HomeMy WebLinkAbout7.j. Astleford Metes & Bounds Parcel Division / Combination f'. � . � . . � .
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TO: CITY COUNCIL ��
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FROM: MICHAEL WOZNIAK, CiTY PLANNER, AICP
DATE: APRIL 13, 1989
SUBJ: APRIL 18, 1989 - REGULAR MEETING REVIEWS
ASTLEFORD METES & BOUNDS PROPERTY nIVISI'UN/COMB[NATION
Melvin Astleford has requested that the City authorize a series of divisions of
property and subsequent eombination of some of the resulting parcels, all
effecting three existing parcels of property within Section 28, Township 115,
Range 18. The groperties in question are located at the intersection of C.R. 38
C.H. 42 and S.H. 55. Enclosed with this review are copies of the fotlowing: a
certifieate of survey indicating current and proposed parcel houndaries, an
indenture (agreement) between the City and Pra}�erty nwrrcr authc�rizing division
of the parcels and combination of some of the resulling parcels, and a resolution
authorizing the City to execute the indenture.
In Fall of 1988 I was contacted by Betty Astlefard (daughter-in-law of M.G.
Astleford) to authorize a property division by metes and bounds description to
allow M.G. Astleford to deed a 11 acre homesite to his family members. The
� parcel (outlined in y�llow on survey) which Ms. Astleford desires to create
requires the division and subsequent permanent combination of several pareels.
It should be recognized that the three existing parcels being affected by this
division/combination have been crisscrossed with easements for Highways 38, 42
and 55 and have left an awkward situation where differents p.ortions of the same
parcel are divided by a major highway. The proposed parcel divisions and
combinatians will help to remedy this situation and is in the best interest of the
City.
Based upon the legal descriptions included within the attaehed '#ndenture, all new
parcels being created by the property divisions and subsequently eombined meet
City of Rosemount Zoning Ordinance requirements. Although this series of
property divisionsicombination is somewhat cumbersome, since no new
development is being proposed it would be unreasonah(e to require platting in
this case,
The Planning Gommission has recommended approval of the �roposed property
divisions/combinations. It is requested that City Cvuncil approve the proposed
property divisionslcombinations by metes and bounds description and authorize
the Mayor and City Administrator ta execute the required indenture.
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City of Rosemount i +�
` ResQiution 1989- ''i ''
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A Resolution Approving A Series of I, I
Property Divisions and Combinations By I,,
Metes and Bounds Description ', ;
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WHEREAS, the City of Rosemount has received a request fro l i
Melvin G. Astleford ta divide and cambine properties as legall� j
described and in a manner prescribed in an indenture attached tJo i
this resolution as Exhibit "A'; !, �
WHEREAS, the Planning Commission of the City of Rosemounk h�s �
recommended approval of the indenture attaehed as Exhibit "A". , '
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NOW THEREFORE BE IT RESOLVED, the City Council of the Citl,y '
of Rosemount approves the indenture authorizing the division anld �
combination of properties located within Section 28, Township 11�, ;
Range 18, Dakota County, Minnesota; between the City olf j
Rosemount and Melvin G. Astleford and authorizes the signatur$s i
thereon and distribution to the County. ', i
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Adopted this 18th day of April, 1989. I! I
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llnHk M r I�
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ATTEST: I, �
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Ste han Jilk Administrator/Clerk ' �
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� , THIS INDENTU�made this day o[ Fchruar , ]9�U end amon :
Y Y L�
Melvin G. Astleford '
and � ,
City at Rosemount, a Minnesota municipal corporation in the County �
of Dakota and Stale of Minnesota, hereinafter re[erred tc� as "City";
WITNESSETH: `
`t
WHEREAS, the Melvin G. Astleford is owner of the following described premises, j
to wit:
r- arcei.�.
The west half of the Northwest Quarter of Section 2$, Townshi�
115, Range 18, Minnesota, lying South of Stale Trunk Highway
No. 55.
Subject to Dakota County Stale Aid Highways No. 38 and No. 42,
and all easements of record.
Parcel 2•
� The Northeast Quarter of the Northwest Qnarter af Sectipn 28,
Township I15, Range 18, Dakota County, Minnesota. .
Subject to Dakota Coanty State Aid Road No. 38, and al)
easements of record.
�.�.L�:
The Southeast Quarter of the Northwest Quarter of Section 28, ;
Township 115, Range l8, Dakota County, Minnesata.
Subject to Dakota County State Aid Roads No. 38 and No, 42, `
amd all easements of record.
WHEREAS, the City of Rosemount has ap}�roved metes and bounds �arcel
divisions of Parcels 1, .2, and 3, which has caused the crealion of !he following
ctescribed parcels:
.�arcgl 4: ,
That paxt of the West half of the Northwest Quarter of Section
28, 'Township 115, Range 18, Dakota County, Minnes�ta, lying
south of Stafe Trunk Highway No. 55 excepting therefrom that
part described as follows: `
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Commencing at the Sauthwest corner of the Northwesl Quarter of �
the Northwest Quarter, thence North f3y degrees 2:� minutes 37 t�
seconds East on an assumed t�earing along the Sautfi line of said
Northwest Quarter of the Northwest �uarter a distai�ce �f 9h4.tfi
feet to the point of beginning; thence NortCi O degrees 21
minutes 07 seconds West paraltel to the West line of said
Northwest Quarter a distance of 973.77 feet to the southeriy
right-of-way line of State Trunk High�vay No. 55; thence South
54 cic�rces 3l minutcs 54 secands [:7s1 �I�ing s�ici ri�ht-�f-w�y
li»c in thc East line ��( saicfi Wecl halC nl' tl�c Ncrrlh+vcst Qu:trlcr;
thence S�uth 0 degrees 19 minu[es S7 serancis East to the
northwes[etty rigMt-ol'-way line c�f bak�ta• C'ouniy State Aid
. ;,
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p 0 Highwa�To. 42, according tc� thc f)aknta C�unt Roacl Ri ht-of-
Way+ Map No. 2lA on filc and of rce��rd ii� tl c office of the
Dakata County Recorder, thence sc�utltwetterty AIOtl� S�id righl-
• of-way line to the ac�rtherly Line o[ Parce) 1£3A accc�rciing to said
Ma� 21A; thence narthwesterly afc�ng sai�) northerty Iine t� the
South line of tltie Nor[hwest Quartrr of the Northwest Uuarter ot �
said Section 28; thence South $9 degrees 23 minutes 37 seconds '
West along said South tine to the point o( beginning.
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Suhject to Dakata County State Aicl liighw�ys Nc�. ;�R and Nc►. 42, 't
and all c�scments af rccorcl.
P�r :
That part of the West half of tAe Norlhwest Quarter of Section �
28, Township I15, Range 18, Dakota Co�tnty, Minnesota, tying
South of State Trunk i-tighway No. 55 described as fnll'ows:
Commencing at the 5outhwest corner of the Norlh«�cst Qaartet of
the Northwest Quarter; thence N�rth 8�) degrees 2� minutes 37
seconds East on an assumed hearing along the South )ine o(' said
Northwest Quarter o[ the Morthwest (?u�rter a distance of 964.66
feet ta the point ot heginning; thence North 0 degrees 21 �
minutes 07 seconds West parallel to the West line of said =
Northwest Quarter a distance ot 973.77 ,feet to the southerly
right-of-way line of State Trunk Nighway No. 55; thence South
54 degrees 3C minutes 54 seconds �ast along said right-of-way
line to the East tine of said West h�lf of the Northtivest Quarter;
thence South 0 degrees 19 minutes S7 seconds East to the �
northwesterty right-of-way line af Dakota County State Aid i
Highway No. 42, according to the Dakota County Road Right-o[-
Way Map No. 21A on file ancl of recorci in the �f(ice oP the
Dakota County Recorder; thence southwesterly al�ng said right-
o[-way line to the northerly Iine of Farcel ].8A according to said
Map 21A; thence northwesterly a(ong said nortberly line to the
South line of the Northwest Quarter af the Northwest Quartet of
said Section 28; thence South 89 degrees 23 minutes 37 seconds ;
West atong said South line to the point of beginniog. '
Snbject to County State Aid fiighway No. 38, and all easements �
. of record. '
Par�cel 6:
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That part of the Northeast Quarter of the Northwest Qu$rter oE ��
Seetion 28, Township 115, Range 1$, Dakota County, Minnesota, j
lying southwesterly ot the s�uth�vesterly rigfit-of-way line af ;
State Trunk Highway No. SS ancl lying northwesterly of the
, northwesterly right=of-way line af l�akota Caunty State Aid
Highway Na, 42, aGcorcling to the Dakat� County Road Righl-nf-
Way Ma� No. 2iA on fite and oC recarc# in the office of the
Dakota County Recorder. �
Subject to Dakoia County State Aid Road No. 38, and ati �
easements of record.
i'arc i ;
That ��art of the Sc�uthcast Quarter o( Ihc Northtivcs! Uu�rter ctf
Section 2Fi, Township t15, Range 1R, i?�kofa County, Minnesnta,
lying n�rthwesterly ot' tbe n�rtl�wcsterly r.tRht-c��-way line �f
Dakota County State �id fiighway N�. 42 also being !'arcel 1$,
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according to the Dakot� County Ro1d Right-of-Way Map No. 2tA
�n filc and of recc�rd in the ��fticc of Ihe Uakota Cc�unty '
Recorder.
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Subject to Dakota County State Aid Road N�. 38, and all ��
easements of record. . ��
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Farce 8; '
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That part of the Nc�rlheast Qu�ricr ot the Nnrthwcst Ouartcr ol'
Scctinn 28, Township i15, Rangc 1ii, Dakc�ta Counly, Minncsata, �
lying southwesterly and southerly of the southwesterly and �
sautherly right-of-way line of State Trunk Highway No. 55;
excepting therefrom that part lying narthwesterly of the ,�
northwesterly right-at-way line ofi Dskata County StAte Aid
Highway Na. 42, according to the Dak�ta County Rn�d Right-of• •
Way Map No. 21A on file and o( record in the of[ire of the
Dakota Caunty Recorder.
Subject to Dak�ta County State Aid Highways No. 38 and No. 42, I
and all easements of record. i
Par��
That part af the Southeast Quarter nf the Northwest Quarter of
Section 28, Township 215, Range 18, Dakota County, Minnesota;
exee}�ting therefcom that part lying northwesterly o[ the
northwc�terty right-of-w�y line �f U1ICAlA Co��nty State Aid
Highway No. 42 also being Parcct 1£t, aecorciing tn the DakotA ►
County Road Right-of-Way Ma}� No. 21A on [i{e and of record in •
the ofCice of the Dakota County Recor�ier.
. ' Subject to Dakota County State Aid Rc�ads No. 38 and Nc�. 42,
and all e�sements oi' record.
, Parc�1..�5l: {
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That part of the Northeast Quarter of the Northwest. Quarter of '
Seetion 28: Township 1i5, Range ].8, pakota County, Minnesota,
Iying northerly of Stale Trunk Highway No. 55.
Snbject to Fahey Avenue, and a!I easements of record.
WitEREAS, the said Parcels 5, G, and 7, are adjacenl to each other and h v �
e o m m o n b o u n d ar y irne. a e a �
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NnW, TiiEREFORE, the parties do herchy covcnant and deciare Ihat said Parcels
5, 6, and 7 be, and the same hcreby are, suhject tc� the fvll�wing restricii�nc, to
wit:
l. That upon Ehe recording o[ the metes and bounds �arcel divisions which
will create Parcels 3, 6, and 7, that neither of said Farccls 5, 6, or 7,
be sold, transferred, encumhered or otherwise alienated separate and
a}�art frorn the other. It is intended hereby that the ownership of
Parcels 5, 6, and 7, shall be €onsiderecl to I�e the o�vnership of a single
integral tract and that tMe s�id hoandary lines hetween said prorerties
shall be deemed to Ue noncxistcnt.
2. That neithcr of �aid Pareels S, fi, and 7, may he �ahclivided.
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' 3. That thc restriZ''fions set forih t� this Cc,ven�nt :�ncf 17cc1
Y nratinn �hnl)
cc�ntinue* and bc in full force and Crr���, until such time that
Subdivision Regulations wiii a11ow divisipn of the prapetty ar until }
divisiqn is appraved by CiEy Council.
WIIER�AS, Ute said Parcels 8 Anc1 9, are ac#jaccnt tc� carh nlher anci have a 1
common boundary line.
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NnW, TI�EREFdRE� the �artiet clo hereby covcnant and declare thAt �aid �
I'arceis $ and 9 bc, and the same hereby are, sut�jecl to the foll�wing �
restrictions, to wit:
1. That upon the recording of the rnctes and (�nune�s parcel divisions which
will creale Parcets 8 and 9, that neither of said Parcels 8 or 9, be
sold, transferred, encumbered c�r otherwise alienated serarate and apart �
t'rom the other. it is intended herehy that the ownershin o[ Parcels 8
and 9, shatl be considered to be the a�vnership o( a single iniegr�t
tract and that the said Uoundary lines brtwcen s�icl pr�perties shal) bc
deemed to be nonexistent.
2. That neither of said Parcels 8 and 9, may [je suhdividecl.
3. That the restrictions set Forth by th'rs Covenant and Dec(aration shall
conrinue, and be in fufi force and effeci, unlil such time that
SubdivisiQn Regulations will allow division of the rroperty or until
division is a�proved by City CounciL
Melvin G. AsNeCord .
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By � � �
Melvin Ci. Astle(ord
City of Rosemount
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Ay '
R�Ilan 1-1oke, Mayor
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By �
Ste�han Jilk, AdministratoriClerk
This instrument drafted l�y City nl' Rnsemnunt, Minnesota.
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STATE OF MINN�TA � .
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(:OUNTY OF DAK�TA )
(�n this �„��day of February, 1489 be(ore me arpeareci MeFvin G. Asilef�rcl, to
nne personally known, who, bcing duly swarn, dicl say that s�id instrument was �
executed in their behai[ and have acknowiedged said instrument to be a [ree acE
and deed of said p�>�:�,�s. .
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I ,��!x:�, BEl'FY F I.EQNNART
4. ��-•l;+A�7d!�Y PUBUG--MINNESOTA
° DAKOTA C�UNTY
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STATE OF MINNESOTA )
) Ss ,
GQUNTY OF DAKpTA ) ,
On this �,^, day of Fehruary, 1989, bef�re me anpeared R�ilan i�oke ancl
Stephan Jilk, to me �eraons!#y known, who, Meing hy me duly sworn, did say that �
they are respcctively the Mayor and Adtninistr�tor/Cterk of the Gity of `
Rosemaunt, a mvnicipal corpor�tion, and that said instrument was executed in t
hehalf of said City by authority ot its City Councii; and the said Mayor and City
Clcrk acknowtedged said instrument to be lhe free act and deed of said City.
Notary Public ,
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