HomeMy WebLinkAboutResolution 2000-006CITY OF LAKE ELMO
Washington County, Minnesota
Resolution No. 2000 -06
A RESOLUTION VACATING EXISTING PLATTED
DRAINAGE AND UTILITY EASEMENTS
III TAMARACK FARM ESTATES
WHEREAS, at the February 1, 2000 meeting of the Lake Elmo City Council,
Washington County, Minnesota, the Council granted a Minor Subdivision of Lot 1, Block
5 and Outlot C, Tamarack Farms Estates requested by Dennis Hogan, 5038 Linden Trail,
Lake Elmo, MN; and
WHEREAS, the Minor Subdivision was granted subject to the condition of
vacation of the existing drainage and utility easements along the east 155 feet of the south
line of Lot 1, Block 5 and Outlot C, consistent with the lot configuration proposed; and
WHEREAS, at a Public Hearing on. February 1, 2000 the City Council
considered the interest of the public in the vacation of the drainage and utility easements;
and
NOW, THEREFORE, BE IT RESOLVED the vacation of drainage and utility
easements along the east 155 feet of the south line of Lot 1. Block 5 and Outlot C,
Tamarack Farm Estates, consistent with the lot configuration proposed, is conditional
upon the satisfaction of the Minor Subdivision conditions in Resolution No. 2000 -05.
BE IT FURTHER RESOLVED, that the Clerk shall prepare a Notice of
Completion of these proceedings, which shall contain the name of the City, and the
identification of the vacation, a statement of the time of completion thereof, and a
description of the land affected thereby. Such Notice shall be presented to the
Washington County Auditor who shall enter the same in his transfer records and note
upon the instrument over his official signature the words "entered in the transfer records."
The Notice shall then be filed with the County Recorder, all as required by Minnesota
Statutes.
ADOP'T'ED by the Lake Elmo City Council this lst day of February, 2000.
fee Hunt; 11 o--
ATTEST:
-.
Mary `I ieff r, City A nistrator
Cindy Kommon
County Recorder
i
AMENDMENT TO CONSERVATION EASEMENT sY
THIS AMENDMENT is entered into this 7 day of March, 2000 by and between
Jon Wesley Investments Inc., a Minnesota corporation, whose address is 2020 Washington
Avenue, Stillwater, MN 55082 ( "Owner "), and the Minnesota Land Trust, a Minnesota nonprofit
corporation having its principal offices in St. Paul, Minnesota ( "Trust ")
WITNESSETH:
A. Owner is the fee owner of land described as Outlots A, ( outlot deeded to Association by
document No. 969014) and Outlot C, Tamarack Farm Estates, which land is located in
Washington County, Minnesota ( "Protected Land ") and Tamarack Farm Homeowners
Association is the fee owner of land described as Outlot A, Tamarack Farm Estates, which land
is located in Washington Count, Minnesota ( "Protected Land "),
B. Owner and the Trust entered into a conservation easement affecting the Protected
Land, which easement was elated October 2, 1997, and filed with the Washington County
Recorder on October 21, 1997, as Document No. 950092 ("Conservation Easement ").
C. Owner has requested two modifications to the Easement to exchange land. The Trust
has considered Owner's request according to the terms of its Policy on Amending Conservation
Easements dated August 19, 1992, and finds that the requested modifications set forth in this
Amendment (i) are not inconsistent with the terms and intent expressed in the Conservation
Easement, and (ii) do not substantially impair or adversely affect the character or the nature and
scenic dualities of the Protected Land.
NOW, THEREFORE, in consideration of their mutual covenants, Owners and 'Trust agree
to amend the Conservation Easement as follows:
1. Exhibit A is hereby amended to change the legal description of Outlot C affected by
the Conservation Easement, to exclude a portion consisting of 2411 square feet and legally
described as:
That part of Outlot C, Tamarack Farm Estates, Washington County, Minnesota, described as
beginning at the Northeast corner of said Outlot C; thence on an assumed bearing of South 00
degrees 57 minutes 07 seconds East, along the East line of said Outlot C, a distance of 18.02
feet:
Tamarack Fauns Amendment
Page 2
thence North 57 degrees 17 minutes 28 seconds West a distance of 155.55 feet; thence North 20
degrees 50 minutes 22 seconds West a distance of 25.25 feet to the North line of said Outlot C;
thence South 57 degrees 17 minutes 28 seconds East, along the North line of said Outlot C, a
distance of 165.87 feet to the point of beginning;
and adding a parcel consisting of 4000 square feet, which is legally described as:
The West 33.68 feet of Lot 1, Block 5, Tamarack Farm Estates, Washington County, Minnesota.
2. Exhibit A is hereby amended to change the legal description of a portion of Outlot A,
to exclude a portion consisting of 22,913 square feet, which is legally described as:
That part of Outlot A, Tamarack Farm Estates, Washington County, Minnesota, described as
follows: Beginning at the northeast corner of Lot 8, Block 1, Tamarack Farm Estates; thence on
an assumed bearing of South 75 degrees 21 minutes 12 seconds East along the southerly line of
Lot 1; said Block 1 a distance of 75.61 feet to the southeast corner of said Lot 1; thence South 21
degrees 27 minutes 28 seconds East a distance of 56.60 feet; thence South 14 degrees 38 minutes
48 seconds West a distance of 210.31 feet; thence South 89 degrees 02 minutes 53 seconds West
a distance of 70.50 feet to the easterly line of said Lot 8; thence North 06 degrees 09 minutes 21
seconds East along the easterly line of said Lot 8 a distance of 278.05 feet to the northeast corner
of said Lot 8 and the point of beginning.
and adding a parcel consisting of 26,866 square feet, which is legally described as:
Outlot A, Tamarack Farm Estates 2 °d Addition, Washington County, Minnesota.
3. The Property Report recited in the Conservation Easement shall be amended to reflect
these changes.
4. Except as amended herein, the terms and conditions of the Conservation Easement
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment on the day above
written.
t •
JON WESLEY INVESTMENTS, INC.
B
y its
TRUST:
MINNESOTA LAND TRUST
By o
President
Tamarack Farms Amendment
Page 3
STATE OF MINNESOTA
COUNTY OF WASHINGTON
This instrum nt was acknowledged before me this day of��'��{cs , 2000,
by -<%; � _ �/�, the �%��`�S`iJ c �� bf Jon Wesley
Investmente a Minnesota _corp-Qr. ton. *Inc.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
C
Nota Publi
This instrument was acknowledged before me thisC2"�ay of ��6� L, 2000,
by Susan D. Wilson, President of Minnesota Land Trust Minnesota nonprofit corpAt n.
�`a� 2
o
THIS INSTRUMENT WAS DRAFTED BY:
MINNESOTA LAND TRUST
2356 University Avenue West, Suite 400 RENAY A LEONE
St. PauE, MN 55114 MYCOMMISSIONLEXPIRES1- 312005
(651) 647 -9590 a ta
The City of Lake Elmo, a Minnesota statutory city, hereby joins and consents to that
certain Amendment to Conservation Easement by and between Jon Wesley Investments,
Inc. and the Minnesota Land Trust dated
CITY OF LAKE ELMO
NO �
i . /�►
1 1
STATE OF MINNESOTA } JON W, WHITCOMB
1 NOTARY PUBLIC - MINNESOTA
! ss. My Commission Expires Jan. 31, 2005
County of Washington } .
On this day of March, 2000, before me, a notary public within and for said
county, personally appeared , to me known to be
the _C_'�� _/m,'�h,�� of the City of Lake Elmo and he executed the foregoing
instrument and acknowledged that he executed the same by authority of and on behalf of
the City of Lake Elmo.
kar ublic
This instrument was drafted by: Old Republic Title, 7550 Currell Boulevard, Suite 310,
Woodbury, MN 55125
Dennis P. Hogan and Constance C. Hogan, husband and wife, as fee owners of Lot 1,
Block 5, Tamarack Farm Estates (CIC No. 108), hereby join in and consent to that certain
Amendment to Conservation Easement by and between Jon Wesley Investments, Inc. and
the Minnesota Land Trust dated (;1.1 -1 z,' )t`)C)
Dennis P. Hogan
A _ c'
Constance C. Hogan
STATE OF MINNESOTA } 40� CoraRB
}SS. NOTAAYPU13UC A
�,�- F )Pkes Jm 31, M County of Washington HMV. *_
The foregoing instrument was acknowledged before me this day of March, 2000
by Dennis P. Hogan and Constance C. Hogan, husband and wife.
Not Public
r
This instrument was drafted by:
Old Republic Title
7650 Currell Boulevard, Suite 310
Woodbury, MN 55125
CONSENT TO 3 NDMENT TO CONSERVATION EASEMEYT
Tamarack Faim Homeowners Association, a Minnesota non-profit corporation, hereby
joins in and consents to that certain Amendment to Conservation Easement by and
between Jon Wesley Investments, Inc, and the Minnesota Land Trust dated
_Larch 7, 2000
TAMAI�ACK FARM HOMEOWNERS
ASSOCATION N
By- —Eric
Its: Trea
STATE OFT.VM%TNESOTA }
Iss,
County of Washington I
On tl* 7th day of March, 2000, before ine a notary public within and for said
colulty, personally appezred Eric Svedberg, to me Imo wn to be the Treasurer of the
Tamarack Farm Homeowners Association, a Minnesota non-profit WiToration, and he
executed the foregoing instrmnerit and acknowledged that he executed the same by
authority of and on behalf of the corporation.
JON W. WHITCOMB
NOTARY PUBLIC -MINNESOTA
My Commission Expires Jan. 31, 2005