HomeMy WebLinkAbout6.b. McCoy / Leidner Lot Division / Combination . 'f
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TO. CITY COUNC:IL I7'�,/)'I � "`�
.
FRQ114: MICHAEL WOZNIAK, CITY PLANNER
DATE,: DECEMBER 2, 1988
SU$J: �ECEMBER 6, 198�i - REGULAR MEETiNG REVIEWS
McCoy/Leidner Lot nivision/Combination
Thc City has reeicved � requcst fc�r � sim�le lot division of property in the
Oakwrc,c�d Esiatcs Additivn. Included with Ehis review is a co{�y c�f a tetter fron�
the ap�licant's attorney describing the particulars of the lot division. Also
included is a copy of the Oakwood Estates plat which illustrates the tots in
quesfi�n: Lots 12, 13, 14 of Block 3. Currently ths McGoys own lat 14 and the
Leidner's own lat 12; and, lot 13 is owned by Donald and Georgene Christensan.
Lot's 12 and 14 are deueloped with i�omes, while lot 13 is undevelopsd. It is the
intent o#� the MeCoys and Leidners to spilt lot 13 with each party permantly
combining half af the lat to their existing 1ot. Donald Christens�n has espressed
his interest in spliting the lot and selling the respectivc portians to the Mc('.c�ys
and L;eictners, Altached to this review is a copy of a resc�luti�n whieh would
indicale new property descriptions for the divided LoE 13. The resolution also
states that the divison shall be suhject [o executed Lot Combination Agreemenfs
�vhich cause ihe portions of Lot 13 to be �ermanently camhined to the abutting
lats. included with this review are copies of the T.c�t C'omhination Agreemcnts
which the property owners and City must execute �rior to recording oI fhe
property division.
Ii is the recommendation of the Planning Comrnission that the City Councit
apprave this Simple I,ot Division of praperty in Qakwood Estates. Aetion
required by City Counci} is approval of the Simpte Lot Division and authorization
for the Mayor and City Administrator to execute the Lot Combination
Agreements.
i ` . � �
I CITY �F ROSEMOUNT
i
� Resolution i 988-
A Resolution for A Simple Lot Divi�sbn
WIiEREAS, the Planning Commission of the City of Rosem�unt has reviewed
i and recommended approval of a simple lat division in Lot 13, Block 3, �Jakwood
Estates, described below. '
i NUW THEREFORE BE IT RESOLVED, the City Council of the City of
I Rosemount hereby appraves the division of Lot 13, Block 3, Oakwood Estates,
{ resulting in the following descrihed parcels:
That �art of Lot 13, Block 3, nAKW0013 ESTATES,
according to the recorded plat thereof, Dakota County,
Minnesota lying north �f the following described line:
� Commencing at the southwest corner of said Lot 13; thence
north along the west line af said Lot 13 a distance of 49.60
feet to the point of beginning of line to be described;
thenee east paraliei with the south line of said Lot 13 a
distance of 189.6(? Ieet, rnore or less to the casf line �t' said
Lot 13 and there terminating.
That part of Lot 13, Block 3, OAKWnOD ESTATES,
�_ according to the reeorded plat thereof, Dakata Connty,
Minnesota lying south of the foflowing described line:
Commencing at the southwest corner of said Lot 13; thence
north alc�ng the west. linc c�f s�ic� Lot 13 � clisiancc c�f 4�.6�
feet to the point o[ beginning of line tc� be descrived;
thence east parallel with the south tine of said Lot 13 a
distance of 189.60 feet, mare or Iess to the east line of said
� Lot 13 and there terminating.
i
� Nt)W TNEREFOItE BE IT RFSOLVEA, that approval of tl�i� simple Ic+t division
i is subject tc� executed Lot Connbinati�n Agreen�ents wtficli wil( cause the above
reference parcels to be permanently combined with the respective abutting i�ls
iwilhin Block 3 of Oakwood Estates.
Adopted this 6th day af December, 1988.
Rollan Hoke, Mayor
ATTEST:
Stephan Jilk, Administrator/Clerk
. s �
TtI1S INDENTURE made this day of Deecmber, 1988 by and among:
James R. McCoy and Catherine McCoy, husl�and and wife, hereinafter
referred t� as "The McCoys,"
and
City of Rosemonnt, a Minnesota municipal corporation in the County
of Dakota and State of Minnesota, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, the McCoys are owners of the following described premises, to wit:
Property D: Lot 14, Block 3, Oakwood Estates;
WHEREAS, Donald Christenson and Georgene Christenson, husband and wife,
hereinafter referred to as "The Christensons," are the owners af Lot 13, Btock 3,
Qakwood Estates; and
WHEREAS, the City of Rosemount has approved a simple lot division of Lot i3,
Biock 3, Qakwood Estates, which has caused the creation of fhe fotlowing
described parcels:
Property B:
That part af Lot 13, Block 3, OAKWOOD ESTATES, aceording to the
recorded plat thereQf, Dakota County, Minnesota iying north of the
following described line: Commencing at the southwest corner af said
Lot 13,; thence north along the west line of saic� Lot 13 a distance of
189.60 feet, more or iess to the east line of said Lot 13 and there
terminating.
Property C;
That part of Lot 13, Block 3, OAKWOOD ESTATES, according to the
reeorded plat thereof, Qakota County, Minnesota lying sonth of the
fallawiag described line: Commencing at the southwest co�ner of said
Lot 13; thence north along the west iine af said Lot 13 a distanee af
49.60 feet to ti�e point of beginning of line to be described; thence
east parallel with the south line 4f said Lot 13 a distan�e of 189.b0
feet, more or less to the east line of said Lot 13 and there
terminating.
WHEREAS, the said Prc�perties D and C are adjacent to each other and have a
common boundary line.
� �
NOW, THEREFORE, the parties do hereby covenant and declare that saic�
Pro�erties D and C be, and the same hereby are, sut�ject to the ('ollc�wing
restrictions, to wit:
i. That upon th� recording of the division of L�t 13 which will create
Property C, that neither of said Properties D and C be sotd,
transferred, encumbered or otherwise alienated separate and apart [rom
the other. It is intended hereby that the ownership of Pr�perties D -
and C shall be considered to be the ownership of a single integral tract
and Ehat the said boundary lines between said �roperties shall be
deemed to be nonexistent.
2. That neither of said Properties D and C may be subdivided.
3. That the restrictions set forth by this Covenant and Declaration shal)
continue, and be in fuli force and effect, until such time that
Subdivision Regulations will aliow division of the property or untit
division is approved by City Council.
The McCoys
By
James R. McCoy
By
Catherine McCoy
The Christensons
By
Donald Christenson
By
Georgene Christenson
City of Rosemount -
By
Rollan Hoke, Mayor
sy
Stephan Jilk, Administrator/C1erk
This instrument drafted hy City of Rosemount, Minnesota.
. s •
STATE OF MINNESOTA )
. � SS
COUNTY OF DAKOTA )
On this day of Decernber, 1988 before me ap�eared James R, McCoy and
Catherine McCoy, to me personally known, who, being duly swarn, �lid say that
said instrumemt was executed in their behalC and have acknowledged said
instrument to be a free act and deed of said property owners.
Notary Public
S'TATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
Qn this day of December, 1988 before me a}�peared Dona}d Christenson and
Georgene Christenson, to me personally known, who, being duly sworn, did say
that said instrument was executed in their behalf and have acknowled�ed said
instrurnent to be a free act and deed of said property owners.
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA }
nn this day of December, 1988, before me a�peared Roltan Hoke and
Stephan Jilk, to me personally known, who, being by me duly sworn, did say thak
they are respectively the Mayor and Administrator/Clerk of the Gity of
Rosemaunt, a municipal corporatian, and that said instrument was execuEed in
behalf of said City by authority of its City Council; and the said Mayor and C�ty
Clerk acknowledged said instrument to be the [ree act and deed of said City.
Notary Public
. . ! !
THIS iNDLNTURE made this day af December, 1988 by and amang:
Dale C. L�idner and Ellen E. Leidner, husband and wife, hereinafter
referred to as "The Leidners,"
and
City of Rosemount, a Minnesota municipal corporation in the Coenty
of Dakota and State of Minnesota, hereinafter referred to as "City°; -
WITNESSETH:
WHEREAS, the Leidners are owners of the fc�ilc�wing descri(�eci }�remises, tc� wii:
Property A: Lot 12, Block 3, (?akwc�od Estates,
WHEREAS, Donald Christenson and Georgene Christenson, husband anct wife,
hereinafter referred to as "The Christensons," are the owners of Lot ]3, Blt�ck 3,
t)akwood Estates; and
WHEREAS, the City of Rasemount has approved a simple lot division of Lot 13,
Block 3, Oakwood Estates, which has caused the creation o€ the follawing
described parcels:
Property B:
That part of Lot 13, Block 3, �)AKWOOD ESTATES, according to the
recorded plat thereof, Dakota County, Minnesota Iying n4rth of the
following described line: Commencing at the sauthwest corner of said
Lot 13,; thence narth along the west line of said Lot 13 a disiance of
189.60 feet, more or less to the east line of said Lot 13 and there
terminating.
Property C:
That part of Lot 13, Block 3, OAKWOOD ESTATES, according to the
recorded plat thereo#, Dakota County, Minnesota lying soufih of the
following described line: CnmmenGing at the southwest corner af said
Lot 13; thence north along the west line o[ said Lot 13 a distanee of
49.60 feet to the point of beginning of line to be d+escribed; thence
east parallel with the south line of said Lot 13 a distance of i$9.60
feet, more or tess to the east line of said Lat 13 and there
terminating.
WHEREAS, the said Properties A and B are adjacent to each other and have a
common boundary line.
� • � �
N()W, TIIEREFORE, fhc parties do hcrcliy cc�vcna�rl and deelarc thflt ss�icl
Properties A and B be, and the same hereby are, subject io the #ollowing
restrictions, to wit:
i. That upon the recording of the division �f Lot 13 which will create
Property B, that neither of said Properties A and B be sold,
transferred, encumbered or otherwise alienated separate and apart from
Ehe other. It is intended hereby that the ownership of Propertie.s A
and B shail be considered to be the ownershi� of a single integra) traet
and that the said boundary lines between said praperties shall be
deemed to be nonexistent.
2. That neither of said Properties A and B may be subdivided.
3. That the resUictions set forth by this Covenant and Deciaration shall
continue, and be in full farce and effect, until such time that
Subdivision Regutations will allow division of the property or vntil
division is approved by City Council.
The Leidners
By
Dale C. Leidner
By
Ellen E. Leidner
The Christensons
By
Donald Christenson
By
Georgene Christenson
City of Rosemount
By
Rollan Hoke, Mayor
BY
Stephan Jitk, AdministratorlClerk
This instrument drafted by City of Rosemount, Minnesot.a.
. • �
• STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
On this day of December, 1988 before me a��eared Dale C. [.eidner and
Ellen E. Leidner, to me persanally known, who, being duly sworn, did say that
said instrument was executed in their behalf and have acknowledged said
instrnment ta be a free act and deed of said property owners.
Notary Public
STATE QF MINNESQTA j
) SS
C`OUNTY OF DAI{OTA )
C?n this day of December, i988 before nne appeared Donald Christenson and
Georgene Christenson, to me personally known, who, being duly swarn, did say
that said instrument was executed in their behalf and have acknowledged said
instrument to be a free act and deed of said property owners.
Notary Public
STATE O'F MINNESOTA )
) s$
COUNTY �� DAKOTA )
t)n this day of December, 19$$, before me appeared Rollan �-ioke and
Stephan Jilk, to me personally known, who, being by me duty sworn, did say that
they are respeetively the Mayor and Administrator/Cterk of the City of
Rosemount, a municipal corporation, and that said instrpment was executed in
behatf of said Ciky by �uthority of its City Council; and fhe said Mayor and C:ity
C'lerk acknowledged said instrurnent to be the free act and deed of said City.
Notary Public
i' I / � 1M'I�N�/ �. ..
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MeMENOMY +�L SEVE1tSON
A PRQFE$9tONAL ASSO(71ATION
A'ITORNEYS AT LAW
EDWARII B.McMENOMY MtGHA�EL G.DOUGH�;RTY
LARRY S.SFVERSON" D R�PLY TQ: REiD J.NANSEN
JAME.S F.SHELF�ON 73uo WF,Sf 14'7TH BTREF.T
MICHAF.L V.$OVIS ` P.o.9oX 24a2s MICHAEL E.MOi.ENDA"+
J.PATRICK INII.f;OX* APPr.E VnLL�Y,MtNr�Es3aen s�,laa PAUL d.5'CIER
'1'et,�FAX NUINHER a.�37Ao PATRICf{W.3TEWART
TERENCF,P.[)URK[N (6}a)4�3ia8 KEYIN F.CARROI.L
BERNIE M.UU3TCH O It�PLY TO: KENNETH R.HALL
'ALSO LICF,NSED IN IOWA �44fi0 SOUTH RUBERT TRAIL OF COtJN3F,t,:
'*AL30 UCF.N3Ell iN WISGONSIN ' F.Q.HOR E LFdNARU F.BIF.RNAT
R08EMOUNT,MINNESOTA 56068 JOHN E.VUKF,LI�H
(612)42311Fi5
JUl�J I�J� ` a.988
= P�tr. h�ilce Vdozni�k _;:.- ..__,
, - ._. -
City of Rosemount
2875 145th Street West • r
Rosemount, Minnesota 55068
RE: Lat 13, Block 3� Oakwood Estates Lot Spli�
Dear Mr. Wozniak:
In accordance with our telephone eonversation and on behalf
of James and Catherine McCoy and Dale and Ell.en Le�,dner,
I respectfully request that Lot 13, B1ock 3, Oakwaod Estates
be split in accordance with the followi.ng legal descriptions:
Parcel. A
The North 50 feet of �,ot 13, Block 3, Oakwood Estates
Parcel B
Lot 13, except the Narth 50 feet thereof, B1ock
3� Oakwood Estates
It is the intention o£ Dale and Ellen L�idner, who own Lot
12, Block 3, Oakwood Estates, to become the owners of Parcel
A, and the intention of �Jam��, and €;ather3.ne McCc�y, thP owner�s ;
of Lot 14, Block 3, O�kw4od EStates, to becom� the owr�ers
of Parcel B.
Please process this request in yaur usual manner, pre�enting
it to the Re�semount Ci�y Planning GommiSsian as soon as possible.
If you need any further information please dv no� hesitate
to contact the under5igned. Thank you for yQur eooperation
herein.
Very truiy yours,
MCMENQM EVERSON
�,,�.�.._....-
Reid J. H nsen
"� RJH: ja
Surve.y Attention:
� Mr. Jim McCay . � �
' 12520 Blanca Ave. West
. Rosemount, MN 55068 128/16 •
. `
DEL!!�lIAR H. SCHWANZ �
LANO SURYEVORS.)NC. O
� Neqltta�d UnAsr LNw ol Yfi�SUN ot MMns�ou �
J
tA�50 SOUTH ROBERT TRAi�. . ROSEMOUNT,MINNESOTA 55068 812l423-4T89 �
SURVEYQR'S CERtiF1�ATE � '
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NORTH TRAC"T: 3
That part of Lot 13, Block 3, 0�1KWOOD EST�ITES, accorc�ir�g to the �' '
recorded plat thereof, Dakata Coun�y, Minnesota lyi.rry north of. the ''•
following described line: Commencir.g at the st�uth��est carner af said "�
L�t 13r thenee north along ttte west line af said Lat 13 a rtistance of M �
� 49.60 feet to the point o£ beginning of line to be described; thence 1
east parallel with the south line of said Lnt 13 a distance o£ 189.60 �
feet, more or less td the east line of said Lot 13 and there terminating.
Sf7HITH TRACT:
That part of Lot 13, Block 3, QAKWCK?D ESTATES, aecordinq to tt�e
recorded plat thereof, Dakota county, Minnesota lying south of the
following described line: Commencing at the sauthwest corner of said '
Lot 13; thence narth along the west line of said Lot 13 a distance of
,\`����„��raurnur�,. 49,60 feet to the point of beginning of lihe to be deseribedi thence
��.>>`�����N• �`�`�� F"�'"•> east para2lel with the south 2ine of said Lot 13 a distance of 189.60
� �S
� `• •. ;feet, more or less to the east line of said Lot 13 and there terminating.
='kr� �4i�herobg C4rNty th6t Ihis aurvey,plan,or report wea �
� � Sajpe�td�by m8 or.under my diroct aupervialon and /�
�et f em a duty Regiatared lend Surveyae under / �
' rt1�,18W►oi the St#ta ol Mi�r�esota. ! ,t"�1.-.Li `�, :l���,�.
%{�� � CY /! � � �
�'�9�"'��'' '��•,32.0-03-88 De4mar H. Schwen: ...y
, ��ii ���' Minnesote Repistratian No.8823 � �/' )
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