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HomeMy WebLinkAboutDevelopment Application CITY OF OAK PARK HEIGHTS *DEVELOPMENT APPLICATION 1 e0-2 a li)` 14168 Oak Park Boulevard P,O. Box 2007 Base Fee: d cp I`' Oak Park Heights, MN 55082 Escrow Amount: S SOO 1 (651) 439 -4439 Fax: (651) 439 -0574 Street Location of Property 15 60" sr: ft • _. DARK ,ere161+m , nn,v ssorrr. Legal Description of Property 5 CC' ATTAc rre _.._. ► rT s A 4 5 Owner: Name, h3A wrs przoPE gr Address: GZ o N. MAIN 0 317 City: STS« 1,./4-7E12 State: M N Zip: p —'Z- Telephone: (Home) (Business) ._ (Fax) (Other) 6 12 - 7''I! Li3`60 Applicant: Name_ Address: 6 2 0 N IVO N .. ___ #3 City: 3TiL!- wA-Tr . State: MA1 Zip: 53-0g2 Telephone: (Horne) (Business) (Fax) (Other) 6 , 12 - 111 - '13`O Type of Request(s) Zoning District Amendment Horne Occupation Conditional Use Permit Site Plan Review Variance: Single Family Residential PUD: Amendment Variance: Other Residential /Commercial /Industrial ^ PUD: Concept Plan _ Subdivision ___.. PUD: General Plan X Subdivision: Minor 'Street Vacation Comprehensive Plan Amendment City Financial Assistance Description of Request(s): �._ 3 E tYTTitc_H:L'9 if a request for planning /zoning action on the subject site or any part thereof has been previously approved, please describe it below: i l)/ Owner /Applicant Initials hP a 3 I - 6 5.10 - ply ► -L� j Y 1c & Development Application, Page 2 General Conditions Application Review The undersigned acknowledges that before this request can be considered and /or approved, all required information and fees, including'any deposits, must be paid to the City. An incomplete application will be returned to the applicant. The application approval process commences and an application is considered complete when all required information and fees are submitted appropriately to the City. Professional Fee Responsibility It is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s) will be promptly paid upon receipt. If payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. It is understood that interest will be charged on the account at the maximum rate allowed by the Fair Credit Act if it becornes thirty (30) days past due. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of application and shall be paid prior to the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assessed against the subject real property if unpaid by October 31 of each year. Property Address 15OZ) 6e," 67% ,V. 041c PAYLK TIE/ t 1 MN Date: /5 Own:-/ i �/Mr �f .rim Date: MIN/ „some pp/ nt Signature Development Application, Page 3 CITY OF OAK PARK HEIGHTS FEE SCHDULE 14168 Oak Park Blvd. N. PD. Box 20O7 Oak Park Heights, 55082 (Updated 09-12-08) DEVELOPMENT ACTIVITY BASE FEE " ESCROVV Zoning District $400 $1,000-3,000 r��� r Conditional Use Permit/Amendment: Residential %150 N/A Conditional Use Permit/Amendment: Industrial/Commercial $400 $1.000-3 �4 ----- Variance: Single Family Residential $150 N/A Variance: Industrial/ Commercial $200 �1,U0O-3/]0O Subdivision: M Subdivision: Minor $200 �5OO Home Occupation Site Plan Review � $400 $1.000-\000 ' Street $500 __-_- PUD: Amendment $700 $1,000-3,00 PUD: Concept Plan 08-3,000 PUO: General Plan $1.000-3.000 Comprehensive Plan Amendment %500 $1,00O-3/]00 _____ City Financial Assistance Non-Refundable N/A Eg: TiF, Tax Abatement, Special Assessrnents, Annexation, $3`000 Special District Projects, Etc.. *Escrow: Escrow is a guarantee that all final bills for the project will be paid. Based on Number of Units: 1-9 $1.000 10-50 $2.000 51+ $3,000 If the project exceeds 10 acres in size an individual escrow will be calculated for the project All new subdivisions must satisfy park dedication requirements. Home Occupation and Home Occupation Minor are renewed annually and require $10 annual renewal fee. CONTACT INFORMATION LIST Hans Larson Attorney for Phil Barbatsis Thole Law Firm 275 South Third Street Suite 203 Stillwater, MN 55082 Office: (651) 439 -1112 Sue Steinwall Fredrikson & Byron, P.A. Attorney for Xcel Energy 200 South Sixth Street Suite 4000 Minneapolis, MN 55402 -1425 Office: (651) 492 -7171 Keith Crocker, L.S. Platting Manager MnDOT Metro District Right of Way Office 1500 West County Road B2 Roseville, MN 55113 Office: (651) 234 -7560 E -mail: keith.crocker@state.mn.us Barry Stack STACK LAND SURVEYING 9090 North Fairy Falls Road Stillwater, MN 55082 Office: (651) 439 -5630 DESCRIPTION OF REQUEST Xcel Energy will be executing a Quit Claim Deed to Barbatsis Property LLC for a parcel of real estate in the city of Oak Park Heights, MN. Barbatsis Property LLC is seeking Minor Subdivision approval for the overall Tara Parcel (See Exhibits A & B), which will contain the current Barbatsis Parcel as well as that which will be deeded from Xcel. (See Exhibits C -G). The overall Tara Parcel will become a parking lot adjacent to Phil's Tara Hideaway. Barbatsis Property LCC will be granting the city of Oak Park Heights a Parking and Trail Easement for a portion of the Overall Tara Parcel. (See Exhibits H & I). TABLE OF CONTENTS OVERALL TARA PARCEL LEGAL DESCRIPTION EXHIBIT A CERTIFICATE OF SURVEY FOR OVERALL TARA PARCEL .. EXHIBIT B LEGAL DESCRIPTION OF BARBATSIS PROPERTY (TORRENS)... .. EXHIBIT C CERTIFICATE OF TITLE FOR NSP EXHIBIT D LEGAL DESCRIPTION OF NSP (TORRENS) . EXHIBIT E LEGAL OF PARCEL DEEDED FROM NSP TO BARBATSIS EXHIBIT F REMAINDER OF ABSTRACT EXHIBIT G PARKING AND TRAIL EASEMENT . EXHIBIT H EXHIBIT FOR CITY EASEMENT .. EXHIBIT I EAVISF A- STACK LAND SURVEYING 9090 North Fairy Falls Road Stillwater, MN 55082 (651) 439 -5630 April 1, 2013 Keith Crocker, LS MnDOT, Metro District 1500 West Co. Road B2 Roseville, MN 55113 PROPOSED FINAL OVERALL TARA PARCEL PERIMETER DESCRIPTION: (to be used for Title Registration and Proceedings Subsequent District Court Actions Only) (contains both Torrens Title and Abstract Title Parcels owned by Xcel Energy and Club Tara) All that part of the Northwest Quarter of the Northwest Quarter of Section 3, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows, to wit: Beginning at the northwesterly corner of said Northwest Quarter of the Northwest Quarter; thence on an assumed azimuth from north of 178 degrees 18 minutes 41 seconds, along the westerly line of said Northwest Quarter of the Northwest Quarter, 177.38 feet; thence on an azimuth of 90 degrees 37 minutes 02 seconds 210.37 feet; thence on an azimuth of 165 degrees 15 minutes 35 seconds 147.26 feet; thence on an azimuth of 90 degrees 00 minutes 48 seconds 235.98 feet; thence on an azimuth of 357 degrees 27 minutes 53 seconds 328.16 feet, more or less, to the intersection with the northerly line of said Northwest Quarter of the Northwest Quarter; thence westerly along said northerly line 474.55 feet, more or less, to the point of beginning. Excepting therefrom all that part lying northerly of the southerly line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82 -126, as the same is on file and of record in the office of the Registrar of Titles in and for said Washington County, Minnesota. I hereby certify that this survey, plan. or report was prepared by me or under my direct supervision and that 1 am a duly Licensed Land Surveyor under the laws of the State of Minnesota. . .1L Barrett M. Stack Date: April 1, 2013 License No 13774 $ • . -rte ' ASDt3 i► 67L r ar �• �"yi • t m MN fi p� ,+ y ,{, �/ 00 of d y �, ?+.R `W . - ;` S an d fi � ,.....-.5-1/.1 sg 3+, i {W ` of rarx + I • ^ '' � � mow' * � � 1 ' / eifr c .,. „ t it s - a` -- � �, , f ",- i w ; - {vJr ��varvr oti �sz /y n vl 4 r /L/ Na r C y „' px' '` x—a , Y' . A�'Y 1. I "0-1 """��.... fe TIP C yl Q / t �x v h {sswx� e � r� •s ] 1i . 111 + tv ry �. I y ._ _LE O/2 70,6606 ?. a x 7da7 r zip./Y/ !✓f b l -', _ r-r 1 (z) ,.., — iii ._ _. O tt ___ 1 r ,..., I _, : 1 v z, /-zo (,J, _) t7� j r n iraC o r � ° ryb� f 8o�7�v L I s I lL ?d�a'1.s6'4 ., 'fr'� ; FY I a `' lY IZ 7o�1^�J r v�i0 - Ft'F>s / -_ 002/ 9 { 8 1 h • :.st - 9F ZE / -- ` h nZP,IF.OLr 41'-- IlP 0O1J0/ LB �yJ 1 « � LC 4, " „ � f , tfo 7 0 ` - a f � � � A _____. ( ' _ e,•s� S a hr 4 s,. n�s7 r9//, DO 00/ — - 6 .. a 4 09 2 1® 0 p L � i 6 w; r ££6/ 3PS ;� Li � yr y { 20 Lfe0 .[8 y No . W j� I t 1 toO F i ]K 77J?% x 3,... , ! --��' .: ;:' ll? / _____ e AIN #v7iY - E -- _ - - 014 :411 . 4 14 • _ J - - yf 6192' .{ /O,P/.i. - - - �1oaa ; 9E' •OA/ .w..07/ ,,,,v/402 i+rOry .1,-,,z., __ ---,,.-.........................______. CERTIFICATE OF SURVEY BARRErf M. STACK Stack Land Surveying STILLWATER. MINN. 55082 9090 North Fairy Falls Road MINNESOTA REGISTERED Stillwater, Minnesota 55082 LAND SURVEYOR (651) 439-563 Tel.No.439-5630 "VEYMADEEXCLUSIVELY FOR: Minnesota Dept. of Transportation Barbatsis Property LLC Metro District 620 No. Main St. *319 1500 West co. Rd. 82 Stillwater, MN 55082 Roseville, MN 55113 See Proposed Final Overall Tara Parcel Perimeter Desc. on Separate Sheet: Notes: Orientation of this Azimuth System is assumed datum. o Indicates a 1/2" I.D. Iron Pipe set marked with a plastic plug inscribed STACK LS 13774. i 1. fop Indicates monument found in place as noted. " Indicates Manhole locations per coordinate data supplied by MnDOT. These manholes are shown for general illustrative purposes only. The manhole locations themselves may or may not be directly over the sewer P Al lines. Some of these sewer lines and manholes are currently under many Pe. Y, feet of fly ash and the exact location of these utilities are not known - & k by Stack Land Surveying. Be advised that recorded easement descriptions , ..- = — e for some of these utilities do not coincide with the manhole locations -.- shown. These utilities should be accurately located and correct descriptions prepared and recorded. As directed, other public or private utilities, on or adjacent the parcel, were not located in conjunction with this survey, unless shown or noted otherwise. Indicates existing access controls as shown on Minnesota Dept:. of Transportation Right of Way Plat No. 82-126, as the same is on file ani of record in the office of the Registrar of Titles of Wash. - - Co Minnesoti. 'Example: "B4' and "812607" Indicates location of MnDOT R/W Plat No. 82-126 plat corners and angle points. Iron pipe set at R/W corner 84 is set .in heavy frost and encountered an obstruction down 16"t from level- ' SURVEY AND M DESCPTPTDINS REP* T:',, ----- ' - Numerous descriptive conflicts exist between e curren .s rat a Torrens parce3s shown generally hereon. As directed specific details oi these conflicts is not shown on this survey. The Proposed Final Overall Tara Parcel Perimeter Description, as shown on the attached Sheet, is . ded to be used for a Proposed Title Registration Action and for a .---, ' intended . proceedings subsequent Action in District Court to correct these conflicts. ,._ portions Of the existing Xcel Energy property, both Abstract and Torrens , '"--- ' oarcels, proposed to be conveyed to Barbatsis Property LLC will require the : inoi Subdiviion Approval of the City of Oak Park Heights. Final survey ont td be pla6ed after subdivision approIal is obtained or sooner, as irdated by,, ',, ' ' ,- '' ' 5 --. ,-,. ,..., ., . , , ----"-*---------- - CERTIFICATE OF SURVEY "1114T44-8TAC4'. Stack 1.,..rat 4,o, avyie.4 ,,,,,t illiiihalK14, Mike iiiiti 9 .", 4471'eTA"1"7-411"" St 11144tt , tr.ores *a "r itstastetilea "511 439- ,.• Id. tea eie-friat . Ittygy MALIK IXCLI3InlY TOL e of Tr insport at ter 41 1500 heat Co. A. 1.2 51.113w on '-. v. Roseville, ?et 55113 ate paired Final Overall Tara Parcel Perimeter Dt'ffC. - a Scrarate Seet,t, Kotesr orientation of this Artmeth system is easomed datum. ' o Indicates is 1/2` I.O. Iron Pip., set Mat4r i Plth a plastic pluq inserited STACK LS 13774. F. Indleates isonturent found in place as noted. .....41p. 1 0. rad ,,,,,,, ical . e: s tankti .r. 0..m le locations e z pe . r 1 c t in tv ..3at t, t4s , ip . t , - ; ` . .t. „ . , ,, , , ,,L e st y . e -.„- . : "'"' --, • manhole locations themselves may or may not he directlyoveri e itrtaew.,,s1 - - - , ,.._ ,7 eie.As e , Al liess. Semi * he t these 4.21 14.444 and manholes ae r curt; e , ittl ,Is - - - '-' '' -7 " 4g r , ^4 feet Of fly ask an the easet location of these -.ital." es a t ii. Astose ' by bsbasys Ir Kairetryiegi. Re advised that recorded .- ..„..... f mme ot theme titillates do reit coincide with the xe eginne,_ i„ 1c ar t. 72Nted.OK ,,, , , ., or ..1...tiaitlee„shoiald he aceurita i ly located an, ,c . ,t ea . .., . t...,... --7- -- pared at@ ten fis directed. other pu3alic or praiate ot.i.t --'" -- --- or el the parcel. etre kat ltiCated in cenjunttion with ttos 4 Iv. 1, _ 4"0. f A' _ - -"--""'-'2*----------' . ' ' a=i*** 114.** ,se noted otherelst. , ._., e heavy tre - t cetrls 44 sho 1 LI A` i ' ' , ' ' ..,....., . . o ' Indicates existing actieste nawn -a ,: ,...„. 5„ i tt i t i; ' ,, 7 ) . - ,--,,,7" ' . { ---7 y. rio TrainspOrtin Wight of Plat No. Way 47-17.5. as the ...it .7:- . -. —' -..-4V- '' 74 41-- --1" he Ve '''' ' e'77-"' t- tsti t n the Oftlee of the Registrar of Tit' L.. , t btii - 4 i so ar. tilt .10,61 a — ', '''"'''..., • ''' - 6 : -27. '"1., '' Aseesz --- . kti ,„ .„, i i __„., ,, , ,, ,., 4„.....,,.. - . ,.■ 4 ''''' Z.-- ;'';';' -. f '- , :;''.32' : :: ±., 4 , 7vi p4 , 47 " ": . . 't• c- 1 . 4' , "4:<1.- ° 'Li t 4. ' 1- l• „ I . - -' --.- . ,. K:ases Ile ef;•4 aa 4 . 1 .a ty , e ,e 11: , : ; P vklitw.l.,,,,,,,..j..,,,:t.i..,.„.. ? 7-7-- .' , ., -r . .. . . " .. - ' - , i 54 eie......., . "If ". - . ....,,, is, a r4 er teremid an tt ob tre. r. nen ... , - ...„ 7 1 .1....., , 5 ,.. ,,,..., 7 --. 7.,...--.-........ ` - ' .6 ''' 04 ', it. .,. e , ' 5,...,5 0,1440 , Ai .,......., • . ' : 4r; i I ^ ,' A6. 4.l' 1 ' ' - 41$7el, ■■■ „..,,,,,,,,,, ,,, , ...Z7 &A/40 ..... „ , i , iv'e ........-- 1 1 , 1.., . .,,,. 1 - SU ithe ear.STIa= 144.sW7111F REPORT: ,., 1 ' • ' ' t ' - 4 ' --- - ----'-' .„ ..,,,,.. ;.:,3 ; C be .c. t r,.. tw k eyr . j t r,, ,t, ur: i - , ,...,..,-.. -. , . ''''' (xee —..1 1 I i 1 --- °- " - m '.* .....- -.4-4. ,,, ' inatee 4 lai not shewn on this survey. The i' - ,• - _ ' '' '-'-' '' ''' Force fortis-tot Deszliption, as shown on th, ..t 4 4AtiL Atelf ' liter‘z: 4 .. ‘4 .. , „I 4,, ,, ,t. : 4 ,,,,,, Tt, ite3,„,,, . ;44 .. . fbvirz Aff , k...,. , :1"7." - - - - ef;;; '4'''''‘, . . „...,,, , 44 4, 6r ,,,, ,. ,. er.,--1 4 i. r f._ ,, ,e..fir,, , "_." - s. ' , t : ' - -, , ',. . put-,:et5, co...scared tu. 4, L t .1 . . _ P ak .... .a. te — "......A._-4----;:: e. / i t . , i ; y47 ,) t,t , - . ,,,,.,, Y Darb - , - . , , s „t,d, t i„,,„ e C"y kiorovil te or ok , F ,, la i t4 , r ob z i,,d i - ' ' ' f 4.....' • 4141$44.40414t 4 t4 R44 04044 after soodiv iston ipso - , 1 .-. ----- .._ 1 i.....*- ---7( 4 - ei '''' - i --- -e , '. --- ' --'--..,. - ' I '---- - ''- t .., ... 1. ' '''t, ---- -- --:-,...4'c' ----...-!t - - -• - --- ' I *I,- A WI Ni ‘4 f ieV14' ' tt,'• tt, Ni te.0 ' - . . - i - .•.- --- ''' i ...'''' ''' ' ' ' ''. ' k-' ' : . '''?'4 ': .",, , r.4'.>. , :r. 0 4 ' 4 '' -: : ' 'Alt,' ' ' • ,..-,4„ !.." -... ' - 1 .- . ' , '7?„,*,‘,,,,7.4iid..... i t 1 - ' ' . ' ` • 1.f# --N-.. .. ' .. ' „P",',.. ,P r1'). ,5-4-„ 4..,,-.' , _--.-.- t - ...:7. r ref.. 4.-4ro''' ....,,,,,...-, .1 ' - ;;;4: . 2 iir:'' bc4 ' ,..,..“. .. 4,-... ,-...,..,--, ., . ,-. -,,, ,,,,,, . ,.., ..,...„ ,,,:.-7,,,,In"-1:::fia:31,„, ‘ . . .....,.,,, „,.., v.:, ,,., IA •',,-, -.. ,",',.. , ' - ' ' '" . .......-,-.... �� J yr 3 lct�r r G MINNESOTA DEPARTMENT OF TRANSPORTATION ' I C.S. ?Zic( ! to=`f -r 1 gr? `i PARCEL NO. r j COUNTY OF WASHINGTON JOB NO. T J2tD ^iZ 1(4 d I q TITLE OPINION I hereby certify to the State of Minnesota that I have examined the title to the real estate herein described as shown by the records in the office of the County Recorder, Registrar of Titles, County Auditor and County Treasurer, and as shown by said records the title to the following described tract: All that part of the NW %a of NW 'A of Section 3, Township 29, Range 20, as follows: Commencing at a point on the Southerly right of way line of Minnesota T.H. #212, 75 feet East of the west line of Section 3, Township 29, Range 20; thence South and perpendicular to said right of way line 115 feet; thence West and parallel to said right of way line 75 feet to the West line of said section 3; thence north 115 feet along the West line of said Section 3 to a point on the Southerly right of way line of said T.H. #212 thence East along said Southerly right of way line 75 feet to the point of beginning of this description. NWNW of section 03 , Township 29 North, Range 20 , Washington County, • is at the date of this certificate in the following named persons: (if the title is registered, note the certificate number.) REGISTERED LAND TORRENS CERTIFICATE NO. 65865 ✓ Book and Page Nature Date of Document and/or Name of Spouse or Name of Interest & Recordmg Date Document No. if Single, so state Barbatsis Property, LLC Fee D: April 27, 2009 T-1190962 R: April 27, 2009 During the past five years the title to said tract was in the following persons, if different from above: Book and Page Nature Date of Document and/or Name of Spouse or Name of Interest & Recording Date Document No. if Single, so state )' MINNESOTA DEPARTMENT OF TRANSPORTATION C.S. &/`I ( = Yf yv PARCEL NO. )/ COUNTY Oki WASHINGTON JOB NO. TITLE OPINION I hereby certify to the State of Minnesota that I have examined the title to the real estate herein described as shown by the records in the office of the County Recorder, Registrar of Titles, County Auditor and County Treasurer, and as shown by said records the title to the following described tract: • All that part of the Northwest Quarter of the Northwest Quarter (NW 'A of NW 'A) of Section Three (3), Township Twenty -nine (29) North, Range Twenty (20) West, as follows: Commencing at a point on the Southerly right of way line of Minnesota T.H. #212, 75 feet East of the West line of said Section 3, Township 29 North, Range 20 West; thence South and perpendicular to said right of way line 115 feet; thence East and parallel to said right of way line 140 feet; thence North at right angles to the last described line 115 feet to a point on the Southerly right of way line of T.H. #212; thence West along said Southerly right of way line 15 feet; thence South at right angles to said right of way line 100 feet; thence West and parallel to said right of way line 100 feet; thence North at right angles to said last described line 100 feet to a point on the Southerly right of way line of said T.H. #212; thence West along said right of way line 25 feet to the point of beginning of this description. • • NWNW of section 03 , Township 29 North, Range 20 Washington County, is at the date of this certificate in the following named persons: (if the title is registered, note the certificate number.) REGISTERED LAND TORRENS CERTliCATE NO. 65866 ✓ • Book and Page Nature Date of Document and/or Name of Spouse or Name of Interest & Recording Date Document No. if Single, so state Barbatsis Property, LLC Fee D: April 27, 2009 T- 1190962 R: April 27, 2009 During the past five years the title to said tract was in the following persons, if different from above: Book and Page Nature Date of Document and/or Name of Spouse or Name of Interest & Recording Date Document No. if Single, so state / r 3 op 3 MINNESOTA DEPARTMENT OF TRANSPORTATION C.S. PARCEL NO. COUNTY OF WASHINGTON JOB NO. TITLE OPINION I hereby certify to the State of Minnesota that I have examined the title to the real estate herein described as shown by the records in the office of the County Recorder, Registrar of Titles, County Auditor and County Treasurer, and as shown by said records the title to the following described tract All that part of the NW ''A of NW ''A of Section 3, Township 29, Range 20, described as follows: Commencing at a point on the South Iine of State Trunk Highway No. 45,100 feet East of the West line of said Tract, measuring along the South line of said Highway; thence East along the South line of said Highway 100 feet; thence • South at right angles with the South line of said highway 100 feet to a point; thence West on a line parallel with the South line of said highway 100 feet to a point; thence North at right angles with said last described line 100 feet to the place of beginning. • . i NWNW of section 03 , Township 29 North, Range 20 Washington County, is at the date of thi.s certificate in the following named persons: (if the title is registered, note the certificate number.) REGISTERED LAND TORRENS CERTIFICATE NO. Book and Page Nature Date of Document and /or Name of Spouse or Name of Interest & Recording Date Document No. if Single, so state Barbatsis Property, LLC Fee D: April 27, 2009 A- 3736733 R: April 27, 2009 During the past five years the title to said tract was in the following persons, if different from above: Book and Page Nature Date of Document and/or Name of Spouse or Name of Interest & Recording Date Document No. if Single, so state Philip Barbatsis Fee D: April 27, 2009 A- 3736732 R: April 27, 2009 • MOST Company, Inc. Fee D: March 3, 2004 A- 3721376 R: January 14, 2009 Robert W. Browning and Fee D: January 6, 1988 A- 560611 Dorothy H. Browning R: January 11, 1988 • .e xti ( L, Book 158, Page 171 . . ,� 'y _ �a 1 - ; 1 � t � a r • 11 I j 4955 Transfer from No. 20511. Originally registered the Twenty —first day of December, A.D. 1964, Register of Titles 42, Page 268, Washington County, Minnesota. STATE MINNESOTA. Proceeding No. 478 STATE of S ,� COUNTY of WASHINGTON J `-� (Thi i t0 b t NORTHERN STATES POWER COMPANY, a corporation under the laws of the State of Minnesota, residing at 414 Nicollet Mall in th City pf Minneapolis S County of Hennepin , and of Minnesota J is now the owner of an estate, to wit: in fee simple of and in the following ifescrided rand, situated in the County of Washington and State of Minnesota to wit: All that pan NW' /. of NW 14 of Scc. 3, Tp. 29, Rgc. 20, ElfdPs Addition, and Oak Park Addition, as now on Ole and of record in the office of the Register of Deed, in and for the County of • Washington, Stale of Minnesota, described as follows: Commence at the NW comer of Sec. 3, Tp. 29, Rge. 20, Washington County, Minnesota; thence South along the Wcsl lint of said See. 3 for 45.25 feet to its intersection with the S'ly line right of way of Minnesota Highway No. 212 as now located and traveled, said point of intersection being the point ofbcginning of this description; thence continuing South along said West line of Sec. 3 for 1137.0 feet to the SW comer ofN W ''4 of NW V. of said See 3; thence E. along the South line of said NW '/. of NW 31 for 603.0 fen to its intersection with B'ly right of way line of abandoned Chicago, St. Paul, Minneapolis and Omaha Railway Co.; thence NE9y along said Ely right of way line for 1030 feet more or less to its intersection with the E. Tine of said NW % of NW '' '44; thence South along said B WIC of NW 'A of NW '/. for 13.2 het to its intersection with the South line of Block No 10 of Oak Park Addition extended W 9y, thence E. along said extended South line, and South line of Block No. 10, and across now vacated 4 Sheet and South line of Lot 16 of Block No. 9 of said Oak Park Addition for 490.0 feet to the SE comer of said Lot No. 16 of Block No. 9; thence North along the B. line of Lois No. 16 and 15 of said Block No. 9 for 75.0; to the NB comer of said Lot No. 15 of Block No. 9; thence East across now vacated alley and South line of Lot No. 3 of said Block No. 9 for 96.3' toils intersection with the W 9y line 01 South Avenue oho known as County Ilighway No. 23 as now located and traveled; thence N\V'Iy along said \V'ly lino of South Avenue also known as County Highway No. 23 for 689 feet to its intersection with North lint of Block No. 15 of Rifelt's Addition; thence West along said Noah lino of Block No. 15 and across now vacated 5 Street and North line of Block No. 16 of said Elfclt's Addition for 505.6; to the NW comer of said Block No. 16; thence South along the W'ly lino of said Block No. 16 for 37.5 feel to Os intersection with the S'ly right of way lino of Minnesota Highway No. 212; thence W'ly along said S'ly right of way line of Minnesota l lighway No.21210 its intersection with the t mer line of now vacated 6 Street; thence South along said center line of now vacated 6 Street to its intersection with the North line of said NW '1. of NW 54 of See. 3; thence West along said North line of NW' /. of NW ''4 of See. 3 for 165 feet roils intersection with the S'ly line of said Minnesota llighway No. 212phence continuing West along said North line of NW Y. of NW ''A and the Sly right of way line of Minnesota Highway No. 212 for 135' +. to a point where said right of way deviates from said section line to the Southwest; thence SW'ly along said right of way of Minnesota Highway No. 212 for 105 feet more or less to its intersection with a line drown pamlkl with and 597 feet East of the West line of said NW Y. of NW V. of 3; thence south along said parallel One and 597 km Q of the West lint of NW 'A of NW 'h for 100 feet; thence W ly on a straight lino to an iron pipo, said iron pipe being set on a Ikedmwn parallel to and 379.2' E. of said West line of NW ' '44 of NW Y4 of Sec. 3; and 100 feel South of the S'ly right of way line of said Minnesota Highway 10. 212; thence North and parallel with and 379.2' E. of said West lino of NW 4 of NW' /. for 100' to its intersection with said S'ly line of Minnesota Highway No. 212; thence \WI y along said S'ly right of way line of Minnesota Highway No. 212 Inc 149.2 feet more or less to a point which is 230 feet Hut of said West line of NW Y. of NW 14; thence North at right angles for 17 feet along said tight of way lint of Minnesota Highway No. 212; thence W'ly along said S'ly right of way line of Minnesota Highway No. 212 for 30 feet; thence South at right angles for 100 feet; thence Well and parallel with said S'ly right of way littoral Ilighway No. 212 for 100 feel; thence North at right angles for 100; to its intersection with said Sly right of way line of Minnesota Highway No. 212; thence W'ly along said S'ly right of way line of Minnesota Highway No. 212 for 100 feet to the point of beginning. B X C E 9'1' I N O therefrom the tract described as follows, to-wit: All that part of the Northwest Quarter of the Northwest Quarter (NW y ofNW %) of Section Throe (3), Township Twenty -nine (29) North, Range Twenty (20) West, as follows: Commencing at a point on the Southerly right•ofwayline of Minn. T.H. 8212, 75 fro' East of the West line of said Section 3, Township 29 North, Range 20 West; thence South and perpendicular to said right -of -way lino 115 feet; thence East and parallel to said right -of -way line 140 feet; thence North at right angles to the lost described line 115 feet to a point on the Southerly right -of-way line of said T.I1. 11212; thence West along said Southerly right-of -way line 15 feet; thence South at right angles to said right-of-way line 100; feet; thence West and parallel to said right- of.wsy line 100 feet; thence North at tight angles to said last described line 100 feet to a point on the Southerly right -ofway line of said 'GH. 8212; thence West along said right -of -way line 25 feet to the point of beginning of this description also EXCEPT All that part of NW ' /. of 14W ''A of Section 3, Township 29, range 20, as follows: Commencing at a point on the Southerly right -of -way line of Minnesota T.11. 6212, 75 feet Past of the West tine of Section 3, Township 29, Range 20; thence South and perpendicular to said right -of way line 115 feet; thence West and parallel to said right-of -way line 75 feet to the West line of said Section 3; thence North 115 feel along the West line of said Section 3 to a point on the Southerly right-of-way line of said T.H. 0212; thence East along said Southerly righaof -way line 75 feet to the point of beginning of this description. ALSO EXCEPT That pan of the Northwest Quarter of the Northwest Quarter of Section 3, Township 29 North, Range 20 West, Lois 1 through 8, Block 16, Lots 1 through 7, Block 15, all in Elfeil', Addition 10 Oak Park, Lots 1 through 8, Block 13, Lots 6 through 8, Block 14, Lots 4 through 12, Block 10, Lots 3 through 6 and Lots 9 through: 14, Block 9, all in Oak Park, including all streets accruing thereto, shown as Parcel 63A on Minnesota Department of Transportation Right of Way Plat Numbered 82.77 as the same is on file and of record in the orrice of the Registrar of Tides in and for Washington County, Minnesota. Subject to an exception and reservation of all minemis and mineral rights by the State of Minnesota, in tout for itself and the taxing districts concerned interested in said land as provided by taw for the following parcels: Lot 9, Block 9, of Oak Park, Lots 10, 11, and 12 and that part of Lot 5 lying N. of RR, Block 10 of Oak Park and Lot 1, Black 15 of Elfclt'rAddition. Subject to the encumbrances, liens, and interest noted by the memorial underwritten or endorsed hereon; and subject to the following rights or encumbrances subsisting, as provided in Laws 1905, chapter 305, section 24, namely: 1. Liens, claims, or rights arising under the laws or the Constitution of the 41nitedStates, which the statutes of this state cannot require to appear of record; 2. Any real property razor special assessment for why n safe of land has not been had at the date of the certificate of title; 3. Any lease for a period not weeding three years, when there is actual occupation of the premises under the lease; 4. Affrights in public highways upon the laird; 5. Such right of appear right to appear and contest the application as is Wowed by haw; 6. '76e tights of any person in possession under deed or contract for deed front the owner of the certificate of title; 7. Any autstaru(ing mechanics lien rights which may exist under sections 514.01 to 514.17. y4 °w °pt f II 'that the said (isfis not) the age of eighteen ears or older, r°c� 0 .. is under no regal incapacity except. and is (sing a /married) to * ± or ,who (isfis not) of the age of eighteen years or after slid is under no (egat i i incapacity except ..1, �NQ,o n ° In Witness 4N(iereof I have hereunto subscribed my name and affixed the seal of my office j this Snvnnrh day of Nnvrmhr �" ""`19 gistrar of 'Titles, In an or the C . Q of Washington. and State of Minnesota By A - Deputy. Residuary TITLE OPINION L XK /KIT E I hereby certify to the State of Minnesota that I have examined the title to the real estate herein described as shown by the records in the office of the County Recorder, Registrar of Titles, County Auditor and County Treasurer, and as shown by said records the title to the following described tract: All that part of the Northwest Quarter of the Northwest Quarter (NW % of the NW '4) of Section Three (3), in Township Twenty -nine (29) North, of Range Twenty (20) West of the Fourth Principal Meridian, described as follows, to -wit: Beginning at an iron monument set at the intersection of the Southerly right of way line of Minnesota State Highway 212 with a line drawn parallel to and Three Hundred Seventy -nine and Two - tenths (379.2) feet East of the West line of said tract, and running thence South along said parallel line One - Hundred (100) feet to an iron monument; thence Easterly on a straight line to an iron monument; said monument being set on a line drawn parallel to and Five Hundred Ninety -seven (597) feet East of said West line of said tract, at a point One Hundred (100) feet South of the intersection of said parallel line with said Southerly right of way line of said highway; thence North along said parallel line just described One Hundred 9100) feet to an iron monument set on said Southerly right of way line of said highway; thence Westerly along said right of way line to the point of beginning, containing Five- tenths (0.5) acres, more or less, according to the United States Government Survey thereof. NWNW of section 03 , Township 29 North, Range 20 Washington County, is at the date of this certificate in the following named persons: (if the title is registered, note the certificate number.) REGISTERED LAND TORRENS CERTIFICATE NO. Book and Page Nature Date of Document and/or Name of Spouse or Name of Interest & Recording Date Document No. if Single, so state Northern States Power Company Fee D: October 5, 1996 A- 905461/ R: October 3, 1996 During the past five years the title to said tract was in the following persons, if different from above: Book and Page Nature Date of Document and/or Name of Spouse or Name of Interest & Recording Date Document No. if Single, so state EXHIBIT F That part of Tracts A and B described below: Tract A. All that part NW % of NW 1 /4 of Sec. 3, Tp.29, Rge. 20, Elfelt's Addition, and Oak Park Addition, as now on file and of record in the office of the Register of Deed, in and for the County of Washington, State of Minnesota, described as follows: Commence at the NW corner of Sec. 3, Tp.29, Rge. 20, Washington County, Minnesota; thence South along the West line of said Sec. 3 for 45.25 feet to its intersection with the Sly line right of way of Minnesota Highway No.212 as now located and traveled, said point of intersection being the point of beginning of this description; thence continuing South along said West line of Sec.3 for 1137.0 feet to the SW corner of NW' of NW 1 /4 of said Sec.3; thence E. along the South line of said NW 1 /4 of NW % for 603.0 feet to its intersection with Ely right of way line of abandoned Chicago, St. Paul, Minneapolis and Omaha Railway Co.; thence NE'ly along said Ely right of way line for 1030 feet more or less to its intersection with the E. line of said NW '/ of NW '/4; thence South along said E. line of NW % of NW' for 13.2 feet to its intersection with the South line of Block No. 10 of Oak Park Addition extended W'ly ; thence E. along said extended South line, and South line of Block No. 10, and across now vacated 4th Street and South line of Lot 16 of Block No. 9 of said Oak Park Addition for 490.0 feet to the SE corner of said Lot No. 16 of Block No. 9; thence North along the E. line of Lots No. 16 and 15 of said Block No. 9 for 75.0; to the NE corner of said Lot No. 15 of Block No.9; thence East across now vacated alley and South line of Lot No. 3 of said Block No. 9 for 96.3' to its intersection with the W'ly line of South Avenue also known as County Highway No.23 as now located and traveled; thence NW'ly along said W'ly line of South Avenue also known as County Highway No.23 for 689 feet to its intersection with North line of Block No. 15 of Elfelt's Addition; thence West along said North line of Block No. 15 and across now vacated 5th Street and North line of Block No. 16 of said Elfelt's Addition for 505.6; to the NW corner of said Block No. 16; thence South along the W'ly line of said Block No. 16 for 37.5 feet to its intersection with the Sly right of way line of Minnesota Highway No. 212; thence W'ly along said Sly right of way line Minnesota Highway No. 212 to its intersection with the center line of now vacated 6th Street; thence South along said center line of now vacated 6th Street to its intersection with the North line of said NW'/ of NW' of Sec. 3; thence West along said North line of NW % of NW % of Sec. 3 for 165 feet to its intersection with the Sly line of said Minnesota Highway No. 212; thence continuing West Along said North line of NW' of NW' and the S'Iy right of way line of Minnesota Highway No. 212 for 135' + to a point where said right of way deviates from said section line to the Southwest; thence SW'ly along said right of way of Minnesota Highway No. 212 for 105 feet more or less to its intersection with a line drawn parallel with and 597 feet East of the West line of said NW' of NW' of Sec. 3; thence south along said parallel line and 597 feet E. of the West line of NW' of NW 1 /4 for 100 feet; thence W'ly on a straight line to an iron pipe, said iron pipe being set on a line drawn parallel to and 379.2' E. of said West line of NW % of NW % of Sec. 3; and 100 feet South of the Sly right of way line of said Minnesota Highway No. 212; thence North and parallel with and 379.2' E. of said West line of NW' of NW' for 100' to its intersection with said Sly line of Minnesota Highway No. 212; thence W'ly along said Sly right of way line of Minnesota Highway No. 212 for 149.2 feet more or less to a point which is 230 feet East of said West line of NW % of NW 1 /4; thence North at right angles for 17 feet along said right of way line of Minnesota Highway No. 212; thence W'ly along said Sly right of way line of Minnesota Highway No. 212 for 30 feet; thence South at right angles for 100 feet; thence West and parallel with said Sly right of way line of Minnesota Highway No. 212 for 100 feet; thence North at right angles for 100; to its intersection with said Sly right of way line of Minnesota Highway No. 212; thence W'ly along said Sly right of way line of Minnesota Highway No. 212 for 100 feet to the point of beginning. EXCEPTING therefrom the tract described as follows, to -wit: All that part of the Northwest Quarter of the Northwest Quarter(NW % of NW' ) of Section Three (3), Township Twenty -nine (29) North , Range Twenty(20) West, as follows: Commencing at a point on the Southerly right -of -way line of Minn. T.H. #212, 75 feet East of the West line of said Section 3, Township 29 North, Range 20 West; thence South and perpendicular to said right -of -way line 115 feet; thence East and parallel to said right -of -way line 140 feet; thence North at right angles to the last described line 115 feet to a point on the Southerly right -of -way line of said T.H. #212; thence West along said Southerly right -of -way line 15 feet; thence South at right angles to said right -of -way line 100; feet; thence West and parallel to said right -of -way line 100 feet; thence North at right angles to said last described line 100 feet to a point on the Southerly right -of -way line of said T.H. #212; thence West along said right -of -way line 25 feet to the point of beginning of this description also EXCEPT All that part NW % of NW' of Section 3, Township 29, range 20, as follows: Commencing at a point on the Southerly right -of -way line of Minnesota T. H. #212, 75 feet East of the West line of Section 3, Township 29, Range 20; thence South and perpendicular to said right -of -way line 115 feet; thence West and parallel to said right -of -way line 75 feet to the West line of said Section 3; thence North 115 feet along the West line of said Section 3 to a point on the Southerly right -of -way line of said T.H. #212; thence East along said Southerly right -of -way line 75 feet to the point of beginning of this description. ALSO EXCEPT That part of the Northwest Quarter of the Northwest Quarter of Section 3, Township 29 North, Range 20 West, Lots1 through 8, Block 16, Lots 1 through 7, Block 15, all in Elfelt's Addition to Oak Park, Lots 1 through 8, Block 13, Lots 6 through 8, Block 14, Lots 4 through 12, Block 10, Lots 3 through 6 and Lots 9 through 14, Block 9, all in Oak Park, including the streets accruing thereto, shown as Parcel 63A on Minnesota Department of Transportation Right of Way Plat Numbered 82 -77 as the same is on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. Subject to an exception and reservation of all minerals and mineral rights by the State of Minnesota, in trust for itself and the taxing districts concerned interested in said land as provided by law for the following parcels: Lot 9, Block 9, of Oak Park, Lots 10, 11, and 12 and that part of Lot 5 lying N. of RR, Block 10 of Oak Park and Lot 1, Block 15 of Elfelt's Addition; the title thereto being registered as evidenced by Certificate of Title No. 49652; Tract B. All that part of the Northwest Quarter of the Northwest Quarter of Section 3, Township 29 North, Range 20 West of the Fourth Principal Meridian, described as follows to wit: Beginning at an iron monument set at the intersection of the southerly right of way line of Minnesota State Highway 212 with a line drawn parallel to and 379.2 feet east of the West line of said tract, and running thence south along said parallel line 100 feet to an iron monument; thence easterly on a straight line to an iron monument; said monument being set in a line drawn parallel to and 597 feet east of said West line of said tract, at a point 100 feet south of the intersection of said parallel line with said southerly right of way line of said highway; thence north along said parallel line just described 100 feet to an iron monument set on said southerly right of way line of said highway; thence westerly along said right of way line to the point of beginning; which lies within Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner B4 as shown on Minnesota Department of Transportation Right of Way Plat No. 82 -126 as the same is on file and of record in the office of the County Recorder and the Registrar of Titles in and for Washington County, Minnesota, the title thereto being registered; thence southerly on an azimuth of 180 degrees 37 minutes 02 seconds for 17.00 feet along the boundary of said plat to Right of Way Boundary Corner B5; thence on an azimuth of 90 degrees 37 minutes 02 seconds for 15.00 feet along the boundary of said plat to the point of beginning of Line 1 to be described, said point being on the east property line of property as evidenced by Certificate of Title No. 65866; thence on an azimuth of 180 degrees 37 minutes 02 seconds along said property line and the southerly extension thereof for 115.00 feet; thence on an azimuth of 165 degrees 15 minutes 35 seconds for 147.26 feet; thence on an azimuth of 90 degrees 00 minutes 48 seconds for 235.98 feet; thence on an azimuth of 357 degrees 27 minutes 53 seconds for 263.61 feet to the boundary of said plat; thence westerly along the boundary of said plat on a non - tangential curve, concave to the north, having a radius of 1005.37 feet, a delta angle of 7 degrees 32 minutes 35 seconds and a chord azimuth of 266 degrees 50 minutes 42 seconds for 132.36 feet to Right of way Boundary Corner B12608; thence on an azimuth of 270 degrees 37 minutes 02 seconds for 143.50 feet along the boundary of said plat to the point of beginning and there terminating; containing 66206 square feet, more or less. REMAINDER OF ABSTRACT That part of Tract A described below: Tract A. All that part of the Northwest Quarter of the Northwest Quarter of Section 3, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows, to wit: Beginning at an iron monument set at the intersection of the Southerly right of way line of Minnesota State Highway 212 with a line drawn parallel to and 379.2 feet East of the West line of said tract, and running thence South along said parallel line 100 feet to an iron monument; thence Easterly on a straight line to an iron monument; said monument being set on a line drawn parallel to and 597 feet East of said West line of said tract, at a point 100 feet South of the intersection of said parallel line with said Southerly right of way line of said highway; thence North along said parallel line just described 100 feet to an iron monument set on said Southerly right of way line of said highway; thence Westerly along said right of way line to the point of beginning, containing 0.5 acres, more or Tess, according to the United States Government Survey thereof; which lies easterly of Line 1 described below: Line 1. Commencing at the northwesterly corner of said Northwest Quarter of the Northwest Quarter; thence on an assumed azimuth from north of 178 degrees 18 minutes 41 seconds, along the westerly line of said Northwest Quarter of the Northwest Quarter, 177.38 feet; thence on an azimuth of 90 degrees 37 minutes 02 seconds 210.37 feet; thence on an azimuth of 165 degrees 15 minutes 35 seconds 147.26 feet; thence on an azimuth of 90 degrees 00 minutes 48 seconds 235.98 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 357 degrees 27 minutes 53 seconds 400.00 feet and there terminating; containing 0.27 acre, more or less. Nuuir +) . PARKING AND TRAIL EASEMENT That part of Tract A described below: Tract A. All that part of the Northwest Quarter of the Northwest Quarter of Section 3, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows, to wit: Beginning at the northwesterly corner of said Northwest Quarter of the Northwest Quarter; thence on an assumed azimuth from north of 178 degrees 18 minutes 41 seconds, along the westerly line of said Northwest Quarter of the Northwest Quarter, 177.38 feet; thence on an azimuth of 90 degrees 37 minutes 02 seconds 210.37 feet; thence on an azimuth of 165 degrees 15 minutes 35 seconds 147.26 feet; thence on an azimuth of 90 degrees 00 minutes 48 seconds 235.98 feet; thence on an azimuth of 357 degrees 27 minutes 53 seconds 328.16 feet, more or Tess, to the intersection with the northerly line of said Northwest Quarter of the Northwest Quarter; thence westerly along said northerly line 474.55 feet, more or less, to the point of beginning. Excepting therefrom all that part lying northerly of the southerly line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82 -126, as the same is on file and of record in the office of the Registrar of Titles in and for said Washington County, Minnesota; which lies southerly and easterly of Line 1 described below: Line 1. Commencing at the northwesterly corner of said Northwest Quarter of the Northwest Quarter; thence on an assumed azimuth from north of 178 degrees 18 minutes 41 seconds, along the westerly line of said Northwest Quarter of the Northwest Quarter, 177.38 feet; thence on an azimuth of 90 degrees 37 minutes 02 seconds 210.37 feet; thence on an azimuth of 165 degrees 15 minutes 35 seconds 111.61 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 90 degrees 00 minutes 00 seconds 135.44 feet; thence on an azimuth of 00 degrees 00 minutes 00 seconds 42.50 feet; thence on an azimuth of 90 degrees 00 minutes 00 seconds 36.00 feet; thence on an azimuth of 00 degrees 00 minutes 00 seconds 300.00 feet and there terminating. I I 1---i • ,,,- 4-15,i, i RI S-I? M Lim IRO ieMe I 1 — ■ e , 1110 V.Sh. IV VI i �J 45.25' i� • 30 H0' «St !1� Me 1. IK W 1/11 • • • • GI �.. 100 a pi .a• i �a�•••■ ■•■ • • `*ISte 414 DIM • 17 ' , s cow o ILO N i i �� 597' 1 s 79.2' i . I JI1 1 %. 1 1 210.37 - -/ 1 ABSTRACT AREA EASEMENT AREA - • . 1 , 1 POSSIBLE I. AL IGNMENTS NW 1 /4 -NW 1 /4