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HomeMy WebLinkAbout2007-10-15 WC Recorded Document #3665875 - Development AgreementReceipt #: 50975 DAG $40.00 Return to: ECKBERG LAMMERS BRIGGS WOLFF & 1809 NORTHWESTERN AVENUE SUITE 110 STILLWATER MN 55082 DEVELOPMENT AGREEMENT 3665875 11 111 Certified Filed and/or recorded on: 10/15/2007 9:12 AM 3665875 Office of the County Recorder Property Records & Taxpayer Services Washington County, MN Kevin J (.'or•hih1, C'o111711 Recorder CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER' S AGREEMENT THIS AGREEMENT, made and entered into this 10 day of August, 2007, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City "), and Washington County, (the "County "). WITNESSETH; That: WHEREAS, the County has made application to the City Council for approval of a Development Plan consisting of utility relocations, easement relocations, street improvements, within and adjacent to the Washington County Government Center described as follows: (the "Project "); and, See Attached Exhibit A WHEREAS, the City Council has on August 10, 2007, granted approval to the Project, on the condition that the County 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 County's expense by the County as hereinafter provided are hereinafter referred to as "Plan A Improvements". Improvements to be installed by the County and paid for by City are hereinafter referred to as "Plan B Improvements". Page 1 of 16 PLAN A IMPROVEMENTS: The County will construct at County's expense the following improvements under Plan A according to the following terms and conditions: A. The County shall do all site grading, common greenway and open spaces, storm water storage ponds, surface drainage ways, on site water, sanitary sewer and storm sewer utility relocation and all private driveways, parking lots pathways and sidewalks, including sodding of boulevards, all in accordance with the City engineer approved plans. 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 Page 2 of 16 changes to the grading plan during construction shall be submitted to the City for approval. B. The County shall control soil erosion ensuring: 1. All development shall conform to the natural limitations presented by the topography and soil of the project in order to create the best potential for preventing soil erosion. The County 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 County shall not locate its equipment within the right -of-way of Oxboro Avenue North as acquired by the City of Oak Park Heights adjacent to this development without the express written consent of the City Engineer. The County shall not locate its equipment within the right of way of 62 Street north or Paris Avenue North except at such times that storm sewer relocation and street reconstruction is ongoing within said rights of way. C. The County shall place iron monuments at all tot and block corners and at all other angle points on boundary tines. Iron monuments shall be replaced after all street and lawn grading has been completed in order to preserve the lot markers. D. The County 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. The 2 Page 3 of 16 County shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (after grading) or driveway surface. E. The County 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 County 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 project is completed. Temporary traffic controls and 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 County or any of its Contractors or Subcontractors, shall remain the financial responsibility of the County. G. The County shall furnish site lighting in accordance with the City Ordinance requirements pursuant to a plan which must receive the approval of the City Planner. I. The County shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the development. The County shall be permanently responsible for the maintenance, cleaning and replacement of the 36" stormwater pipe located along the north and east sides of the project from the intersection of Panama Avenue North and 62 Street North to just southwest of the southerly terminus of Paris Avenue North. The final as built survey shall depict this storm sewer line. The City of Oak Park Heights is requiring County to locate and maintain storm water drainage areas and holding ponds to serve County's project. Such areas are located on County's site and depicted on the site drawings approved by the City Engineer. J. The County 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. The County shall secure the appropriate MnDOT access permits for the access onto the MnDOT Frontage Road. K. Drainage and utility easements. 10 foot drainage and utility easements shall be provided along all lot lines along the perimeter of the site. 3 Page 4 of 16 L. Tree Protection and Clearing: The County 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 and properly maintained throughout construction 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 County 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. Failure to place or maintain fencing to protect trees on the development site is a condition of default under this agreement. A Tree replacement fee of $8,600.00 shall be paid by the County to the City upon execution of this agreement as required under the City's ordinance. M. Warranty of Title. By its execution hereof County hereby warrants and represents that it has the exclusive and marketable fee title to the subject property. County 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. N. 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. 0. Utility Locations in City Right of Way. In order to maintain compliance with regulations promulgated from the Minnesota office of Pipeline Safety the County, its contractors, subcontractors, and agents shall comply with the following requirements: 4 Page 5 of 16 I . 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. 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. Multi- family and commercial lots 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 County 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 County its agents or contractors or rernediating problems resulting there from in the right of way. 7. Upon failure to provide full documentation as required the City shall notify he County 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. S. City staff shall document the time and materials required to review, confirm and accept the installation documentation and shall invoice County for the costs based on the actual work involved or on a fee schedule adopted by the City Council. P. Final "As Built" Survey. County shall produce for the City a final "as built" survey of the site clearly denoting all municipal utilities, water, 5 Page 6 of 16 sanitary sewer and storm sewer lines, buildings, drainage ways, abandoned utility lines(in place) and easements. The "as built" surveys required herein must be supplied to the City in paper and digital format. Said "as built" survey shall be formatted in the most recent Washington County Coordinate System and be prepared in a recent AutoCAD version compatable with the City Engineer's office. 2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST 1. 62 Street replacement $31,200.00 2. Paris Avenue replacement $22,000.00 3. Storm Sewer $178,200.00 4. Sanitary Sewer $15,000.00 5. Water Main and Pressure Reducing Station $30,000.00 6. Grading $10,000.00 7. Erosion Control $13,000.00 8. Landscaping 29,000.00 9. Utility Protection & Repair $4,000.00 10. Street Protection & Repair $2,500.00 11. City Construction Observation $17,500.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $352,000.00 ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (20 %): $88,000 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $440,000.00 6 Page 7 of 16 SECURITY REQiJIREMENT (25 %) $110,000.00 TOTAL PLAN A ESCROW $550,000.00 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 utility work to be completed within the City of Oak Park Heights shall be under and subject to the inspection and approval of the City of Oak Park Heights and, where appropriate, any other governmental agency having jurisdiction. C. Easements. The County shall convey to the City, at no cost to the City, all permanent or temporary easements necessary for final location of city utilities as determined by the City Engineer. All such easements required by the City shall be in writing, and in recordable form, containing such terms and conditions as the City shall determine. D. Faithful Performance of Construction Contracts. The County will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the County 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, County shall supply to the City a letter of credit in the total amount of the Plan A Escrow as noted above and in a form to be approved by the City Attorney, financially securing the performance by County of the construction of the Plan A Improvements in a timely and proper manner. Additionally, County guarantees and agrees that, should the City of Oak Park Heights need to apply a claim on said letter of credit, that County shall pay all attorney's fees and administrative expenses associated with said action. E. REQUIRED SECURITY No work shall be commenced under this Agreement until the County shall have filed with the City a cash deposit, certified check or Irrevocable Letters of Credit based on one hundred percent ( 100 %) of the total 7 Page 8 of 16 estimated costs for the Plan A Improvements. The Irrevocable Letters of Credit, cash or payment shall be filed with the City prior to the issuance of a Land Alteration Permit. If the Irrevocable Letter of Credit expires prior to the improvements as specified herein being completed, it shall be renewed or replaced not later than thirty (30) days prior to its expiration, with a like Irrevocable Letter of Credit; and if not so replaced the City may declare the Developer in default hereunder and exercise its rights and remedies and may draw on said Irrevocable Letter of Credit for the remaining improvements. The Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Oak Park Heights. 4. PLAN B IMPROVEMENTS. The following improvements will be installed by the County at the City's expense according to the following terms and conditions: 1. DESCRIPTION OF IMPROVEMENT ESTIMATED COST A. 62 Street North replacement (portion) $7,500.00 B. Storm Sewer $9,000.00 C. Erosion Control $1,500.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN B IMPROVEMENTS: $18,000.00 2. The City shall reimburse the County for the actual costs of engineering and construction of the Plan B improvements upon written submission of quanities used to the City following review and certification of accuracy by the City Engineer. A. Construction. After approval of preliminary plans and estimates by the City Engineer, the County shall 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, the City shall be provided a copy thereof. The City shall have the right to immediately notify the County of its demand that the County reject those bids affecting the Plan B improvements. C. Plans and Specifications. The City shall be provided with a copy of the plans and specifications as prepared by the County for the Plan B improvements and shall be allowed the opportunity to comment on 8 Page9ofl6 same prior to final release of the bid specifications through the office of the City Engineer for purposes of receiving bid on the improvements. The City may recommend rejection of all bids dealing with the Plan B improvements and bid the project out itself if it so desires. D. Ownership of Plan B Improvements. All such improvements as constructed shall become the property of the City of Oak Park Heights. The County shall convey to the City and at no cost to the City all permanent and temporary easements necessary for the construction of such improvements as determined by the City. E. Contracts. All such construction contracts as awarded by the County 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. F. Change Orders. No change order increasing the contract expense relative to the Plan B Improvements shall be authorized by the County without first notifying the City of the change. 5. COUNCIL APPROVED CONDITIONS: I. The County shall convey to the City all easements as may be required by the City Engineer to ensure that the City's water, sanitary and storm systems remain property located in the City's easements as well as remain secure, intact and operational. Should future maintenance or rehabilitation be required, the City shall not be responsible to restore these easement areas. It shall be the County responsibility to restore curbing, asphalt, landscaping or other elements that may be impacted. Should the City require relocation of any lines that may be rendered inaccessible by the County's other facilities, the County shalt convey to the City at no cost the necessary easements that may be required by the City Engineer that ensure the City's water, sanitary and storm systems remain secure, intact and operational. 2. The County and the City shall identify and convey all required easements necessary for all utility installations, relocations or improvements on or before project completion. 9 Page 1Dofl6 3. The final storm sewer layout shall be consistent with Option 3 as proposed by the City Engineer in his July 5, 2007 Memorandum, amending the County's initial submission. Construction documents shall be revised by the County to reflect these changes. Final plans and improvements shall be subject to the final review and approval of the City Engineer. The City Engineer's review memorandum is affixed to this resolution as Exhibit A. 4. The County shall own, install, repair and provide all maintenance for the proposed 36" stormwater main contemplated in Option #3 designed to serve the both the Washington County campus as well as other surrounding areas, both public and private. The County shall transfer all current flows and drainage patterns currently being served by in -place stormwater infrastructure to this new 36" stormwater main. The county shall not charge any fee for this service to any contributing property. 5. The County shall permit the City to connect (without fee) to the new 36" stormwater main and several catch - basins that will drain certain areas lying northeast and directly adjacent to the County campus, specifically the intersection of 62 Street at Paris Avenue North and at Beach Road. Such plans shall be approved by the City Engineer and installed as an addendum to the Washington County project. The City shall pay for the related engineering and installation costs. 6. In the event of future maintenance, replacement or updating of County owned utilities, the County shall be required to restore any impacted City infrastructure and streets to an equal or better condition. 7. The County shall also provide Construction documents detailing of the relocation of the City's water main pressure reducing station from its current location south of the Government Center to the east side, as previously discussed with City staff. Final plans and improvements would be subject to the final review and approval of the City Engineer. 8. The County shall verify the operation of all existing valves, joints and fittings used for water and sewer control. Any materials or fittings re -used in the implementation of the project shall be new or re -built to an as new condition. This includes gate valves, pressure reducing valves and structures used in conjunction with relocation of the pressure reducing station. All new and reused materials for the water system shall be tested and sanitized to AWWA new pipe standards and be inspected and verified by the Oak Park Heights Utility Department prior to exposure to the City of Oak Park Heights water supply. The 10 Page l 1 of 16 City of Oak Park Heights Public Works Director shall be the final authority regarding the water system use and transition requirements. 9. For this project the City shall require that all project impacted City streets and right-of-ways shall be restored by the County to an existing or better condition and may not be widened unless and until first approved by the City Council. 10. The County shall agree to pay for fifty (50) percent of the reconstruction of 62 Street North and Paris Avenue North to the City Standard in effect of the time of the reconstruction, including all required concrete curb and gutter. This shall only include that portion of 62nd Street N. lying between Panama Ave. N. and Paris Ave. N., that part of Paris Ave. N. lying south of 62 Street N, and the intersection of 62 St. N. & Paris Ave. N.. The timing of this reconstruction shall be determined by the City. 11. At such time when the City extends a trail or sidewalk that abuts the Washington County campus, the County shall install and connect the necessary trails and sidewalks to ensure that there is linear and aesthetic continuity between the County and City trails and sidewalks. 12. The County shall cause all current and proposed campus lighting to be retrofitted to comply with the City of Oak Park Heights lighting standards not later than December 31 2010. 13. The County shall provide full 'as- built' drawings to the City in both digital and hard copy format of all constructed and abandoned public facilities for the entire campus. Digital drawings shall be in an appropriate Washington County coordinate system. 14. The City Arborist shall determine if there are trees to be removed that actually lie within the City. if there are trees that lie in the City and are to be removed, the County shall be required to restore such trees within the City or shall pay into the City tree replacement fund as required by the City tree replacement Ordinance 1307. The County shall complete in a timely fashion all site landscaping and in accordance with the plans as submitted and approved by the City Arborist. 15. All temporary parking and staging areas shall be immediately paved so as to minimize dust and noise. All other ponds, landscaping and site restoration elements shall be completed in a timely and orderly fashion as required by the City Engineer and the City Arborist. 11 16. The County shall pave, but not expand, the currently unpaved roadway accessing the County facilities from Paris Ave. The County shall install a card - access gate to monitor and control unauthorized use of this roadway. This access shall remain a secondary access consistent with the October 4th, 2005 agreement. 17. The County shall secure a Middle St. Croix Water Management Permit, a copy of such permit shall be provided to the City. 18. The County shall enter into a Development Agreement with the City of Oak Park Heights that shall incorporate the approvals and conditions as set -forth herein subject to the final review and approval of the City Attorney. No work may commence by the County until such time as a satisfactory Development Agreement is signed by both the City and Washington County. 6. GENERAL TERMS. A. B. Indemnification: Page 12 of 16 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 final 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: 1. October 4, 2005 Agreement between The City of Stillwater, City of Oak Park Heights and the County of Washington for Development on the Campus of the Washington County Government Center. 2. Bonestroo Report (Letters) dated July 5 2007 and May 30, 2007. 3. Resolution of the City of Oak Park Heights dated July 17, 2007 being Resolution No.07- 07 -41, To the fullest extent permitted by law, the County 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 attorney's fees, arising out of the issuance of this County's Agreement by the City 12 C. Notice /Remedies on Default or Violation of this Agreement: Page 13 of 16 of Oak Park Heights and/or arising out of the performance or non-performance of its obligations hereunder by County. 1. Whenever any event of default or failure to conform to the terms and conditions of this Agreement occurs, the City shall give written notice of the event of default or failure to perform to the County by United States Mail at its last known addresses. If the County fails to cure the event of default or failure to perform within fifteen (15) days after the date of the mailed notice, in addition to any other remedy provided in this Agreement and without waiver of any such right, the City may avail itself of any or all of the following remedies for as long as the County is in default. a. Halt all development work and construction of development improvements until such time as the event of default is cured. b. Refuse to issue utility, grading and building permits or occupancy permits as to any aspect of the project until such time as the event of default is cured. c. Apply to a court of competent jurisdiction to enjoin continuation of the event of default. d. If the event of default is a failure of the County to complete, construct, install or correct the development improvements in accordance with the plans and specifications and this Agreement, the City may perform the construction or work and the County shall reimburse the City for its expenses incurred. This provision shall be a license granted by the County to the City to act, but shall not require the City to take any such action. The County consents to such an action by the City and waives any claims County may have against the City for damage in the event the City exercises its rights in accordance with this provision. This remedy is in addition to and not in lieu of the city's right to draw on all security referenced in this Agreement. e. Terminate this Agreement by written notice to County, at which time all terms and conditions as contained herein shall be of no further force and effect and all obligations of the parties imposed hereunder shall be null and void. f. Draw upon and utilize County's funds and/or security in order to cover the costs of the City in order to correct the event of default. D. Stop Lights and Traffic Control at 62 Street and Osgood. 13 The County will have completed pursuant to its agreement with the Cities of Stillwater and Oak Park Heights placement of Traffic Control (semaphores) at Osgood and 62 Street within 60 days from the date of execution of this agreement. IN WITNESS WHEREOF, the City and County have caused this Agreement to be duly executed on the date and year first above written. In the presence of: In the presence of: Page 14 of 16 14 Aw Ar*fir HEIGHTS ('Ii Dav Mayor Beaudet Eric Joh City A istrator W SHINGTON COUNTY Its: Chairperson, County Board Its: County Administrator STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this /L/ day of 20 me a Notary Public, within and for said County personally appeared David Beaudet 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. JENNIFER M. THOEN NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2012 STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) Page 15 of 16 JENNIFER M. ! HOEN NOTARY PUBIC M MINNESOTA My Commission Expires Jan. 31, 2012 15 N otary..r'u b l i c Notary. Public On this JI day of 4 v • P , 20 < before me a Notary Public, within and for said County personally appeared c Cibiz and =t ,1 < me personally known, being each by me duly sworn did say that they are respectively the bciktp ( wTZ and //bnn r `' --- of Washington County, a body politic, named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said County, and that said instrument was signed and sealed on behalf of Washington County by authority of its County Board and said OM p -- and f said instrument to be the free act and deed of Wash County. Washington Count acknowledged g y THIS INSTRUMENT WAS DRAFTED BY: Mark J. Vierling Eckberg, Lammers, Briggs, Wolff & Vier ling, P.L. L.P. 1835 Northwestern Avenue Stillwater, MN 55082 ( 439-2878 Page 16 of 16 16 EXHIBIT A WASHINGTON COUNTY GOVERNMENT CENTER • EXISTING RECORD LEGAL DESCRIPTION July 24, 2007 Lots One (1) through Thirty (30) inclusive of Block One (1), McMillan & Cooley's Addition to Stillwater, as surveyed and platted and now on file and of record in the office of the Register of Deeds of Washington County, Minnesota. (Book 286 Deeds, Page 89) Lots One (1), Two (2), Three (3), Four (4), Five (5) and the East 12.6 feet of Lot Six (6) in Block Four (4) of McMillan & Cooley's Addition to Stillwater, as surveyed and platted and now on file and of record in the office of the Register of Deeds of Washington County, Minnesota. (Book 286 Deeds, Page 93) All that part of Lot Six (6) except the East 12.6 feet thereof and all of Lots Seven (7) and Eight (8) of Block Four (4) of McMillan & Cooley's Addition to Stillwater, as surveyed and platted and now on file and of record in the office of the Register of Deeds of Washington County, Minnesota. (Book 286 Deeds, Page 85) Lots Nine (9) through Thirty (30) inclusive of Block Four (4) in McMillan & Cooley's Addition to Stillwater, as surveyed and platted and now on file and of record in the office of the Register of Deeds of Washington County, Minnesota. (Book 286 Deeds, Page 91) Lots One (1) through Ten (10) inclusive and the North twenty (20) feet of Lots Twenty- one (21) through Thirty (30) inclusive in Block Five (5) of McMillan & Cooley's Addition to Stillwater, as surveyed and platted and now on file and of record in the office of the Register of Deeds of Washington County, Minnesota. (Book 286 Deeds, Page 87) Lots Eleven (11), Twelve (12), Thirteen (13), Fourteen (14) and Fifteen (15), Block Five (5), of McMillan and Cooley's Addition to Oak Park, and the North Twenty (20) feet of Lots Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19) and Twenty (20), Block Five (5) of McMillan and Cooley's Addition to Oak Park. (Book 309 Deeds, Page 444) The south 30 feet of the north 50 feet of Lots 16 through 30 Block 5, McMillan and Cooley's Add to Stillwater, MN as amended by Myron Shepard's Perfected Plat of the City of Stillwater dated May 21, 1878 according to the recorded plat thereof. (Document Number 3580190) All that part of Lots Sixteen (16), Seventeen (17) and Eighteen (18), Block Five (5), and that part of vacated Wallace Street of McMillan & Cooley's Addition to Oak Park, described as follows: Commencing at a point on the west line of said Lot Sixteen (16), which is One Hundred Eighty -five (185) feet South of the Northwest corner of said Block (5) of McMillan & Cooley's Addition to Oak Park; thence South along the West line of said Lot Sixteen (16), and the extension thereof, a distance of One Hundred Forty -five 1 (145) feet to the South line of vacated Wallace Street; thence East along the South line of vacated Wallace Streets distance of one Hundred (100) feet; thence North and parallel with the West line of said Lot Sixteen (16) and the extension thereof a distance of One Hundred Forty -five (145) feet to a point; thence West parallel with the North line of said Block Five (5) for One Hundred (100) feet, to the place of beginning, containing 033 acre, more or less. (Document Number 3413048) All that part of Block 5, McMillan and Cooley's Addition to Stillwater, Washington County, Minnesota, described as follows: Commencing at a point on the North line of Block 8 of McMillan and Cooley's Addition to Stillwater, 400 feet West of the West line of Hazel Street of said McMillan and Cooley's Addition, said North line of Block 8 being the South line of vacated Wallace street; being the point of beginning of this description; thence North and parallel to the West line of Hazel Street 145 feet to an iron stake; thence West and parallel to the North line of said Block 8, 100 feet to an iron stake; thence South and parallel to the East line of said tract 145 feet to an iron stake on the North line of said Block 8; thence East along said North line of Block 8, 100 feet to an iron stake and the place of beginning. (Document Number 3423 5 89) All that part of Lots Twenty -one (21), Twenty -two (22), and Twenty -three (23) of Block No. Five (5) of McMillan and Cooley's Addition to Stillwater, according to the plat thereof on file and of record in the office of the Register of Deeds in and for the County of Washington, State of Minnesota, described as follows: Commence at a point on the West line of Hazel Street Sixty (60) feet South of the Southeast corner of said Block No. Five (5); thence West along the South line of what was formerly Wallace Street (now vacated) a distance of Three Hundred (300) feet to the point of beginning of this description; thence West along the South line of what was formerly Wallace Street (now vacated) a distance of One Hundred (100) feet; thence North and parallel to the West line of Hazel Street a distance of One Hundred Forty -five (145) feet; thence East and perpendicular to the last described line a distance of One Hundred (100) feet to a point; thence South on a line parallel to the West line of Hazel Street a distance of One Hundred Forty -five (145) feet to the point of beginning; containing 0.33 acres, more or less. (Document Number 933044) The East Half (E r /2) of Lot 23, all of Lots 24 and 25, Block 5, McMillan and Cooley's Addition to Stillwater, and vacated Wallace Street adjacent to said lots, EXCEPT the North 50 feet thereof; being also described as follows: All that part of Block Five (5) of McMillan and Cooley's Addition to Stillwater, and vacated Wallace Street in said addition, described as follows: Commencing at a point on the North line of Block Eight (8) of McMillan and Cooley's Addition to Stillwater, Two Hundred (200) feet West of the West line of Hazel Street of said McMillan and Cooley's Addition to Stillwater, said North line of Block Eight (8) being the South line of vacated Wallace Street; thence North and parallel to the West line of Hazel Street One hundred forty -five (145) feet to an iron stake; thence West and parallel to the North line of said Block Eight (8), One hundred (100) feet to an iron stake; thence South and parallel to the East line of said tract One hundred forty -five (145) feet to an iron stake on the North line of said Block Eight (8); thence East along said North line of Block Eight (8), One hundred (100) feet to an 2 iron stake and the place of beginning, according to the plat thereof on file and of record in the office of the Register of Deeds, Washington County, Minnesota. (Document Number 981389) That part of Lots 26, 27, and 28, Block 5, McMillan & Cooley's Addition to Oak Park, described as follows: Commencing at the SE corner of said Block 5 of McMillan & Cooley's Addition to Oak Park; thence West along the South line of said Block 5 for 100 feet; thence North and parallel with the East line of said Block 5 for 70 feet to the point of beginning of this description; thence North and parallel with the East line of Block 5 a distance of 15 feet; thence West parallel with the South line of said Block 5 a distance of 100 feet; thence South and parallel with the East line of said Block 5 a distance of 15 feet; thence East and parallel with the South line of said Block 5 a distance of 100 feet to the point of beginning. AND Commencing at a point on the North line of Block 8 of McMillan & Cooley's Addition, 100 feet West of the West line of Hazel Street of said McMillan & Cooley's Addition, said North line of Block 8 being the South line of vacated Wallace Street; thence North and parallel to the West line of Hazel Street 130 feet to an iron stake; thence West and parallel to the North line of said Block 8, 100 feet to an iron stake; thence South and parallel to the East line of said tract, 130 feet to an iron stake on the North line of said Block 8; thence East along said North line of Block 8, 100 feet to an iron stake and the place of beginning. (Document Number 960726) All that part of Lots Twenty -Eight (28), Twenty4 ine (29) and Thirty (30) of Block No. Five (5) of McMILLAN and COOLEY'S ADDITION TO STILLWATER, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for the County of Washington, State of Minnesota, desribed as follows: Beginning at a point on the West line of Hazel Street Sixty (60) feet South of the Southeast corner of said Block No. Five (5); thence West along the South line of what was formerly Wallace Street (now vacated) a distance of One Hundred (100) feet; thence North and parallel to the West line of Hazel street a distance of One Hundred (100) feet to the West line of said Hazel Street; thence South along the West line of said Hazel Street a distance of One Hundred Forty -Five (145) feet to the point of beginning, containing 0.33 acres, more or less. (Document Number 3482299) All that part of vacated Hubert Street and Eugene Street lying east of the east line of Birch Street and west of the west line of Hazel Street. (Book 15 Miscellaneous, Page 7) All that part of the SW Quarter of SW Quarter of Section 34, Township 30, Range 20 described as follows: Commencing at a point 30 feet east and 25 feet south of the northwest corner of said quarter quarter section, which point is the northwest corner of what was formerly Block 1 of Murdock's Addition to Oak Park (now vacated), thence south 140 feet along the east line of Hazel Street, thence east 100 feet along the south line of former Lots 14, 13, and 12 of said Block 1; thence north 140 feet to the south line of Prairie Street, thence west 100 feet along said south line of Prairie Street to the point of beginning, being all of former lots 14 and 13 and the west 18 feet of Lot 12 of Block 1 of said Murdock's Addition to Oak Park (now vacated). (Document Number 558823) 3 All that part of Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section Thirty -four (34), Township Thirty (30), Range Twenty (20), commencing at a point Thirty (30) feet East and Twenty -five (25) feet South of the Northwest corner of said Quarter Quarter Section which point is the Northwest corner of what was formerly Block One of Murdock's Addition to Oak Park (now vacated); thence East along South Line of Prairie Street, a distance of One - hundred (100) feet to the point of beginning; thence East along the South line of Prairie Street, a distance of 113.4 feet; thence South and parallel to the East Line of Hazel Street, a distance of 140 feet; thence West and parallel to South line of Prairie Street, a distance of 113.4 feet; thence North and parallel with the East Line of Hazel Street, a distance 140 feet to the point of beginning. (Document Number 581637) All that part of the Northwest Quarter of the Southwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4 of SW 1 /4) of Section Thirty -four (34 ), in Township Thirty (30) North, of Range Twenty (20) West, described as follows, to -wit: Commencing at a point Thirty (30.00) feet East and Twenty -five (25.00) feet South of the Northwest corner of the Southwest Quarter of the Southwest Quarter (SW i/4 of SW '/4) of Section Thirty -four (34 ), in Township Thirty (30) North, of Range Twenty (20) West, and extending East along the South line of Prairie Street a distance of Two Hundred Thirteen and Four tenths (213.4) feet to the point of beginning; thence South perpendicular to the South line of Prairie Street a distance of One Hundred Forty (140.00) feet; thence East parallel to the South line of Prairie Street a distance of One Hundred Twenty -one (121.00) feet which is the Southeast corner of former Lot Seven (7), Block One (1) of Murdock's Addition to Oak Park; thence North along the East line of former Lot Seven (7), Block One (1) of said Addition a distance of One Hundred Forty (140.00) feet to the South line of Prairie Street; thence West along the South line of Prairie Street a distance of One Hundred Twenty -one (121.00) feet to the point of beginning. According to the United States Government Survey thereof. (Document Number 572711) All that part of the Northwest Quarter (NW i /4) of the Southwest Quarter (SW 1/4) of Southwest Quarter (SW '/4) of Section Thirty -four (34) in Township Thirty (30) North of Range Twenty (20) West of the Fourth Meridian, described as follows, to wit: Lot number Two (2) of Block Number One (1) of Murdock's Addition to Oak Park and beginning at the Northwest corner of said Lot Number Two (2 ), Block One (1) of Murdock's Addition to Oak Park, thence Southwesterly along the West boundary of said lot to the Southwest corner thereof; thence Westerly Forty -two (42) feet; thence Northerly to the South line of Chestnut Street to a point Forty -two (42) feet West of the Northwest corner of said Lot Two (2); thence East along the South line of Chestnut Street to the point of beginning, said latter property being formerly Lot Three (3) of Block One (1) of Murdock's Addition to Oak Park before the same was vacated. (Document Number 566820) That part of the SW 1 /4 of the SW 1 /4 of Section 34, Township 30N, Range 20W formerly described as Lot 1 and Lots 26, 27 and 28, Block 1 of the Plat of Murdock's Addition to Oak Park prior to the vacation of that portion of said plat, except the South 1 02.5 feet of 4 said formerly Lots 26, 27 and 28 according to the United States Government survey thereof. (Document Number 568134) Part of the SW '/4 of the SW 1 /4 of Section 34, Township 30 North, Range 20 West, being the South 102.5 feet of that part of said Quarter Quarter formerly described as Lots 26, 27, and 28 of Block 1 of the Plat of Murdocks Addition to Oak Park Heights, prior to the vacation of a portion of said plat; together with all streets, alleys or roadways that may have accrued to said property by reason of vacations. (Document Number 639476) That part of the Southwest Quarter of the Southwest Quarter (SW '/4 of SW 1 /4) of Section Thirty -four (34), in Township Thirty (30) North, of Range Twenty (20) West, Washington County, Minnesota, described as follows, to -wit: Commencing at a point Thirty (30) feet east and Twenty -five (25) feet south of the Northwest corner of said one- quarter which point is the Northwest corner of what was formerly Block One (1) of Murdock's Addition now vacated; thence South along the East line of the street formerly known as Hazel Street a distance of One Hundred Forty (140) feet to the point of beginning of the subject property to be described. Thence continuing South along the East side of said street a distance of Three Hundred Thirty (330) feet to the Southwest corner of former Lot Fourteen (14), Block Two (2) in said addition; thence East a distance of One hundred Twenty -four and Four tenths (124.4) feet to the Southeast corner of former Lot Twelve (12), Block Two (2) of said addition; thence North a distance of Three Hundred Thirty (330) feet to the Southea corner of former Lot Twelve (12), Block One (1) of said addition; thence West a distance of One Hundred Twenty -four and Four tenths (124.4) feet to the point of beginning. AND That part of the Southwest Quarter of the Southwest Quarter (SW 1/4 of SW i /n) of Section Thirty -four (34), in Township Thirty (30) North, of Range Twenty (20) West, Washington County, Minnesota, described as follows, to -wit: Commencing at a point Thirty (30) feet East and Twenty -five (25) feet South of the Northwest corner of said one - quarter which point is the Northwest corner of what was formerly Block One (1), Murdock's Addition, now vacated; thence South One Hundred Forty (140) feet to what was formerly the Southwest corner of former Lot Fourteen (14), Block One (1); thence East One Hundred Twenty- four and Four tenths (124.4) feet to the Northwest corner of former Lot Eighteen (18), Block One (1) which is the point of beginning of the subject property to be described. Thence South One Hundred Ninety (190) feet to the Northwest corner of former Lot Eleven (11), Block Two (2); thence East to the Northeast corner of former Lot Seven (7), Block Two (2); thence South to the Southeast corner of former Lot Seven (7), Block Two (2); thence East to the Southeast corner of former Lot Three (3), Block Two (2); thence North to the Southeast corner of former Lot Twenty -six (26), Block One (1); thence West to the Southwest corner of former Lot Twenty -six (26), Block One (1); thence North to the Northwest corner of former Lot Twenty -six (26), Block One (1); thence West to the point of beginning. AND That part of the Southwest Quarter of the Southwest Quarter (SW 1 /4 of SW 1/4) of Section Thirty -four (34), in Township Thirty (30) North, of Range Twenty (20) West, Washington County, Minnesota, described as follows: Commencing at a point Thirty (30) feet East and Twenty -five (25) feet South of the Northwest corner of said one - quarter which point is the Northwest corner of what formerly was Block One (1) of Murdock's Addition, now vacated; thence South Four 5 Hundred Seventy (470) feet to the Northwest corner of former Lot Fifteen (15), Block two (2), which is the point of beginning of the subject property to be described. Thence South One Hundred Sixty -five (165) feet to the intersection of the East line of former Hazel Street with the center line of what was formerly know as Eugene Street in Murdock's Addition; thence East a distance of Five Hundred Eighty -six and Four tenths (586.4) feet to the West line of former 7 Street; thence North along the West line of former 7 Street a distance of One Hundred Sixty -five (165) feet to the Southeast corner of former Lot One (1), Block Two (2); thence West Two Hundred Fifty -two (252) feet to the Southwest corner of former Lot Six (6), Block Two (2), thence North One Hundred Forty (140) feet to the Northwest corner of former Lot Six (6), Block Two (2); thence West Two Hundred Ten (210) feet to the Northwest corner of former Lot Eleven (11), Block Two (2); thence South One Hundred Forty (140) feet to the Southwest corner of former Lot Eleven (11) Block two (2); thence West One Hundred Twenty -four and Four tenths (124.4) feet to the point of beginning. According to the United States Government Survey thereof. (Document Number 400380) Lots 1 and 2, Block 2 of Murdock's Addition to Oak Park. (Document Number 938739) That part of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 30 North, Range 20 West, City of Stillwater, Washington County, Minnesota, described as follows: Commencing at the southwest corner of said Section 34; thence northerly along the west line of said section 34, a distance of 488.76 feet to the point of beginning of the parcel to be described; thence continuing northerly along said west line of Section 34, a distance of 165.52 feet to the northwest corner of said Southwest Quarter of the Southwest Quarter of the Southwest Quarter; thence easterly along the north line of said Southwest Quarter of the Southwest Quarter of the Southwest Quarter, a distance of 120.00 feet; thence continuing easterly along said north line of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter, a distance of 60.00 feet; thence southerly parallel with said west line of Section 34, a distance of 165.52 feet; thence westerly parallel with said north line of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter, a distance of 60.00 feet; thence westerly parallel with said north line of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter, a distance of 120.00 feet to the point of beginning. (Document Number 457693) Part of the SW 1 /4 of SW 1/4 of Section 34, Township 30, Range 20 described as follows: Beginning at a point on the west line of said SW 1 /4 where said West line intersects North line of present Minnesota Trunk Highway 212; thence East along North line of said Minnesota Trunk Highway 212 a distance of 155 feet; thence North and parallel to West line of said SW 1 /4 a distance of 166 feet; thence West and parallel to North line of said Minnesota Trunk Highway 212 a distance of 155 feet; thence South along West line of said SW 1 /4 a distance of 166 feet to point of beginning. (Document Number 850445) All that part of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter (SW 1 /4 of SW 1 /4 of SW 1 /4), Section Thirty -four (34), Township Thirty (30) North, Range Twenty (20) West, described as follows: Commencing at a point on the West line of said 6 SW '/4 where said West line intersects the North line of the present Minnesota Trunk Highway 212; thence East along the North line of said Minnesota Trunk Highway 212 a distance of 155 feet to the point of beginning of the land to be described; thence continue East along the North line of said Minnesota Trunk Highway 212 a distance of 105 feet; thence North and parallel to the West line of said SW 1 /4 a distance of 166 feet; thence West and parallel to the North line of said Minnesota Trunk Highway 212 a distance of 105 feet; thence South and parallel to the West line of said SW 1 /4 a distance of 166 feet to the point of beginning. (Document Number 3548405) The Southwest Quarter of the Southwest Quarter of the Southwest Quarter (SW 1 /4 of SW '/4 of SW '/4) of Section Thirty -four (34) Township Thirty (30) North, Range Twenty (20) West, lying northerly of Minnesota Trunk Highway 212, subject to easements for roads and street and subject to any dedication of public street that may affect this real estate, and excepting therefrom the following described property: Beginning at a point on the centerline of Hazel St. where said centerline intersects the North line of present Trunk Highway 212; thence East along the North line of said Trunk Highway 212 a distance of Three hundred fifty (350) feet; thence North and parallel to the East line of Hazel St. a distance of One hundred sixty -six (166) feet; thence West and parallel to the North line of said Trunk Highway 212 a distance of Three hundred fifty (350) feet; thence South along the centerline of Hazel St. a distance of One hundred sixty -six (166) feet to the point of beginning. Also except the West One hundred eighty (180) feet (Subject to Hazel Street) of the North One hundred sixty -five and fifty -two hundredths (165.52) feet of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter (SW '/4 of SW 1/4 of SW 1 /4) of Section Thirty -four (34), Township Thirty (30) North, Range Twenty (20) West. (Document Number 367022) That part of Panama Avenue North (formerly known as Hazel Street) located in Sections 33 and 34, Township 30 North, Range 20 West, Washington County, Minnesota which lies southerly of "Line A" and northerly of "Line B." `Line A" and "Line B" are described as follows: "Line A ": Beginning at the northeast corner of Lot 1, Block 1, McMILLAN AND COOLEY'S ADDITION TO STILLWATER, according to the plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota; thence northeasterly on a straight line to the northwest corner of what was formerly Lot 14, Block 1, MURDOCKS ADDITION TO OAK PARK, now vacated, according to the plat thereof on file and of record in said Office of the County Recorder, Washington County, Minnesota. Said "Line A" there terminating. "Line B ": Commencing at the northeast corner of Lot 30, Block 5, McMILLAN AND COOLEY'S ADDITION TO STILLWATER, according to the plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota; thence South 00 degrees, 51 minutes, 38 seconds East (Washington County Project Coordinate System), along the east line of said Lot 30, 20.00 feet to the point of beginning of "Line B "; thence North 89 degrees, 25 minutes, 07 seconds East, 60.00 feet to the easterly right-of-way line of Panama Avenue North and said "Line B" there terminating. Subject to and reserving in the City of Stillwater an easement for the construction, maintenance and repair of municipal utilities. (Document Number 653110) 7