4.11. SR 02-16-1999
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ITEM 4.11.
MEMORANDUM
River
TO:
MAYOR AND CITY COUNCIL
FROM:
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR S R.
DATE: FEBRUARY 16, 1999
SUBJECT: MODIFICATIONS TO LEGAL
DESCRIPTIONS IN COVENANT ON
P ARKVIEW ADDITION
OUTLOTS A & B. P ARKVIEW ADDITION
The City of Elk River is the current owner of the Outlots A and B, Parkview Addition (a
vicinity map showing the location of this property is attached). The city filled several
areas of wetland when youth athletic fields were developed on these parcels. Replacement
wetlands were required for the wetlands filled.
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The U.S. Army Corps of Engineers' (USACE) permit required that a restrictive covenant
be placed over all of the wetlands on the property, including the replacement wetlands.
Since the covenant was recorded, minor adjustments were made to the locations where
wetlands were filled and replaced.
LOT 1. BLOCK 1. P ARKVIEW ADDITION
When the city sold this lot to the current owner, several small areas of drainage easement
were vacated so the lot would better accommodate a house. When this issue went to the
Council, staff failed to vacate the USACE covenant from those parts of the easement that
were vacated.
ACTION REQUIRED
The Council action required is the approval of the attached resolution. which modifies the
legal description ofthe property covered bv the USACE's covenant. Mr. & Mrs. John
Lenz, the current owners of Lot I, Block I, Parkview Addition, and the USACE are in
agreement with this action.
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More replacement wetland acres were created on Outlots A & B than were required for
the filing done to construct the athletic fields. These extra acres of replacement wetland
can be credited to other city projects, like the extension of Tyler Street. An additional
Wetland Conservation Act covenant will need to be placed over the wetlands on Outlots
A & B in order to use these credits. Staff plans on recording this additional covenant.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 . Fax: (612) 441-7425
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RESOLUTION 99 -
CITY COUNCIL
CITY OF ELK RIVER
A RESOLUTION AMENDING WETLAND COVENANT
IN P ARKVIEW ADDITION
WHEREAS, the City of Elk River placed a covenant over certain parts of Outlot A,
Outlot B, and Lot 1, Block 1, Parkview Addition, to protect wetlands
as required by the U.S. Army Corps of Engineers; and,
WHEREAS, the current legal description of the property to be covered by
covenant is inaccurate; and,
WHEREAS, the City Council of the City of Elk River considered the issue of
replacing the existing legal description for the property covered under
the covenant with a modified legal description at their meeting held
on February 16, 1999; and,
WHEREAS, the U.S. Army Corps of ELgineers and the current owners of Lot 1,
Block 1, Parkview Addition are in agreement with modifying the legal
description for covenant; and,
WHEREAS, as the owner of Outlot A and Outlot B, it appears to be in the best
interest of the City to modify legal description of the property to be
covered by the covenant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River that the legal description of the property covered under the
covenant recorded in Sherburne County, Minnesota under Document
Number 359250, on property described as Outlot A, Outlot B, and Lot
1, Block f, Parkview Addition, is modified to read as follows:
See attached exhibit" A"
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Adopted by the Elk River City Council this 16th day of February, 1999
Stephanie Klinzing, Mayor
ATTEST:
Sandra Peine, City Clerk
STATE OF MINNESOTA
s s.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day
of , 1999, by Stephanie Klinzing, Mayor of the CITY
OF ELK RIVER, a Minnesota Municipal Corporation, on behalf of
the corporation.
Notary Public
STATE OF MINNESOTA
s s.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day
of , 1999, by Sandra Peine, Clerk of the CITY OF ELK
RIVER, a Minnesota Municipal Corporation, on behalf of the
Corporation.
Notary Public
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STATE OF MINNESOTA
s s.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledge before me this _ day
of , 1999, by John T. Lenz, Joint Owner of Lot 1,
Block 1, Parkview Addition.
Notary Public
STATE OF MINNESOTA
s s.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day
of , 1999, by Kim M. Lenz, Joint Owner of Lot 1,
Block 1, Parkview Addition.
Notary Public
This instrument drafted by:
Building and Zoning Department,
City of Elk River
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EXHIBIT A
WETLAND DEED RESTRICTION OVER OUTLOT B, PARKVIEW ADDITION
That part of Outlot B. Parkview Addition, according to said plat on file and of record in the office
of the County Recorder, Sherburne County, Minnesota, described as follows:
Commencing at the Northwest corner of said Outlot B; thence South 00 degrees 39 minutes 05
seconds West, assumed bearing along the West line of said Outlot B, a distance of 1395.76 feet
to the point of beginning; thence North 33 degrees 10 minutes 27 seconds East a distance of
159.28 feet; thence North 90 degrees 00 minutes 00 seconds East, a distance of 182.48 feet;
thence North 78 degrees 07 minutes 23 seconds East a distance of 72.70 feet; thence j"lorth 90
degrees 00 minutes 00 seconds East a distance of 129.11 feet; thence South 09 deg~ees 01
minutes 16 seconds East a distance of 435.04 feet; thence South 89 degrees 51 minutes 10
seconds West a distance of 129.86 feet; thence South 46 degrees 52 minutes 10 seconds West
a distance of 178.48 feet; thence South 13 degrees 08 minutes 47 seconds West a distance of
285.02 feet to the Southwesterly line of said Outlot B; thence North 38 degrees 57 minutes 49
seconds West, along said Southwesterly line a distance of 346.45 feet, to the Southwest corner
of said Outlot B; thence North 00 degrees 39 minutes 05 seconds East, along said West line, a
distance of 411.93 feet to the point of beginning.
And also that part of said Outlot 8 described as follows:
Commencing at the Northwest comer of said Outlot 8; thence South 89 degrees 57 minutes 28
seconds East, assumed bearing along the North line of said Outlot B. a distance of 768 08 feet
to the point of beginning; thence continuing South 89 degrees 57 minutes 28 seconds East.
along said North line, a distance of 121.92 feet to the Northeast comer of said Outlot B; thence
South 34 degrees 12 minutes 34 seconds East, along the Northeasterly line of said Outlot B, a
distance of 510.42 feet to an easterly corner of said Outlot B, thence South 00 degrees 02
minutes 32 seconds West, along the East line of said Outlot 8, a distance of 189.02 feet to an
Easterly comer of said Outlot B; thence South 89 degrees 58 minutes 44 seconds Eas':. along
the North line of said Outlot B, a distance of 134.87 feet to an Easterly corner of said Outlot 8;
thence South 00 degrees 46 minutes 43 seconds West, along the East line of said .outlot 8. a
distance of 660.92 feet to the Southwest corner of Lot 1, Block 1. in said plat; thence S.:)uth 00
degrees 46 minutes 42 seconds West, along said East line of Outlot 8 a distance of 403.92 feet;
thence South 90 degrees 00 minutes 00 seconds West a distance of 714.30 feet; thenCO;l North
09 degrees 01 minutes 16 seconds West a distance of 434.57 feet; thence North 90 degrees 00
minutes 00 seconds East a distance of 189.85 feet; thence North 58 degrees 48 mir:utes 19
seconds East a distance of 278.03 feet; thence North 38 degrees 11 minutes 39 secor,(js East
a distance of 186.62 feet; thence North 00 degrees 00 minutes 04 seconds East a dist:~nce of
57.69 feet; thence North 89 degrees 59 minutes 56 seconds West a distance of 105.36 feet;
thence North 32 degrees 25 minutes 17 seconds West a distance of 193.88 feet; thence North
16 degrees 57 minutes 17 seconds East a distance of 152.93 feet; thence North 57 de~rees 30
minutes 51 seconds East a distance of 149.31 feet; thence North 42 degrees 11 minutes 54
seconds West a distance of 110.92 feet; thence North 02 degrees 44 minutes 21 seconcs West
a distance of 151.66 feet; thence North 40 degrees 55 minutes 27 seconds West a distance of
250.20 feet; thence North 03 degrees 35 minutes 01 seconds West a distance of 85.78 feet to
the point of beginning.
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WETLAND DEED RESTRICTION OVER OUTLOT A, P ARKVIEW ADDITION
That part of Outlot A, Parkview Addition, according to said plat on me and of record in the
office of the County Recorder, Sherburne County, Mirmesota, which lies S.)utherly.
Southeasterly, Southerly, and Southwesterly of the following described line:
Beginning at the Northeast corner of said Outlot A; thence North 89 degrees 57 minutes 28
seconds West, assumed bearing along the North line of said Outlot A, a distance :>f 221.16
feet; thence South 57 degrees 20 minutes 26 seconds West a distance of 410.43 fec'c; thence
South 48 degrees 56 minutes 57 seconds West a distance of 143.95 feet; thence South 61
degrees 21 minutes 49 seconds West a distance of 219.11 feet; thence South 90 degrees 00
minutes 00 seconds West a distance of 517.35 feet; thence North 34 degrees 12 minutes 34
seconds West a distance of 510.41 feet to said North line and there terminating.
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WETLAND DEED RESTRICTION OVER LOT 1, BLOCK 1, PARKVIEW ADD1TION
Lot 1, Block 1, Parkview Addition, according to said plat on file and of record in the =.ffice of
the County Recorder, Sherburne County, Minnesota, except that part described as folIo ws:
Commencing at the Northeast corner of said Lot 1, thence South 00 degrees 54 minutes 20
seconds West, assumed bearing along the East line of said Lot 1, a distance of 8.70 fe::t to the
point of beginning; thence continuing South 00 degrees 54 minutes 20 seconds Wesl, along
said East line, a distance of 255.69 feet; thence North 87 degrees 02 minutes 18 seconds West
a distance of 312.36 feet; thence South 28 degrees 57 minutes 33 seconds West a distance of
107.67 feet; thence South 70 degrees 21 minutes 08 seconds West a distance of 58.]8 feet;
thence North 23 degrees 38 minutes 27 seconds West a distance of 180.44 feet; them:;: South
70 degrees 21 minutes 08 seconds West a distance of 77.12 feet; thence North 23 degrees 38
minutes 27 seconds West a distance of 26.20 feet; thence North 65 degrees 07 minutes 39
seconds East a distance of 243.19 feet; thence North 90 degrees 00 minutes 00 seconcl~: East a
distance of 90.11 feet; thence North 71 degrees 56 minutes 58 seconds East a dis;:;ince of
124.70 feet; thence North 18 degrees 03 minutes 02 seconds West a distance of 14.'25 feet;
thence North 78 degrees 57 minutes 27 seconds East a distance of 116.78 feet; thence North 71
degrees 56 minutes 58 seconds East a distance of 31.87 feet to the point of beginning.