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HomeMy WebLinkAboutResolution 2000-042City of Lake Elmo Washington County, Minnesota Resolution No. 2000- 042 A Resolution Granting a Minor Subdivision to Richard Hesse WHEREAS, Richard Hesse has made application to the City of Lake Elmo for a minor subdivision pursuant to Section 400.07 of the Lake Elmo Municipal Code of the following described parcel of land; to wit: That part of the East 1/z of the Southeast 1/4 tract, being West 660 feet, except the North 825 feet thereof Section 2, Township 29, Range 21. .Flea That part of the Northeast 1/4 of the Northeast 1/4 being North 290.4 feet of the East 750 feet of the West 850, Section 11, Township 29, Range 21, WHEREr" S, the Lake Elmo Planning Commission considered this minor subdivision request at its August 28, 2000 meeting, and recommended that the minor subdivision be granted. NOW, THEREFORE, RE IT RESOLVED, that a minor subdivision is hereby granted by the City Council to Richard Hesse, resulting in the following: P CEL 66A„ e That part of the West 660.00 feet of the East Half of the Southeast Quarter of Section 2, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota lying southerly of the North 825.55 feet thereof. Except the south 605.00 feet of the East 360.00 feet of said West 660.00 feet of the East half of the Southeast Quarter. This parcel contams22.42 acres, more or less. Subject to the right -of -way of 50`'' Street North. PARCEL "R The East 360.00 feet of the West 660.00 feet of the South 605.00 feet of the East Half of the Southeast Quarter of Section 2, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota, and the North 290.40 feet of the East 750.00 feet of the West 850.00 feet of the Northeast Quarter of the Northeast Quarter of Section 11, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota. This parcel contains 10.00 acres, more or less. Subject to the right -of way of 50" Street. BE IT .FURTHER RESOLVED, that this minor subdivision is granted subject to the following condition: A legal instrument, satisfactory to the City Attorney, be recorded upon title of each 5 acre tax parcel, that will be a combined 10 acre parcel for zoning purposes, that clearly reveals this circumstance, and prohibits sale of either 5 acre tax parcel without City approval. ADOPTED by the Lake Elmo City Council this 5' day of September, 2000. Lee Hunt, MAYOR ATTEST: Mary Xueffnk City A rator IMMIN't LAWSON, MARSHALL, McDONALD & GALOWITZ, P.A. 3880 Laverne Avenue North Lake Elmo, MN 55042 Telephone: (651) 777-6960 ism Certifted filed and/or recorded on: 2000112128 1:45:00 PM 3136534 Cindy Koosmenn County Recorder By 1�-S6 DECLARATION OF RESTRICTION ON LAND Richard D. Hesse and Rosalie M. Hesse (hereinafter referred to as "Owners'), being the fee owners of the premises described as: do here declare and impose the following protective restrictions upon said premises, which are for the benefit of the City of Lake Elmo. In consideration of the City of Lake Elmo's approval of the subdivision of the combined property described as Parcels B -I and B-2 above from other property owned by Owners in the City of Lake Elmo, Owners hereby impose a restriction on the above described property as follows: Parcel B- I shall not be sold, transferred or conveyed by Owners, their heirs, assigns or successors in title except together with a simultaneous sale, transfer or conveyance of Parcel B-2 to the same buyer or transferee except with the approval of the City of Lake Elmo. Parcel B-2 shall not be sold, transferred or conveyed by Owners, their heirs, assigns or successors in title except together with a simultaneous sale, transfer or conveyance of Parcel B- I to the same buyer or transferee except with the approval of the City of Lake Elmo. Owners shall cause this Restriction to be recorded with the office of the Washington County Recorder prior to any sale, transfer or conveyance of Parcel B -1 or Parcel B -2. The restriction shall run with the land and be binding on owners and any successors in title. IN TESTIMONY WHEREOF, Richard D. Hesse and Rosalie M. Hesse have caused these protective restrictions to be executed this 21 st day of December, 2000. Richard D. Hesse �r • . FO UT moo , STATE OF MIM`dESOTA COUNTY OF WASHINGTON On this `Z " day of December, 2000, before me a Notary Public within and for said county personally appeared Richard D. Hesse and Rosalie M. Hesse, husband and wife, to me known to be the person described in and who executed the foregoing instrument, and they acknowledged that they executed the same as their free act and deed.