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HomeMy WebLinkAbout2013-01-02 PACKET 04.H.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 1/2/2013 PREPARED BY Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Consider authorizing the City to enter into an agreement with the VFW for right -of -way easement acquisition and construction disturbance mitigation. 2. Consider authorizing the acquisition of temporary and permanent right -of -way easements per the terms of the agreement with the VFW. 3. Consider authorizing the City to enter into a consent agreement with the Metropolitan Council related to the VFW right -of -way easement. STAFF RECOMMENDATION 1. Authorize the City to enter into an agreement with the VFW for right -of -way easement acquisition and construction disturbance mitigation. 2. Authorize the acquisition of temporary and permanent right -of -way easements. 3. Authorize the City to enter into a consent agreement with the Met Council related to the VFW right -of -way easement. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John M. Burbank dated 12/26/12 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: VFW Right -of -Way agreement VFW right -of -way temporary and permanent easements document Metropolitan Council consent agreement ADMINISTRATOR'S COMMENTS City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage Grove h ere Pride an6 ,,sperltY Meet TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: December 26, 2012 RE: Agreement with VFW Relating to Right -of -Way Easement Acquisition Introduction A two - phased public improvement project needs to be constructed to accommodate the future traffic growth of the commercially guided Cottage View development district. The City needs to acquire right -of -way easements over portions of the VFW property at 9260 East Point Douglas Road to facilitate completion of Phase I of this project, which should be completed in 2013. The attached Agreement with the Veterans of Foreign Wars of the United States Post 8752 (VFW) explains the purpose and benefits of the proposed easements. In addition to the VFW, the Metropolitan Council is party to the easement based on an existing regional trunk sanitary sewer easement that is recorded against the property. Recommendation 1. Authorize approval of the Agreement Relating to Right -of -Way Easement Acquisition and Construction Disturbance Mitigation between the VFW and the City of Cottage Grove. 2. Authorize the acquisition of temporary and permanent right -of -way easements per the terms of the attached Right -of -Way Easement agreement. 3. Authorize the City to enter into a consent agreement with the Metropolitan Council related to the right -of -way easement. AGREEMENT RELATING TO RIGHT -OF -WAY EASEMENT ACQUISITION AND CONSTRUCTION DISTURBANCE MITIGATION VETERANS OF FOREIGN WARS OF THE UNITED STATES INC. POST 8752 AND THE CITY OF COTTAGE GROVE This agreement is entered into by and between the Veterans of Foreign wars of the United States, Inc. Cottage Grove Post 8752, a corporation organized under the laws of the United States of America ( "VFW ") and the City of Cottage Grove, a municipal corporation, organized under the state of Minnesota ( "City "). Recitals A. The VFW owns real property located at 4 7 - GO East Point Douglas Roadway South, Cottage Grove, Washington County, Minnesota, legally described in the attached Exhibit A (the Property). B. East Point Douglas Roadway South is a public roadway classified as a minor arterial roadway (the "Roadway "). C. In order to accommodate the future traffic growth of the commercially guided Cottage View development district, of which the Property is a part, the City has identified the need to construct a two phased public improvement project related to the Roadway (the "Project "). 21Page D. The phase of the Project is programmed to be completed in 2013 ( "Phase I "), and future commercial development in the district will necessitate additional improvements to be constructed in a subsequent phase of the Project ( "Phase II "). E. The City has determined the need to acquire certain easements over portions of the Property, in order to facilitate completion of Phase I of the Project. F. The easements to be acquired are each legally described in the attached Exhibit B and depicted in the attached Exhibit C and consist of (i) a permanent easement for public roadway and drainage and utility purposes (the "ROW Easement "), (ii) . a permanent easement for drainage and utility purposes ( "Easement P "), and (iii) a temporary easement for construction purposes ( "Easement T "). G. The ROW Easement, Easement P and Easement T are collectively referred to herein as "the Easements." H. There are existing site improvements located within the Easements that will be disturbed as part of the completion of the Project. I. The City had a benefits appraisal completed for the Project on July 3, 2012, and the appraisal identified that upon completion , Phase I of the Project would have a benefiting value to the Property in the amount of $167,134, which could be assessed against the Property pursuant to Minnesota Statutes Chapter 429. J. The appraisal further identified that upon completion, the Phase II Project could have a future benefiting value to the Property in the amount of $161,480 which could be assessed against the Property pursuant to Minnesota Statutes Chapter 429. K. The City and the VFW desire to create and mutually approve a formal agreement between the two entities that sets forth the parameters for the compensation to be paid for the Easements and the required mitigation for site disturbances related to the Project; NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Within seven (7) business days after this agreement has been signed by both parties, the VFW will grant and convey to the City the Easements as legally described in Exhibit A and depicted in Exhibit B by executing instruments to be prepared by the City. The consideration for the Easements shall be in the mutual promises made in this Agreement; the City is not required to make any monetary payments to the VFW for the Easements.. 2. The VFW agrees that Phase I of the Project will increase the market value of the Property in an amount of at least $167,134 and further agrees that Phase II of the Project will increase the market value of the Property in an amount of at least $161,480. The VFW has no immediate plans to develop the Property, however, and requests that the City defer the payment of the first installment of any assessments for Phase I or Phase 11 until such time as the Property is rezoned, redeveloped or sold 31 Page to a new owner. The VFW, on behalf of itself, its successors and assigns, waives the right to notice and hearing of the proposed improvement and the right to notice and hearing of the proposed assessment (provided the assessment does not exceed $167,134 for Phase I or $161,480 for Phase II). The VFW further waives, on behalf of itself, its successors and assigns, all defects and irregularities in the assessment process for Phase I and for Phase II. 3. The City agrees to levy assessments against the Property for Phase I in an amount not to exceed $167,134 and to defer the payment of the first installment of the assessments so levied, until such time as the Property or any portion thereof is rezoned, redeveloped for a use other than as a veteran's club, or sold to a new owner. The deferred assessment of $167,134 for Phase I will accrue interest at the rate per the City assessment policies for 2013. 4. Prior to the completion of Phase II, the Feasibility Report for the project and the appraisal report for the Property benefits will be updated. 5. The City agrees to levy assessments against the Property for Phase II in an amount not to exceed the lesser of the updated appraised amount or $161,480, and to defer the payment of the first installment of the assessments so levied, until such time as the Property or any portion thereof is rezoned, redeveloped for a use other than as a veteran's club, or sold to a new owner. The deferred assessment for Phase II will accrue interest at the rate per the City assessment policies applicable at that time. 6. The City agrees to replace the portions of the VFW's existing bituminous parking lot surface that are disturbed by construction related to the Project, in accordance with City standard details related to commercial developments. 7. The City agrees to replace the portions of the VFW's existing driveway apron that are disturbed by construction related to the Project, in accordance with City standard details related to commercial developments. 8. The City will remove the existing pylon pole and beer sign on the Property as a component of the Project. 9. The City will re- install the VFW monument reader board sign will be reinstalled on a new foundation and monument base. 10. The existing VFW monument reader board sign will not exceed 10 feet in height. 11. This agreement is intended to run with title to the Property and shall be binding upon the parties and their successors in interest. 41 Page 12. If any court determines that the special assessments levied and deferred pursuant to this agreement are invalid or unenforceable in any respect, this agreement shall in the alternative be deemed to be a promissory note made by the VFW in favor of the City, for the principal amounts specified in paragraphs 3 and 5 above, and accruing interest at the rate of 7 percent per annum, which shall be due and payable at the earliest of any of the events specified at paragraphs 3 and 5 above or 31 years from the date of this agreement; VFW grants to the City a mortgage lien to secure the payment of the amounts set forth in this agreement upon the date when the promissory note is due and payable. Dated this day of , 2012. CITY OF COTTAGE GROVE M Myron Bailey, Mayor iin Caron Stransky, City Clerk STATE OF MINNESOTA ) (ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2012, by Myron Bailey and by Caron Stransky, the Mayor and City Clerk of the City of Cottage Grove, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 51Page Veterans of Foreign Wars of the United States, Inc. Cottage Grove Post 8752 By Its Commander By Its Quartermaster STATE OF MINNESOTA ) SS. COUNTY OF A'61lh ti The foregoing instrument was acknowledged before me this day of 2' Y' , 2012 by Ml'c�atl P' ze-i"r , the commander of the Veterans of Foreign Wars of the United States, Inc. Cottage Grove Post 8752, a corporation organized under the laws of the United States of American, on behalf of the corporation, Grantor. � 7' M '�I� j Notary Public NOTARY STAMP 61Page STATE OF MINNESOTA ) SS. COUNTY OF he foregoing instrument was acknowledged before me this /D day of heee er , 2012 by J'4A'f)k &n the quartermaster of the Veterans of Foreign Wars of the United States, Inc. Cottage Grove Post 8752, a corporation organized under the laws of the United States of American, on behalf of the corporation, Grantor. NOTARY STAMP t' N l w THIS INSTRUMENT DRAFTED BY: Cottage Grove Community Development Department 12800 Ravine Parkway South . Cottage Grove, MN 55016 planning@cottage-grove.org EXHIBIT A LEGAL DESCRIPTION OF PROPERTY That part of the Southwest Quarter of Section 22, Township 27 North, Range 21 West, Washington County, Minnesota: That part of the Southwest Quarter of Section 22, Township 27 North, Range 21 West being the westerly 960 feet of that part lying northeasterly of State Highway No. 10/61, except therefrom the west 595 feet thereof and further excepting: Commencing at the West X corner of said Section 22 thence east along the North line of the Northwest Quarter of the Southwest Quarter 960 feet, thence south and parallel with the west line of said Section 22 847 feet to the point of beginning of this exception; thence continuing south and parallel with the west line 75 feet to the Northeasterly right -of -way line of Minnesota Highway No. 10 -61; thence northwesterly along said right -of -way line 50 feet; thence north and parallel with said west line 75 feet; thence southeasterly with said northeasterly right -of -way line 50 feet to the point of beginning; except Parcel 225A shown on Minnesota DOT Right -of -way Plat No. 82 -83. 414682v2 CAH CT160 -18 EXHIBIT B PROPOSED EASEMENT DESC8 Pl TIONS: ROW EASEMENT _ A permanent, non — exclusive easement for right of way and drainage and utility purposes over, under, across and through the fallowing described property: That part of the west 960.00 feet of the Northwest Quarter of the Southwest Quarter of Section 22, Township 27, Range 21, Washington County, Minnesota, lying northeasterly of the northeasterly right —of —way line of State Trunk Highway No. 61 as delineated on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82.23, on file in the office of the Washington County Recorder as Document No, 379984; lying easterly of the east line of the plat of GROVELAND COTTAGES, according to the recorded plot thereof, sold Washington County; and lying southwesterly of a line described as follows: Beginning at the intersection of the east line of said GROVELAND COTTAGES with a line 45.00 feet, as measured at a right angle, northeasterly of a line between right —of —way corners designated B2A and B3 *'on said MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT N0. 82 --23, and the northwesterly extension of said line (said intersection hereinafter described as "Point A "); thence southeopteriy (along a line hereinafter described as "Line 1 "), parallel with sold line between right —of —way corners designated 132A and B3, and its southeasterly extension, a distance of 600.00 feet and there terminating. Except that part within the land conveyed to Northwestern Bell Telephone Company in Document No. 262283, files of the Washington County recorder, EASEMENT P _ A permanent, non — exclusive easement for drainage and utility purposes over, under, across and through the following described property: That port of the west 960.00 feet of the Northwest Quarter of the Southwest Quarter of Section 22, Township 27, Range 21, Washington County, Minnesota, lying northeasterly of the above described permanent easement; lying easterly of the east line of the plot of GROVELAND COTTAGES, according to the recorded plot thereof, said Washington County; and lying within a parcel of land described as follows: Beginning at the above described "Point N', thence southeasterly along the above described "Line 1" a distance of 182.09 feet; thence northeasterly at a right angle a distance of 20.00 feet to a point hereinafter described as "Point B "; thence northwesterly, parallel with said "Line 1" to the east line of said GROVELAND COTTAGES; thence southerly along sold east line to the point of beginning. EASEMENT T _ A temporary easement for construction purposes over, under, across and through the following described property: That port of the west 960.00 feet of the Northwest Quarter of the Southwest Quarter of Section 22, Township 27, Range 21, Washington County, Minnesota, lying northeasterly of the first above described permanent easement; lying southeasterly of the second above described permanent easement; and lying southwesterly of a line described as follows: Beginning at the above described "Point B "; thence southeasterly to a point on said "Line 1" a distance of 373.03 feet from said "Point A ", as measured along said "Line 1 ". E a N u7 N r 0 N I 0 N l 0 r o; O U al �h 0 L r- K 0 U Said temporary easement expires on December 31, 2014. CERITICA11014: On behalf of Bolton & Menk, Inc.: I hereby certify that this survey, plan or report was prepared by me or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Jr. November 13, 2012 P m z 0 �P N REVISED: DESCRIPTION & GRAPHIC (11/21/2012) REVISED: EASEMENT P — DESC. & GRAPHIC (11/26/2012) (E)Bolton & Menk, Inc, 2012, All Rights Reserved EASEMENT EXHIBIT PART OF: COTTAGE GROVE, MN W. 960 FT. of NW 1 /4 OF SW 1/4 SEC. 22, TWP. 27, RGE 21 M C) l — rC> N �& M E M K, O N Co. WASHINGTON COUNTY, MN Consulting Engineers & Surveyors 12224 NICOLLET AVENUE S, BURNSVILLE, MN 55337 (952) 890 -0509 FOR: CITY OF COTTAGE GROVE MANKATO, FAIRMONT, SLEEPY EYE, BURNSVILLE, WILLMAR, CHASKA, RAMSEY, MAPLEWOOD, BAXTER, ROCHESTER, MINNESOTA & AMES,.SPENCER, IOWA JOB NUMBER: N15.104975 FIELD BOOK: DRAWN BY: ERW SHEET 1 OF 2 SHEETS .N N i N V I N J I N EXHIBIT C ___________________ 0 1 J _ _ .--. _ _ . —..- -. _ — ,t W 0 H I• / `�` . f p d to W N I I C7 U I; t w N Z t I I L... O p t o I `, Ir O 1. U t`1 W �•F I N oo I] ON p, I � I 0 149- 50 I �' cod cli I ,Y V r Jj N ' . ,C, ® ® � �/� / ter 120 6,' LAND CONVEYED TO N 120 240 °p/ O ff` w °='pp NORTHWESTERN BELL ^, TELEPHONE COMPANY �` PER DOC, NO, 262283 bV SCALE IN FEET " s` �� �'o > .f' s / w IN r ROW EASEMENT �� �` w '. _� PERMANENT RIGHT OF WAY, DRAINAGE & UTILITY r' ,� 1, EASEMENT (19,923 SQ. FT.) �,—� _ i�co \\ �h EASEMENT P `Q PERMANENT DRAINAGE & UTILITY EASEMENT (3,789 SQ. FT.) e3- \ rat I EASEMENT T p a ® TEMPORARY CONSTRUCTION EASEMENT (1.909 SO, FT.) r ©Bolton & Menk, Inc. 2012, All Rights Reserved � N LO EASEMENT EXHIBIT PART OF: 0) COTTAGE GROVE, MN W. 960 FT. OF NW 1/4 OF SW 1/4 N 0 SEC, 22, TWP. 27, RGE 21 I 0 E� CD L - rCDO N 4. WASHINGTON COUNTY, MN N j Consulting Engineers & Surveyors a 12224 NICOLLET AVENUE S, BURNSVILLE, MN 55337 (952) 890 -0509 FOR: CITY OF COTTAGE GROVE N V MANKATO, FAIRMONT, SLEEPY EYE, BURNSVILLE, WILLMAR, CHASKA, RAMSEY, MAPLEWOOD, BAXTER, ROCHESTER, MINNESOTA & AMES, SPENCER, IOWA G' N JOB NUMBER: N 15.104975 FIELD BOOK: DRAWN BY: ERW SHEET 2 OF 2 SHEETS Abstract RIGHT OF WAY . EASEMENT THIS INSTRUMENT is made by the Veterans of Foreign Wars of the United States, Inc. Cottage Grove Post 8752, a corporation organized under the laws of the United States of America, Grantor, in favor of City of Cottage Grove, a municipal corporation, organized under the laws of the State of Minnesota, Grantee. Recitals A. Grantor is the fee owner of the following described property in Washington County, Minnesota (the "Property "): See legal description on the attached Exhibit A. B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions contained herein. Terms of Easement 1. Chant of Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee the following easement: A permanent, non - exclusive easement for right of way purposes over, under, across and through the of the Property (see attached Exhibit B for legal). A temporary easement for construction purposes over, under, across and through the of the Property (see attached Exhibit C for depiction). Said temporary easement expires on December 31, 2. Scope of Easement The permanent right of way easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described easement area a public roadway, and sidewalk, or other public facilities or improvements of any type that are not inconsistent with a public right -of -way use. 414185v1 NKE CT160 -18 The temporary easement includes the right of the Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable times for the purposes of construction, grading, sloping, and restoration purposes, and all purposes ancillary thereto, together with the right to remove trees, shrubs or other vegetation in the easement area, as well as the right to deposit earthen materials within the easement area and to move, store, and remove equipment and supplies, and to perform any other work necessary and incident to the project. The easement granted herein also includes the right to cut, trim, or remove fiom the easement areas trees, shrubs, or other vegetation that, in the Grantee's judgment, unreasonably interfere with the easement or facilities of the Grantee, its successors or assigns. 3. Warranty of Title The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey to the Grantee the easement herein. 4. Environmental Matters The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate to, the easement area or Property prior to the date of this instrument. 5. Binding Effect ffect The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this day of ) 2012. (The remainder of this page left blank intentionally.) 414185v1 NKE CT160 -18 Veterans of Foreign Wars of the United States, Inc. Cottage Grove Post 8752 V By Its Comm r BY�✓G�� I Quartermaster 414185v1 NKE CT160 -18 STATE OF MINNESOTA a //,j k; ) SS. COUNTY OF " -L , �h The foregoing instrument was acknowledged before me this day of bP bP,r , 2012 by M P &rr , the commander of the Veterans of Foreign Wars of the United States, Inc. Cottage Grove Post 8752, a corporation organized under the laws of the United States of American, on behalf of the co "Wrat i Iantor Notary Public NOTARY ST CARON M. STRANSKY NOTARY PUBLIC - MINNESOTA My Commission Expires Jan, 31, 2015 STATE OF MINNESOTA ) ��/ _ SS. COUNTY OF Wd6lt��9 he foregoing instrument was acknowledged before me this day of ejy► - , 2012 by y " F, 6 , the quartermaster of the Veterans of Foreign Wars of the United States, Inc. Cottage Grove Post 8752, a corporation organized under the laws of the United States of American, on behalf of e corporation, 0;r ntor. Notary Public NOTARY STAMP l.,/./.!.. a�lY✓. �J". a✓ S/ SrT ✓'.J'_/.1/.l./r%./- I,! THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 414185v1 NICE CT160 -18 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY That part of the Southwest Quarter of Section 22, Township 27 North, Range 21 West, Washington County, Minnesota: That part of the Southwest Quarter of Section 22, Township 27 North, Range 21 West being the westerly 960 feet of that part lying northeasterly of State Highway No. 10/61, except therefrom the west 595 feet thereof and further excepting: Commencing at the West V4 corner of said Section 22 thence east along the North line of the Northwest Quarter of the Southwest Quarter 960 feet, thence south and parallel with the west line of said Section 22 847 feet to the point of beginning of this exception; thence continuing south and parallel with the west line 75 feet to the Northeasterly right -of -way line of Minnesota Highway No. 10 -61; thence northwesterly along said right -of -way line 50 feet; thence north and parallel with said west line 75 feet; thence southeasterly with said northeasterly right -of -way line 50 feet to the point of beginning; except Parcel 225A shown on Minnesota DOT Right -of -way Plat No. 82 -83. 414185v1 NKE CT160 -18 EXHIBIT B ROW EASEMENT _ A permanent, non — exclusive easement for right of way and drainage and utility purposes over, under, across and through the following described property: That part of the west 960.00 feet of the Northwest Quarter of the Southwest Quarter of Section 22, Township 27, Range 21, Washington County, Minnesota, lying northeasterly of the northeasterly right --of —way line of State Trunk Highway No. 61 as delineated on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82 --23, on file in the office of the Washington County Recorder as Document No. 379984; lying easterly of the east line of the plat of GROVELAND COTTAGES, according to the recorded plot thereof, said Washington County; and lying southwesterly of a line described as follows: Beginning at the intersection of the east line of sold GROVELAND COTTAGES with a line 45.00 feet, as measured at a right angle, northeasterly of a line between right— of —woy corners designated B2A and B3'on said MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82 --23, and the northwesterly extension of said line (said intersection hereinafter described as "Point A'); thence southeopterly (along a line hereinafter described as "Line I "), parallel with said line between right —of —way corners designated B2A and B3, and its southeasterly extension, a distance of 600.00 feet and there terminating. Except that part within the land conveyed to Northwestern Bell Telephone Company in Document No. 262283, files of the Washington County recorder. EASEMENT P ., A permanent, non — exclusive easement for drainage and utility purposes over, under, ocross and through the following described property: That part of the west 960.00 feet of the Northwest Quarter of the Southwest Quarter of Section 22, Township 27, Range 21, Washington County, Minnesota, lying northeasterly of the above described permanent easement; lying easterly of the east line of the plot of GROVELAND COTTAGES, according to the recorded plat thereof, said Washington County; and tying within a parcel of land described as follows: Beginning at the above described "Point A "; thence southeasterly along the above described "Line 1" a distance of 182.09 feet; thence northeasterly at a right angle a distance of 20.00 feet to a point hereinafter described as "Point B"; thence northwesterly, parallel with said "Line 1" to the east line of said GROVELAND COTTAGES; thence southerly along said east line to the point of beginning. EASEMENT T .... A temporary easement for construction purposes over, under, across and through the following described property: That port of the west 960.00 feet of the Northwest Quarter of the Southwest Quarter of Section 22, Township 27, Range 21, Washington County, Minnesota, lying northeasterly of the first above described permanent easement; lying southeasterly of the second above described permanent easement; and lying southwesterly of a line described as follows: Beginning of the above described "Point B "; thence southeasterly to a point on said "Line 1" a distance of 373.03 feet from said "Point A ", as measured along said "Line 1 ". F CL N N 0 N I m N I c� 0 r Said temporary easement expires on December 31, 2014. CERTIFICATION: On behalf of Bolton & Menk, Inc.: I hereby certify that this survey, plan or report was prepared by me or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Jr. Minn November 13, 2012 REVISED: DESCRIPTION & GRAPHIC (11/21/2012) REVISED: EASEMENT P — DESC. & GRAPHIC (11/26/2012) & Menk, Inc. 2012, All Rights Reserved EASEMENT EXHIBIT COTTAGE GROVE, MN �A I3 C3 L i V N 8L 0 i/ Y EE " Ky P N Consulting Engineers & Surveyors 12224 NICOLLET AVENUE S. BURNSVILLE, MN 55337 (952) 890 -0509 MANKATO, FAIRMONT, SLEEPY EYE, BURNSVILLE, WILLMAR, CHASKA, RAMSEY, MAPLEWOOD, BAXTER, ROCHESTER, MINNESOTA & AMES,.SPENCER, IOWA PART OF: W. 960 FT. OF NW 1/4 OF SW 1/4 SEC. 22, TWP. 27, RGE 21 WASHINGTON COUNTY, MN FOR: CITY OF COTTAGE GROVE M m z 0 N N N N I N V I N I L.� N JOB NUMBER: N15.104975 FIELD BOOK: DRAWN BY: ERW SHEET 1 OF 2 SHEETS EXHIBIT G I { "i I ° I rz �Z y Ld b U ZZ LU O L,. 0 z J N T • > C'0 R , b b (p t0 A c Y � P. ` , te e • ��V ��. . -�" N � . �v 3 N LAND CONVEYED TO ®/' / �Oc• N 0 0 NORTHWESTERN BELL 0 120 240 0 � TELEPHONE COMPANY PER DOC. NO, 262283 SCALE IN FEET ROW EASEMENT i w - - PERMANENT RIGHT OF WAY, DRAINAGE & UTILITY EASEMENT (19,923 SQ. FT.) _ �� \v o EASEMENT P � 'Q PERMANENT DRAINAGE & UTILITY EASEMENT (3,789 SQ. FT.) F' e3• \ a I EASEMENT T \ TEMPORARY CONSTRUCTION EASEMENT (1,909 SQ, FT.) v ©Bolton & Menk, Inc. 2012, All Rights Reserved EASEMENT EXHIBIT PART OF: 0) COTTAGE GROVE, MN W. 960 FT OF NW 1/4 OF SW 1/4 0 SEC. 22, TWP. 27, ROE 21 E6 CD L- PSI ac M E ICI Imo, I M Cs. WASHINGTON COUNTY, MN i Consulting Engineers & Surveyors 0 12224 NICOLLET AVENUE S, BURNSVILLE, MN 55337 (952) 890 --0509 FOR: CITY OF COTTAGE GROVE V MANKATO, FAIRMONT, SLEEPY EYE, BURNSVILLE, WILLMAR, CHASKA, RAMSEY, JOB NUMBER: N15.104975 FIELD BOOK: DRAWN BY: ERW r z 0 .a N En N N V I N I W N I SHEET 2 OF 2 SHEETS ------------ 50 , ;Y 1 , f O : P �N INn N IfJ o M U , U.. 0 11. O 33 r z �`�+ � W :3 2g 0,3 00 l ove xw � f l 50 f �' e I ,, �I + A c Y � P. ` , te e • ��V ��. . -�" N � . �v 3 N LAND CONVEYED TO ®/' / �Oc• N 0 0 NORTHWESTERN BELL 0 120 240 0 � TELEPHONE COMPANY PER DOC. NO, 262283 SCALE IN FEET ROW EASEMENT i w - - PERMANENT RIGHT OF WAY, DRAINAGE & UTILITY EASEMENT (19,923 SQ. FT.) _ �� \v o EASEMENT P � 'Q PERMANENT DRAINAGE & UTILITY EASEMENT (3,789 SQ. FT.) F' e3• \ a I EASEMENT T \ TEMPORARY CONSTRUCTION EASEMENT (1,909 SQ, FT.) v ©Bolton & Menk, Inc. 2012, All Rights Reserved EASEMENT EXHIBIT PART OF: 0) COTTAGE GROVE, MN W. 960 FT OF NW 1/4 OF SW 1/4 0 SEC. 22, TWP. 27, ROE 21 E6 CD L- PSI ac M E ICI Imo, I M Cs. WASHINGTON COUNTY, MN i Consulting Engineers & Surveyors 0 12224 NICOLLET AVENUE S, BURNSVILLE, MN 55337 (952) 890 --0509 FOR: CITY OF COTTAGE GROVE V MANKATO, FAIRMONT, SLEEPY EYE, BURNSVILLE, WILLMAR, CHASKA, RAMSEY, JOB NUMBER: N15.104975 FIELD BOOK: DRAWN BY: ERW r z 0 .a N En N N V I N I W N I SHEET 2 OF 2 SHEETS CONSENT TO EASEMENT Metropolitan Council, a public corporation and political subdivision of the state, holder of an easement dated May 5, 2003, recorded July 21, 2003 as Document No. 3356282, on the property which is described as follows: That part of the Southwest Quarter of Section 22, Township 27 North, Range 21 West, Washington County, Minnesota: That part of the Southwest Quarter of Section 22, Township 27 North, Range 21 West being the westerly 960 feet of that part lying northeasterly of State Highway No. 10/61, except therefrom the west 595 feet thereof and further excepting: Commencing at the West 1 /4 corner of said Section 22 thence east along the North line of the Northwest Quarter of the Southwest Quarter 960 feet, thence south and parallel with the west line of said Section 22 847 feet to the point of beginning of this exception; thence continuing south and parallel with the west line 75 feet to the Northeasterly right -of -way line of Minnesota Highway No. 10 -61; thence northwesterly along said right -of -way line 50 feet; thence north and parallel with said west line 75 feet; thence southeasterly with said northeasterly right -of -way line 50 feet to the point of beginning; except Parcel 225A shown on Minnesota DOT Right -of -way Plat No. 82 -83. hereby consents in the Easement dated , 20_, filed , 20_ in the office of the Washington County Recorder as Document No. so as to consent the undersigned's interest to said Easement. Dated: Metropolitan Council Lm- Its: 414185v1 NKE CT160 -18 STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2012 by , the of Metropolitan Council, a public corporation and political subdivision of the state, on behalf of the corporation. Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 414185vl NKE CT160 -18 CONSENT TO ALLOW EASEMENTS ONTO METROPOLITAN COUNCIL EASEMENT Interceptor Number: 9701 County of Washington Consent Number: The Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, is the holder and owner of an easement on Veterans of Foreign Wars United States, Inc. Cottage Grove Post 8752 property, described in Document No. 3356282, and filed in the office of the County Recorder in Washington County Minnesota, on July 21", 2003. Said easement is attached as Exhibit A. The property the above *easement crosses is in part of the NW %4 of the SW 1 /4 of Section 22, Township 27, Range 21. The county PIN is 163- 2202721320003, the property address is 9260 E Point Douglas Rd, Cottage Grove, MN. In consideration of the sum of One Dollar and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby consents to the easements shown in the attached Exhibit C, and described in the attached Exhibit B. The said easement described in Exhibit B is between the owner of said property and the City of Cottage Grove. See attached Exhibit B and Exhibit C The Metropolitan Council consents to the creation of the easements described in Exhibit B, crossing the easement in Exhibit A, with the understanding that the full rights of the Metropolitan Council in said easement remain fully in effect. Any future construction activity within the Metropolitan Council's easement area as described in Exhibit A shall not commence until approved by the Metropolitan Council. The Metropolitan Council, (the Council) and the City of Cottage Grove, (the City) it's successors and assigns, hereby agree that said consent agreement shall be subject to the following conditions: The City, it's successors and assigns will indemnify, save and hold the Council harmless from and against any loss, cost, or expense incurred by the Council, including any losses resulting from claims or damages to property or injuries to or deaths of persons, judgments, court costs and reasonable attorneys fees, which arise out of or are claimed to have arisen out of this consent agreement on, or use of the easement area in said Exhibit B, by the City, its successors and assigns. The City and the Council agree that they will independently be responsible for their own acts and the results thereof, to the extent authorized by law and shall not be responsible for the acts of the other party and the result thereof. The City and the Council's liability are governed by the provisions of Minnesota Statutes, chapter 466. 2. The City, it's successors and assigns, hereby agree that the Metropolitan Council employees, agents, and successors in interest shall have access to its facilities at all times. 3. This agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assignees and the consent granted herein shall be perpetual and shall constitute a covenant running with the land. The remainder of this page is Ieft blank intentionally. -2- IN WITNESS WHEREOF, the undersigned parties have caused this agreement to be duly executed this day of 20_. The City of Cottage Grove, Its: STATE OF MINNESOTA ) )ss COUNTY OF `} On the day of , 20 , before me, a notary public within and for said County, appeared respectively named in the foregoing instrument as the of the City of Cottage Grove, and that said instrument was signed on behalf of said City of Cottage Grove, a Minnesota Municipal Corporation, by authority of its City Council, and said Council acknowledged said instrument to be the free act and deed of said City of Cottage Grove. Notary Public The City of Cottage Grove, By: Its: STATE OF MINNESOTA ) COUNTY OF )ss On the day of , 20_, before me, a notary public within and for said County, appeared respectively named in the foregoing instrument as the of the City of Cottage Grove, and that said instrument was signed on behalf of said City of Cottage Grove, a Minnesota Municipal Corporation, by authority of its City Council, and said Council acknowledged said instrument to be the free act and deed of said City of Cottage Grove. Notary Public -3- METROPOLITAN COUNCIL B Y . VAIS�� . 9 STATE OF MINNESOTA Its COUNTY OF RAMSEY jss On the day .of O�C,.G��C. ; 204& before me a nota said Count personally eared �r �Y public within and for Y' p Y a pp '`��;f , named in the foregoing instrument, and that said instrument was signed on behalf of said Metropolitan Council a. public corporation and political s. . tvision of the state, by authority of its Board and said Board acknowledged said instrument to be the free act and deed of said Metropolitan Council, KAR VC ou' M�n , !L " maswn Exgres Jan 31, 20.18 Nota Public Approved as to Legal Form: Wfti of General Counsel DRAFTED BY: Jeanne K: Matross Attorney No. 68615 Associate General Counsel Metropolitan Council 230 East Fifth Street St. Paul, MN 55101 651 -602 -1108 Attach Exhibit A — Easement Documents Attach Exhibit B — City easement Descriptions Attach Exhibit C­ City Easement Sketch 3- 3356282 • L 8' 111111 111 f 11191! 9111111f1 191111111 lull Ifll fill 0ft mof the County Recorder Washington County, MH Cerfffled flied and/or recorded on: •2003107121 4 :02:00 PM 3356282 Cindy Kaasnenn .l* Cautery Recordrr EASEMENT V THIS INSTRUMENT, MADE THIS day of 2003, by and between 5 Veterans of Foreign Wars-united States, Inc, Cottage Grove ..ost X752,.Grantor, and the Metropolitan Council, a public corporation and political subdivision of the state (successor to the Metropolitan Waste Control Commission) Grantee, WITNESSETH the Grantor, for good and valuable consideration to it in hand paid by Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to Grantee, its successors and assigns, the following described easement for sewer and utility purposes: See Exhibit A attached hereto for legal description of permanent and temporary sanitary sewer easements to be granted. Said temporary easement to expire on or before October 29, 2004. The above described easements include the rights of Grantee,. its contractors, agents and employees to do whatever is necessary for enjoyment of the rights granted herein including the right to enter the easement for purposes of constructing, operating, maintaining, altering, repairing, replacing, and/or removing said sewers and utilities. Grantor, its heirs, successors and assigns, will not erect, construct, or create any building, improvement, obstruction or structure of any kind, either above or below the surface, or stockpile /d1b G soi[s, construction debris, or construction equipment or change the grade thereof, without the express written permission of the Grantee. Notwithstanding the aforementioned provision, the following improvements by Grantor, its heirs, successors and assigns do not require Grantee's written approval: fences,. parking lots, street and/or roadways, landscaping, bushes, and shrubs. However, Grantor hereby agrees that Grantee will not be responsible for and will not pay for the loss of or any damage to, or replace or restore the following items within the easement area: fences, trees, shrubs, bushes or other plantings, other than grass or sod. Grantor covenants that his the owner and is iri possession of thi abovedescribed premises and has lawful right and authority to convey and grant the easement described herein. IN WITNESS WIIEREOF, the said Grantor has caused this easement to be executed as of the date noted above. Veterans of Foreign Wars United States, Inc. Cottage Grove Post 8752 By S4 6lyTicn� its e .r°,+ ­I ,¢ i+1 V1 � w STATE OF MINNESOTA ) ss. COUNTY OF (, 4 N''G�ry �P s. WASMGT0N COUNTS Mme , - I - 4.03 MOLLY. C1'ROURKE, A TO TRBASURBI; BY JC C=G�i- lJ �CSJi' DEPUTY On the ,7day of , 20 3 before me a notary public within and for said county, personally appeared c � - E �j d AJ the C a," ,w &, IV & ' 1 2 of Veterans of Foreign Wars United States, Inc. Cottage Grove Post 8752, the corporation named in the foregoing instrument, and acknowledged said instrument on behalf of the corporation. nv�an�nnnn�nnn+nn JOHN W. CLINTON Notary PuWio- ft"ota oarrnl�on .fin st.2oos d APPROVED AS TO LEGAL FORM: , eanne K. Matross,_Attomey License No. 68615 Drafted by: Best & Flanagan LLP (BMR) 225 South Second Street, #4000 Minneapolis, MN 55402 (612) 339 -7121 0143261204015/236992 1 3 EXHIBIT A Parcel # 58 The West Nine hundred sixty (960) feet of that part of the Southwest Quarter (S W 114) of Section Twenty -two (22), Township Twenty -seven (27), Range Twenty -one (21), Washington County, Minnesota; lying Northeasterly of State Trunk Highway No. 61 -10, excepting therefrom the West Five hundred ninety -five (595) feet thereof, conveyed to Warren Smallidge by warranty deed dated September 28,1937,'recorded October 8, 1937, in Book 129 of Deeds, page 227; and further excepting the following described real estate: Commencing at the West quarter corner of Section Twenty -two (22), Township Twenty -seven (27), Range Twenty -one (21); thence East along the north line of the Northwest quarter of Southwest Quarter (NWI14 of SW114) of said Section Twenty -two, for Nine hundred Sixty (960) feet to a Two -inch iron pipe in place; thence South and parallel with the West line of said Section Twenty -two (22) for Eight hundred forty - seven (847) feet to the point of beginming of this exception; thence continuing South and. parallel with said West line of said Section Twenty -two (22) for Seventy -five (75) feet to the Northeasterly right-of-WAY of Minnesota Highways No. 10and 61; thence Northwesterly along said Northeast right-of- -way of Minnesota Highways No. 10 and 61 for Fifty (50) feet; thence North and parallel with said West line of said Section Twenty- two (22) for Seventy -five (75) feet; thence Southeasterly parallel with said Northeasterly right -of -way of Minnesota Highways No. 10 and 61 for Fifty (50) feet to the point of beginning (conveyed to Northwestern Bell Telephone Company by warranty deed dated October 2, 1967, recorded October 30, 1967 in Book 299 of Deeds, page 210, according to the United States Government Survey thereof PERMANENT EASEMENT DESCRIPTION A permanent easement of 60.00 or 50.00 feet width, over, under and across the following described parcel, the centerline of which is described as follows: Commencing at the West Quarter Corner of Section 22, Township 27 North, Range 21 West, Washingon County, Minnesota; thence East, along the north line of the Northwest Quarter of the Southwest Quarter of said Section 22, a distance of 960 feet to a two inch iron pipe in place; thence South and parallel with the ,West line of said Southwest Quarter, a distance of 80.00 feet to the center line of said permanent easement being 60.00 feet in %vidth, and the point of beginning; thence West, along a line parallel to and 80 feet distant from the north line of said Southwest Quarter, a distance of 340 feet, to a point 25:00 feet easterly of the cast Iine of the west 595 feet of - said Southwest Quarter and the point where the easement width changes to 50.00 feet; thence South, parallel to the west line of said Southwest Quarter and 25.00 feet distant from the east line of the west 595 feet of said Southwest Quarter, a distance of 494,49 feet; thence a deflection to the right of 33 degrees 51 minutes 34 seconds, a distance of 24.23 feet to the northeasterly right of way line of State Trunk Highway No. 61 and there terminating. The sidelines of said permanent easement are prolonged or shortened to terminate at the east and southerly property lines. This permanent easement contains 46,503 square feet, 1.068 acres. rl Parcel 58 (Continued) TEMPORARY CONSTRUCTION EASEMEW DESCRIPTION A temporary construction easement over, under and across a parcel described as follows: Commencing at the West Quarter Corner of Section 22, Township 27 North, Range 21 West, Washington County, Mmriesota; thence East; along the north line of the Northwest Quarter of the Southwest Quarter of said Section 22, a distance of 960 feet; thence South and parallel with the *est line of said Southwest Quarter a distance of 110.00 feet to the southerlyVne of the permanent easement and the point of beginning; continue thence South, parallel to said west line, a distance of 65.00 feet; thence West, parallel to the north line of said Southwest Quarter, a distance , of 195.18 feet; thence deflect to the left 45 degrees 07 minutes 58 seconds a distance of 112.78 feet to a 90.00 feet from the east line of the West 595 feet of said Southwest Quarter, thence South parallel to the west line of said Southwest Quarter, a distance of 149.23 feet; thenee West parallel to the north line of said Southwest Quarter, a distance of 40.00 feet to a point on the easterly line of the permanent easement; thence North, along said permanent easement line, a distance of 293.71 feet; thence East, along said permanent easement line and parallel to the north line of said Southwest Quarter, a distance of 315.00 feet to the point of beginning and there terminating. ALSO A temporary construction easement over, under and across a parcel described as follows: Commencing at the West Quarter Corner of Section 22, Township 27 North, Range 21 West, Washington County, Minnesota; thence East, along the north line of the Northwest Quarter of the Southwest Quarter of.said Section 22, a distance of 960 feet; thence South and parallel with the west line of said Southwest Quarter a distance _of 175.00 feet; thence West and parallel to said north line of the Southwest Quarter a distance of 195.18 feet; thence deflect to the left 45 degrees 07 minutes 58 seconds a distance of 112.78 feet to a point 90.00 feet from the east line of the West 595 feet of said Southwest Quarter; thence South parallel to the west line of said Southwest Quarter, a distance of 249.23 feet to the point of beginning; continue thence South a distance of 153.03 feet to the northeasterly right of way line of State Trunk Highway 61; thence Northwesterly, along said northeasterly right of way line, a distance of 72.45 feet to a point on the southeasterly line of the permanent easement; thence deflect to the right 87 degrees 30 minutes 13 seconds a distance. of 32.93 feet along said permanent easement line to a that is 50.00 feet east of the east line of the West 595 feet of said Southwest Quarter; thence North, parallel to the west line of said Southwest Quarter, a distance of 83.31 feet; thence east, parallel to said north line a distance of 40.00 feet, to the point of beginning and there Irrminating. This temporary construction easement contains 38,741 square feet, 0.889. acres. All of said temporary easement to expire on October 29,2004. 6 PERMANENT & TEMPORARY EASEMENT SKETCH PARCEL NO. 58 Located in the SW 1/4 of Section 22. Township 27 North, Range 21 Wost, Washington County Minnesota i West Quarter Comer North hne of the NW 114 SW 1/4 Socttan 22 Section 22 ,,_ -- 960• __ W Enron Cos Easement 110- 0o: -^' ° . . _ 6. 3 40.0 0 �� n-^ tw tine Permanent Easement - - J r1 ` P.QB �etmenent Eosemenl) __ -� �_ _ ' - 7315. 00 1 eO 65.00 -1' P.a9 (Temparssy Easemect} Permanent Casement - - 45'07'58 f� - .- _,.- -.__ ,-_ . -,_ _ :;i..' .< 5 15 /� - -- -` PARCEL N0. 57 N v Vt3�and ! N � sa l L a w t? : >• 5v— Temporary £osomont n a n t East 1 of f eet West 58 f IW —�--� Pennanant Easement of �-�'R 81 3 � ! K �- !'•� --- P.O.B. (Tcmporat) Easement) 0��� The bearings or* rsfuented to CrSQ Hvrih, +Xoshangton County O,�•� 7 ! Coardh:ote ;ritem. 25 2N er a ! 100 50 0 100 POINT OF TERMINATION - !r 32.93' ( Eosara ut) �� i �) SCALE: 1 INCH = 100 FEET 1 Southeostody tine of l�Zr� y •c? Permanent Easement Notes: `rao See sheets 2 & 3 for fI Easement Descriptions. X17 This sketch is based on — — -- Denotes Permanent Easement . public records only, is y. 'T not a survey. -- - ----- Denotes Temporary Easement ash A 0 Tax Parcel No.: 22- 027-- 21•-32 -0003 0�� Fee Owner: Veterans of Foreign Wars of the United States, Inc. Cottage Grave Post 8752 S /$ Area of Parcel: 267,247 Sq. Ft. -- 5.13 Acres Area of Permanent Easement: 46,503 Sq. Ft. - 1.068 - Acres 0 Area of Temporary Easement: 38,741 Sq. Ft. - 0.889 Acres 1, Gary A. Watts, hereby certify that this description was 'prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor Lander the Idw's of the State of Minnesota. �_..�Z_!; 7 Gary A. W to, Reg. No. 15478 Date, MELCEF,RT W.ALTCkY landscape arekfteature 749 Highway 12 Revised 06/24/02 oii4l en i4eerin g Htedson, WT 64016 Ph one (715) 386 -7736 Revised 06/17/02 land Surveying Fax (715) 366• -7668 Revised 10/23/01 ME[CHEItT � y tt Y A 4th EXHIBIT B EROPOSED MSEMENT DESCR EMONS: ROW EASEMENT _ A permanent, non- exclusive easement for right of way and drainage and utility purposes over, under, across and through the fallowing described property: That port of the west 960.00 feet of the Northwest Quarter of the Southwest Quarter of Section 22, Township 27, Range 21, Washington County, Minnesota, lying northeasterly of the northeasterly right -of -way line of State Trunk Highway No. 61 as delineated on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO, 82- -23, on file in the office of the Washington County Recorder as Document No. 379984; lying easterly of the east line of the plot of GROVELAND COTTAGES, according to the recorded plat thereof, said Washington County; and lying southwesterly of o line described as follows: Beginning of the intersection of the east fins of sold GROVELAND COTTAGES with a line 45.00 feet, as measured at a right angle, northeasterly of a line between right -of -way corners designated 62A and B3 on said MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82 --23, and the northwesterly extension of said line (said intersection hereinafter described as "Point A "); thence southeosterly (along o line hereinafter described as "Line 1 "), parallel with said line between right of - woy corners designated 82A and B3, and its southeasterly extension, o distance of 600,00 feet and there terminating. Except that part within the land conveyed to Northwestern Bell Telephone Company in Document No. 262283, files of the Washington County recorder. EASEMENT P _ A permanent, non exclusive easement for droinoge and utility purposes over, under, across and through the following described property: That part of the west 960.00 feet of the Northwest Quarter of the Southwest Quarter of Section 22, Township 27, Range 21, Washington County, Minnesota, lying northeasterly of the above described permanent easement; lying easterly of the east line of the plot of GROVELAND COTTAGES, according to the recorded plot thereof, said Washington County; and lying within a parcel of land described as follows; Beginning at the above described "Point A°; thence southeasterly along the above described "Line 1" a distance of 182.09 feet; thence northeasterly at o right ongle o distance of 20,00 feel to a point hereinafter described as "Point B "i thence northwesterly, parallel with said "Line 1" to the east line of sold GROVELAND COTTAGES; thence southerly along said east line to the point of beginning, EASEMENT T _ A temporary easement for construction purposes over, under, across and through the following described property: That port of the west 960.00 feet of the Northwest Quarter of the Southwest Quarter of Section 22, Township 27, Range 21, Washington County, Minnesota, lying northeasterly of the first above described permonent easement; lying southeasterly of the second above described permanent easement; and tying southwesterly of a line described as follows: Beginning of the above described "Point B'; thence southeasterly to a point on said "Line 1" o distance of 373.03 feet from said "Point A ", as measured along said "Line 1 ", E Said temporary easement expires on December 31, 2014, V h CEER71FICAl ION: On behalf of Bolton & Menk, Inc,: I I hereby certify that this survey, plan or report was prepared by me or under my direct supervision, and that I am a duly Licensed Land Surveyor under the lows of the State of Minnesota. November 13, 2012 r M z O -P N Rich'fir.� Witlforns, Jr. Minnesot icense Number 9840 REVISED: DESCRIPTION & GRAPHIC (11/21/2012) REVISED: EASEMENT P _ DESC. & GRAPHIC (11/26/2012) & Menk, Inc. 2012, All Rights Reserved EASEMENT EXHIBIT COTTAGE GROVE, MN BCULTCJN 4& MENK, lNC. Consulting Engineers & Surveyors 12224 NICOLLET AVENUE S, BURNSVILLE, MN 55337 (952) 890--0509 MANKATO, FAIRMONT, SLEEPY EYE, BURNSVILLE, WILLMAR, CHASKA, RAMSEY, MAPLEWOOD, BAXTER, ROCHESTER, MINNESOTA & AMES, SPENCER, IOWA PART OF: W. 960 FT, OF NW 1/4 OF SW 1/4 SEC. 22, TWP. 27, RGE 21 WASHINGTON COUNTY, MN N I N v I 1 1 04 N FOR; CITY OF COTTAGE GROVE JOB NUMBER: N15.104975 FIELD BOOK: DRAWN UY: ERW SHEET 1 OF 2 SHEETS EXHIBIT C t.a _--- - �;; 50 L 0 'r W { 0 1 - W r cr t K J� z m r, :3n I u- oa -- o u K) 1 t'o o a z' ci . , , z N j Fz I ,,• ��N F- { w O N +� w 0.0 1 E,J O t11 I I A { 50 Y j: I N N 0 N 1 N N I 0 120 240 = ty� SCALE IN FEET ROW EASEMENT �7O } `�+' PERMANENT RIGHT OF WAY, DRAINAGE &UTILITY j EASEMENT (19,923 SO. FT.) - EASEMENT P PERMANENT DRAINAGE & UTILITY EASEMENT (3,789 SO. FT.) ® TEMP�OR CONSTRUCTION EASEMENT (1,909 SO, FT,) @Bolton & Menk, Inc, 2012, All Rights Reserved EASEMENT EXHIBIT COTTAGE GROVE, MN BCQL.TC)N 8L MENK, 1"C:. Consulting Engineers & Surveyors 12224 NICOLLET AVENUE S, BURNSVILLE, MN 55337 (952) 890 --0509 MANKATO, FAtRMONT, SLEEPY EYE, BURNSVILLE, WILLMAR, CHASKA, RAMSEY, MAPLEWOOD, BAXTER, ROCHESTER, MINNESOTA & AMES, SPENCER, IOWA C 11 �1 I \ \ N o Ban PART OF: W. 960 FT. OF NW 1/4 OF SW 1/4 SEC. 22, TWP, 27, RGE 21 WASHINGTON COUNTY, MN FOR: CITY OF COTTAGE GROVE r z- n << 1 LAND CONVEYED TO NORTHWESTERN BELL TELEPHONE COMPANY PER DOC, NO. 262283 'n F m Z a 4� 4� N N N I N v I N i W ro JOB NUMBER: N15.104975 FIELD BOOK: DRAWN BY: ERW SHEET 2 OF 2 SHEETS