HomeMy WebLinkAbout2016-03-01 WC Recorded Document #4058938 Amended DA Receipt:#315736 4058938
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4058938
Office of the County Recorder
Washington County,Minnesota
Jennifer Wagenius,County Recorder
NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned,being duly qualified and acting as City Administrator for the City of Oak
Park Heights,Minnesota DO HEREBY CERTIFY that the attached document:
City of Oak Park Heights
Washington County, Minnesota
Amended Developer's Agreement
ISD#834—Stillwater Area High School
Expansion&Modifications
made and entered into the 23rd day of February,2016,by and between the City of Oak Park
Heights and Independent School District#834,has been placed on file at the offices of the City of
Oak Park Heights, and that the same is a full,true and complete original of said document within
the files of the City of Oak Park Heights.
WITNESS my hand and the seal of the City of Oak Park Hei;.ts, •'s 26th day of February,
2016. / }=4
? .y
Eric o . son, City Administtitor`•
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CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
AMENDED DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this `l 7 day of ft , 2016, by and
between the City of Oak Park Heights, a municipal corporation under the laws of the State of
Minnesota(the"City"), and Independent School District 834,(the"Developer").
WITNESSETH;That:
WHEREAS, the Developer has made application to the City Council for approval of an
Amended Conditional Use Permit implementing various site improvements consisting of:
1. 19 new classrooms
2. 22 renovated classrooms
3. 4 new gym teaching stations and a dedicated gymnastics gym
4. Expanded food service within the existing building
5. 6 additional buses
6. 30 additional teachers
7. 4 turf fields to provide better utilizatio) f play/performance space for
additional and current student use
all of which also impact transportation and roadway systems entering into the site, storm water
management and a number of site related issues; and
WHEREAS, all of the aforementioned improvements are to be made upon land located in
the City of Oak Park Heights as owned by the Developer legally described as follows:
See Attached Exhibit"A"
(the"Site"); and,
WHEREAS, the City Council has on November 10, 2015, granted approval to the
Amended Conditional Use Permit, on the condition that the Developer enter into this Agreement
stipulating the conditions for the installation of street, water, sewer and other public improvements
as well as the development of on-site improvements hereinafter described, all in accordance with
the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions hereinafter contained,it is hereby agreed as follows:
Designation of Improvements: Improvements to be installed at Developer's expense by the
Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements".
Improvements to be installed by the City and paid for by Developer are hereinafter referred to as
"Plan B Improvements".
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1. PLAN A IMPROVEMENTS: The Developer will construct at Developer's
expense the following improvements under Plan A according to the following terms
and conditions:
A. The Developer shall do all site grading,common greenway and open spaces,
storm water storage ponds, surface drainage ways and all private driveways
including sodding of boulevards, all in accordance with the approved
grading, drainage and site plan. A grading plan with maximum two(2) foot
contours,pad elevations, drainage provisions, erosion control provisions and
cross sections, as necessary, shall be submitted to and approved by the City
prior to commencement of any site grading. Any changes to the grading
plan during construction shall be submitted to the City for approval. Each
building site must conform to the grading plan approved by the Building
Inspector of the City of Oak Park Heights prior to a building permit being
issued.
B. The Developer shall control soil erosion ensuring:
1. All development shall conform to the natural limitations presented
by the topography and soil of the site in order to create the best
potential for preventing soil erosion. The Developer shall submit an
erosion control plan, detailing all erosion control measures to be
implemented during construction, said plan shall be approved by the
City prior to the commencement of site grading or construction.
2. Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as
required by the City Engineer shall be installed prior to development
and as may be necessary to control erosion.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall be
exposed at any one period of time.
4. Where the topsoil is removed, sufficient arable soil shall be set aside
for respreading over the developed area. The topsoil shall be
restored to a depth of at least four(4)inches and shall be of a quality
at least equal to the soil quality prior to development.
5. The Developer shall not locate its equipment within the right-of-way
of 58th Street as acquired by the City of Oak Park Heights adjacent
to this development without the express written consent of the City
Engineer.
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C. The Developer shall place iron monuments at all lot and block corners and at
all other angle points on boundary lines. Iron monuments shall be replaced
after all street and lawn grading has been completed in order to preserve the
lot markers.
D. The Developer shall be responsible for maintaining the location of and
protecting curb stops, water services and sewer services. Any service or
curb stop damaged shall be repaired or replaced as specified by the City and
at Developer's sole expense. The Developer shall make all necessary
adjustments to the curb stops to bring them flush with the topsoil (after
grading)or driveway surface.
E. The Developer shall be required to provide landscaping and screening as
determined by the City and as required by the ordinances of the City. Final
landscaping plans must be submitted to the office of the City Planner for
approval.
F. The Developer shall be responsible for street maintenance, including curbs,
boulevards, sod and street sweeping until the project is complete. All streets
shall be maintained free of debris and soil until the site is completed.
Warning signs shall be placed when hazards develop in streets to prevent the
public from traveling on same and directing attention to detours. The repair
of any damage done to the streets or public utilities by Developer or any of
its Contractors or Subcontractors, shall remain the financial responsibility of
the Developer.
G. The Developer shall furnish site lighting in accordance with the City
Ordinance requirements pursuant to a plan which must receive the approval
of the City Planner.
General Requirements:
H. The Developer shall dedicate or convey by easement and survey those
drainage and storm water holding ponds as required by the City. The
Developer shall be responsible for storm sewer cleaning and holding pond
dredging, as required, by the City prior to completion of the development
and thereafter as to all ponds not dedicated or conveyed by easement to the
city.
The Developer shall be responsible for securing all necessary approvals,
PUDs, CUPs and permits from all appropriate federal, state, regional and
local jurisdictions prior to the commencement of site grading or construction
and prior to the City awarding construction contracts for public utilities.
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J. Wetland Designation. All areas classified as wetlands shall be displayed
upon the survey and those so specified by the City Engineer shall be
dedicated to the public for that purpose.
K. Tree Protection and Clearing:
The Developer must have the City Arborist or a person under her
designation providing on-site supervision and direction during the clearing
process. Prior to the clearing operation being initiated all clearing limits and
trees to be protected shall be clearly marked. Tree protection fencing shall be
installed and maintained until after grading is complete. All fencing shall be
installed at least 20 feet distant from the trunks of large shade trees
(deciduous) and around coniferous trees no closer than the drip line. Silt
fencing may not be used as a substitute for tree protection fencing. Fencing
shall be orange in color with steel posts at 6-8 foot intervals. The City
Arborist shall be contacted by Developer for an inspection after the fencing
is installed. All tree replacement fees due the City pursuant to the City Tree
Protection ordinance following shall be paid within 10 days following the
Arborists certification of amounts due.
L. Warranty of Title.
By its execution hereof Developer hereby warrants and represents that it has
the exclusive and marketable fee title to the subject property. Developer
further warrants and represents that there are no liens or encumbrances
against the title and that it is fully authorized to execute this agreement as the
fee owner of the subject lands.
M. Fire Hydrants.
All fire hydrants throughout the development shall incorporate an AFC-
Waterous Storz Nozzle. The hydrant pumper nozzle shall be of one-piece
design, compatible with a five inch Storz hose coupling. The nozzle shall be
an integral part of the fire hydrants and must be furnished by the
manufacturer or authorized distributor designated by the manufacturer. Storz
adapters will not be accepted.
N. Utility Locations in City Right of Way.
In order to maintain compliance with regulations promulgated from the
Minnesota Office of Pipeline Safety the developer,its contractors,
subcontractors, and agents shall comply with the following requirements:
1. All right of way work shall require an application with a plan that
shall be submitted for city review prior to any work performed in
the right of way areas.
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2. The layout of utilities, including depths,off-sets and materials shall
be documented during construction and confirmed with city staff
during the installation process.
3. Single family residential lots are required to submit an accurate tie
card showing the utilities installed and measurements from fixed
objects(corner of house, fire hydrants, etc.)to the curb stop,
location pins, clean outs and tie in points for all utilities.
4. All properties must provide, in addition to the above,professional
as built drawings confirmed by field survey, showing the required
information. In addition Engineering grade GPS coordinates in the
Washington County coordinate system shall be supplied by the
builder. These will allow the coordinates to be electronically
incorporated in to future city mapping.
5. All installations will require pins be installed directly above all
utility lines where they cross lot lines. A corrosion protected trace
wire shall be installed six inches below final grade directly above
all new utility installations at a minimum through the right of way.
The trace wire and tail shall be terminated in a capped vertical
conduit that is within two inches of the final grade and pin located
at the lot line.
6. The Developer shall hold harmless and indemnify the City of Oak
Park Heights from any and all loss or damage resulting from its
failure to comply with these requirements including but not limited
to expenses the City incurs in correcting errors in information
provided by Developer its agents or contractors or remediating
problems resulting there from in the right of way.
7. Upon failure to provide full documentation as required the City
shall notify he Developer who shall have 30 days to secure full
compliance. Failure to comply will result in the work being
assigned by the City to an outside professional for completion of
the necessary work. Any costs incurred in resolving these
requirements shall be assessed to the property or offset from
security required under this agreement.
8. City staff shall document the time and materials required to review,
confirm and accept the installation documentation and shall
invoice Developer for the costs based on the actual work involved
or on a fee schedule adopted by the City Council.
O. Underground Installation of Electrical Distribution Lines. Pursuant to City
ordinance Chapter 1008 all electrical distribution lines including those that service
the main building and all outbuildings presently located or to be located upon the
site shall be installed and maintained underground.
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2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
1. Demolition $4,320.00
2. Landscaping $3,935.00
3. Sanitary $27,566.00
4. Erosion Control $5,300.00
5. Earthwork $27,430.00
6. Street patch&gravel etc $6,500.00
7. Sod and Seed within boundaries $11,995.00
8. Irrigation $3,535.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $85,581.00
ESTIMATED ENGINEERING,LEGAL AND
ADMINISTRATIVE(20%): $17,116.20
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $102,697.00
SECURITY REQUIREMENT(25%) $20,500.00
TOTAL PLAN A ESCROW $123,197.00
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
A. Construction. The construction, installation, materials and equipment shall
be in accordance with the plans and specifications approved by the City.
B. Inspection. All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental agency
having jurisdiction.
C. Easements. The Developers shall dedicate to the City,upon approval of the
fmal plat, at no cost to the City, all permanent or temporary easements
necessary for the construction and installation of the Plan B Improvements
as determined by the City. All such easements required by the City shall be
in writing, and in recordable form, containing such terms and conditions as
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the City shall determine. If within the platted area, all such easements shall
be conveyed to the City and specifically described.
D. Faithful Performance of Construction Contracts. The Developer will fully
and faithfully comply with all terms and conditions of any and all contracts
entered into by the Developer for the installation and construction of all Plan
A Improvements and hereby guarantees the workmanship and materials for a
period of one year following the City's final acceptance of the Plan A
Improvements. Concurrently with the execution of this Agreement,
Developer or its general contractor shall provide a Performance Bond to the
City of Oak Park Heights in a form to be approved by the City Attorney,
guaranteeing the performance by Developer of the construction of the Plan
A Improvements in a timely and proper manner. Additionally, Developer
guarantees and agrees that, should the City of Oak Park heights need to
apply a claim on said Performance Bond, that Developer shall pay all
attorney's fees and administrative expenses associated with said action.
E. Escrow. No Plan A work shall be commenced under this Agreement or
under the associated Amended Conditional Use Permit until the Developer
shall have filed with the City a cash deposit or certified check in the amount
equal to the total estimated cost of the Plan A improvements in the total
amount of$123,197.00. The City shall have the right to apply against the
Letter of Credit/cash deposit any bills incurred by the City with regard to
securing the completion of the Plan A improvements should Developer
default in its performance, In such case the City can use the payment to pay
the amount due in lieu of drawing down on the Letter of Credit or other
escrow on file with the City of Oak Park Heights until the plan A work is
completed to the City's satisfaction.
4. PLAN B IMPROVEMENTS. The following improvements will be installed by
the City at the Developer's expense according to the following terms and conditions:
1. DESCRIPTION OF IMPROVEMENT ESTIMATED COST
A. Turn lane added to E/B 58th Street at Kern $50,065.00
B. Landscaping,Earthwork and Path $44,700.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN B IMPROVEMENTS: $94,765.00
ESTIMATED ENGINEERING,LEGAL AND
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ADMINISTRATIVE(20%): $18,953.00
TOTAL PLAN B ESCROW $113,718.00
Construction. After the preparation of preliminary plans and
estimates by the City, the City Council may(if required by law) take
bids on the projects and thereafter award the contract pursuant to law
for the installation of the Plan B improvements under the City's
supervision. Upon receipt of the first bid tabulation, Developer shall
be provided a copy thereof. The Developer shall have the right to
immediately notify the City of its demand that the City reject all
bids. As it affects the first bid tabulation, the City shall honor the
Developer's wish if made to reject all bids and thereafter proceed to a
second bidding on the project. Subsequent bid tabulations may be
commented upon by Developer but the City may award to the lowest
responsible bidder of the project in the manner provided by law.
Escrow. No work shall be commenced under this Agreement or
under the associated Amended Conditional Use Permit until the
Developer shall have filed with the City a cash deposit or certified
check in the amount equal to the total estimated cost of the Plan B
improvements plus a security requirement of 25% in the total
amount of $113,718.00. The City shall have the right to apply
against the Escrow all bills incurred by the City with regard to the
Plan B improvements,however,the City shall provide the Developer
the opportunity to pay for said improvements as bills are incurred, in
cash, rather than applying payments as against the escrow provided
to the City. In such case, the Developer shall have 10 business days
from the time of submission of the bill by the City to the Developer
to pay to the City such amount in cash so that the City can use the
payment to pay the amount due in lieu of drawing down on the
escrow on file with the City of Oak Park Heights.
ii. Plans and Specifications. The Developer shall be provided with a
copy of the plans and specifications as prepared by the office of the
City Engineer for the Plan B improvements and shall be allowed the
opportunity to comment on same prior to final release of the bid
specifications by the office of the City Engineer for purposes of
receiving bid on the improvements. The Developers shall also be
notified of the bid opening date and provided the opportunity to
comment on the bids received prior to the award of the bid on the
Plan B improvements. The Developers may recommend rejection of
al bids and the rebidding of the project or any portion thereof;
however, such recommendation is not binding on the City of Oak
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Park Heights and the City may award the contract based upon the
bids received if it, in its absolute discretion, determines that the bids
so received are reasonable.
The Developers shall also be provided the opportunity to request that
the City Engineer consider including certain contractors that the
Developer might suggest to be added to the proposed bidder's list.
Final determination of the proposed bidder's list shall rest in the
discretion of the City Engineer.
iii. Ownership of Plan B Improvements. All such improvements as
constructed shall become the property of the City of Oak Park
Heights. The Developer shall dedicate to the City prior to approval
of the final plat at no cost to the City all permanent and temporary
easements necessary for the construction of such improvements as
determined by the City.
iv. Contracts. All such construction contracts as awarded by the City of
Oak Park Heights to construct the Plan B improvements shall
provide for a guarantee of the workmanship and materials for a
period of one year following the completion of construction of the
Plan B improvements. All such contracts shall also conform to the
ordinances and specifications of the City in the construction of all
Plan B improvements.
v. Change Orders. No change order increasing the contract expense
shall be authorized by the City without first notifying Developer of
the change. Any re-signalization or recalibration as may be required
for the existing intersections at 58th Street and Neal and/or 58th Street
and Wash Co 15 (formerly STH 5) as precipitated by this project
shall be the financial responsibility of the Developer.
vi. Estimates. The above estimates are engineering projections only.
Developer shall be responsible for all actual expenses incurred in the
securing and installing of all Plan B improvements. The method of
calculation of such costs shall be as specified by the City Engineer.
5. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow
account to the City of Oak Park Heights in the amount of$20,000.00 to
reimburse the City of Oak Park Heights for previous billed expenses and any
city inspections relating to this development.
6. GENERAL:
A. Binding Effect. The terms and provisions hereof shall be binding
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upon and inure to the benefit of the heirs,representatives, successors
and assigns of the parties hereto and shall be binding upon all future
owners of all or any part of the Site and shall be deemed covenants
running with the land. References herein to Developer, if there be
more than one, shall mean each and all of them. The Agreement, at
the option of the City, shall be placed on record so as to give notice
hereof to subsequent purchasers and encumbrances of all or any part
of the Site and all recording fees, if any, shall be paid by the
Developer.
B. Incorporation of Reference. All plans, special provisions,proposals,
specifications and contracts for the improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of
this Agreement by reference as fully as if set out herein in full.
Specifically the following Planning Reports and Engineering files
and fmal documentation approved by the City Planner and the City
Engineer are specifically incorporated by reference herein and
included herein as if originally made part of this agreement.
C. The following documents are incorporated herein by reference:
a. Planners Report November 5,2015
b. Resolution of the City of Oak Park Heights dated November
10,2015
c. Preliminary cost estimates for turn lane
d. Preliminary cost estimates for Trail
e. Amended Conditional Use Permit
D. Recording. The City of Oak Park Heights shall file this Amended
Developers Agreement of record in the office of the County
Recorder.
E. Administrative and Miscellaneous Expenses. As to any and all
administrative, legal or engineering costs which the Developer is
expected to pay to the City of Oak Park Heights,which costs may be
offset against the Performance Bond or security which the Developer
has filed and provided to the City of Oak Park Heights, the
Developer shall be given the opportunity to review and comment on
such costs prior to the application by the City of Oak Park Heights to
the bonding company for the payment of same. Should the
Developer dispute the reasonableness of any of the City's charges,
Developer shall have the right to submit any such dispute to
arbitration at Developer's sole and exclusive expense. Arbitration
shall be conducted by the American Arbitration Association and
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shall be initiated and paid for by Developer.
F. Establishment of Construction Schedules. The City Engineer shall
establish construction schedules the Plan B improvements and shall
consult with Developer prior to establishing same.
G. Zoning. Developer's property has been designated a"0" open space
zoning classification by the City Council. All future use and
development shall comply with the applicable provisions of the
relevant zoning ordinance of the City of Oak Park Heights relating
thereto. Outlots A and B remain zoned "0" Open Space -
conservancy.
H. Street Grades. The grades of all streets shall not exceed 8% and the
minimum grade shall not be less than.5%.
Landscaping. A fmal landscaping plan shall be developed and
submitted to the City Planner by Developer. In addition the
following modifications to the landscape plan shall be implemented
subject to fmal modifications by the City Planner:
1. The street trees for the entry drive shall be subject to the
approval of the City Forester.
2. The planting details depicted within the landscape plan shall
implement a lowest branching height to provide a uniform
appearance and to allow clearance for pedestrians, all in a
manner to be designated and approved by the City Forester.
3. Sodding and Seeding are discussed in the planting notes but
not defined in the illustration plans. The areas of sodding
and seeding shall be identified in a fmal plan to be submitted
and approved by the City Forester.
J. Lighting. Developers must submit a lighting plan to the City
Council. A photo-metric lighting plan shall be submitted and subject
to review and specific approval of City Staff and City Council. All
lighting shall be hooded and controlled so as not to direct light
source to adjacent lands and not to be visible from the public right-
of-way or from adjacent properties in compliance with Section
401.15B.7 of the Zoning Ordinance.
K. As-Builts". Prior to final occupancy or release of any City held
escrow amounts, the Developer shall provide to the City all "as-
builts" /record plans of water, sanitary and storm water systems and
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all Plan B elements installed at the site —including existing lines.
Such submissions shall be in the form as required by the City
Engineer. Such submissions from the Developer shall be signed and
certified by a licensed Minnesota Engineer that such submission is
what was actually constructed and actually exists in the field.
L. Building Permits. The Developer is anticipated to receive its
building permits from the State of Minnesota and shall secure
required inspections and occupancy certifications from the State as
well.
All utility, grading and land disturbance permits must be issued from
the City. This includes permits for connections to water, sanitary
sewer and storm sewer elements as well as their lateral connecting
lines. Other than as expressly allowed by City permit there shall be
no direct or indirect connections to City systems. All inspections for
these permits shall be conducted by City staff.
M. Indemnification:
To the fullest extent permitted by law, inclusive of site improvements and on site
storm water facilities and components the Developers shall indemnify and hold
harmless the City of Oak Park Heights, its agents and employees from and against
any and all claims, damages, losses or expenses, including but not limited to
contamination to aquifer and groundwater resources, attorney's fees, arising out of
the issuance of this Developer's Agreement by the City of Oak Park Heights
and/or arising out of the performance or non-performance of its obligations
hereunder by Developer.
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IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be
duly executed on the date and year first above written.
In the presence of: OF O PARK,/HEIGHTS
., ., 4)....,,L....,,,,
M. •:*sm.-r
Ma M
ire c"• tson
City : , 'strator
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON)
On this ,„A 1►qday of �-(`L bitty , 2016 before me a Notary Public, within and for
said County personally appeared Mary McComber and Eric Johnson, to me personally known,
being each by me duly sworn did say that they are respectively the Mayor and the Administrator of
the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and
that the seal affixed to said instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed on behalf of said municipal corporation by authority of its City
Council and said Mayor and Administrator acknowledged said instrument to be the free act and
deed of said municipal corporation.
•
1.- k , ,
• ;r JENNIFER M.PINSKI gtary l .ibhc
r NOTARY PUBLIC'1A
—2” My Commialon Expires Jan.31,2017 ,i
13
In the presence of: ISD 8
8 /„1,4rr
4r0^7 ArOift.41644 —
Its 7 ,
,11, /retk -, .�'
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON)
On this /6”day of fi.,`Ir gj a , 2016,before me a Notary Public within,and for
said County personally appeared (y if/if/if/pion/® c and Pa id A, 01,1k'h ,
to a personally known, being each by me dug/ sworn did say that they are respectively the
e L « and 4/a r!G of ISD 834, a Minnesota Independent School
District, named in the foregoing instrument; and that the seal affixed to said instrument is the
corporate seal of said corporation,and that said instrument was signed and se led on behalf of said
corpoiratio9 by authority of its Board of Directors and said (?/liar and
6i,e rte._ acknowledged said instrument to be the free act and deed of said
corporation.
N Public 44447
BARBARA JO PROUD( f
0 -"r:
NOTARY PUBLIC-MINNESOTA r '�~►
My Commission Expires Jan.31,2019 " i
14 ..v� •
THIS INSTRUMENT WAS DRAFTED BY:
Mark J.Vierling
Eckberg Lammers,P.C.
1809 Northwestern Avenue
Stillwater,MN 55082
(651)439-2878
15
i M A
EXHIBIT"A"
LEGAL DESCRIPTION
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1 ■I .
LEGAL DESCRIPTION
That part of the Northeast Quarter of Section 6,Township 29 North,Range 20 West,Washington
County,Minnesota,described as follows:
Beginning at the Northeast corner of the South 496.00 feet of said Northeast Quarter,as
measured at a right angle to the South line of said Northeast Quarter,thence South 88 degrees
45 minutes 42 seconds West,assumed bearing,along said North line 2342A2 feet to the center
line of Trunk Highway 5,as presently located and traveled;thence North 34 degrees 17 minutes
12 seconds East along said center line 536.45 feet;thence South 55 degrees 42 minutes 48
seconds East 278.00 feet to the North line of the South 771.07 feet of said Northeast Quarter,as
measured at a right angle to said South line;thence North 88 degrees 45 minutes 42 seconds
East along said North line 1800.79 feet to the East line of said Northeast Quarter,thence South
02 degrees 00 minutes 03 seconds East along said East line 275.07 feet,more or less,to the
point of beginning,containing 14.79 acres,more or less.Subject to Trunk:Highway S along the
Northwesterly 78.00 feet thereof and subject to restrictions and easements of record.
Together with an easement for the purposes of construction,installation,maintenance and repair of
utilities under,upon and over the Easterly 30 feet,as measured at right angles to the Easterly line
thereof of the following described property:That part of the Northeast Quarter of Section 6,Township
29 North,Range 20 West,Washington County,Minnesota,described as follows:Beginning at the
Northeast corner of the South 771.07 feet of said Northeast Quarter,as measured at a right angle to the
South hne of said Northeast Quarter;thence South 88 degrees 45 minutes 42 seconds West,assumed
bearing,along said North line 1800.79 feet;thence North 55 degrees 42 minutes 48 seconds West
278.00 feet to the center line of the Trunk; Highway 5,as presently located and traveled;thence North
34 degrees 17 minutes 12 seconds East along said center line 1185.28 feet to the South line of the North
801.66 feet of said Northeast Quarter as measured at a right angle to the North line of said Northeast
Quarter,thence North 89 degrees 54 minutes 56 seconds East along said South line 1383.19 feet to said
East line of the Northeast Quarter,thence South 02 degrees 00 minutes 03 seconds East along said East
line 1017.03 feet to the point of beginning,containing 41.20 acres,more or less.Subject to Trunk:
Highway 5 along the Northwesterly 78.00 feet thereof and subject to restrictions and easements of
record.
AND
That part of the West Half of the Southwest Quarter of Section 5,that part of the Southeast Quarter of
Section 6,that part of the Northeast Quarter of the Southwest Quarter of said Section 6,that part of the
Southeast Quarter of the Northwest Quarter of said Section 6 and that part of the Northeast Quarter of
said Section 6 all in Township 29 North,Range 20 West,Washington County,Minnesota,described as
follows:
Commencing at the Southeast corner of said West half of the Southwest Quarter of Section 5;
thence North 01 degree 48 minutes 09 seconds West,assumed bearing,along the East line of
said West Half of the Southwest Quarter a distance of 1733.20 feet to the point of beginning;
thence South 89 degrees 50 minutes 41 seconds West parallel with the South line of said West
Half of the Southwest Quarter a distance of 1325.39 feet to the Westerly line of said West Half
of the Southwest Quarter;thence South 88 degrees 54 minutes 15 seconds West parallel with
the South line of said Section 6 a distance of 3332.47 feet to the center line of Old Trunk
Highway 212 as located and traveled In 1923;thence North 33 degrees 26 minutes 30 seconds
East along said center line 996.03 feet;thence North 34 degrees 17 minutes 12 seconds East
along said center line 100.41 feet to the North line of said Northeast Quarter of the Southwest
Quarter;thence South 88 degrees 45 minutes 42 seconds West along said North line 3.69 feet to
the center line of Trunk Highway 5 as presently located and traveled;thence North 34 degrees
17 minutes 12 seconds East along said center line 609.44 feet to the North line of the South
496.00 feet of said Northeast Quarter,thence North 88 degrees 45 minutes 42 seconds East
along said North line 2342.42 feet to the East line of said Northeast Quarter;thence South 02
degrees 00 minutes 03 seconds East along said East tine 496 feet,more or less,to the Northwest
corner of said West Half of the Southwest Quarter;thence North 89 degrees 46 minutes 17
seconds East along the North line of said West Half of the Southwest Quarter a distance of
1324.32 feet to the Northeast corner of said West Half of the Southwest Quarter;thence South
01 degree 48 minutes 09 seconds East along said East line of the West Half of the Southwest
Quarter a distance of 910.86 feet to the point of beginning.
EXCEPT that part thereof being the tract described In Document No.468927 recorded and on file in the
office of the County Recorder,Washington County,Minnesota.
Subject to Trunk Highway 5 along the Northwesterly line thereof.The total area of this parcel is 118.00
acres,more or less.
Subject to restrictions and easements of record and subject to a drainage and ponding easement over
that part of the Northeast Quarter of Section 6,Township 29 North,Range 20 West,Washington
County,Minnesota lying Easterly of the Easterly right of line Trunk Highway 5 described as follows:
Commencing at the intersection of center line of said Trunk Highway 5,as presently traveled,and the
South line of the North Half of said Section 6:thence North 34 degrees 17 minutes 12 seconds East,
assumed bearing,along said center line 288.78 feet to the point of beginning;thence South 55 degrees
42 minutes 48 seconds East 85.00 feet thence South 11 degrees 42 minutes 48 seconds East 115.00
feet;thence South 84 degrees 42 minutes 48 seconds East 110.00 feet;thence North 00 degrees 21
minutes 42 seconds East 248.93 feet;thence North 55 degrees 42 minutes 48 seconds West 125.00 feet
to said center line;thence South 34 degrees 17 minutes 12 seconds West along said center line 180.00
feet to the point of beginning,containing 0.71 acres,more or less.
AND
Oudot'A'and Outlot'B',Kern's Education Addition,as platted and on file and of record in the Office of
the County Recorder of Washington County,Minnesota.
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