3a. Subdivision Ordinance Amendment CITYOF
--
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
�r y' (612) 937 -1900 • FAX (612) 937 -5739
MEMOR
A Y i UM
TO: Don Ashworth, City Manager
1 FROM: Jo Ann Olsen, Senior Planner
DATE: January 5, 1993
1 SUBJ: Subdivision Ordinance Amendment
Recently, the Planning Commission and City Council have reviewed and approved subdivision
of properties by metes and bound descriptions rather than by platting. Technically, these
subdivisions did not meet the exemptions from platting as provided in the Subdivision Ordinance.
Staff has directed the City Attorney to draft a subdivision ordinance amendment which would
broaden the exemptions from platting. The reason for this is that there are cases when new
streets are not being created, only a few lots are being subdivided and the cost of platting can
be excessive.
The proposed amendment limits the subdivision to no more than four lots, requires the resulting
1 lots to conform to all zoning requirements and that new streets are not needed to access the lots.
If new streets are needed, then it is important to have the property platted so that right -of -way
can be dedicated. Subdivisions exempt from platting shall follow the same process as a
preliminary plat, except there is no final plat approval and a survey signed by a registered land
surveyor is submitted in place of a preliminary plat.
1 PLANNING COMMISSION ACTION
The Planning .Commission .=viewed this item on December 2, 1992, and unanimously
recommended approval.
RECOMMENDATION
Staff recommends the City Council approve the attached subdivision ordinance amendment.
ATTACHMENT
I 1.
2. Subdivision ordinance amendment.
Planning Commission minutes dated December 2, 1992.
melt PRINTED ON RECYCLED PAPER
1
1 Manager's Comments: I understand the objectives of the Planning Department in proposing this
amendment. I also recognize the cost differential between a registered land survey versus a plat.
I However, once a parcel is created and recorded in a metes and bounds format, it will be a
nemesis of every engineer, auditor, clerk for the next 30 -50 years. My house sits on Lot 5,
Block 2, Western Hills Third Addition. An inexperienced surveyor /engineer /clerk can find my
I lot, determine its size, and have reasonable assurance that any assessment search/easement
verification/tax notice /etc. was properly verified or placed against my property. If my property
was recorded in a metes and bounds format, the description would likely be over one page in
I length and any of the verifications previously referred to would become impossible and would
likely produce an incorrect answer (see attached examples).
I Recommendation: I would suggest that an additional criteria be placed into Section B, i.e.
(4) The city engineer shall review each proposed parcel description to verify that the
I beginning point is relatively easy to describe (4 -5 words) and that the proposed
new description is less than 25 words in length, i.e. the NWl /a of the SWl /a of
Section 3, would be considered as 6 words.
1 DWA
(1 -7 -93)
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. '
AN 'ORDINANCE AMENDING CHAPTER 18 OF
THE CHANHASSEN CITY CODE CONCERNING
SUBDIVISION OF PROPERTY
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 18 -37 of the Chanhassen City Code is
amended to read:
Sec. 18 - 37. Exemptions and Minor Subdivisions. 1
(a) The City Clerk shall certify that dividing a parcel to
add a part of that parcel to an parcel is exempt from the
requirements of this Chapter f both parcels, after the subdi-
vision, will meet the minimum requirements of the zoning ordinance
for a buildable lot.
(b) A subdivision is exempt from platting if each of the '
following criteria are met:
(1) The subdivision contains no more than four lots; 1
and
(2) The resulting parcels conform to all applicable
zoning requirements for buildable lots; and
(3) New streets are not needed to access the lots. '
(c) Subdivisions exempt from platting shall be processed in
the same manner as a preliminary plat in which the preliminary and
final plat review is combined, exempt that in lieu of a plat a
survey signed by a registered land surveyor shall be provided.
Section 2. This ordinance shall be effective immediately upon
its passage and publication.
PASSED AND ADOPTED this day of , 19 , by
the City Council of the City of Chanhassen.
ATTEST: '
Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 19 ).
946 r11/18/92 1
Planning Commission Meeting
December 2, 1992 - Page 20
1
Batzli`:- Okay, so that motion fails. We're going to vote on our second
amendment. Is there any discussion on that amendment? So that we see
the sign back in front of us at a later date? Okay, no discussion.
Ledvina moved, Farmakes seconded to amend the motion to include an 8th
' condition which would state that the Planning Commission shall review the
signage proposal for this proposal. All voted in favor and the motion
for the amendment carried.
Batzli: Is there any other discussion on our amended motion, conditional
use permit now in front of us?
1 Ledvina moved, Conrad seconded that the Planning Commission recommend
approval of Conditional Use Permit *92 -2 subject to the following
conditions:
1. Compliance with conditions of approval for Site Plan Review #92 -3 and
Subdivision #90 -17.
2. No outdoor repairs to be performed or gas sold at the site.
3. No parking or stakcing is allowed in fire lanes, drive aisles, access
drives or public rights -of -way.
4. No damaged or inoperable vehicles shall be stored overnight on the
1 Goodyear and Abra sites.
5. No outdoor storage shall be permitted at either site.
6. Noise level shall not exceed OSHA requirements or Minnesota Pollution
Control agency guidelines at the property line.
' 7. If illumination is used in signage on the south side of the two
buildings, that illumination would be limited to the operational
hours of the businesses.
8. The Planning Commission shall review the signage proposal for this
project.
All voted in favor and the motion carried unanimously.
' PUBLIC HEARING:
ZONING ORDINANCE AMENDMENT TO AMEND THE CITY CODE. SECTION 18 -37.
EXEMPTIONS CONCERNING SUBDIVISIONS.
1 Kate Aanenson presented the staff report on this item. Chairman Batzli
called the public hearing to order.
Erhart moved, Emmings seconded to close the public hearing. All voted in
favor and the motion carried. The public hearing was closed.
Batzli: Tim, do you have any comments? We're on the subdivision
ordinance.
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Planning Commission Meeting
December 2, 1992 - Page 21
Erhart: No, I don't have any comments?
Conrad: Me either. 1
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Ledvina: No comment.
Emmings: No.
Farmakes: No comments. 1
-Ahrens: There was a typo in here.
Aanenson: Yes, it's been corrected. 1
Ahrens: Okay.
Aanenson: Paragraph (c)?
Ahrens: Yes. 1
Aanenson: Yep, got it. Yes, it's been corrected.
Ledvina: Mr. Chairman, I did have a question for staff. In the
introduction here, I guess I was wondering, are we reducing the level of
review for these types of subdivisions then that come in front of us?
Aanenson: No. What we are, we're saving them actually the time and whe
it's pretty straight forward and there's no dedication required, we're
saving them time and expense. If it's straight forward, it's just a
matter of doing a legal description. That's really all we're doing.
It's the same level of review internally. Between engineering and
planning.
Ledvina: Okay. That's it.
Batzli: I have no comments. Is there a motion? '
Emmings: I'll move that the Planning Commission recommend approval of
the amendment to Chapter 18, Section 18 -37.
Batzli: Is there a second?
Conrad: Second. 1
Batzli: Is there any discussion?
Emmings moved, Conrad seconded that the Planning Commission recommend 1
approval of a Zoning Ordinance Amendment to amend the City Code, Section
18 -37, Exemptions concerning Subdivisions as presented. All voted in 1
favor and the motion carried unanimously.
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ASSICNM N POF CONTRACT FOR DEED F orm No. 58 —M w+nne.•u untrernMCen d).a, Co.. Minneapolis
lie Inoltoiaos. No-delinquent taxes and transfer entered;
I ' Certificate of Real Estate Value
(, )filed (()not required
to 49 ,
ai L . .
I County Auditor '
0 By ila, .
I 0 Deputy
In
` ZS •
I Date: June 30 199.2. (reserved for recording data)
FOR VALUABLE CONSIDERATION, 1w1Awnr1 M_ Anti MAry V vow h..chanr1
1 and wife.
IMari+el Ammo
Assignor (whether one or more), hereby sells, assigns and .transfers unto Amer can Norional Bonk
E t . , hether a o e mare) r g E e i8E il§py#iePurchas national hanirine aAsociation unriPr
As s � E
iSeSer•s ne Prrei,rsr.l interest in that certain
I Contract for Deed dated the ..._"t day of nrrnher ,198 .. made by .
Melee Ray Brenden and M ret Brenden, husband and wife
as Seller, and Edward M. Land Mary K.A. husband and wife
a as Purchaser, recorded and /or filed in the office(s) of the County Recorder and /or Registrar of Titles in
' and for the County of Carver , State of Minnesota,
t on the Sth day of October , 198 as.(Document No T40775
in Book of . .R,r�ai,j i•F.w•Iwn —I �w.r � , page—) and /or
(Document No in Volume ' page )
eVilic• *t.w Nwne-Nn,i.er.r .I THk..,
I for the sale and conveyance of real property in said County and State. described as follows:
See attach Exhibit A •
I CO Q. t
g. .:1-,:?:.‘-, 4 � 4 4S/ OQ�.. . ' sp ace is needed, continue on back)
„ . 1/ .'f`, - - -;.4 , y por in said Contract for Deed contained, which Assignee hereby
-
. = 3 .�_ k:�i. °,_�; _t
,.� -: ; .tt there remain- 1,n •aid under said Contract for Deed the sum of
i � %Merest thereo fro • _f 19_,
_ : sell, transfer and - es' � n said Co? n ct or e
1
l -- '•''iE.k : �,t' yet : p i s : • ; I A A.AtI / A .r1� �' a ? i
: ii /, �a
Mary K. (' yan
State of Minnesota
County of t00-4-4" / s‘
I The foregoing instrument was acknowledged before me this . _clay of , 19 Y
by Edward M. and Mary K. MO, husband and wife
NOTARIAI. RUMP OR RP.AIdOR OTNFR Timor: RANK)
I e l /(/ t
eLOt�TA P ONSAKINACKN01fLEDOMEN7
• TIUS INSTRUMENT WAS DRAFTED BY IMAMS AND ADDREBSI:
e C I ND1'I.KUTSCHER em rican Na nal Bank and Trust Company
AYPURfc_41Nte+v'r, 10� E . Fift �t
• .., 1 '� r St. Paul, MN 55101 - 9976 ,,
•wVwuwv:. : .
Te. ai w w.,..l /waits 1.4i Ym,�••....iaa•M
waent l 0•d•M rM Md Mir r •r A�ewk
I Edward M.
7480 Market Place Dr
Minneapolis, MN 55344
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• EXHIBIT A #
That part of of the South three - quarters S 3/4) of the East one -half
(E 1/2) of the Southwest Quarter (SW 1 /4) and the Northwest Quarter of
the Southwest Quarter (NW 1/4 of SW 1/4) of Section Three (3) Township
one hundred sixteen north (116 M) range twenty -three west (23 W) described
as follows: Commencing at the South Quarter Quarter 1/4) corner of said section
three (3) then west along the south line of said section three hundred
and twenty and six -tenth (320.6) feet to the center of the new Excelsior
Chaska road, as surveyed and staked out, to the point of beginning of
the land to be described. Thence continuing west one thousand (1000.00)
feet to the Southwest corner (SW cor.) of said east one -half (E 1/2)
of said Southwest Quarter to an iron monument, thence north along the
fence line one thousand three hundred and thirty -four (1,334) feet to
an iron monument at the fence corner thence westerly along the fence
line one thousand three hundred and thirty and five - tenths (1,330.5)
feet to the west line of said section three (3) to an iron monument,'
thence north along the fence line one thousand three hundred and fifteen
and five - tenths (1,315.5) feet to an iron monument, being the West Quarter
corner (W 1 /4) of said section three (3); thence east along the north
line of the Northwest Quarter of the Southwest Quarter (NW of SW 1/4)
of said section three (3), a distance of eight hundred and twenty -two
(822) feet to an iron monument which sits five hundred thirty and four
• tenths (530.4) feet west of the Northeast (NE) corner thereof, thence
south along fence six hundred fifty - seven (657) feet to an iron monument,
thence east along fence line five hundred thirty -one (531) feet to an
iron monument thence continuing east one thousand three hundred twenty -five
(1,325) feet t o a point on the Northsouth Quarter (NS 1/4) ine whi
s six hundred sixty -four (664) feet south of the center of l said se
three (3), thence continuing east nineteen (19) feet to a point in the
center line of the new Excelsior Chaska road more definitely defined
as station 78 of road survey, thence south along the center line of said
road one hundred twelve and nine tenths (112.9) feet to the beginning
curve, thence southwesterly along the center line of said road to the
pint Hal Quarter, the ecio Range
23, Carver County, Minnesota, as measured at right angles to and parallel
with the south line of said East One Half of the Southwest Quarter, lying
westerly of the center line of Carver County, Road No. 117. And EXCEPT
that part of the Northwest Quarter of the Southwest Quarter of Section
3, Township 116, Range 23, Carver County Minnesota lying westerly, southerly
and westerly of the following described line: Commencing at the northwest
corner of said Northwest Quarter of the Southwest Quarter; thence easterly ,
along the north line of said Northwest Quarter of the Southwest Quarter
to a point 530.40 feet west of the northeast corner of said Northwest
Quarter of the Southwest Quarter to the point of beginning of the line
to be described; thence southerly parallel with the east line of said
Northwest Quarter of the Southwest Quarter a distance of 657.00 feet;
thence easterly parallel with the north line of said Northwest Quarter
of the Southwest Quarter a distance of 270.4 feet; thence south parallel
with the east line of said Northwest Quarter of the Southwest Quarter
to the south line of said Northwest Quarter of the Southwest Quarter
and said line there terminating.
Torrens Property
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by E dward M. ano nutr ... amp:
NOTARIAI. STAMP OR YEAI.IOR OTHER MLR OR RANKS �V r
•
MO Tuns P TAKING ACKNOWLEDGMENT •
MEW L. KL/TSCHIR
PUBLIC —MINJ A } (�pe
rican i� St.
tional Bank and Trust Comp y
• € lU1 .
fr • 'SHINGTON cowl) bow Oct. S. 3 St. Paul. I 55101 -9976 • e . L t„T ti
Edward M.
7480 Market lace Dr
Min..ronnl4e po11 rr'fq,
•
11 AMENDMENT TO CONTRACT FOR DEED
THIS AGREEMENT, made and entered into this 2 ' day of
M 'ci 3 et 5
ci 1992, by and between October, 1 een DOROTHY !MINIM a single person,
I Pa rt of the First Part, hereinafter referred to as Seller, and
9 VERNE L. and SUSAN BROWN $ F husband and wife,
r ' cls - Parties of the Second Part, hereinafter referred to as Buyers.
WHEREAS, on or about October 26, 1981, George and
Dorothy Burshek, husband and wife, entered into a Contract for Deed
' for the sale of certain real property more specifically described
on Exhibit "A" attached hereto and by reference made a part hereof;
and
' WHEREAS, on October 26, 1981, George and Dorothy amOMMIR sold
to Peter R., a single person, the real property described on
Exhibit "A ", said contract for deed being recorded with the Carver
County Recorder in Book 174 of Deeds, Pages 384 -385; and
' WHEREAS, Peter R. his vendee's interest in the
• October 26, 1981 contract for deed to Buyers by an Assignment dated
' August 19, 1983, and recorded with the Carver County Recorder in
1 Book 175 of Deeds, Pages 83 -84; and
WHEREAS, George 111411111ftk has passed away since the original
1 contract for deed was entered into and Dorothy -501131121k is the
surviving joint tenant and spouse of George Burshek; and
' WHEREAS, Buyers are current in their contract for deed
payments; and
' No delinquent taxes a d transfer
Entered this lad da
of / of 19 Jay)
1 out udiior A� '
by ��h�'I L '1 t )
Deputy
r
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• EXHIBIT "A"
II
That part of the Northwest Quarter (NW?) of Section Thirty -Six (36)
Township One Hundred Sixteen (116) North, Range Twenty -Three (23) West,
It
Carver County, Minnesota, described as follows: Commencing at
a point where the West Line of said Northwest Quarter (NW4) intersects
the Northerly right of way line of the Minneapolis and St. Louis
II
Railway, and running thence Easterly along said Northerly right
of way line a distance of two hundred ninety -two (292) feet to
its intersection with the Easterly right of way line of State
Trunk Highway No. 101, being the actual point of beginning of
the premises herein described; thence running Northeasterly along .
said Easterly right of way line of said Trunk Highway No. 101
whose course is as follows: Deflecting to the left from the II Northerly right of way lire of the aforesaid railroad 70 44'
and running a dstance of 457.2 feet to a point, thence deflecting
to the right 23 22' and running a'distance of 123.0 feet to a II point, thence deflecting to the right 25 51' and running a distance
of 110.0 feet to a point, thence deflecting to the right 20 01'
and running a d istance of 218.6 feet to a point, thence deflecting .
to the left 46 00' and running a distance of 176.6 feet to a 1
point; thence deflecting to the left 05 29' and running a distance
of 118.7 feet, more or less, to a point where the southerly line
of Bluff Lane (a public road) intersects the Easterly Line of
9 f-said State Trunk Highway No. 101; thence North 83 21' East along
the said Southerly Line of said Bluff Lane a distance of 55.37
feet to a point; thence Southerly 841.3 feet, more or less, in II a straight line to a point on the Northerly right of way Line
of said Minneapolis and St. Louis Railway distant 623.5 feet from
the actual point of beginning when measured along said railroad
right of way Line; thence Southwesterly along said railroad right
II
. of way line to the point of beginning; containing 8.32 acres of
land more or less.
1
Sf._71 f liell z, , /0/ ctiLid s i
.J.4 AL I .rv,G ,1'o Sv ,^ /O O * Ya.zeS
OFFICE OF COUNTY RECORDER
,74.t , S •■• , AA CC STATE OF MINNESOTA
f' �� /4.) / C.,... Qv COUNTY OF CARVER
ci i S. (- •-t clG C....,.... s��t_, � ` : C.n./ly Fili F e e '
This is to certify that this document
o c--...t- . { is was filed In this office on the day
�" .-> `�`�C`'_ /•o K , of 19__A.D.at o'clock
I
M. and was duly recorded as
1i C . ft. i•Ul • •'� / ./: .. s ei ,-- -. ��, d /, document no..
61 -s e=• ->� ‘ No ',4 , • .4, 42�-t CARL W. HANSON JR. III
County R.eord.r
S A.,71-;. c ..: // /v„ r /' r, /0 / ta,d °y ` .
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• . �� y�. �;�.� el &v y � CJ' .J p...(4.11, '�� O l e t r.e " m / Kcl It o4 i
L lam/` ,c E' t i 44....." .� /
/a c.r,F. :/ /c / , ._.. -- -
PARCEL NUMBER . S - OD S
NAME MAINTENANCE DATE I o f If 9'z/ _
TAX ID #
■ ADD ■ CHANGE OF
I NAME r
Q
ADDRESS
ZIP
C) REQUESTED BY:
OWNER ASSESSOR AUD ITOR
PARCEL MAINTENANCE
le ________
cc ADD DELETE CHANGE OF:
DISTRIC
T CODE - ��- �
PRIMARY - •
,ALTERNATE SECT
` PLAT IMMO
0 !OTHER 0 1111M111 LOT COMBIN
RELATIONSHIP RANGE OZ
3 BLOCK
TAX INC SPECIALS DITCH BENEFIT
I LEGAL DESCRIPTION
MIN" i
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wniimomm inlilla
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1F LED
SEP 15 1992 II
STATE OF MINNESOTA NO. T- 32 tARVER COUNTY COURTS DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
In The Matter of the Application ORDER AND DECREE OF 1
REGISTRATION
O
V OF EDWARD MARVIN knO@MOR '
To Register t he Title to Certain Land
Do II The above entitled matter came on for hearing before the
t� Court at the Carver County Courthouse in Chaska, Min esota on the
els 10th day of October, 1989 and the Court, having duly considers
the Application, the Revised Report of the Examiner, the evidence 1
adduced the the Applicant and being fully advised in the
premises, finds: II
1. Prior to hearing the estimated market value of the
I
premises hereinafter described, exclusive of improvements,
according to the last official assessment thereof was ¢20•,500.00.
II
2. That all the requirements of the law in respect to the
Application
have been complied with and that all of the 1
defendants in this proceeding have been duly served with process
II
as required by law or have consented to the registration herein
and it further appears that no Answer or Notice of Appearance has
I
been filed in this proceeding except the Answer of GARY T. AO
and DIANE E.446i, husband and wife, which Answer was withdrawn 1
at a hearing before this Court on Friday, 9 1989 so this I
Application might proceed by default. —
3. That the main body of the . subject premises as II
hereinafter described is now occupied _by EDWARD MAR I N ) CARVER
. certified to be a true and correct copy Of Um I
ongmat on IQs and o1 record in MV ea
GREGORY M ESS
Court Administrator ,, S
/ : : .. :I . ,...,, C . /�o 1 2 ' tC . c-'
1
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II 2. That EDWARD MARVIN pt'; whose post- office address
is 3821 Red Cedar Road, in the City of Chanhassen, County of
1 .
Carver, State of Minnesota, . - -- - _ _
_ - .
• , - -- is
the owner of an estate in fee simple described as follows:
II That part of Government Lots 1 and 3, Section 8, Township
116 North, Range 23 West of the 5th Principal Merdian
described as follows:
II Commencing at the Northwest corner of said Government Lot 1;
thence on an assumed bearing of North 89 degrees 20 minutes
I. 56 seconds East, along the North line of said Government Lot
1, a distance of 670.00 feet; thence South 5 degrees 34
minutes 56 seconds West a distance of 516.30 feet; thence
. South 12 degrees 55 minutes 56 seconds West a distance of
II 197.80 feet; thence South 67 degrees 23 minutes 04 seconds
East a distance of 619.00 feet; thence South 31 degrees 57
minutes 56 seconds West a distance of 210.00 feet, to a
1 point hereinafter referred to as point "A "; thence North 31
degrees 57 minutes 56 seconds East a distance of 210.00
feet; thence South 67 degrees 23 minutes 04 seconds East a
distance of 3.21 feet; thence South 28 degrees 09 minutes 56
seconds West a distance of 225.75 feet, to the point of
beginning of the land t� be described; thence South 78
degrees 14 minutes 04 seconds East a distance of 91.28 feet;
II thence South 31 degrees 25 minutes 56 seconds West a
distance of 212.36 feet; thence North 78 degrees 14 minutes
04 seconds West a distance of 160.15 feet; thence North 12
I degrees 43 minutes 46- seconds East a. distance of 190.68
feet, to the intersection with a line bearing South 88
degrees 32 minutes 56 seconds West from the above referenced
point "A "; thence North 88 degrees 32.minutes 56 seconds
I East a distance of 40.76 feet, to the intersection with a
line bearing North 78 degrees 14 minutes 04 seconds West
from the point of beginning; thence South 78 degrees 14
I minutes 04 seconds East a distance of 97.45 feet to the
point of beginning.
II together with an appurtenant easement, filed as Document No.
109019 on October 10, 1989, described as follows:
A 15.00 foot, nonexclusive perpetual easement for roadway
1 purposes over and across part of Government Lot 1, Section
8, Township 116 North, Range 23 West of the,5th Principal
Meridian, all in the County of Carver, State of Minnesota,
II the centerline of said easement is described as follows:
Commencing at the Northwest corner of Government Lot 1,
Section 8, Township 116 North, Range 23, West; thence on an
II assumed bearing of North 89 degrees 20 minutes 56 secon s
1
II
East, along the North line of said Government Lot 1, a
II
distance of 670.00 feet; thence South 5 degrees 34 minutes
56 seconds West a distance of 516.30 feet; thence South 12
degrees 55 minutes 56 seconds West a distance of 197.80
feet; thence South 67 degrees 23 minutes 04 seconds East a
distance of 622.21 feet; thence South 28 degrees 09 minutes
56 seconds West a distance of 225.75 feet; thence South 78 II degrees 14 minutes 04 seconds East a distance of 91.28 feet;
thence South 31 degrees 25 minutes 56 seconds West a
distance of 120.00 feet; thence South 58 degrees 34 minutes
04 seconds East a distance of 7.50 feet, to the point of
II
beginning of the centerline to be described; thence North 31
degrees 25 minutes 56 seconds East a distance. of 122.68
feet; thence North 38 degrees 00 minutes 00 seconds East a —A'
distance of 210.00 feet and said centerline there
terminating.
3. That the said interest in land be brought under the
II
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provisions and operations of Chapter 508, Minnesota Statutes, and
all acts amendatory thereof, and that the title thereto be II
confirmed and registered as provided in and by said act; subject, 1
however:
ED
To any rights or encumbrances which may be specified in
II
Section 508.25, Chapter 508, Minnesota Statutes, and all acts
amendatory thereof and the rights or encumberances established by II
b
the Mortgage to The Bank of Excelsior, Document No. 99850, filed
II
- October 3, 1988; thCertifica OS of Merger, Document No. 106256,
filed June 21, 1989; and t Line of Credit and Mortgage ,
Modification Agreement with The Bank Excelsior, National
Association, Document No. 112134, filed February 12, 1990. II
4. That EDWARD MARVIN /!W is 59 years old, is under
no disability, not married and never has been divorced. II
r
II
' Dated th's / �� day of BY THE COURT:
1992.
/n g J li
r' �-Y Jd P ilipDTstKanjnqurt .
II
AFFIDAVIT OF PIIaLICATION ,
s Certificate and Foreclosure Record. �� Miner/Davis Co ., MinneepoH�
Under Power of Sale in Mortgage. (1969 Edition) Form No. 67 -M w,n„ewu Uniform t:nnversn,:ine 'Menke (FlerirLtygfL...
NOTICE OF SALE II. AFFIDAVIT OF PUBLICATION
II t
_ I.
NOTICE OF MORTGAGE Mate ofIinne�ota, l
FORECLOSURE SALE jss.
N OTICE IS HEREBY GIVEN that County o(....Carver ))
default has oeatrcd in the conditions of
O the foliowinB desc si'bed mortgage:
DATE OF MORTGAGE: May 1, Stan Rolfsrud being duly sworn, on oath says:
I Q 1985 Thathe now is, and during ail the times herein state has been the editor and publisher
newspaper known as Chaska He
v ORIGINAL PRINCIPAL AMOUNT o t he Herald , and
l� OF MORTGAGE: 5260,000.00 e
IS c• MORTGAGOR(S): James H. Doao-
has full knowledge of the (acts hereinafter stated.
V van and Norma J. Donovan, husband and (1) That said newspaper is printed in the English language in newspappeer format andin
I
wife column and sheet form equivalent in printed space to at least 120(kquare inches;
MORTGAGEE FBS Mortgage Cot-
potation (2) That said newspa er, ifa weekly, be distributed at least once each week for 50 weeks
each year, or ifa daily, at kast five days each week; but in any week in which a legal
DATE AND PLACE OFRECORD- holiday is included. not more Man four issues of a daily paper are necessary;
' ING: Filed for record in the Office of the (3) That said newspaper has 25 percent, if published more often than weekly, or SO
Count Recorder in and for Count of percent, if a weekly. of its news columns devoted to news of. local interest to the
Y y
' Ca community which it purports to serve, and it may contain general news, comment,
Carver and STATE OF MINNESOTA,
and miscellany, but not wholly duplicate an other publication, or be made up
on May 8, 1985, and recorded as Doa- entirely of patents, plate matter. and advertisements;
meet No. 70991, which mortgage was '4j That said newspaper is circulated in and near the municipality which it purports to
sub'equently assigned to: CitiMae, lac., serve, has at least 500 copies regularly delivered to paying subscribers, has an
dated May 14, 1985, filed July 16, 1985, averse of at least 75%o fits total circulation currently paid or no more than three
as document number 72211 ,which raort• months in arrears, and has entry as second•elass matter in its local postoff.ce;
(5) That said newspaper has its known office of issue in the County of
gage was subsequently d t Fir
y assigneo: First .Carver : , .. to which lies, in whole or in part, the
I Wisconsin Trust Company as Trustee, municipality whic t newspaper purports to serve:
i dated May 14, 1985, filed July 16,1985, (6) That said newspaper files a copy of each issue immediately with the State His-
,
as document number 72212. torical Society;
LEGAL DESCRIPTION OF PROP- (6a) Ile made available at single or subscription prises to any person, corporation.
ERTY. All that pan oftbeNW1/4ofNW partnership or other unincorporated association requesting the newspaper and
making the applicable payment, I
1/4 of Section 2 lying Eat of the line (7) That said newspaper has complied with all the foregoing conditions of this sub-
ppooint division said a sea p one has fi r last past.
1 f drawn as follows: Commenting at s °i 114.5 theS outhlineofsald MW 1/4 /4 oi!1W1/ (8) Thal said newspaper has filed with the Secretary a cribedb Ihe eta prior t
January 1, of each year, onaf/; davitin the form prescribedbytheSecretaryo State
` feetEastoftheSouthwestcornet and signed by the publisher or managing officer and sworn to before a Notary
� I reaf; thence North 7 degrees 49 min. Public stating that the newspaper is a legal newspaper.
t � ' ales West 220b fat; thence Noah 18 That the printed Notice of Mortgage Foreclosure Sak hereto attached as a part
de tees 32 minutes West 94,8 feet; thence d
N feet; og rth then 22 degNrees 3p 21 min e revs 43 t 4483 her war cut from the colum ofs a newspaper was published therein in the English
�� t ce oah d a 43 minutes Language once each auk for t suceessiue that;( firstsopu6lishedonthe
j V 't West a distance of 6.53 feat so a point .......9th . day o f May , 19 9 1 and thereafter
•
' marked by a Judicial Land Mark; thena T hursda 2Qth day
South 28 de es 17 minutes West a dis- on • Y . -- - of each wee to an includin the
gee
' v t lance of 66.2 fat; thence South 52 de- o/ June J9 91 • cad that the (ollowing is a copy of the lower
lea 57 u West, a distance 01100.30 ease alphabet which is ac t e sire and kind of type used in th • rinsed • ! feet to the e southerly e
cad of the last course publication of said notice.
mentioned below; commenting at a point
i of intersection of the Gaut line of Apple a •m • • ntu •zya
Road and the North line of said Northwest
Quarter of the Northwest Quarter, which
said point is the Northeast comet of the and sworn to be% the this 2 s. kayo/ June .19 .91.
trace of land es ed is Carter Registered July S,
1952, and described ry County - ' ;,µ� : t t /y 1,
Certificate of Title No. 3205; thence East •
long the North lore of aid Quarter- Quarter Naery P abl;c.. 'd!1"✓l ; b '‘ . Cneate. Atirue,.ne
809.7 feet to s point suited by • Judicial My Cmawirnioa Expires. a? . 19 t. D
Land Mark, said point being the actual r p
point of beginning of the land to be de- THERESA M LAW
• - sashed; thence South 16 degrees 42 coin- THERESA
fetes West, s distance of 12231 feet to a � ' CO HENNEPIN COuN Y
point mar y a k ed b Judicial Land Mark; an tauuss+onv l
.w.- thence South 45 degrees 42minutes West,
a distance of 186.788 feet to &point marked __ - _ - .
by a Judicial Land Mark:then= South63
degrees 42 minutes West, a distance of
81.08 feet to a point marked by a Judicial
Land Mark; thence South 70 degrees 22
minutes West, a distance of 8436 fat to --
a point (narked by a Judicial Land Mark; •
thence South 49 degrees 12minuta West, •
- a distance of 4831 fat to a point marked
by aJudicial Land Mark; thence South 36
degrees 22 minutes West, a distance of
_ 54.09 feet to a pond marked by a Judicial No delinquent fifes and tYansier
Land Mark; theca South 28 degrees 17 BYed • 7 7.4 day
minutes West, a distance of 98.85 feet to
- the point of meeting, all in Section 2, a LI 1f .! 19 ,91___
Township 116, North of Range 23• =L (/
COUNTY IN WHICH PROPERTY
IS LOCATED: Carver d Of
• AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE ��
— INCLUDING TAXES, IF ANY, PAID j/
BY MORTGAGEE: 5276,728.91 Depu
THAT prior to the commencement of
..-1. -- this mortgage foreclosure proceeding
Mortgagee complied with all notice le-
t quirernents as required by statute;
w. _- - THAT no action of proceeding has
A. -, y .,, : been instituted at law or otherwise to re-
cover the debt seared by said mortgage,
3 ._ -_ or any part tbueof; •
PURSUANT so the power of ale
;,- - -- contained in said mortgage, the above
Sheriff deaalbed property will
- 9
. c� / 3 MI
-..a Form • /(1/ K ,
• • - • (Re E 1 70 Certificate of Real Estate Value ' �o l �`-
B y Al Firs Ini ial � ��
a
alter a Ftrs c / e Pr��'dsessD a hl i a C �t �a�jme�Ip�, Number V
Eden Prairie. NN 55435 �� r�
t dcl I Acti VII 5 Bluff Cr e l�s]ed honeNumber I
Chanhassen, /IN 55318 /�/-
Street Address or Rural Route of Property Purchased C ity or Township County
6 ,•\ /
1545 Bluff Creek Drive Chanhassen -- r . r
Legal Description of Property Purchased (Fill in lot number, block number and plat name, or attach 3 copies of the legal description) I
see attached
Type of Acquisition (check all boxes which apply) - 1
❑ You and seller are relatives ❑ Buyer is a religious or ❑ Your name added to or co-owners
or related businesses charitable organization name removed Irom.deed (not a sale)
❑ Property is a gift or inheritance ❑ Buyer is a unit of government ❑ You purchased partial interest only
El You received property in a trade 1 You condemned or foreclosed ❑ Date purchased agreement signed is I
on the property over two years ago (Fill in year
If you checked any box above, skip the rest of this form, sign it and fill out schedule B
Type of Property Transferred (check all boxes which apply) I
❑ Land Only li Land and Buildings ❑ Construction of a new building completed
after January 1 of year of sale
Planned Use of Property (check one box)
1
E Residential (single, duplex, triplex) ❑ Apartment (Number of units 1 ❑ Cabin or Recreational
El Agricultural ❑ Commercial - Industrial ❑ Other Use (describe below)
(Type of business )
Financial Arrangements (instructions are on back of yellow copy)
a Total Purchase Price 2 Total Amount of Personal Property 3 Date Seller Agreed to Purchase Price
99,000.00 (from ache�eA fcn this sheet) 09/22/92
I
4 Down y nt 919 5 Points or Prepaid Interest Paid by Seller 6 Points or Prepaid Interest Paid by Buyer
......
A _
Describe each mortgage and contract for deed used to purchase this property
Is this a
Contract or
N t Assumed Mortgage or Contract for Deed Monthly Payment for Interest Rate Total Number Date of Any Lump Sum
✓ Mortgage/ Amount at Purchase Principal and Interest (In Effect Now) of Payments (Balloon) Payments
9/ Yes No
7 [25 ❑ 1 ./0 ,.,
6 ❑ ❑ I
10 If a mortgage or contract for deed is not a variable market rate but the terms of payment are scheduled to change on a fixed date. fill in its line number from above, the
month and year of the change, and what it will change to (or attach 3 copies of payment schedule):
Fill out schedule B on the back of this sheet to determine the amount of your deed tax 1
I declare that the information filled in on this form is true, correct and complete to the best of my knowledge and belief.
Print or type name of person signing this form Signature Listed Plane Number Date
1
1C' ' t - W , ' 617 9
10 ?. Yr Land Bldg Tot Ptat— Parcel
Acres Tdlapl� i GUI V s,e Y i B it ,Q lit en •• Yr Land Bldg Tot ' _ _ _ _ Departttmt of Use Only
015
x 1-4c - ST Ad;c: Adi` U Tillable EMV Apt FM
GA C 1 MV 2 MV ID
Co CI PT Dale T Ds Plat Parcel M S
1
;kx+ No 60n0•100
COUNTY COPY
1 _-rparce1 1:
All that part of the Southwest Quarter of the Southwest Quarter
(SW1 /4 of SW1 /4) Section 26, Township 116 Range 23, described as
follows: Starting on a stone monument at the Southwest corner of
said Section 26; and running thence East on the Section line 400.00
feet; thence due North at right angles 500.0 feet; and thence North
' 83 degrees 14 minutes East, 63.2 feet to a point in the centerline
of the road, which point is the beginning of the land herein
described; thence North 48 degrees 38 minutes West, 181.5 feet along
the centerline of the present road; thence South 41 degrees 22
minutes West 120 feet; thence South 48 degrees 38 minutes East 181.5
feet; and thence North 41 degrees 22 minutes East, 120.0 feet to the
point of beginning.
Parcel 2:
1 That part of the Southwest Quarter of the Southwest Quarter of
Section 26, Township 116, Range 23, described as follows: Commencing
' at the Southwest corner of said Quarter - Quarter; thence North along
the West line of said Quarter - Quarter a distance of 440.71 feet;
thence Deflecting to the right 93 degrees 21 minutes a distance of
151.56 feet; thence deflecting to the left 52 degrees 23 minutes a
distance of 26.07 feet to the actual point of beginning; thence
continuing along the last described course, 120.0 feet; thence
deflecting to the right 90 degrees 00 minutes a distance of 181.5
' feet; thence deflecting to the right 90 degrees 00 minutes a
distance of 120.0 feet; thence deflecting to the right 90 degrees 00
minutes a distance of 181.5 feet to the actual point of beginning.
Records of Carver County, Minnesota.
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