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Home My WebLink About09A Easement Vacation & Termination of Subdivision Agreement Cottage J Grove �here Pride anaQ�pSPerity Meet Clty COUnCI� Action Request Form Meeting Date 7/20/2016 Department Community Development Agenda Category Public Hearings Title Vacation & Discontinuance of Utility & Drainage Easements at 7007 East Point Douglas Road and Termination & Release of Subdivision Agreement Staff Recommendation 1) Hold the public hearing to vacate and discontinue all existing drainage and utility easements located upon property at 7007 East Point Douglas Road; and 2) Adopt Resolution No. 2016-XXX approving the vacation and discontinuance of all drainage and utility easements located upon property at 7007 East Point Douglas Road as described in Document No. 437987, November 17, 1982, and in Document No. 3661810, and authorize the City Clerl< to prepare a notice to be presented to the Washington County Auditor regarding the completion of the proceedings herein. 3) Adopt the "Termination and Release of Subdivision Agreement" previously approved with Hugh D. Gibson in January 1999. Budget Implication N/A Attachments Document No. 437987—Utility Easement Document No. 3661810—Grant of Easement Draft Resolution Vacating and Discontinuing Easements Draft Termination and Release of Subdivision Agreement � Cottage J Grove �he�e Pride and P�OSPerity Meet TO: Honorable Mayor and Members of the City Council Charlene Stevens, City Administrator FROM: John McCool, Senior Planner and Christine Costello, Economic Development Director DATE: July 12, 2016 RE: Proposed Vacation and Discontinuance of Utility and Drainage Easements — 7007 East Point Douglas Road and Termination and Release of Subdivision Agreement Introduction The City Council is requested to hold a public hearing to vacate and discontinue existing public utility and drainage easements located upon 7007 East Point Douglas Road. There are two per- manent easements located on the 1.663-acre parcel that has been referred to as the Hill-Gibson property. Each easement proposed to be vacated is described below: 1) A perpetual easement 15 feet in width for public utility purposes. A temporary construction easement 25 feet in width expired on December 31, 1983. These easements were created in a Utility Easement document that was recorded at the Washington County Recorder's Office on November 17, 1982 (Document No. 437987); and 2) A permanent easement 15 feet in width and a temporary easement 25 feet in width are located along the southwest property boundary line for the property at 7007 East Point Douglas Road. Both easements were created in a Grant of Easement document that was recorded at the Washington County Recorder's Office on September 14, 2007 (Document No. 3661810). The 25-foot wide temporary easement terminated on December 31, 2008. The property boundary that these easements are located upon is shown on the location map below. I � �� — ' ii a _ I � - " w xl �` ,_ � — 6Me \ `�.` .. 1feP1ne VacateandDiscontinue - Easements - hltePi 7007 E. Point Douglas Rd � � � _ \� ., Ruby,,;'t Kohls estle ARDW I G' �,\ Culvers j�USBank , � � IorTma �� e ol ay �� I ��I I � �Oe I I ( ' I � _ \ .. �H%/ � Location Map Honorable Mayor, City Council, and Charlene Stevens Vacate and Discontinue Easements-7007 East Point Douglas Road July 12, 2016 Page 2 of 3 The illustration below shows the existing drainage and utility easements that are proposed to be vacated on property at 7007 East Point Douglas Road. These existing easements are recom- mended to be vacated and discontinued. ,;" -_ � ��, , r . I.' � �{� � r V nE�ji � ( '_ _ _ � . 1 � r l , _"'__ r .._ . <�„� ' - � . -_. r '�_ '_ __ _ __ __ __ __ ' .., _ . � �. .. .� � � �—�—.-.- • �. . . . �. —'__ T— ....__ __ _ __ __ .. . � . � . . : "� ... . -.�". � ,,...;:.. � � , . I e _"' � .., .�... . — �� . Percel�i � � � \ � '�4'�� .. .. . '�. . . 1\ I - . `�~:{� a �k'1.`3 �� `.� 1 Y� \ ` ; I 1 � ! - ,,( " \ ' .. '_ � � e > • � . ��'` � ! ' � . �� , Temporary Easement ��zi � 'i�` per poc. No. 437987 �\ � � ,i , �. East � % I ' , .�� , .�'�� ;POjnt p ta< � ; 007 �� 4g/a TemporaryEasement - .x. P""'� 9 ' ' '�- ' �Road l. . __ _ er poc. No. 437987 '`"" �� i ,P 'vsra�� . ; � \ ' . , � �fy o . ��s_,' ��h�y; ,.: . ' '� , �� , , . ,o�`��\. ,, Q ;:, �J, Easements Proposed to be Vacated Background The City Council unanimously approved Dominium's affordable senior housing rental project on May 4, 2016 (Res. No. 2016-094). As reported at that time, the proposed affordable senior rental housing project will require the relocation of certain city utilities. The existing easements bisecting this parcel will no longer be needed. The existing city utilities will be relocated to new easements that were created with the Atkinson Corner final plat. The Atkinson Corner final plat was approved by the City Council on May 4, 2016 (Res. No. 2016-094). The Public Works Department and City Engineer support Dominium's request that the aforemen- tioned drainage and utility easements be vacated and hereafter be of no fuither force or effect. Termination and Release of Subdivision Agreement Cottage Grove Leased Housing Associates I, LLLP, a Minnesota limited liability limited partner- ship ("Cottage Grove Leased Housing Associates"), has requested that the City terminate a sub- division agreement between Hugh D. Gibson and the City that was executed on January 20, 1999. This agreement was recorded on June 28, 1999, in the Office of the Recorder in and for Washington County, Minnesota, as Document No. 3055257, which set forth certain approvals and requirements relating to property that they will own. Cottage Grove Leased Housing Associates Honorable Mayor, City Council, and Charlene Stevens Vacate and Discontinue Easements-7007 East Point Douglas Road July 12, 2016 Page 3 of 3 has signed the Development Agreement, Declaration of Restrictive Covenants, and Assessment Agreement for the Dominium project here in Cottage Grove. The TIF Note and Investment Letter will be signed once all the conditions specified in the Development Agreement have been satisfied. Recommendation 1. The City Council hold the public hearing to vacate and discontinue all existing drainage and utility easements located upon property at 7007 East Point Douglas Road; and 2. Adopt the resolution approving the vacation and discontinuance of all drainage and utility ease- ments located upon property at 7007 East Point Douglas Road as described in Document No. 437987, November 17, 1982, and in Document No. 3661810, and authorize the City Clerk to prepare a notice to be presented to the Washington County Auditor regarding the completion of the proceedings herein. 3. Adopt the "Termination and Release of Subdivision AgreemenY' previously approved with Hugh D. Gibson in January 1999. Attachments: Document No. 437987 — Utility Easement Document No. 3661810 — Grant of Easement Draft Resolution Vacating and Discontinuing Easements Draft Termination and Release of Subdivision Agreement . ...; :. . . . ,... .. .. ,�. . <. : ;. ;. r � � � ' �Co-.'Y�VV� . . . . • .. . . UTILITY BA3BIHSNT WHEREAS, the Btate of M9nnesota by its Commisstoner of Transportation has established and designated a new route of Trunk Highway No. 6f in W&shington Courity, Minnesota, and WFIERBAS, the new designated route of Trunk Highwey No. 6i requ[res a relocation df certein of the municipal utility lines owned arid operated by the City of Cottege C3rove, and WHEREAS, it is necessary that the City of Cottege Geove acquire for publfc utility purposes, the hereinafter deseribed paneels or tracts situated in the County of Washington, State of Minnesota, described es follows, to-wi4: (See Exhibit A attached hereto and made a part hereof.) NOW, THEREFORE, Donald S. Gtbson, single, Party of the First Part, for valuable consideration, hereby grants, bargains, eonveys, and quitclatms to the City of Cottage Grove, a Minnesota Municipai Ccrporation, Party of the Second Part, the temporary and permanent easements set forth and deseribed in Exh�bit A attached hereto and made a part hereof by reference. Dated: DCi7 �� %� , 1982. s�� s°�� Donald S. Gibson The foregoing instrurnent was acknowledged before me this /� day of�, 1982, by Donald S. Gibson, single. �a�� 1a � Notary PubIic This Instrument Drafted By: � ,/"�*^';i CAROI AMACMER Darrell K. Morse � �'�� wA9HIN(il'ON COUNri 7200 80th Street South _.,, �y.c,,,,�,E,r„�„y, a ,� Cottage Grove, Minnesota 55016 ^�^�• State Deed Tax Due Hereon: None. � ; , .. 'i) liV 9.'1?;:v:' ?I;kl Iil�i U:i;.i J1A;il1'l:x(i7'ON CUiJi4TTY, 1:�_Ci;i:?;SO`1'F� 7t�o-✓. I b ].9 �a- 'I.'. R. CSI�ix,'�;Ui;,`r.2, A[J,il"'POR � I3Y�r�xds��l. r'k.h.�-G.� DEPUTY Donald S. Gdbson A perpetual ea�ement 15 feet in width fox public utility purpose5 and a temporary eonstruetton easement 25 fe�t tn width aver, unc�er and across #hat part of the Southwest quarter of the Southwest quarter of Seetion 8, Township 27 North, Rt�nge 2f West, Washington County, Mfnnesota hereinafter descrjbed sdjdinin�g and lyin� Northeasteriy of a boundary line of Minnesota Degartment of Tr�nspor.tation Rfght of Way Plst N'o. 62-20 aacording #o the reeorded plat thereof on file ln the Office of the Washingtan Courrty Reaorc�er. Said bauntiary line 1s desigristed on safd piat by boundary eorner numbers 8-1918 and �-li. The easements lfe witt�in the houndary of the foilowing described parcel of land: commeneing at point an West line of the Souihwest Quarter �f the Southwest Quarter of Seetipn 8 at s point 2 ro@s South of Northwest corner thereof; thenee East on a Iine parallel with the North l.ine of said tr�et 8.5U chains to point; thence South 7° East 11.92 chains• thence South 67° West 3.25 ehains; thence 5outh 22�° �ast 2 rads; thence South 67a West 5075 �hafr�s; thence South 56° West to the North side of Pt. Douglas and St. PaUI Road; thence Narthwesterly along the Kortherly line of said road to #he West line of said Southwest Quarter of Southtvest Quarter and thenee Northerly on said West line to ihe paint of beginning. �aid 15 feet i� width and said 25 feet in width are measured perpendicular to said aoundary line oY Minnesota Department of `i'ransportatfon Right of Way Plat I3o. 82-2�. �aid temporary construetion easement to expire Decembec 3Z, I983. C7 V r- 'Y ir O N O O (J M O C �"! r1 rr O tn C a C � a, t � 0'�.� co r=,•�' � n { � H y o y m O � � a :� � .3 a' � G') .. (D r p � � f G � 3 0 " 'i U. i-�- .. ,� a � � n Q Cfl O � {i [J,� �, c ,'c = � � CJ K SU O l � c o � �i ^' - „�-c ` (j Z � f � �c"- � � v � n � Pf A7 Ln � V �= � '.-x :? � ? 'o' � � O O o ' IQ./ Y � y o C � I� O �/7 �. r�{ +("] � C7 G. y � � N � ^J (n l"� � Q � � � �� ^' O �' rK > > F.. _ '� � ^ S-! - - 6� GT At ? _ "-'. '� :� � �' - - i o � r�ry ( " ? ` 1 ~ vY �- n "' - = � � c � n = b z � � � r, : � � y �� O � Q � � n ^ c > co ^ • � 4 �n � ' 366181 � i Receipt#: 48234 I EAS $46.00 , Certified Filed and/or CRV Not Required 9l14l2007 11:1 No Delinquent Taxes 3661811 Transfer Entered Exempt from Tax Office of the County Rea,m co: Property Records 8 Taxp CIttOFCOTfAGEGROVE WashingtonCoun� �516 80TH ST S COTTAGEGROVEMN55016 KevinJCorbid, Counlr, �-- ---- -- --- -- _. . .. . . EASEMENT $46. CITY OF COTTAGE GROVE GRANT OF EAS�iT THIS AGREEMENT made this 3�� day o£ August, 2007 by and between Thomas J. Ott, a/k/a Thomas John Ott, and Pamela J. Ott, a/k/a Pamela Jean Ott, his wife, Grantors, and the City of Cottage Grove, a municipal corporation, under the laws of the State of Minnesota, Grantee. WHEREAS, the Grantors in consideration of One Dollar ($1 . 00) to him paid in hand by Grantee and further good and valuable consideration, the receipt of which is hereby acknowledged, hereby grants and warrants to said Grantee, its successors and assigns, a permanent easement for sanitary sewer purposes over the property described as permanent easement in attached Exhibit A as Description One and commencing on this date and continuing until December 31, 2008 the temporary easement described as Description Two for the property described as Description Two in Exhibit A attached hereto. �'"/ homas . Ott 7�Z,�/�t�C� �`��.. "' Pamela S. Ott STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this 30�day of August, 2007, by Thomas J. Ott and Pamela J. Ott, ,his wife. �'��- L�7Gl�Y �� TERESA LOUIuE KELLER r^,•�F Notary Pllb11C ��a NOTARYPUL'UC•MNiBESQI'A `�',r.,1��;� tAYCOiv?PoSS'a.r,lON Drafted By• '�'Li..:% EHPIRESJAN.31,2012 John F. Gerten Gerten & Van Valkenburg, P.A. . � 303 East Little Canada Road St. Paul, MN 55117 Attorney ID No. 34356 This easement is hereby accepted by the City of Cottage Grove. CITY OF CO AG / ROVE By: AEAL ESTATE\FRATT\Ftatt.Southpoint-CG.GintEsmnt STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoinp, instrument was acknowledged before me this llth day of September 2007 by Ryan R. Scfiroeder, City Administrato� t e City of Cottage Grove. ~ ' NEIL R.BELSCAPflPER Notary Pu c � No4aryPublic AAinnasoea . " Pit/CmmiroionEWcesJamaN31�2010 r' � EXHIBIT A THOMAS J. OTT TO CITY OF COTfAGE GROVE DESCRIPTION ONE Permanent Easement That part of the west 5 feet of the Southwest Quarter of the Southwest Quarter of Section 8, Township 27, Range 21 , and that part of the Southeast Quarter of the Southeast Quarter af Section 7, Township 27, Range 21 , Washington County, Minnesota, described as follows: Beginning at Point B1915 as shown on Minnesota Department of Transportation Right of Way Map No. 82-20, being a point on the east fine of Lot 2, Block 2, FRATTALONE'S SOUTHPOINT R1DGE; thence on an assumed bearing of South 00 degrees 11 minutes 09 seconds West along said east line 25.08 feet; thence South 42 degrees 36 minutes 47 . seconds West along the southeasterly line of said Lot 2 a distance of 165.82 feet to the northeasterly line of U.S. Highway No. 61 ; thence South 56 degrees 42 minutes 12 seconds East along said northeasterly line 133.56 feet to the east line of said Southeast Quarter of the Southeast Quarter; thence North 00 degrees 11 minutes 09 seconds East along said east line 23.15 feet; thence North 56 degrees 37 minutes 31 seconds West 82.62 feet; thence North 10 degrees 04 minutes 03 seconds West 37.26 feet to a line drawn parallel with and distant 5 feet southeasterly of said southeasterly line of Lot 2; thence northeasterly along said parallel line 119.73 feet to a line drawn parallel with and distant 5 feet east of said east line of Lot 2; thence northeasterly parallel with said east line of Lot 2 a distance of 25.45 feet to the south line of Parcel 43C as shown on said Minnesota Department of Transportation Right of Way Map No. 82-20; thence northwesterly along said sauth line 5.24 feet to the point of beginning. DESCRIPTION TWO Temporarv Easement That part of the Southeast Quarter of the Southeast Quarter of Section 7, Township 27, Range 21 , Washington County, Minnesota, lying northeasterly of the above described permanent easement and southwesterly of the following described line: Commencing at the intersection of said nor#heasterly line of U.S. Highway No. 61 and said east line of the Southeast Quarter of the Southeast Quarter of Section 7; thence North 00 degrees 11 minutes 09 seconds East along said east line 35.10 feet to the point of beginning of said line to be described; thence North 56 degrees 37 minutes 31 seconds West 71.78 feet; thence North 10 degrees 04 minutes 03 seconds West 40.58 feet to the east line of said permanent easement and there terminating. REAL ESTATE\Fratt.Southpoint.OttLegal % /� � \ \ U � / V V \ �;� � � , E '(y ��ne a L�+ �, arce , 6fol�k 2 � .�-� IRtS S� �, S p_��_oy ''"�s. Z� 2s. g - ' �`�,\ » I�5 �- \ —» . 1..6-f � / � J�N / � � � ock Z � � � / I"RH7i/� �oNE ' S � / S ov 7�H p o i N -i- / � �, / �� J R » � � �, � w _ . � ,� � N U �� '� : c� • � / / ��\ �h�ov s \ � c� o'� y � � t.L � � oF V ,R1 / � � � � ;.� ti'�° �`_��2.5� ' " �`� �}- o � �\-i �j� ' �1 .'� I °' �, \ Y 0 S {�'� z � $ TemP °r°�y � � o � o w� �, aserr, ent . ;� �n ,' � � � E � � c�.. ' � � W ' . � ` �� ° .` � . o � ` >, � Q .� d- � `�'s6 �8 �,`�� l � �>_ O V �{`,� S`S6 , 3�G� • � � S ' -�- I I.as tn y /hp R2/ � ` • ° 2F �� 6 i� �j� Z i� _ v�-- �� 6/�`�`�S ` `'N o �( , 6\ — � � � V� N o , ` � _ . ss �� - . � � I s DL[!ND °° Frattalone's Southpoint Ridge 06/1i ENC/N£ER/NC SURlEYlNC DRIVE Temporary Construction Easement Re ;oTn ss,zz 405-6600 5-6606 QQ/�� RESOLUTION NO. 2016-XXX A RESOLUTION VACATING AND DISCONTINUING ALL PUBLIC DRAINAGE AND UTILITY EASEMENTS DESCRIBED IN DOCUMENT NO. 437987 AND DOCUMENT NO. 3661810 ON PROPERTY AT 7007 EAST POINT DOUGLAS ROAD SOUTH WHEREAS, the City of Cottage Grove has applied to vacate and discontinue all public drainage and utility easements on properties at 7007 East Point Douglas Road South (PIN 08.027.21.33.0043). Utility and drainage easements proposed to be vacated and discontinued are located upon the following legally described property: Those parts of the Southeast Quarter of Section 7 and the Southwest Quarter of the Southwest Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, described as: Commencing at a point on the West line of said Southwest Quarter of the Southwest Quarter of Section 8, distant 33.00 feet South of the Northwest corner of said Southwest Quarter of the Southwest Quarter of Section 8; thence on an assumed bearing of North 89 degrees 00 minutes 10 seconds East, along a line parallel with the North line of said Southwest Quarter of the Southwest Quarter of Section 8, a distance of 561.00 feet; thence South 7 degrees 59 minutes 50 seconds East, a distance of 786.72 feet; thence South 66 degrees 00 minutes 10 seconds West, a distance of 214.50 feet; thence South 23 degrees 14 minutes 50 seconds East, a distance of 33.00 feet; thence South 66 degrees 00 minutes 10 seconds West, a distance of 379.50 feet to the point of beginning of the land to be described; thence South 55 degrees 00 minutes 10 seconds West, a distance of 47.91 feet to the most Northerly corner of Parcel 43D, Minnesota Department of Transportation Right of Way Plat No. 82-20 according to the recorded plat thereof; thence North 57 degrees 31 minutes 02 seconds West, along a Northerly line of Parcels 43U and 43C, said Minnesota Department of Transportation Right of Way Plat No. 82-20 and along a Northerly line of Parcel 43C, Minnesota Department of Transportation Right of Way Plat No. 82-19, a distance of 241.08 feet to the most Northerly corner of said Parcel 43C, Minnesota Department of Transportation Right of Way Plat No. 82-19; thence North 39 degrees 21 minutes 23 seconds East, along the Northeasterly extension of the Northwesterly line of Parcel 43C, Minnesota Department of Transportation Right of Way Plat No. 82-19, a distance of 174.55 feet to the East line of said Southeast Quarter of the Southeast Quarter of Section 7; thence North 0 degrees 37 minutes 41 seconds West, along said East line of the Southeast Quarter of the Southeast Quarter of Section 7, a distance of 13.55 feet to a Southwesterly corner of Parcel 43C, Minnesota Department of Transportation Right of Way Plat No. 82-20; thence South 73 degrees 11 minutes 53 seconds East, along a Southwesterly line of said Parcel 43C, Minnesota Department of Transportation Right of Way No. 82-20, a distance of 432.45 feet to its intersection with a line which bears North 66 degrees 00 minutes 10 seconds East from the point of beginning; thence South 66 degrees Resolution No. 2016-XXX Page 2 of 3 00 minutes 10 seconds West, a distance of 308.59 feet to the point of beginning. Except that part platted as Frattlone's Southpoint Ridge. WHEREAS, a notice of public hearing was published in the South Washington County Bulletin on July 6, 2016, and July 13, 2016; and WHEREAS, on or about October 12, 1982, Donald S. Gibson, an individual and prior owner of the Property, granted to the City those certain temporary and permanent easements (the "Temporary EasemenY' and the "Permanent Easement") described in that certain Utility Easement, recorded November 17, 1982, in the Office of the Recorder in and for Washington County, Minnesota, as Document Number 437987 (the "EasemenY'). The Temporary Easement expired under the terms of the Easement on December 31, 1983; and WHEREAS, on or about August 30, 2007, Thomas J. Ott a/k/a Thomas John Ott, and Pamela J. Ott, a/k/a Pamela Jean Ott, both individuals and the prior owners of the Property, granted to the City those certain temporary and permanent easements (the "Temporary EasemenY' and the "Permanent EasemenY') described in that certain Grant of Easement, recorded September 14, 2007, in the Office of the Recorder in and for Washington County, Minnesota, as Document Number 3661810 (the "EasemenY'). Temporary Easement expired under the terms of the Easement on December 31, 2008; and WHEREAS, Cottage Grove Leased Housing Associates is the owner of that certain real property located in Cottage Grove, Minnesota, legally described above (the "Property"); and WHEREAS, The City and Cottage Grove Leased Housing Associates mutually desire to terminate the Easement and to release the rights and obligations thereunder: and WHEREAS, on July 20, 2016, the City Council held the public hearing on the proposed vacation of all public drainage and utility easements described in that certain Utility Easement, recorded November 17, 1982, in the Office of the Recorder in and for Washington County, Minnesota, as Document No. 437987 and described in that certain Grant of Easement, recorded September 14, 2007, in the Office of the Recorder in and for Washington County, Minnesota, as Document No. 3661810 for property located at 7007 East Point Douglas Road South; and WHEREAS, written or oral testimony was not received from the general public opposing said easement vacations. No public testimony was received. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, Washington County, Minnesota, that the drainage and utility easements on property at 7007 East Point Douglas Road (PIN No. 08.027.21.33.0043) and legally described above are now vacated and discontinued and hereafter be of no further force or effect.. BE IT FURTHER RESOLVED, that the City Clerk shall prepare a notice to be presented to the Washington County Auditor reflecting the completion of the proceedings herein. Resolution No. 2016-XXX Page 3 of 3 Passed this 20th day of July, 2016. Myron Bailey, Mayor Attest: Joe Fischbach, City Clerk NOTICE OF COMPLETION OF VACATION CITY OF COTTAGE GROVE COUNTY OF WASHINGTON — STATE OF MINNESOTA To Whom It May Concern: Please take notice: 1) Pursuant to Minn. Stat. 412.851 the City of Cottage Grove initiated the vacation and discontinuance of certain utility and drainage easements described below: Those parts of the Southeast Quarter of Section 7 and the Southwest Quarter of the Southwest Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, described as: Commencing at a point on the West line of said Southwest Quarter of the Southwest Quarter of Section 8, distant 33.00 feet South of the Northwest corner of said Southwest Quarter of the Southwest Quarter of Section 8; thence on an assumed bearing of North 89 degrees 00 minutes 10 seconds East, along a line parallel with the North line of said Southwest Quarter of the Southwest Quarter of Section 8, a distance of 561.00 feet; thence South 7 degrees 59 minutes 50 seconds East, a distance of 786.72 feet; thence South 66 degrees 00 minutes 10 seconds West, a distance of 214.50 feet; thence South 23 degrees 14 minutes 50 seconds East, a distance of 33.00 feet; thence South 66 degrees 00 minutes 10 seconds West, a distance of 379.50 feet to the point of beginning of the land to be described; thence South 55 degrees 00 minutes 10 seconds West, a distance of 47.91 feet to the most Northerly corner of Parcel 43D, Minnesota Department of Transportation Right of Way Plat No. 82-20 according to the recorded plat thereof; thence North 57 degrees 31 minutes 02 seconds West, along a Northerly line of Parcels 43U and 43C, said Minnesota Department of Transportation Right of Way Plat No. 82-20 and along a Northerly line of Parcel 43C, Minnesota Department of Transportation Right of Way Plat No. 82-19, a distance of 241.08 feet to the most Northerly corner of said Parcel 43C, Minnesota Department of Transportation Right of Way Plat No. 82-19; thence North 39 degrees 21 minutes 23 seconds East, along the Northeasterly extension of the Northwesterly line of Parcel 43C, Minnesota Department of Transportation Right of Way Plat No. 82-19, a distance of 174.55 feet to the East line of said Southeast Quarter of the Southeast Quarter of Section 7; thence North 0 degrees 37 minutes 41 seconds West, along said East line of the Southeast Quarter of the Southeast Quarter of Section 7, a distance of 13.55 feet to a Southwesterly corner of Parcel 43C, Minnesota Department of Transportation Right of Way Plat No. 82-20; thence South 73 degrees 11 minutes 53 seconds East, along a Southwesterly line of said Parcel 43C, Minnesota Department of Transportation Right of Way No. 82-20, a distance of 432.45 feet to its intersection with a line which bears North 66 degrees 00 minutes 10 seconds East from the point of beginning; thence South 66 degrees 00 minutes 10 seconds West, a distance of 308.59 feet to the point of beginning. Except that part platted as Frattlone's Southpoint Ridge. Notice of Completion of Vacation July 20, 2016 Page 2 of 2 2) Notice of hearing of said vacation and discontinuance was duly published, posted, and mailed in accordance with applicable Minnesota Statutes, and the public hearing was held on the 20th day of July, 2016. 3) The City Council of the City of Cottage Grove proceeded to hear all persons interested in said vacation and all persons interested were afforded an opportunity to present their views and objections to the proposed drainage and utility easement vacations and discontinuous. 4) That on the 20th day of July, 2016, the City Council of Cottage Grove pursuant to Minn. Stat. 412.851 did adopt Resolution No. 2016-XXX and did thereby vacate and discontinued the utility and drainage easements described above. Dated this 20th day of July, 2016. City of Cottage Grove By Joe Fischbach, City Clerk �Reserved fnr rcrording dala.� THIS 1NSTRUMENT WAS PRI:PARF,D BY AND SIIOULD I3r RETURNED APTTR R�CORDING TO: Winthi•op & Weinstinc,P.A. (JJP) 225 South Sixth Street, Suite 3500 Minneapolis, Minnesota 55402 T�RMINATION ANll 1ZELEASE OF SUBDIVISION AGR�EMENT THIS TERMINATION AND RELEASE OF SUBllNISION AGREEMENT (this "Termination") is made and given this day of , 2016 (the "�ffeetive Date"), by and between the City of Cottage Gi•ove, a Minnesota municipal corporation ("City") and Cottage Grove Leased Housing Associates I, LLLP, a Minnesota limited liability limited partnership ("Cottage Grove Leased Housing Associates"). A. Cottage Grove Leased Housin� Associates is the owner of that certain real property located in Cottage Girove, Minnesota, legally described on Exhibit A attached hereto (the "Property"). B. On or about January 20 , 1999, Hugh D. Gibson, an individual and a prior owner of the Property, enler into with the City Yhat eertain Subdivision Agreenlent (the "Subdivision AgreemenY'), recorded June 28, 1999, in the Office of the Recorder in and for Washington County, Minnesota, as Document Number 3055257, which set forth certain approvals and requirements relaCing to, among other real property,the Property. C. The City and Cottage Grove Leased Housing Associates plan to enter into certain agreements relating to the development of the Property by Cottage Grove Leased Housing Associates. D. As a result of the foregoing, the City aud Cottage Grove Leased Housing Associates mutually desire to terminate the Subdivision Agreement and to release the rights and obligations thereunder. NOW, THEREFORE, in consideration of tlie premises and thc mutual promises set forth herein, and other good and valuable considcratiou, the receipt and sufficiency of whieh is hereby acknowledged: 1. Recitals. All recitals set forYh above are incorporated as if fully set forth herein. 2. Termination and Release of the Subdivision Agreement. The Ciiy and Cottage Grove Leased Housing Associal'es hcreby tnutually agree to terminate and release the Subdivision Agreement vid the rights and obligations ihereLmder in all respects as of the �ffective Datc, and tlie Subdivision Agreement shall hereafter be of no further force or effect. 3. Counterparts. This Termination may be executed in counterpai�ts, which together shall be deemed one and thc saine insh�tiiment. ]7923520v1 [SIGNATURE PAGES TO FOLLOW] IN WITNESS WHEREOF, the City and Cottage Grove Leased Housing Associates each exccute this TERMINATION AND RELEASE OF SUBDIVISION AGR�EMENT as of the day and year first written above. CITY: The City of Cottage Grove, a Mimiesota municipal co�poration, By: Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) 'I'he foregoing instrument was acknowledged before me this day of , 2016, by , the of the City of Cottage Grove, a Minnesota inunicipal coiporation, on behalf of the city. Notary Public [SIGNATUR� PA(.� TO TEI2MINATION AND RF.LEASE OF SUBDIVISION AG12�EMENT] COTTAGE GROV� L�ASF.D HOUSING ASSOCIATI;S: Cottage Grove Lcased Housing Associates I, LLLP, a Minnesota limited liability limited partncrship By: Coltage Grove Leased Housing Associates I, LLC Its: General Partner By: Mark S. Moorhouse Its: Senior Vice President STATE OF MINNESOTA ) ) ss. COUNTY OF HrNNEPIN ) The foregoing insh�ument was acknowledged bePore ine this day of , 2016, by Mark S. Moorhouse, the Senior Vice President of Cotlage Grove Leased Housing Associates I, LLC, the general parhier of Cottage Urove Leased Housing Associates I, LLLP, a Minnesota limitad liability]imited partncrship, on be]ialf of the IimiYed liability limited partnership. Notary Public �XHIBIT A (Legal Description) Those parts of the Southeast Quartcr of the Southeast QuarCer of Section 7 and the Southwest Quarter of the Southwest Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, described as: Commencing at a point on the West line of said Southwest Quarter of the Southwest Quarter of Section 8, distant 33.00 feet South of the Norihwcst corner of said Southwest Quarter of the Southwest Quarter of Section 8; thence on an assumed bearing of North 89 degrees 00 minutes 10 seconds �ast, along a line parallcl with the North line of said Southwest Quarter of the Southwest Quarter of Section 8, a distance of 561.00 feet; then South 7 degrees 59 minutes 50 second East, a distance of 786.72 feet thence South 66 degrees 00 ininutes 10 seconds West, a distancc of 214.50 feet; thenee South 23 degrees 14 minutes 50 seconds �ast, a distance of 33.00 feet thence Sout'I� 66 dcgrees 00 minufes 10 seconds West, a distance of 379.50 feet to the point of begiiming of the laud to be described; thence South 55 degrees 00 nlinuCes 10 seconds Wcst, a distance of 47.91 feet to the most Northerly corner of Parcel 43D, Minnesota Department of Transportation I2ight of Way Plat No. 82-20, according to the recorded plat tliereof; thence North 57 deg•ees 31 minuCes 02 seconds West, along a NorCherly line of Parecls 43U and 43C, said Minnesofa Department of Transportation Right of Way Plat No. 82-20 and along a Northerly line of Parcel 43C, Minnesota Dcpartment of Transportation Right of Way Plat No. 82-19, a distance of 241.08 feet to the most Northerly corner of said Parcel �43C, MinnesoYa Department of Transportation Right of Way Plat No. 82-19; thence NorYh 39 degrees 21 minutes 23 seconds East, along the Northeasterly extension of the Narthwesterly line of Parcel 43C, Minnesota Department of Transportation Right of Way Plat No. 82-19, a distance of 174.55 feet Yo the East line of said Southeast Quarter of the Southeast Quarter of Section 7; thence North 0 degrees 37 minutes 41 seconds West, along said East line of the Sotttheast Quarter of the Southeast Quarter of Section 7, a distance of 13.55 feet to a Southwesterly corner of Parcel �43C, Minnesota Departmant of TransporCalion Right of Way Plat No. 82-20; thence South 73 degrees 11 minutes 53 seconds EasC, along a Southwesterly line of said Parcel 43C, Mimiesota Department of Transportation Right of VJay Plat No. 82-20, a distauce of 432.45 feet to ifs intersection with a liue which bears North 66 deg-ees 00 minutes 10 seconds East fi•om the point of beginning; thence South 66 degrees 00 minutes 10 seconds West, a distance of 308.59 feet to the point of begimiing. Except that pait platted as Fratta]one's Southpoint Ridge.