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99-011 RESRESOLUTION 99 - 11 CITY COUNCIL CITY OF ELK RIVER A RESOLUTION AMENDING WETLAND COVENANT IN PARKVIEW 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 E:_gineers 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 1, Parkview Addition, is modified to read as follows: See attached exhibit "A" Adopted by the Elk River City Council this 16th day of February, 1999 p nie Klinzin~/~ayor ATTEST: ~an'dra peine, C~ty Clerk STATE OF MINNESOTA SS. 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 $$. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this ~-i day of ~J;~.~ ,1999, by Sandra Peine, Clerk of the CITY OF ELK RIVER, a Min~nesota Municipal Corporation, on behalf of the Corporation. Notary Public STATE OF MINNESOTA 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 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 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 mi~,utes 05 seconds West, assumed beadng along the West line of said Outlot B, a distance of 139E.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.¢8 feet; thence North 78 degrees 07 minutes 23 seconds East a distance of 72.70 feet; thence Horth 90 degrees 00 minutes 00 seconds East a distance of 129.11 feet; thence South 09 degrees 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 comer 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 B described as follows: Commencing at the Northwest comer of said Outlot B; thence South 89 degrees 57 mir~utes 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 Outiot B; thence South 34 degrees 12 minutes 34 seconds East, along the Northeasterly line of said Oullot 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 B, 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 comer of said ©utlot B; thence South 00 degrees 46 minutes 43 seconds West, along the East line of said Outlot B, a distance of 660.92 feet to the Southwest corner of Lot 1, Block 1, in said plat; thence South 00 degrees 46 minutes 42 seconds West, along said East line of Outlot B a distance of 403.92 feet; thence South 90 degrees 00 minutes 00 seconds West a distance of 714.30 feet; thenc,=, 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 minutes 19 seconds East a distance of 278.03 feet; thence North 38 degrees 11 minutes 39 seco~(:is East a distance of 186.62 feet; thence North 00 degrees 00 minutes 04 seconds East a dis::~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.crees 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 dis~,ance of 250.20 feet; thence North 03 degrees 35 minutes 01 seconds West a distance of 85.78 feet to the point of beginning. WETLAND DEED KESTRICTION OVER OUTLOT A, PARKVlq~.W ADDITION That part of Outlot A, Parkview Addition, according to said plat on file and of record in the office of the County Recorder, Shcrbume County, Minnesota, which lies Southerly, Southeasterly, Southerly, and Southwesterly of the following described line: Beginning at the Northeast comer 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 ;ff 221.16 feet; thence South 57 degrees 20 minutes 26 seconds West a distance of 410.43 fee's; thence South 48 degrees 56 minutes 57 seconds West a distance of 143.95 feet; thence South 61 degrees 21 minutes ~,9 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. WETLAND DEED RESTRICTION OVER LOT 1, BLOCK 1, PARKVIEW ADDrrlON Lot 1, Block 1, Parkview Addition, according to said plat on file and of record in thc c, ffice of the County Recorder, Sherburne County, Minnesota, except that part described as follows: Commencing ar the Northeast comer of said Lot I, thence South 00 degrees 54 mic~utes 20 seconclz West, assumed bearing along the East line of said Lot 1, a diztance of 8.70 fe-c: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 $8.38 feet; thence North 23 degrees 38 minutes 27 seconds West a distance of 180.44 feet; thenc: 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.i9 feet; thence North 90 degrees 00 minutes 00 second,: East a distance of 90.11 feet; thence North 71 degrees 56 minutes 58 seconds East a distance 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 distam:e of 31.87 feet to the point of beginning.