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Home My WebLink About#2585 Resolution 4478HINSHAW & CULBERTSON APPLETON, WISCONSIN BELLEVILLE , ILLINOIS BROOKFIELD , WIS CONSIN CHAMPAIGN, ILLINOIS CHICAGO , ILLINOIS CRYSTAL LAKE, ILLINOIS FT. LAUDERDALE, FLORIDA JACKSONVILLE , FLORIDA JOLIET, ILLINOIS LISLE, ILLINOIS MIAMI, FLORIDA WRITER'S DIRECT DIAL NO. 612-334-2516 Ms. Diane Hensley Chicago Title Insurance Company 9855 West 78 th Street Minneapolis, MN 55344 PIPER JAFFRAY TOWER SUITE 3100 222 SOUTH NINTH STREET MINNEAPOLIS , MINNESOTA 55402 612 .333 .3434 TELEFAX : 612 .334 .8888 August 3, 2000 Re: Shemanek/McCaffrey Transaction Your Order No . 00713-002622372 Dear Diane: MILWAUKEE, WISCONSIN MUNSTER, INDIANA PEORIA, ILLINOIS PHOENIX, ARIZONA ROCKFORD, ILLINOIS ST. LOUIS, MISSOURI SAN FRANCISCO, CALIFORNIA SPRINGFIELD , ILLINOIS TAMPA, FLORIDA WAUKEGAN, ILLINOIS FILE NO. 752031 We represent the City of Orono, indirectly involved in this transaction via a subdivision approval and grant of a variance. I understand in discussing this matter with Bruce Boeder that you will be recording the transaction documentation. Enclosed is an original of Resolution No. 4478, which Mr. Boeder and I agreed would make sense that you record as a part of the recording package. Please call with any questions. cc: Bruce A. Boeder, Esq. (w/enc.) Paul Weinberger (w/enc .) HC26DS4/ 4715/26511021.vl 8/2/2000 A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS CITY of ORONO \, ~--.,,_Vt RESOLUTION OF THE CITY COUNCIL ~ .v 44",8 ~~ NO. _____ _ A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 4265 AND 4355 CHIPPEWA LANE; AND GRANTING OF A VARIAN CE TO MUNICIPAL CODE SECTION 10.27, SUBDIVISION 5 (B) FILE NO. 2585 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Thomas McCaffrey and Kathleen McCaffrey and Frederick Shemanek and Joyce Shemanek (hereinafter "the subdividers ") of properties legally described as: Parcel A That part of the South Half of the Northwest Quarter of the Southeast Quarter which lies West of the east quarter thereof and East of the West 421.7 feet thereof and north of the railroad right-of way, EXCEPT the North 217 .00 feet of the East 530.00 feet of said South Half of the Northwest Quarter of the Southeast Quarter, Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian, Hennepin County, Minnesota. Parcel B The North 217 feet of the West 200 feet of the East 530 feet of the South One-halCof the Northwest Quarter of the Southeast Quarter, Section 31, Township 118, Range 23, according to the Government Survey thereof, Hennepin County, Minnesota. to be rearranged by transferring a portion of Parcel A to Parcel B legally described as: Exhibit "A"; and WHEREAS, After due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 15, 2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and Page 1 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 4 7 8 WHEREAS, the subdividers have completed all requirements of the City for a subdivision to rearrange the property lines between 4265 and 4355 Chippewa Lane. WHEREAS, At their regular meeting held on June 12, 2000, the Orono City Council considered the subdivision application of Thomas and Kathleen Mccaffrey and Frederick and Joyce Shemanek, noting the following findings of fact: 1. The property is located within the RR-lA, Single Family Lakeshore Residential District requiring a minimum of 5 acres lot area and 300' width. The existing lots are as follows: 4265 Chippewa Lane 4355 Chippewa Lane 1 acre/200' 6.92 acres/370' 2. The subdividers have proposed a lot line rearrangement creating two substandard lots, one still substandard in area, the other becoming substandard in width. 4265 Chippewa Lane 4355 Chippewa Lane 2.80 acres/325' 5 .12 acres/245' 3. The new property line would result in less than 300' of public road frontage for4355 Chippewa Lane. A variance should be granted for lot width. While 4355 is a legal conforming lot for lot area and lot width prior to subdivision, 4265 is substandard in both width and area. The total combined area and width of both lots is less than 10 acres and less than 600' in width so it is not possible to have both lots meet all area and width standards. The proposed rearrangement is a compromise that allows most efficient use of the available land for maintaining the two existing lots in a manner in keeping with the goals of the 5 acre zoning district. 4. The property line has been placed to permit two conforming septic sites on each resulting lot. The City's On-Site Systems Manager has determined the existing septic systems are non-compliant. 5. The total dwelling units on the properties will not increase as a result of the common property line being relocated. Page 2 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _4_4_7_8 __ The house located at 4265 Chippewa Lane encroaches into a required side yard setback. Rearranging the property line would result in the house being more than the 50 feet required for side setbacks in the RR-lA zoning district. No new substandard setbacks for existing buildings will result from this rearrangement. 7. The Orono Planning Commission reviewed this application on May 15, 2000 and recommended by a vote of 5 to Oto approve the land use application as presented. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono hereby approves the lot line rearrangement of the above referenced property by the subdividers as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc., dated March 23, 2000, attached Exhibit "B", and grants a variance to Municipal Code Section 10.27, Subdivision 5 (B) to permit a resulting Parcel A to be 245 feet in width where a 370 foot width exists and 300 feet is required in the RR-lA zoning district. The approval is subject to the following conditions: 1. The new legal description for Parcel A, as shown on the survey sited above, shall read as follows: Exhibit "C" 2. New drainage and utility easements 5 feet along interior property lines and 10 feet along exterior property lines shall be recorded with this resolution. 3. A variance shall be granted for lot width for Parcel A. 4. The aforesaid division shown on the Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before December 12, 2000 together with a certified original copy of this resolution. 5. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, a new application shall be required for the City of Orono review. Page 3 of 7 LEGAL DOCUMENTS required: CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4 4 1 ( 8 NO. ,., , __ a) Title Opinions or title documents acceptable to City Attorney shall be approved prior to recording this resolution. All owners, mortgage holders or others with property interest indicated therein shall consent to the subdivision. b) The subdivider must provide certified copies of all recorded easements currently affecting the property. c) 3 original signed Certificate of Survey documents shall be submitted by the applicant. Adopted by the City Council of Orono, Minnesota this 12th day of June, 2000. ATTEST: . i;;,,1,,_ 1 ti JU_, Linda S. Vee, City Clerk Gabrie Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 2000, by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A. HASEMAN NOTARY PUBLIC· MINNESOTA My Convnlssion Expires Jan. 31, 2005 NOT ARY PUBLIC Page 4 of 7 / EXHIBIT A PROPOSED PARCEL B (TO BE ADDED TO MCCAFFREY PARCEL) The East 10.00 feet of that part of the West three fourths of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian, which lies south of the N0rth 368.00 feet thereof, and north of the Luce Line Trail right-of-way; ALSO The South 151.00 feet of the North 368.00 feet of the West 314.50 feet of the East 324.50 feet of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of said Section 31; ALSO The North 217.00 feet of that part of the East 324.5 feet of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian which lies west of the East 530.00 feet of said South Half of the Northwest Quarter of the Southeast Quarter Page 5 of 7 _EXHIBIT B 4478 370.10 CHIPPEWA I I I I I I I We,l W>e or Eo,t 6!\5 feet. Soulh 117. -1 NW 11•. S[ ,, ... Sec. Jl-ll6-2J I B [o:,I """ of We,t 47 1.7 lect. Soulh I/;'.. >IW 11•. Sl 1/4. Sr.c J 1-I 18-2l EJ PROPOSED I I I I u, I ol 3I ~, ~I : I ITI I ~, CD ol N I I L. I r· DIVIDING LINE ---t I 124.95 LANE N a9•2a• 40" E 200.0 1 z 0 0 ~ (,I '° l'V -J 0 16.J9 200 EJ --We,:t "1e of [o,I 5.Ul re-c-t. South 1/2. NW 1/4. S( 1/4. Sec. Jl-116-ZJ I CAR~C( I McCAFFREY PARCEL B South line ol North 2 J7 fcC"I. :~th 1/2. ~ NW 1/4. Sf 1/4. Sec. J•·-118·2.l '. S 59•2e· 40" W 200.01 · }14.5 .,. Fl I SHEMANEK I AREA 1.80 t>CRES I I I South r.,.. <>f Nodh J68 feet. South 1/':. _: NW l/4. 5[ l/4. Sec. J 1-l 11l-2J PARCEL A AREA 5. 12 ACRES I ' N 89.28' 40" E 314.52 GR,\V[L ORIV( s 89~.fr 60~~-w-433.'i!f .. -··. -·---.. LUC[ LIN[ TRAIL Page 6 of 7 \ \ . e.~04•05• '51" R-1910.08 l=IJ721 I • i .. L. "'I of ~, ~, ~I = I ,.., I ~, !;'.'.1 CD I JI;:: . "' 0 N 0 ,,.... __ e:o,t i.,,,. IQ Eo,1 5J( S( 1/4, r-,.--W~st hn,: z 0 0 -J (J> ~ NW 1/-4, ~10 • I I I I I I ___ J_ -.. EXHIBITC Resolution No. 4478 PROPOSED PARCEL A (REMAINING SHEMANEK PROPERTY) That part of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118North,Range23 Westofthe5thPrincipalMeridian which lies West oftheeastquarterthereofandEastofthe West421.7feetthereofandnorthoftherailroad right-of-way, EXCEPT the East 10.00 feet thereof; ALSO EXCEPTtheNorth217.00 feet of the West 314.50 feet of the East 324.50 feet thereof. Page 7 of7 RESOLUTION# ~ 4 7 B STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on June 12, 2000 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this __ 2_0_th __ day of June 2000. Linda S. Vee, City Clerk (SEAL) HINSHAW & CULBERTSON "t-.;:,..O t;{~' 0 ..::f APPLETON , WISCONSIN BELLEVILLE. ILLINO IS . .::-BROOKFIELD , WISCONSIN (; CHAMPAIGN , ILLINOIS CHICAGO, ILLINOIS CRYSTAL LAKE, ILLINOIS FT. LAUDERDALE, FLORIDA JACKSONVILLE, FLORIDA JOLIET, ILLINOIS LISLE, ILLI NOIS MIAMI, FLORIDA WRITER'S DIRECT DIAL NO. 612-334-2516 Paul Weinberger Zoning Administrator/Planner City of Orono P.O . Box 66 Crystal Bay, MN 55323-0066 PIPER JAFFRAY TOWER SUITE 3100 222 SOUTH NINTH STREET MINNEAPOLIS , MJNNESOTA 55402 612 .333 .3434 TELEFAX : 612 .334 .8888 July 31, 2000 Re: Resolution No. 4478; File No. 2585 McCaffrey & Shemanek Corrective Legal Description Dear Paul: MILWAUKEE, WISCONSIN MUNSTER, INDIANA PEORIA, ILLINOIS PHOENIX, ARIZONA ROCKFORD , ILLINOIS ST . LOUIS , MISSOURI SAN FRANCISCO , CALIFORNIA SPRINGFIELD, ILLINOIS TAMPA, FLORIDA WAUKEGAN , ILLINOIS FILE NO. 752031 I am in receipt of your correspondence of July 24, 2000 regarding the above. The original Resolution sent to me on June 22nd was still in my "to record" file. Consequently, I am revising Exhibit C to reflect the corrective legal description to reflect that furnished by counsel for McCaffrey & Shemanek, and will record the Resolution as corrected . A copy of the corrected Exhibit C is enclosed. Since this is strictly a correction of a clerical error, no further Council action is needed. A copy of the Drainage and Utility Easement was enclosed with your letter of July 24th • Please forward the original for recording. cc: Thomas J. Barrett, Esq . (w/o enc.) HC26DS4/ 47 l 5/ 265 10822.vl 7/29/2000 A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS EXHIBITC Resolution No. 4478 PROPOSED PARCEL A (REMAINING SHEMANEK PROPERTY) That part of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian which lies West of the east quarter thereof and East of the West 421. 7 feetthereof and north of the railroad right-of-way,EXCEPTtheEast10.00feetthereof;ALSOEXCEPTtheNorth217.00 feet of the West 314.50 feet of the East 324.50 feet thereof. Page 7 of7 CITY of ORONO Rolfe A. Worden Hinshaw & Culbertson Piper Jaffary Tower Suite 3100 222 South Ninth Street Minneapolis, MN 55402 July :;24, 2000 Street Address: 2750 Kelley Parkway Orono, MN 55356 RE: Correction of Recorded Legal Description Dear Mr. Worden: Municipal Offices Malling Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono adopted Resolution No. 4478 approving the Shemanek/McCaffrey lot line rearrangement. The Resolution was recorded sometime in late June. While writing the drainage and utility easements an error was discovered in the recorded legal description for the portion of the property that was transferred to the McCaffrey's. I have highlighted the portion of the legal description that needs correction, attached as Exhibit A to the Resolution. I have discussed this with Bruce Boeder, attorney for the McCaffrey's. The error may be able to be corrected by drafting an amended resolution for adoption by the Council, referencing the resolution previously adopted. Please let me know if this can be corrected by a new resolution. Secondly, I have included an easement document granting drainage and utility easements along the property lines for recording. Do not hesitate to contact me at (612) 249-4623 should you have any questions. Bruce Boeder can be reached at (612) 475-3435. Sincerely, ~~u£4~ Paul Weinberger Zoning Administrator/Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us ,oeder July 19, 2000 Mr. Thomas E. Wolff WOLFF LAW OFFICE 12903 18th Avenue South Burnsville, MN 55337 Mr. Paul Weinberger Planning Department CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Orono, MN 55323 Re: Shemaneks/McCaffrey Dear Sirs: Bruce A. Boeder, P.A. Attorneys At Law 1000 Superior Boulevard Wayzata, Minnesota 55391 phone: 612-475-3435 fax: 612-4 75-0301 email: BBoeder@BoederLaw.com As we have discussed, the surveyor, Mark Gronberg, has discovered an error in the legal description which he previously provided to us. The error is found in the first portion of the sale parcel as follows: The East 10.00 feet of that part of the West three-fourths of the South half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian, which lies south of the North 368.00 (should be 217.00) feet thereof, and north of the Luce Line Trail right-of way; ... I enclose copies of the revised Survey for your files. It is my understanding that the City Council Resolution has been recorded. I believe that this error can be corrected by an Amended Resolution, which recites that the earlier Resolution (identifying it by date of issuance and recording information) was in error and that, rather, the correct legal description is as now stated. If the City Attorney wishes to discuss this further with me, please have him contact me directly. Mr. Thomas E. Wolff Mr. Paul Weinberger Page 2 July 19, 2000 Luckily, I was able to stop Chicago Title Insurance Company before the recording of the Deed and Partial Release of Mortgage which contain the erroneous legal description. I have accordingly revised page one of the Warranty Deed executed by the Shemaneks and enclose a copy of same ( as well as a copy of the original page one) for your information. You will note that the only change to page one is to correct the legal description. I would ask Mr. Wolff to confirm that I have his permission to substitute the revised page one for the page one of the Warranty Deed previously signed by his clients. I have also prepared and enclose a corrected Partial Release of Mortgage, which I would request Mr. Wolff have executed by Victoria State Bank and returned to me. For your reference, please find a copy of the Partial Release of Mortgage executed by Victoria State Bank on June 14, 2000. Again, the only change to this document is to correct the legal description (note that there was also an error in the Bank's previous version). Mr. Gronberg has prepared legal descriptions for the drainage and utility easements. I enclose a copy of same for your review and comment. As the Drainage and Utility Easement executed by the Shemaneks and my clients merely reference the legal description as an Exhibit (which was to be subsequently prepared), I do not believe that the parties need to re-execute the Easement document. However, I enclose a copy of the Drainage and Utility Easement document for Mr. Wolff to present to the lender at the time he obtains the lender's consent. If either of you should have any questions, please don't hesitate to contact me. Luckily this error was caught at this time, as opposed to 20 years from now when the McCaffreys decide to sell. Thank you for your assistance. BAB/smm Enclosures cc: Mr. and Mrs. Thomas Mccaffrey Ms. Dianne Hensley WARRANTY DEED Individual to Joint Tenants No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) no't required Certificate of Real Estate Value No. ------- ---------------' 20 __ County Auditor By ______________ _ STATE DEED TAX DUE HEREON: $170.00 Date: June 30, 2000 Reserved for recording data FOR VALUABLE CONSIDERATION, Frederick E. Shemanek, Jr., and Joyce E. Shemanek, husband and wife, Grantors, hereby convey and warrant to Thomas J. McCaffrey and Kathleen L. McCaffrey, husband and wife as joint tenants, Grantees, real property in Hennepin County, Minnesota, described as follows: The East 10. 00 feet of that part of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian, which lies south of the North 217.00 feet thereof, and north of the Luce Line Trail right-of-way; ALSO The South 151.00 feet of the North 368.00 feet of the West 314.50 feet of the East 324.50 feet of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of said Section 31; ·ALSO The North 217.00 feet of that part of the East 324.5 feet of the West three-fourths of the South Half of the N01ihwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian which lies west of the East 530.00 feet of said South Half of the Northwest Quarter of the Southeast Quarter. together with all hereditaments and appurtenances belonging thereto. The Seller certifies that the Seller does not know of any wells on the described real property. -c-Yu~~d~~ . Frederick E. Shenfanek, Jr. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me thi E. Shemanek, Jr., and Joyce E. Shemanek, husband d ,;Jtt- '() day of June, 2000, by Frederick fe, Grantors. e BRUCE A. SOEDER NOrMYNIIJC•IINNESOl'A u,Cu..-..tlqJIIIJln.31,2005 THIS INSTRUMENT WAS DRAFTED BY: Bruce A. Bocder (9349) BRUCE A. BOEDER, P.A. 1000 Superior Boulevard Wayzata, MN 55391 Telephone (612) 475-3435 2 Tax statements for the real property described in this instrument should be sent to: Thomas J. and Kathleen L. McCaffrey 4265 Chippewa Lane Maple Plain, MN 55359 WARRANTY DEED Individual to Joint Tenants For Your Information No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. -------_______________ ,20 __ County Auditor By _________________ _ STATE DEED TAX DUE HEREON:$ Date: June 30, 2000 Reserved for recording data FOR VALUABLE CONSIDERATION, Frederick E. Shemanek, Jr., and Joyce E. Shemanek, husband and wife, Grantors, hereby convey and warrant to Thomas J. McCaffrey and Kathleen L. McCaffrey, husband and wife as joint tenants, Grantees, real property in Hennepin County, Minnesota, described as follows: The East 10.00 feet of that part of the West three-fourths of the South Half of the Northwest Quarter ofthe Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian, which lies south of the North 368.00 feet thereof, and north of the Luce Line Trail right-of-way; ALSO The South 151.00 feet of the N01ih 368.00 feet of the West 314.50 feet of the East 324.50 feet of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of said Section 31; PARTIAL RELEASE OF MORTGAGE by Corporation FOR VALUABLE CONSIDERATION, the real property in Hennepin County, Minnesota, legally described as follows: The East 10.00 feet of that part of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian, which lies south of the North 217.00 feet thereof, and north of the Luce Line Trail right-of-way; ALSO The South 151.00 feet of the N01ih 368.00 feet of the West 314.50 feet of the East 324.50 feet of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of said Section 31; ALSO The North 217.00 feet of that part of the East 324.5 feet of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian which lies west of the East 530.00 feet of said South Half of the Northwest Quarter of the Southeast Quarter, is hereby released from the lien of the Mortgage, owned by the undersigned, dated August 12, 1994, executed by Frederick E. Shemanek, Jr., and Joyce E. Shemanek, a/k/a Joyce A. Shemanek, as Mortgagor, to Victoria State Bank, as Mortgagee, and filed forrecord August 29, 1994, as Document Number 6332304, in the Office of the County Recorder of Hennepin County, Minnesota, as modified and extended by Agreement dated September 15, 1999, filed September 28, 1999, as Document No. 7187943. STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) VICTORIA STATE BANK By: ________________ _ Jerry L. Julius Its: Vice President By: ________________ _ Sylvia Matson Its: Vice President The foregoing instrument was acknowledged before me this ___ day of July, 2000, by Jerry L. Julius and Sylvia Matson, the Vice President and Vice President, respectively, of Victoria State Bank, a corporation under the laws of the State of Minnesota, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Bruce A. Boeder (9349) BRUCE A. BOEDER, P.A. 1000 Superior Boulevard Wayzata, MN 55391 Telephone (612) 475-3435 2 .PARTIAL RELEASE OF MORTGAGE By Corpornt 111n or Part n1 r.c.h1p Partial Release of Mortgage .VII Form No. 53 · M Date: _..i.JLi..UwN_i;;_E--±:14::t._ __________ . 2.0.llil (reserved for recording data) FOR VALUABLE CONSIDERATION. the re~l property in ____!..H!.!::E:!..:!N!.:!.N::..!EP-'I:1:N~ _________ County, Minnesota, legally described as follows: The East I 0.00 feet of that part of the West three fourths of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 116 North, Range 23 West of the 5 th Principal Meridian, which lies south of the North 368.00 feet thereof, and north of the Luce Line Trail right-of-way; ALSO The South 151.00 feet of the North 368.00 feet of the West 314.50 feet of the East 324.50 feet of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of said Section 31; ALSO The North 217.00 feet of that part of the East 324.5 feet of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5 th Principal Meridian which lies west of the East 530.00 feet of said South Half of the Northeast Quarter of the Southeast Quarter (If morr space is n<'<'dNl. cor:tinue on hack) AUGUST 12 1994 is hereby released from the lien of the Mortgage, owned by the undersigned, dated-~=:::....:....-.:::..:=----· -- e,xecuted by FREDERICK E SHEMANEK ,JR. & ,IQYCE E SHFMANFK A/K/A ,IOYCE A SHEMANEK ----------------:-:-:----------------------, as Mortgagor, to VICTORIA STATE BANK , as Mortgagee, and fl.led for record AUGUST 29 . .19..9A.. as Document Number --l6:i...31.3u2::...3ll.OJ!c4L-~------- _o_U,1;1_;1..uL.L..J....,.,_ ______ p_ ) in the Office of the (County Recorder) (or in Book _____ of age-------· · ·· (Registrar of Titles) of HENNEPIN County. Minnesota. STATE OF MINNESOTA COUNTY OF _--...!Ce!!AmR.lUVE=..!.R'---------- . d db f th· 14TH day of _\J,!..l,UillN""-E ____ _ .. 2000, The foregoing instrument was acknowle ge e ore1-1;J is SYLVIA MATSON hy JERRY L JULIUS __ !2.1J::JL:J:.t1.S~D~E~NT.!_?----------- th (., VICE-PR ES ID ENT ,rn cl _.J!V'.:!:I~C_t;.:E :rP:rRu;Ei2.I!!LJ;;Jj.l_--:::-::::::::::=-:::-;:;:::;:-;::;-;::------ I a CORPORATION of VICTORIA STATE BANK CORPORATION under the laws of _ M_Il'JNESOTA _, on behalf of the -~L!J.!..J,L!_.!!l.!~~------- ll!IS IN'-Tll\:~11:N·1 W,\S l)R.-\l·"f'l;r> BY <N.\MI. -\lllll{ISS 1 VICTORIA STATE BANK 1630 ARBORETUM BLVD. P.O.BOX35 VICTORIA, MN 55386-0035 L .. COFFIN & GRONBERG, INC. SURVEYING, ENGINEERING ANO LANO Pl.ANNINO 482•A TAMARACK AVENUE LONO LAKE, MINN, !1!13!18 473-4141 LEGAL DESCRIPTIONS FOR DRAINAGE & UTILITY EASEMENTS JULY 12, 2000 NEW SHEMANEK PARCEL An easement for drainage and utility purposes over, under and across the most northerly 10 feet, the southerly 10 feet and 5 feet wide along all other perimeter property lines of the following described parcel: That part of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian which lies West of the east quarter thereof and East of the West 421. 7 feet thereof and north of the railroad right-of-way, EXCEPT the East 10.00 feet thereof; ALSO EXCEPT the North 368.00 feet of the West 314.50 feet of the East 324.50 feet thereof. NEW MCCAFFREY PARCEL An easement for drainage and utility purposes over, under and across the northerly 10 feet; the most southerly 10 feet; the easterly 10 feet and 5 feet wide along all other perimeter property lines of the following described parcel: The North 217 feet of the West 200 feet of the East 530 feet of the South Half of the Northwest Quarter of the Southeast Quarter, Section 31, Township 118 North, Range 23, according to the Government Survey thereof. ALSO The East 10. 00 feet of that part of the West three fourths of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian, which lies south of the North 217 feet thereof, and north of the Luce Line Trail right-of-way; ALSO The South 151.00 feet of the North 368.00 feet of the West 314.50 feet of the East 324.50 feet of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of said Section 31; ALSO The North 217.00 feet of that part of the East 324.5 feet of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian which lies west of the East 530.00 feet of said South Half of the Northwest Quarter of the Southeast Quarter. DRAINAGE AND UTILITIES EASEMENT THIS INDENTURE, made this ____ day of June, 2000, by and between Frederick E. Shemanek, Jr., and Joyce E. Shemanek, husband and wife, and Thomas J. McCaffrey and Kathleen L. McCaffrey, husband and wife, hereinafter referred to as "Grantors," and the City of Orono, a municipal corporation, its employees, interests and assigns, hereinafter referred to as "Grantee." WITNESS, that Grantors, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Gran tors, do hereby grant, bargain, sell and convey to Grantee, its successors and assigns, a perpetual easement for drainage and utility purposes, including the right to construct and maintain the same, together with the right of the public for access over, above, under and across the land located in the State of Minnesota, County of Hennepin, legally described as follows: See attached Exhibit "A" which is made part of this document. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantors covenant that they are in fee title to the above property, have a lawful right and authority to convey and grant this easement, and that the land is free from all encumbrances except: a certain first mortgage in favor of Victoria State Bank, dated August 12, 1994, filed August 29, 1994, as Document No. 6332304, as modified and extended by Agreement dated September 15, 1999, filed September 28, 1999, as Document No. 7187943. Grantors have executed this document the date and year set forth above. GRANTORS: Kathleen L. McCaffrey - 2 ST ATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instmment was acknowledged before me this J() (Dz_ day of June, 2000, by Frederick E. Shemanek, Jr., and Joyce E. Shemanek, husband and win /'/,..1/ NOrNffP\IIUC•IINtESOTA ____,,"-,,/,,,_,/___./2-----=-,,~--z_'-;;_/4_._,/ _-______ _ e BRUCE A. BOEDER // / ~ '-Cti:ailllllll[JPRl-31,2005 N/4'ry Fublic STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instmment was acknowledged before me this .J {)XJ-day of June, 2000, by Thomas J. McCaffrey and Kathleen L. McCaffrey, husb~~ -N~~'--t hry,,,__,.Pu"---b-1-ic ____________ _ e BRUCE A. BOEDER N01'ARYF\aJC -MINNESOTA Mt Co111,illllan Explras Jan. 31, 2005 THIS INSTRUMENT WAS DRAFTED BY: Bmce A. Boeder (9349) BRUCE A. BOEDER, P.A. 1000 Superior Boulevard Wayzata, MN 55391 Telephone (612) 475-3435 3 EXHIBIT "A" LEGAL DESCRIPTIONS FOR DRAINAGE & UTILITY EASEMENTS An easement for drainage and utility purposes over, under and across the most northerly 10 feet, the southerly 10 feet and 5 feet wide along all other perimeter property lines of the following described parcel: That part of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian which lies West of the east quarter thereof and East ofthe West 421.7 feet thereof and north of the railroad right-of-way, EXCEPT the East 10.00 feet thereof; ALSO EXCEPT the North 368.00 feet of the West 314.50 feet ofthe East 324.50 feet thereof An easement for drainage and ut:1ity purposes over, under and across the northerly 10 feet; the most southerly 10 feet; the easterly 10 feet and 5 feet wide along all other perimeter property lines of the following described parcel: The North 217 feet of the West 200 feet of the East 530 feet of the South Half of the Northwest Quarter of the Southeast Quarter, Section 31, Township 118 North, Range 23, according to the Government Su::-vey thereof ALSO The East 10.00 feet of that part c,fthe West three fourths of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian, which lies south of the North 217 feet thereof, and north of the Luce Line Trail right-of-way; ALSO The South 151.00 feet of the North 368.00 feet of the West 314.50 feet of the East 324.50 feet of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of said Section 31; ALSO The North 217.00 feet of that part of the East 324.5 feet of the-West tluee-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of Section 3 l; Township 118 North, Range 23 West of the 5th Principal Meridian which lies west of the East 530.00 feet ofsaid SouthHalfofthe Northwest Quarter of the Southeast Quarter. CONSENT OF MORTGAGEE Victoria State Bank, a Minnesota banking corporation, Mortgagee, hereby consents to and joins in the Grant of Easement dated June ___ , 2000, made by Frederick E. Shemanek, Jr., and Joyce E. Shemanek, husband and wife, and Thomas J. McCaffrey and Kathleen L. McCaffrey, husband and wife. STATE OF ----- COUNTY OF ----- ) ) ss. ) VICTORIA STATE BANK By: _________________ _ Its: ------------------ By: ________________ _ Its: ------------------ The foregoing instrument was acknowledged before me this __ day of ____ _ 2000, by _______________ and _____________ _ the _________ and _________ , respectively, of Victoria State Bank, a Minnesota banking corporation, on behalf of the corporation. Notary Public lo~ i ! -~ -:-:1 . -"~-': =--_ :., ,~ :t:,~,lt1~ CITY of ORONO June 22, 2000 Rolfe A. Worden Hinshaw & Culbertson 222 South Ninth Street, Suite 3100 Minneapolis, MN 55402 RE: Letter of Transmittal Dear Mr. Worden: Street Address: 2750 Kelley Parkway Orono, MN 55356 Enclosed is the following resolution for recording: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 1. Resolution No. 4478, File No. 2585 -Thomas McCaffrey & Frederick Shemanek A Drainage & Utility Easement will be recorded subsequent to the recording of this resolution. Please contact me at 249-4603 if you have any questions. Sincerely, Clz;_)-/-C~ c;~.,id.Z/Y?a,,,,_j Carole A. Haseman Deputy Clerk Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 4265 AND 4355 CHIPPEWA LANE; AND GRANTING OF A VARIAN CE TO MUNICIPAL CODE SECTION 10.27, SUBDIVISION 5 (B) FILE NO. 2585 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Thomas McCaffrey and Kathleen McCaffrey and Frederick Shemanek and Joyce Shemanek (hereinafter "the subdividers") of properties legally described as: Parcel A That part of the South Half of the Northwest Quarter of the Southeast Quarter which lies West of the east quarter thereof and East of the West 421. 7 feet thereof and north of the railroad right-of way, EXCEPT the North 217 .00 feet of the East 530.00 feet of said South Half of the Northwest Quarter of the Southeast Quarter, Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian, Hennepin County, Minnesota. Parcel B The North 217 feet of the West 200 feet of the East 530 feet of the South One-halCof the Northwest Quarter of the Southeast Quarter, Section 31, Township 118, Range 23, according to the Government Survey thereof, Hennepin County, Minnesota. to be rearranged by transferring a portion of Parcel A to Parcel B legally described as: Exhibit "A"; and WHEREAS, After due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 15, 2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and Page 1 of 7 CITYofORO 0 RESOLUTION OF THE CITY COUNCIL NO. ______ _ WHEREAS, the subdividers have completed all requirements of the City for a subdivision to rearrange the property lines between 4265 and 4355 Chippewa Lane. WHEREAS, At their regular meeting held on June 12, 2000, the Orono City Council considered the subdivision application of Thomas and Kathleen McCaffrey and Frederick and Joyce Shemanek, noting the following findings of fact: 1. The property is located within the RR-lA, Single Family Lakeshore Residential District requiring a minimum of 5 acres lot area and 300' width. The existing lots are as follows: 4265 Chippewa Lane 4355 Chippewa Lane 1 acre/200' 6.92 acres/370' 2. The subdividers have proposed a lot line rearrangement creating two substandard lots, one still substandard in area, the other becoming substandard in width. 4265 Chippewa Lane 4355 Chippewa Lane 2.80 acres/325' 5 .12 acres/245' 3. The new property line would result in less than300' of public road frontage for4355 Chippewa Lane. A variance should be granted for lot width. While 4355 is a legal conforming lot for lot area and lot width prior to subdivision, 4265 is substandard in both width and area. The total combined area and width of both lots is less than 10 acres and less than 600' in width so it is not possible to have both lots meet all area and width standards. The proposed rearrangement is a compromise that allows most efficient use of the available land for maintaining the two existing lots in a manner in keeping with the goals of the 5 acre zoning district. 4. The property line has been placed to permit two conforming septic sites on each resulting lot. The City's On-Site Systems Manager has determined the existing septic systems are non-compliant. 5. The total dwelling units on the properties will not increase as a result of the common property line being relocated. Page 2 of 7 CITYofORO 0 I>,,. ~~< ....... ,.., ...... ...-,~vt RESOLUTION OF THE CITY COUNCIL ~uo~ No. ,t 4. t7, 8 6. The house located at 4265 Chippewa Lane encroaches into a required side yard setback. Rearranging the property line would result in the house being more than the 50 feet required for side setbacks in the RR-lA zoning district. No new substandard setbacks for existing buildings will result from this rearrangement. 7. The Orono Planning Commission reviewed this application on May 15, 2000 and recommended by a vote of 5 to Oto approve the land use application as presented. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono hereby approves the lot line rearrangement of the above referenced property by the subdividers as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc., dated March 23, 2000, attached Exhibit "B", and grants a variance to Municipal Code Section 10.27, Subdivision 5 (B) to permit a resulting Parcel A to be 245 feet in width where a 370 foot width exists and 300 feet is required in the RR-lA zoning district. The approval is subject to the following conditions: 1. The new legal description for Parcel A, as shown on the survey sited above, shall read as follows: Exhibit "C" 2. New drainage and utility easements 5 feet along interior property lines and 10 feet along exterior property lines shall be recorded with this resolution. 3. A variance shall be granted for lot width for Parcel A. 4. The aforesaid division shown on the Certificate of Survey shall be filed by tlie City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before December 12, 2000 together with a certified original copy of this resolution. 5. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, a new application shall be required for the City of Orono review. Page 3 of 7 LEGAL DOCUMENTS required: CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 4 7 8 a) Title Opinions or title documents acceptable to City Attorney shall be approved prior to recording this resolution. All owners , mortgage holders or others with property interest indicated therein shall consent to the subdivision. b) The subdivider must provide certified copies of all recorded easements currently affecting the property. c) 3 original signed Certificate of Survey documents shall be submitted by the applicant. Adopted by the City Council of Orono, Minnesota this 12th day of June, 2000. Linda S. Vee, City Clerk Gabri Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 2000, by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A. HASEMAN NOTARY PUBLIC-MINNESOTA t.t, Camnmlon Explr8s Jan. 31, 2005 NOTARY PUBLIC Page 4 of 7 EXHIBIT A PROPOSED PARCEL B (TO BE ADDED TO MCCAFFREY PARCEL) The East 10.00 feet of that part of the West three fourths of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian, which lies south of the N.:>rth 368.00 feet thereof, and north of the Luce Line Trail right-of-way; ALSO The South 151.00 feet of the North 368.00 feet of the West 314.50 feet of the East 324.50 feet of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of said Section 31; ALSO The North 217.00 feet of that part of the East 324.5 feet of the West three-fourths of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian which lies west of the East 530.00 feet of said South Half of the Northwest Quarter of the Southeast Quarter Page 5 of 7 z C' C a, C C a, 0 .. ... ___, ,, ► u;.57 -0 t EXHIBIT B CHIPPEWA 370.10 I I I I I I I West ,;,,, of Eosl 6!\5 feet. Soulh 117. -; NW 11•. Sf 1/4. Sec.. JI-I 18-2J I 124.95 B I I I I V) I ol [o:,I hoe of W<":&I 471 7 r~ct. Sovrt, IJ'L NW 11•. SE. 114. Sec .H-118-2.l PROPOSED El Q9 I ·.\_,I\J\.ONGS 31 ':! I ~I = I ,,, I ~I Cl> ol ..., I I L I r· DIVIDING LINE --7 I I SHEMANEK I I I I AREA Sout1'l r~ of NCN'th J68 feel, Soutt, 11:'. _: NW ., •• :;( 1/4, Sec . .l 1-1111-2.~ PARCEL A 5.12 ACRES / LANE N 89°28' 40" E 200.0 1 z 0 l'v ..... 0 1.80 i\CRES 16.J9 200 B --Wc~t line of Ea,I 5.W fe-<'."l. 5oufh 1/2. NW 1/4. SE 1/◄• Sec. J1-118-2J I GAR~C( I McCAFFREY PARCEL B South line of North 217 fce-t. :~lh 1/2. -., NW 1/4. Sf 1/4, Se<:. J t.. 118 ·2.l S 89"28' 40" W 200.01 • }14.5 3H.5 N 89"28' 40" E 314.52 IQ "'I ol --; I ~I ~I = I ,.., I ~I !;'.: I °' I V) 0 I fT'I ...., .., 0 11---(03t ,.,, .. Ea>I 5Jl SE 1/◄. -.-.-West hn~ NW 1/4. z 0 0 ..... (ft ~ ~10 • I I I I I L.:.:....:.....:.:~-::.....:::.:_.:....:~..::;:_:__;~...;;.:..;.;...=..=~C~R";',\';';V-;:"(L;-------__ -_-_-_-___ --_-_-_--;:;Dfl;;:l~V;E-----;:-----:-A-~-0-4-•Q-6-.- 5 -_,-.. ---Jl_r-·~ s fl9~J1' 60~· w-Hl2!f· Rb1910.08 L~IJ721 LUC[ LIN[ TRAIL \ \ . I • i . .\ ... ____ J_ - Page 6 of 7 EXHIBIT C PROPOSED PARCEL A (REMAINING SHEMANEK PROPERTY) That part of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian which lies West of the east quarter thereof and East of the West 421. 7 feet thereof and north of the railroad right-of-way, EXCEPT the East 10.00 feet thereof; ALSO EXCEPT the North 368.00 feet of the West 314.50 feet of the East 324.50 feet thereof. Page 7 of 7