5.5 Metes & Bounds subdivisions i
il • C I TY 0 F
cHANBAssEN
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i; -''' 690 COULTER DRIVE • P.O. - BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
:1 MEMORANDUM
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I TO: Don Ashworth, City Managerlito
FROM: Jo Ann Olsen, Senior Planner
1 DATE: January 20, 1993
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I SU13J: Metes and Bounds Subdivisions
At the January 11, 1993, City Council meeting, the amendment to the Subdivision Ordinance was
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tabled until staff could stuvey other cities to d I • e if metes and bounds subdivisions are
- in Permitted and to determine the difference in c'
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Staff surveyed eight cities and found that mos . = o n permit metes and bounds subdivisions and
that platting is required. The cities that pe ete d bounds subdivisions do so on a limited
basis, except for Minnetonka. Chanhassen .,, ady Pe ; q 'ts most of these limited exceptions. We
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also asked surveyors what the difference 0, oat to the - q .licant would be and found that platting
will cog approximately $2000 more tit etes and . *r, ds subdivisions The following is a
summary of responses from the city s ,t,. ey: .:...,
I Eden Prairie - Platting is required. N o metes and bound 4 7 ,. ubdivisions.
1 Apple Valley - Platting is r j (ii d. 140 metes and bounds bdivisions.
I Eagan - Platting ,F.,. ,,, • .r,„ , , ,!.. , , . .. ' ',: s.
r ,. -.1 ,,,.' * 4- 41 ,
Plymouth - Me ,. 7- • ':Oilli s siiii vision ar' tir':' MrviinatiQ d must show
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special circumstances ' "P , <! our existing exceptions).
- - "' -• ,,,,,..- - --• ` ' '
Minnetonka - Metes and bounds subdivision' e .-..- 1 'r.I. 446 4 lots, only with a short legal
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I description.
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Maplewood - Metes and bounds subdivisions or up to 3 lots, with a short legal description.
1 Woodbury - Metes and bounds subdivisions only perm,itted outside the MUSA boundary and
limited to one lot.
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-me PRINTED ON RECYCLED PAPER
1
I Don Ashworth, City Manager
January 20, 1993
1 Page 2
RECOMMENDATION
1 The amendment was proposed to allow metes and bounds subdivisions in simple situations to
reduce the cost to the applicant. Clearly, platting results in a more clean description and is what
I is preferred by most cities. Staff continues to believe that limited use of metes and bounds
divisions can be reasonably accommodated without undue problems for the city and a substantial
cost savings for small land owners. Examples of the worst case situation of extremely long
I property descriptions have been appended to this report by the City Manager. We believe the
proposed ordinance would prevent these abuses from occurring. However, in light of the findings
of our survey, we will not continue to push the idea. Staff is seeking further direction from the
1 City Council.
I MANAGER'S COMMENT
Nuke it.
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CITYOF 3/Li
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORA *UM
TO: Don Ashworth, City Manager 1
FROM: Jo Ann Olsen, Senior Planner
DATE: January 5, 1993
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
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.
PLANNING COMMISSION ACTION
The Planning Commission reviewed this item on December 2, 1992, and unanimously
recommended approval. 1
RECOMMENDATION
Staff recommends the City Council approve the attached subdivision ordinance amendment.
ATTACHMENT
1
1. Subdivision ordinance amendment.
2. Planning Commission minutes dated December 2, 1992.
rs
t4: PRINTED ON RECYCLED PAPER
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.
1 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
1 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
' length and any of the verifications previously referred to would become impossible and would
likely produce an incorrect answer (see attached examples).
1 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
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
1 Section 3, would be considered as 6 words.
DWA
(1 -7 -93)
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I/
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 1
AN ORDINANCE AMENDING CHAPTER 18 OF 1
THE CHANHASSEN CITY CODE CONCERNING
SUBDIVISION OF PROPERTY
1
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 18 -37 of the Chanhassen City Code is 1
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 abutting parcel is exempt from the
requirements of this Chapter if 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 1
zoning requirements for buildable lots; and
(3) New streets are not needed to access the lots. 1
(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 1
its passage and publication.
PASSED AND ADOPTED this day of , 19 , by
the City Council of the City of Chanhassen.
ATTEST: 1
Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor 1
(Published in the Chanhassen Villager on , 19 ). 1
946 r11/18/92 1
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?
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
1 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
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
1 hours of the businesses.
8. The Planning Commission shall review the signage proposal for this
1 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.
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.
1
1
Planning Commission Meeting
December 2, 1992 - Page 21
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Erhart: No, I don't have any comments? 1
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Conrad: Me either.
Ledvina: No comment. 1
Emmings: No.
Farmakes: No comments.
Ahrens: There was a typo in here. 1
Aanenson: Yes, it's been corrected.
Ahrens: Okay. ,
Aanenson: Paragraph (c)?
Ahrens: Yes.
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 when
it's pretty straight forward and there's no dedication required, we're II
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 II
the amendment to Chapter 18, Section 18 -37.
A
Batzli: Is there a second?
Conrad: Second.
Batzli: Is there any discussion? ,
Emmings moved, Conrad seconded that the Planning Commission recommend
approval of a Zoning Ordinance Amendment to amend the City Code, Section,
18 -37, Exemptions concerning Subdivisions as presented. All voted in
favor and the motion carried unanimously.
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I � ^ ASS •
IGNMENT OF CONTRACT FOR DEED Miner•DY.P Co., Minnopdb
Hy in.k.iduni Seller. PYrche.er or A..illnee Form No. 58 —M Minne.ou Uniform Cnn.ey.n inj Monk. (1881)
I No.delinquent taxes and transfer entered;
Certificate of Real Estate Value
( )filed ( /not required �y
047 , 19 3.—
1 . ' m L .
r o County Auditor
Q B
I n
in Deputy
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Date: June 30 19_22
FOR VALUABLE CONSIDERATION, (reserved for recording data) • .
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and wife.
(Marital MYllnl
Assignor (whether one or more), hereby sells, assigns and .transfers unto American Natinnat Rank
s s ignee twIf ther one or more), i@ P Purchaser ' R11nAf ha nk {'1 irate er et in that certain
I IRelire ,. PYrehMef ni
Contract for Deed dated the 1 it day of Ocrnh , 191i4_ made by
Heise Ray Brander and Mar aret Brenden, husband and wife
as Seller, and Edward M. L and Mary K.Alliar. husband and wife
1 as Purchaser, recorded and /or filed in the office(s) of the County Recorder and /or Registrar of Titles i n
and for the County of Carver
f on the 5t1 day of October , 19.14 as (Document No T40773 , State of Minnesota,
in Book . of , page_ ) and /or
11(a.miing inAirmYlwm— ('wlMy RMnderl
I (Document No •kil o informal me R of r /hnl page )
for the sale and conveyance of real property in said County and State. described as follows:
See attach Exhibit A .
. 1
:.. dCOlL- '2
A " S /Q�. .� space is needed, continue on back)
,.: i ' " '� •- :' ' • or in said Contract for Deed contained, which Assignee hereby
{
f 1 L(. 4- arm.
6 ?'" " i :-.,' ,..�}} t - i •:(t there remain _ un , aid under said Contract for Deed the sum of
Merest th ereo • fro. 1 n n _ay of , 19
I q
(0 ' � .. V : sell, transfer and , as { n said Co ntr ct or De 1 4 . t ' ' ' '' , 1 ' T R(
11 /, . , = SF,-�.
, ry K. i • yan `i
State of Minnesota i` •
County of 04- A- 1 `
The foregoing instrument was acknowledged before me this ad day of G , 19_.
by Edward M. dieter and Mary K. iii, husband and wife
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I NOTARIAL STAMP OK SPAT. TOR OTHER TITIJ. (NI RANK) j /� d �7 e
SIGN7ITURE ... c / WILSON TAKING ACKNOWLEDGMENT
r. THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):
CINDY L. KUTSCHER tmgrican National Bank and Trust Com am
El 57;'AY PUBIK — MINtESTA 101 EFifth St P y
' • ;SMINGTON CO UNTY St. Paul, MN 55101 -9976
•
Tu 81M4 fee tM r,& eeepM� A NY am .M ,MYM
br,enl ( DncIYde Mme a d Yddr
Edward M.
I 7480 Market Place Dr • .
Mi nneapolis, MN 55344 •
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EXHIBIT A
ua.ar. s
That par o f the South three- quarters (S 3/4) of the East one -half I
(E 1/2) of the Southwest Quarter (SW 1/4) and the Northwest Quarter of
1/4 the Southwest Quarter (NW 1 of SW 1/4) of Section Three 3) Township
one hundred sixteen north (116 N) range twenty -three west (3) W) described
- follows: Commencing at the South Quarter (S 1/4) corner of said section
three (3) then west along the south line of said section three hundred
II
and twenty and six- tenth (320.6) feet to the center of the new ny Excelsior
Chaska s
thelandoto�besdescribed .anThenceecontinuingtwestoone thousandni((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 II
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 II 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
II
(822) feet to an iron monument which sits five hundred thirty and ence
four
tenths (530.4) feet west of the Northeast (NE) corner thereof, th
i south along fence six hundred fifty - seven ((65 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 to a point on the Northsouth Quarter (NS 1/4) line which II
is six hundred sixty -four (664) feet south of the center of said section
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 II 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
point of beginning. EXCEPT that part of the south 835.33 feet of the
East One Half of the Southwest Quarter, Section 3, Township 116, Range
23, Carver County, Minnesota, as measured at right angles to and parallel II
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 tying westerly, southerly
and westerly of the following described line: Commencing at the northwest II
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 f the line
Northwest` QuartertofnthesSouthwestpQuarter a 657.00
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 i
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b y ----
y _ Edward M. ana nacv r. Imp ..__
NOTARIAI. !RAMP OR SEAI.IOR OTHER mix OR RANK)
a..,..,-,947, ' 810RF. ING ACKNOWLEDGMENT
' C L. KUTSCNER erican National Bank and Trust Comp y
,,. �IYMMUC —MM EWA 101 E. Fifth St.
+;.: •'WINGTON touWy y -•= on. S. iw7 4 St. Paul, MN 55101 -9976
Tax 84temente he the si property dem:bed la Oda iawraent A ost
be seat to 1►adade name mid item at Aaimmaa
• Edward M.`
7480 Markettce Dr -
Min.,ronnlie. letl re
11 -7-7-- • .
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AMENDMENT TO CONTRACT FOR DEED
II Q �l,
T HIS AGREEMENT, 11 m ade and entered into this 2' day of
I nq October, 1992, by nd be t w een DOROTHY MOW, a single person,
-9 Part of the First Part, hereinafter referred to as
t� 5 � '� Seller, and
II 9 4 VERNE L. L. -40SWINVist and SUSAN BROWN SiiiIIIM, husband and wife,
vr Parties of the Second Part, hereinafter referred to as Buyers. .
II WHEREAS, on or about October 26, 1981, George ' and
Dorothy Burshek, husband and wife, entered into a Contract for Deed
I for the sale of certain real property more specifically described
II on Exhibit "A" attached hereto and by reference made a part hereof;
and
II WHEREAS, on October 26, 1981, George and Dorothy SoMMINK sold
to Peter R., a single person, the real property described on
II Exhibit "A ", said contract for deed being recorded with the Carver
II County Recorder in Book 174 of Deeds, Pages 384 -385; and
WHEREAS, Peter R. - assigned his vendee's interest in the
II ' October 26, 1981 contract for deed to Buyers by an Assignment dated
August 19, 1983, and recorded with the Carver County Recorder in
'' Book 175 of Deeds, Pages 83 -84; and
I WHEREAS, George' has passed away since the original
contract for deed was entered into and Dorothy is the
II surviving joint tenant and spouse of George Burshek; and
WHEREAS, Buyers are current in their contract for deed
II payments; and
No delinquent taxes asd transfer
1 Entered this icili. day
of I /I 19 •y
Y l 1 l - OL
I 1 ou A ud
, iior '
by �� rAli'i)
1 Deputy
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EXHIBIT "A" --
That part of the Northwest Quarter (NW4) of Section Thirty -Six (36) 1
Township One Hundred Sixteen (116) North, Range Twenty -Three (23) West,
Carver County, Minnesota, described as follows: Commencing at
a point where the West Line of said Northwest Quarter (NW4) intersects
I
the Northerly right of way line of the Minneapolis and St. Louis
Railway, and running thence Easterly along said Northerly right
of way line a distance of two hundred ninety -two (292) feet to
I
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
Northerly right of way line 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
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 g istance of 218.6 feet to a point, thence deflecting . 1
to the left 46 00' and running a distance of 176.6 feet to a
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
1
of Bluff Lane (a public road) intersects the Easterly Line of
‘* 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
I
feet to a point; thence Southerly 841.3 feet, more or less, in
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
I the actual point of beginning when measured along said railroad
right of way Line; thence Southwesterly along said railroad right
. of way line to the point of beginning; containing 8.32 acres of
land more or less.
1
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c s c s.,, L / . c. u .t c.c.-a?... i^a a of
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•. 1, ciS -2-i i .& o /o c f yw-..S
6FFICE OF COUNTY RECORDER
‘e „� i ,,,, Mcce / 4„..../ / Q om... STATE OF MINNESOTA 1
COUNTY OF CARVER
e' f. `'! ciG c,.._^ $, e rrfsce✓!l y Filing Fee
This is to certify that this document
0/0 c „,,,, 4.w ,, 0- c 4. ,.,4_ ;s } was filed in this office on the day
5 -• ro , I of 19_A.D.at o'clock
__M. and was duly recorded as
/t c ,., c4., . 14_ ; ; r @ , ± e ,�. document no.. 1
G� 4.4, f ,. L T .-oi- CARL W. HANSON JR.
County Record!,
S A, f{ 6 . Nuit reps rt' /C / 4..4 by: Il
7� M_t -G_�G_
C ict �/ G �a 1 r }; , r 4_,r
cr y.zt -r it ` I'
c— it' t ✓c „/ .� / n '� ^,p � rc,,•� 0�7` / t /�. j '� �. a Y ��� /'I No N .�,v ^ m 7' T ^.tom • � e a.� •
{0.,/t ye S Y f.k / ? e icr i!',, 6..,... cL40 /..' /. A v^4_
PARCEL NUMBER , 5- OOP/900
NAME MAINTENANCE DATE 1 °6-1/ ql -
TAX ID #
ADD ■ ..CHANGE OF
NAME
Q
a ADDRESS
■
ZIP
REQUESTED BY:
I
OWNER ASSESSOR AUDITOR
BY: ,
e
PARCEL MAINTENANCE
ADD DELETE C GE OF HAN /7/177."-'4 /
L _ .:r /
DISTRICT CODE = - "'.� vr ^ roil/
PRIMARY � . „ +i � � � '= r.- -_ ram • •
ALTERNATE SECT Fe PLAT SPLIT
OTHER
• LOT COMBINE
1 I RELATIONSHIP RANGE 013 BLOCK
C.
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TAX INC SPECIALS DITCH BENEFIT
LEGAL DESCRIPTION
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AMMO
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FILED
SEP 15 1992
STATE OF MINNESOTA NO. T- 32 tARVER COUNTY COURTS DISTRICT COURT 1
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
In The Matter of the Application ORDER AND DECREE OF
REGISTRATION
Q OF EDWARD MARVIN
To Register the Title to Certain Land
D II
Q The above entitled matter came on for hearing before the
0
to Court at the Carver County Courthouse in Chaska, Min esota on the
��r - -t co nsidere
10th day of October, 1989 and the Court, having duly ,
the Application, the Revised Report of the Examiner, the evidence
adduced the the Applicant and being fully advised in the
II
premises, finds:
1. Prior to hearing the estimated market value of the II
premises hereinafter described, exclusive of improvements, 11 according to the last official assessment thereof was $20,500.00.
2. That all the requirements of the law in respect to the
II
Application have been complied with and that all of the
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 II
been filed in this proceeding except the Answer of GARY T. 4,%; 1
and DIANE E.,0440i, husband and wife, which Answer was withdrawn
at a hearing before this Court on Friday,_9 t ober . 6, 1989 so this
II
Application might proceed by default.
3. That the main body of the subject - premises as II
hereinafter described is now occupied _by EDWARD MARVIN Witeenatt
STATE OF MINNESOTA COUNTY OF CARVER
. Certified to be a true and correct copy of the
. ' original on file and of record in my othce
GREGORY M ESS
Court Administrator
( k.:1: t ry ' L& G am `
r • ' //;: if :i - - --•
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2. That EDWARD MARVIN; whose post- office address
II is 3821 Red Cedar Road, in the City of Chanhassen, County of
Carver, State of Minnesota,
i •
the owner of an estate in fee simple described as follows:
That part of Government Lots 1 and 3, Section 8, Township
116 North, Range 23 West of the 5th Principal Merdian
described as follows:
Commencing at the Northwest corner of said Government Lot 1;
thence on an assumed bearing of North 89 degrees 20 minutes
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
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
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
' degrees 14 minutes 04 seconds East a distance of 91.28 feet;
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
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
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
minutes 04 seconds East a distance of 97.45 feet to the
point of beginning. ' `
' 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
purposes over and across part of Government Lot 1, Section
8, Township 116 North, Range 23 West of the Principal
' Meridian, all in the County of Carver, State of Minnesota,
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
assumed bearing of North 89 degrees 20 minutes 56 secon s
11 t
II
East, along the North line of said Government Lot 1, a I/
distance of 670.00 feet; thence South 5 degrees 34 minutes
56 seconds West a distance of 516.30 feet; thence South 12 II 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
II
04 seconds East a distance of 7.50 feet, to the point of
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 --` II
distance of 210.00 feet and said centerline there
terminating.
3. That the said interest in land be brought under the II
provisions and operations of Chapter 508, Minnesota Statutes, and
il
all acts amendatory thereof, and that the title thereto be
confirmed and registered as provided in and by said act; subject,
II
however:
ED
To any rights or encumbrances which may be specified in II
II am Section 508.25, Chapter 508, Minnesota Statutes, and all acts
rights or encumberances established by
endatory thereof and the ri
g
CD
the Mortgage to The Bank of Excelsior, Document No. 99850, filed
II
- October 3, 1988; the Certifica of Merger, Document No. 106256,
filed June 21, 1989; and t e Line of Credit and Mortgage 1
Modification Agreement with The Bank Excelsior, National
II
Association, Document No. 112134, filed February 12, 1990.
4. That EDWARD MARVIN , is 59 years old, is under
II
no disability, not married and never has been divorced.
r• II
•
Dated th's /('D day of BY THE COURT: II 1992.
-:
r' • �- Y •- , J i P .of lip Kanwingurt .
II
I AFFIDAVIT OF PUBLICATION
__. -- — .. . Y - -• -- — —.-- -- -• -- —
Sheriffs Certificate and Foreclosure Record. ...." Miller /nhvi. Co., Minneapolis
Under Power of Sale in Mortgage. (1969 Edition) Form No. 67-M Mineew(s Uniform (:nnvevene,n[ alenle (Revied.{,Q@fl
_ I. NOTICE OF SALE II. AFFIDAVIT OF PUBLICATION
I . NOTICE OF MORTGAGE state of ii tne�ota,
FORECLOSURE SALE IV ss.
• N OTICE IS HEREBY GIVEN that County of ..Carver
t d has occurred in the conditions of
the following described mortgage :
DATE OF MORTGAGE: May 1, Stan Rolf
( Q 1985 being duly sworn, on oath says:
ORIGINAL PRINCIPALAMOUNT Thathe now is, and during all the times h ere i n sta has been the editor and publisher
f,/J OF MORTGAGE: $260,000.00 of the newspaper known as Chaska Herald , and
MORTGAGOR(S): James H. Donn- has full knowledge of the facts hereinafter stated.
I van and rma1. Donovan, husband and (f) That said newspaper is printed in the English language in newspaper format and in
wife column and sheet form equivalent in printed space to at least 120 i nches;
MORTGAGEE FBS Mortgage Cor- (2) That said newspaper, ifa weekly, be distributed at least once each week for 50 weeks
poration each year, or if a daily, at least five days each week; but Many week in which a legal
• DATE AND PLACE OF RECORD- holiday is included. not more than four issues of a daily paper are necessary;
' WIG: Filed for record in the Offia of the (3) That said newspaper has 25 percent, if published more often than weekly, or 50
Count Recorder of percent, if a weekly. of its news columns denoted to news of local interest to the
Y Y community which it purports to serve, and it may contain general news, comment,
Carver and STATE OF MINNESOTA, and miscellany, but not wholly duplicate any other publication, or be made up
on May 8, 1985, and recorded as Do entirely of patents. plate matter. and advertisements:
meat No. 70991, which mortgage was (4J That sai newspaper is circulated in and near the municipality which it purports to
subsequently assigned to: CitiMae, Inc., serve, has at least 500 copies regularly delivered to paying subscribers, has an
dated May 14, 1985, filed July 16, 1985, average of at least 75% of its total circulation currently paid or no more than three
as Tort- months in arrears, and has entry as second•rlass matter in its local postoffice;
I
(5) That said newspaper has its known office of issue in the County of
g age was subsequently assigned to: First
isconsin Trust Company mpany as ,Carver
municipality inhich the newspaper to purports t which o lie serve: s, in whole or in p the
` // W ducumeat n umber as Trustee,
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) Be made available at single or subscription prices to any person, corporation.
ERTY: All that artof the NWl/4ofNW partnership
m aking ap pli or ot le un payment;
incorporated associ requeatiryr the newspaper and
' i p
j 1/4 of Section 2 lying Fut of the line ( That said n at east h as ast p w ith a ll th f oregoing condit o I t su
diawzla ctio ws. is itspoint said division fur r at l one year ar last past.
( 1 ' o the SouthbneofsaidNWl Commencing ofNW1/
(8) That said newspap has filed with the Secretary cribe a of Minnesota prior to
January 1, of each year, an affidavit in the form prescribed d by the Secretary of Stale o
I , 11 4 feet East of the Southwest comer and signed by the publisher or managing officer and sworn to before a Notary
ttttlllliiiiereof; thence North 7 degrees 49 rain- Public stating that the newspaper is a legal newspaper.
( �: cafes West 220.6 feet; thence North 18 That the printed Notice of Mortgage Foreclosure Sale hereto attached as a part
I degrces32miauteaWest94Sfeet ;thence h ereof was cut from the col umnsof said newspaper was published therein in the English
O 1 North 22 degrees 3 minutes West 448.5 Language once each week for successive weeks; that it was first an published on the
feet; thence North 21 de in
43 mutes 9 1
O '' 1 West a distance of 633 feet to a point .... . 9th . day of MaY , 19 and thereafter
l� marked by aJudicial Land Mark; thence Thursday 1 South 28 degrees 17 minutes West a dis- on . of each week to and including the 20th day
cx lance of 66.2 feet; thence South 52 de- of June 19 91 , nd that the following is a copy of the lower
- V
5 minutes West, a distance of 10030 ease alphabet which is acknowledg • • • t e size and kind of type used in th • tinted
set to t the southerly end of the laze course publication of said notice.
mentioned below; commencing at a point
• i of intersection of the ante; line of Apple a • m . • •rata zyz
Road and the North line of said Northwest
Quarter of the Northwest Quarter, which
said point is the Northeast comer of the Subscribed and sworn to before me this .2 • b'ay of .. June .19 .9 1,
• ''
v ;: . tract of land originally Registered July 5,
1952, and described is Carver County
-- "r7 C2 ; e .: t t /d'l / „ lLu ,—
Certificate of Title No.3205; thence East
along the North ]hie of said Oust:ter-Quarter Nasty Psiblic.. 2!f'✓1 'k C asnty. it(iu
a . 1
Land Mark, said point being the actual My Cowlwiriiow Ezpirsi. ... —' .
0..... 19
8 feet to a point marked by a Judicial —
point of beginning of the land to be de- ,... THERESA M. LAW
't seabed; thence South 16 degrees 42 min- EKE p C ,
ales West, a distance of 122 31 feet to a �
; • , t .}1 . HENNEPIN COUNTY
point marked by a Judicial Land Mark; ter easttclssiori luau saes t
thence South 45 degrees42minutes West,
- a distance of186 .78feettoa point marked __ -_ -_ _
by a Judicial Land Mark; thence South 63
degrees 42 minutes West, a dlistana of
81.08 feet to a point marked by a Judicial
Land Mark; thence South 70 degrees 22
minutes West, a distance of 84.36 fat to -
a point marked by a Judicial Land Mark; t
thence South 49 degrees 12 minutes West, •
- - a distance of 4831 feet to a point marked
by aJudicial Land Mat )q thence South36
degrees 22 minutes West, a distance of
• :•- - 54.09 Mark; thence � :nuked
o trih 28 by Judicial No delinquent taxes art transfer
4 <_ _ ._
minutes West, a distance of 98.85 feet to Entered 7 Ix day
: _ the point of meeting, all in Section 2, of e -td -x,e 19 Si--
Township 116, North of Range 23. J
- ' •- COUNTY IN WHICH PROPERTY . a
IS LOCATED: Carver
AMOUNT DUE AND CLAIMED
TO BE DUE AS OF DATE OFNOTIC i, E by .rr P
IF
INCLUDING TAXES, AN
BY MORTGAGEE: $276,728.91 P Deputy
THAT prior to the oommenament of
- ;c 4 .__, this mortgage foreclosure proceeding
Mortgagee complied with all notice re-
i( - quirements u required by statute;
:,. ;;;,.. - THAT no action or proceeding has
t _ been instituted at law or otherwise to re-
” ` _ - cover the debt secured by said mortgage,
or any part thereof;
PURSUANT to the power of sale
, �- contained in said mortgage, the above
iiiiiiii A- - e described property will be sold by the
Sheriff of .rid cou' . .(laws•
1,,2
3- ?G/ 3RD /QIa •
--.7. Form
• • (RevElrt: Certificate of Real Estate Value
e.y ;...JL- ,Firs In" ial y 'Dahlia 1
•• -A Pro T V 3 ce C rt lagmeA /
l E J den Prairie, MN 5543 Number 6 � � `���
fif
eller' e, F irst I Initial Addr s 5 Bluff Cr e 6 K 11 11 V Nne Number
Chanhassen, 1114 55318 �
Street Address or Rural Route of Property Purchased City or Township County
1545 Bluff Creek Drive Chanhassen t--c I / Carver 1
Legal bescription of Property Purchased (Fill in lot number, block number and plat name, or attach 3 copies of the legal description)
see attached
I Type of Acquisition (check all boxes which apply) -
❑ You and seller are relatives ❑ Buyer is a religious or ❑ Your name added to or co- owner's
or related businesses charitable organization name removed from deed (not a sale)
❑ Property is a gift or inheritance ❑ Buyer is a unit of government ❑ You purchased partial interest only
❑ You received property in a trade ❑ You condemned or foreclosed ❑ Date purchased agreement signed is
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
1
Type of Property Transferred (check all boxes which apply) .
❑ Land Only a Land and Buildings ❑ Construction of a new building completed
after January 1 of year of sale
Planned Use of Property (check one box)
® Residential (single. duplex, triplex) ❑ Apartment (Number of units ) •❑ Cabin or Recreational
❑ Agricultural ❑ Commercial - Industrial .11
(Type of business Other U se ( below)
Financial Arrangements (instructions are on back of yellow copy)
Total Purchase Pr 2 Total Amount of Personal Property 3 Date Seller Agreed to Purchase Price
A. 99, (fromschun�enownfthisshe 09/22/92
Down y nt 939 - 5 Points or Prepaid Interest Paid by Seller 6 Points or Prepaid Interest Paid by Buyer
1
........
Describe each mortgage and contract for deed used to purchase this property
Is this a
I
Contract or
�� Assumed Mortgage or Contract for Deed Monthly Payment for Interest Rate Total Number Date of Any Lump Sum No
( Mortgage? Amount at Purchase Principal and Interest (In Effect Now) of Payments (Balloon) Payments
I
e ❑ ❑
9 ❑ ❑
I
10 I1 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):
I
Fill out schedule B on the back of this sheet to determine the amount of your deed tax
I declare that the information tilled in on this form is true. correct and complete to the best of my knowledge and belief.
I
Print or type name of person signing this form Signature Listed Phone Number Date Vi4. 4 11,4 '
c— it • .1 .-;/ , e-e. Aki '
�� // ttt C at\ t SQ , Yr Land 1
T �/�'1 f Bldg Tot Ptat— Parcel
Acres TdlablN CER User f t Yt 811 e d Yr Land Bldg Tol
Department of Revenue Use Only O) „ ' 0 ,'
% HC ST Adg: Adis U Tillable EMV Apt FM v (J
GA C t MV 2 MV
ID
Co CT PT Date T D15 Plat Parcel M S
4 II
7toc; No 60n0J0U
on, lA1Tli r-r -..-.v
:Parcel 1:
'■ All that part of the Southwest Quarter of the Southwest Quarter
11 (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:
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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