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02-024 RESRESOLUTION NO. 0 2- 2 CITY OF ELK RIVER COUNTY OF SHERBURNE STATE OF MINNESOTA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN ACCORDANCE WITH MINN. STAT. § 117.042 RECITALS WHEREAS, the City of Elk River is a statutory city organized and existing under the laws of the State of Minnesota with all powers, rights and authority of a statutory city and is a public body corporate and politic; WHEREAS, the City of Elk River has the authority to acquire real property by condemnation in accordance with Minnesota Law including Minn. Stat. § 412.211, Minn. Stat. §§ 465.01 and 465.16, and Minn. Stat. § 469.126; WHEREAS, the City of Elk River, by previous action, has designated Municipal Development District No. 1 ("Development District") which Development District is coterminous with the city limits of the City of Elk River; WHEREAS, the City of Elk River has adopted a development program for the Development District ("Development Program"); WHEREAS, in accordance with the Development Program, the City of Elk River has deemed it advisable to encourage development within the Development District in an effort to increase the tax base of the City of Elk River, provide for employment opportunities within the City of Elk River and otherwise benefit the health, safety, morals and welfare of the residents of the City of Elk River in accordance with the public purpose provisions of applicable state and local laws; 815640J-0045 RESOLUTION 3-6-0211] WHEREAS, the City of Elk River adopted the Elk River 1995 Comprehensive Plan ("Comprehensive Plan") on December 18, 1995; WHEREAS, the 1995 Comprehensive Plan identifies the area within the Corporate limits of the City of Elk River which is planned to have city water and sanitary sewer service available; WHEREAS, the City of Elk River completed the East Elk River Urban Services Area Planning Study ("Planning Study") in May, 1997; WHEREAS, the 1997 Planning Study identifies the transportation and utility corridors in the East Elk River Urban Services Area; WHEREAS, the reconstruction of 175th Street from Tyler Street to Fillmore Street is scheduled for completion during the summer of 2002; WHEREAS, City staff has been engaged in ongoing efforts to acquire the necessary right of way for the reconstruction of 175th Street, but has been unable to acquire all right of way necessary for the project; WHEREAS, the City of Elk River deems it necessary and convenient to acquire the necessary right of way in order to complete the reconstruction of 175th Street and to further the objectives of the Development Program, the 1995 Comprehensive Plan and the 1997 Planning Study by developing and establishing public roads and providing for certain utilities including water, sanitary sewer, storm sewer, and electricity in the East Elk River Area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River: 1. In order to carry out the purposes and objectives of the Development Program, the 1995 Comprehensive Plan and the 1997 Planning Study, to provide for continued development within the Development District, and to complete the reconstruction of 175th Street from Tyler Street to Fillmore Street, it is necessary to acquire fee title and temporary easements to certain real property from the property owners identified in Exhibit A attached hereto ("Real Property"). 815640J-0045 RESOLUTION 3-6-0211] 2. The acquisition of the Real Property by the exercise of the power of eminent domain in the manner provided for by Minnesota Statutes Chapter 117 serves a public purpose and is deemed to be necessary to further the objectives of the Development Program, the 1995 Comprehensive Plan and the 1997 Planning Study. 3. The City of Elk River deems it necessary for the purposes of completing the reconstruction of 175th Street and encouraging development in the Development District, increasing the tax base therein, and generally providing for the health, safety, morals and welfare of its citizens to acquire said Real Property. 4. Because the reconstruction of 175th Street is to begin in early 2002, prior to the time by which court-appointed commissioners could reasonably be expected to render their award for the taking of the Real Property, the City of Elk River deems it necessary to proceed without delay under Minn. Stat. § 117.042 to pay to the owners or into court a sum of money to secure compensation to the owners of the real property, which amount shall be equal to the city's approved appraisal value as determined by City staff. 5, The City of Elk River staff is hereby authorized and directed to execute all documents and contracts necessary to acquire the Real Property from the owners identified in Exhibit A, which actions include the specific authorization to: (a) obtain appraisals or minimum damage assessments of the real property interests to be acquired; (b) make written offers to affected property owners and negotiate such offers to a successful conclusion; (c) acquire the real property interests needed at the appraised value plus additional damages, if any, as approved by the City Administrator; and (d) in circumstances where negotiation proves to be unsuccessful or has already proven to be unsuccessful, condemn the real property interests needed under the procedures provided for in applicable Minnesota Statutes, and in compliance with all requirements of said statutes, including using the quick take procedure set forth in Minn. Stat. § 117.042. 815640J-0045 RESOLUTION 3-6-0211] 6. At all times during and after construction reasonable ingress and egress shall be maintained and permitted to the Real Property. 7. To the extent that temporary easements are being acquired as set forth herein, the duration of the temporary easements shall expire no later than April 30, 2003. 8. City of Elk River staff is further authorized and directed to take all action necessary to implement this authorization including obtaining appraisals or minimum damage assessments of all property interests to be acquired and retaining legal counsel to assist in commencing condemnation. Any actions previously taken by staff in this regard are hereby ratified and affirmed. The motion for adoption of the foregoing resolution was introduced by Councilmember Dietz and duly seconded by Councilmember Kuester , and upon a vote being taken thereon, the following voted in favor thereof: Mayor Klinzing, Councilmembers Motin, Kuester, Tveite, and Dietz and the following voted against the same: None Dated: March 18, 2002 Steph~nie A. Klinzing, Mayor"-" ' ATTEST: Sandra A. Peine, City Clerk 815640J-0045 RESOLUTION 3-6-0211] EXHIBIT A PARCEL NO. 1 FEE OWNER: Annette B. Mitchell as trustee of the Annette B. Mitchell Revocable Trust dated September 22, 1997 LEGAL DESCRIPTION TO THE EASEMENT TRACT: Perpetual easement for public street, utility and drainage purposes over, under, and across that part of the following described property: The North Half of the Southwest Quarter of Section 1, Township 32, Range 26, Sherburne County, Minnesota. Which lies within the following perpetual easement for street, utility and drainage purposes: A strip of land 50.00 feet in width over that part of said North half of the Southwest Quarter of Section 1, the South line of which is described as follows: Commencing at the Northwest corner of the South half of the Southwest Quarter of said Section 1; thence South 01 degrees 09 minutes 42 seconds West, an assumed bearing along the West line of said South half of the Southwest Quarter, a distance of 17.31 feet to the actual point of beginning of said line to be hereinafter described; thence North 87 degrees 44 minutes 44 seconds East, a distance of 25.54 feet; thence Easterly, a distance of 262.25 feet, along a tangential curve concave to the South having a radius of 8000.00 feet and a central angle of 01 degrees 52 minutes 42 seconds; thence North 89 degrees 37 minutes 26 seconds East, tangent to said last described curve, a distance of 2332.83 feet to the Northeast corner of said South Half of the Southwest Quarter and there terminating. Said strip of land is to extend by it's full width from said West line of the South half of the Southwest Quarter and the West line of said North half of the Southwest Quarter to the West line of Elk River City Road Right-Of-Way Plat No. 2, according to said plat on file and of record in the office of the County Recorder in said Sherburne County. Also which lies within the following temporary easement for construction purposes: A strip of land 15.00 feet in width over that part of said North half of the Southwest Quarter, the South line of which is contiguous with the North line of said above described perpetual easement. Said strip of land is to extend by its full width from said West line of the North half of the Southwest Quarter to a line drawn parallel with and distant 915.00 feet West of said East line of the North half of the Southwest Quarter. And also: 806550J EXHIBITA[1] Page 1 A strip of land 5.00 feet in width over that part of said North half of the Southwest Quarter, the South line of which is contiguous with the North line of said above described perpetual easement. Said strip of land is to extend by its full width from said line parallel with and distant 915.00 feet West of the East line of the North half of the Southwest Quarter to a line drawn parallel with and distant 565.00 feet West of said East line of the North half of the Southwest Quarter. And also: A strip of land 15.00 feet in width over that part of said North half of the Southwest Quarter, the South line of which is contiguous with the North line of said above described perpetual easement. Said strip of land is to extend by its full width from said line drawn parallel with and distant 565.00 feet West of the East line of the North half of the Southwest Quarter to said West line of Elk River City Road Right-Of-Way Plat No. 2. PARCEL NO. 2 FEE OWNER: Loren M. Holen and Jodi B. Holen, husband and wife LEGAL DESCRIPTION TO THE EASEMENT TRACT: Perpetual easement for public street, utility and drainage purposes over, under, and across that part of the following described property: The East 307.00 feet of the South 500.00 feet of the Northeast Quarter of the Southeast Quarter of Section 2, Township 32, Range 26, according to the United States Government Survey thereof and situated in Sherburne County, Minnesota. Which lies within the following perpetual easement for street, utility and drainage purposes: A strip of land 50.00 feet in width over that part of said East 307.00 feet of the South 500.00 feet of the Northeast Quarter of the Southeast Quarter of Section 2, the South line of which is described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Southeast Quarter of Section 2; thence South 89 degrees 37 minutes 23 seconds West, an assumed bearing along the South line of the Southwest Quarter of said Section 2, a distance of 293.37 feet; thence North 00 degrees 22 minutes 37 seconds West, a distance of 33.00 feet to a point to be hereinafter referred to as "Point A"; thence South 89 degrees 37 minutes 23 seconds West, parallel with said South line of the Southwest Quarter, a distance of 434.95 feet to the Northeasterly line of the right-of-way of the Burlington Northern Railroad Company and the actual point of beginning of said line to be hereinafter described; thence return North 89 degrees 37 minutes 23 seconds East, to said above referenced "Point A"; thence Northeasterly and Northerly, along a tangential curve to the left, having a radius of 299.87 feet, for a central angle of 88 degrees 42 minutes 19 seconds and a length of 464.26 feet; thence North 00 degrees 806550J EXHIBIT A[1] Page 2 55 minutes 04 seconds East, tangent to said curve, a distance of 554.93 feet; thence Northeasterly and Easterly along a tangential curve to the right, having a radius of 317.09 feet, for a central angle of 86 degrees 49 minutes 40 seconds and a length of 480.52 feet; thence North 87 degrees 44 minutes 44 seconds East, tangent to said curve, a distance of 2301.27 feet, to intersect with and terminate said line at the East line of said Southeast Quarter of Section 2 at a point thereon a distance of 17.31 feet South of the Northeast corner of the South half of said Southeast Quarter. Said strip of land is to extend by its full width from the West line of said East 307.00 feet of the Northeast Quarter of the Southeast Quarter to the East line of said Northeast Quarter of the Southeast Quarter. Also which lies within the following temporary easement for construction purposes: A strip of land 15.00 feet in width over that part of said East 307.00 feet of the South 500.00 feet of the Northeast Quarter of the Southeast Quarter of Section 2, the South line of which is contiguous with the North line of the above described perpetual easement. Said strip of land is to extend by its full width from the West line of said East 307.00 feet of the Northeast Quarter of the Southeast Quarter to the East line of said Northeast Quarter of the Southeast Quarter. PARCEL NO. 3 FEE OWNER: Dennis G. Chuba and Marilyn J. Van Patten, husband and wife LEGAL DESCRIPTION TO THE EASEMENT TRACT: Perpetual easement for public street, utility and drainage purposes over, under, and across that part of the following described property: The West 288.00 feet of the East 595.00 feet of the South 500.00 feet of the Northeast Quarter of the Southeast Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota. AND ALSO: That part of the East 595.00 feet of the Southeast Quarter of the Southeast Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota, that lies westerly of the point of intersection thereof with a line 33.00 feet North of, as measured at right angles to, the following described center line of a former Township Road now known in part as 175th Avenue N.W. Commencing at the Southwest corner of the Southwest Quarter of said Southeast Quarter of Section 2; thence South 89 degrees, 37 minutes 23 seconds West, assumed basis of bearings, along the South line of the Southwest Quarter of said Section 2 for 293.37 feet; thence North 0 degrees, 22 minutes, 37 seconds West for 33.00 feet to a point to be hereafter known as Pont "A" for the purpose of this description; thence South 89 degrees, 37 minutes 23 seconds West parallel with said South line of the Southwest Quarter for 434.95 feet, more or less, to intersect the Northeasterly line of the right-of-way of the Burlington Northern Railroad Company at the 806550J EXHIBITA[1] Page 3 actual point of beginning of the centerline to be hereby described; thence return North 89 degrees, 37 minutes, 23 seconds East to said Point "A"; thence Northeasterly and Northerly along a tangential curve to the left, radius 299.87 feet, for a central angle of 88 degrees, 42 minutes, 19 seconds and a length of 464.26 feet; thence North 0 degrees, 55 minutes, 04 seconds East tangent to said curve for 554.93 feet; thence Northeasterly and Easterly along a tangential curve to the right, radius 317.09 feet, for a central angle of 86 degrees, 49 minutes, 40 seconds, and a length of 480.52 feet; thence North 87 degrees, 44 minutes, 44 seconds East tangent to said curve for 2301.27 feet, more or less, to intersect with and terminate said centerline at the East line of said Southeast Quarter of Section 2 at a point thereon a distance of 17.31 feet South of the Northeast corner of the South Half of said Southeast Quarter. And which lies Northerly of said line 33.00 feet North of the above described centerline, said point of intersection being herein described being a point on said North line of the Southeast Quarter of the Southeast Quarter a distance of 371.13 feet, more or less, West of said Northeast corner of the south Half of the Southeast Quarter, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. Which lies within the following perpetual easement for street, utility and drainage purposes: A strip of land 50.00 feet in width over that part of said West 288.00 feet of the East 595.00 feet of the Northeast Quarter of the Southeast Quarter and that part of said East 595.00 feet of the Southeast Quarter of the Southeast Quarter, the South line of which is described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Southeast Quarter of Section 2; thence South 89 degrees 37 minutes 23 seconds West, an assumed bearing along the South line of the Southwest Quarter of said Section 2, a distance of 293.37 feet; thence North 00 degrees 22 minutes 37 seconds West, a distance of 33.00 feet to a point to be hereinafter referred to as "Point A"; thence South 89 degrees 37 minutes 23 seconds West, parallel with said South line of the Southwest Quarter, a distance of 434.95 feet to the Northeasterly line of the right-of-way of the Burlington Northern Railroad Company and the actual point of beginning of said line to be hereinafter described; thence return North 89 degrees 37 minutes 23 seconds East, to said above referenced "Point ^"; thence Northeasterly and Northerly, along a tangential curve to the left, having a radius of 299.87 feet, for a central angle of 88 degrees 42 minutes 19 seconds and a length of 464.26 feet; thence North 00 degrees 55 minutes 04 seconds East, tangent to said curve, a distance of 554.93 feet; thence Northeasterly and Easterly along a tangential curve to the right, having a radius of 317.09 feet, for a central angle of 86 degrees 49 minutes 40 seconds and a length of 480.52 feet; thence North 87 degrees 44 minutes 44 seconds East, tangent to said curve, a distance of 2301.27 feet, to intersect with and terminate said line at the East line of said Southeast Quarter of Section 2 at a point thereon a distance of 17.31 feet South of the Northeast corner of the South half of said Southeast Quarter. Said strip of land is to extend by its full width from the West line of said East 595.00 feet of the Northeast Quarter of the Southeast Quarter and the West line of said East 595.00 feet of the Southeast Quarter of the Southeast Quarter to the East line of said West 288.00 feet of the East 595.00 feet of Northeast Quarter of the Southeast Quarter. 806550J EXHIBITA[1] Page 4 Also which lies within the following temporary easement for construction purposes. A strip of land 15.00 feet in width over that part of said West 288.00 feet of the East 595.00 feet of the Northeast Quarter of the Southeast Quarter and that part of said East 595.00 feet of the Southeast Quarter of the Southeast Quarter, the South line of which is contiguous with the North line of the above described perpetual easement. Said strip of land is to extend by its full width from the West line of said East 595.00 feet of the Northeast Quarter of the Southwest Quarter and the West line of said East 595.00 feet of the Southeast Quarter of the Southeast Quarter to the East line of said West 288.00 feet of the East 595.00 feet of the Northeast Quarter of the Southeast Quarter. PARCEL NO. 4 FEE OWNER: Michael P. Brinza and Diane L. Brinza, husband and wife LEGAL DESCRIPTION TO THE EASEMENT TRACT: Perpetual easement for public street, utility and drainage purposes over, under, and across that part of the following described property: The West 288.00 feet of the East 883.00 feet of the South 500.00 feet of the Northeast Quarter of the Southeast Quarter of Section 2, Township 32, Range 26, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. Which lies within the following perpetual easement for street, utility and drainage purposes: A strip of land 50.00 feet in width over that part of said West 288.00 feet of the East 883.00 feet of the South 500.00 feet of the Northeast Quarter of the Southeast Quarter of Section 2, the South line of which is described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Southeast Quarter of Section 2; thence South 89 degrees 37 minutes 23 seconds West, an assumed bearing along the South line of the Southwest Quarter of said Section 2, a distance of 293.37 feet; thence North 00 degrees 22 minutes 37 seconds West, a distance of 33.00 feet to a point to be hereinafter referred to as "Point A"; thence South 89 degrees 37 minutes 23 seconds West, parallel with said South line of the Southwest Quarter, a distance of 434.95 feet to the Northeasterly line of the right-of-way of the Burlington Northern Railroad Company and the actual point of beginning of said line to be hereinafter described; thence return North 89 degrees 37 minutes 23 seconds East, to said above referenced "Point A"; thence Northeasterly and Northerly, along a tangential curve to the left, having a radius of 299.87 feet, for a central angle of 88 degrees 42 minutes 19 seconds and a length of 464.26 feet; thence North 00 degrees 55 minutes 04 seconds East, tangent to said curve, a distance of 554.93 feet; thence Northeasterly and Easterly along a tangential curve to the right, having a radius of 317.09 feet, for a central angle of 86 degrees 49 minutes 40 seconds and a length of 480.52 feet; thence North 87 degrees 44 minutes 44 seconds East, tangent to said curve, a distance of 2301.27 feet, to intersect with and terminate said line at the East line 806550J EXHIBIT A[1] Page 5 of said Southeast Quarter of Section 2 at a point thereon a distance of 17.31 feet South of the Northeast corner of the South half of said Southeast Quarter. Said strip of land is to extend by its full width from the West line of said West 288.00 feet of the East 883.00 feet of the South 500.00 feet of the Northeast Quarter of the Southeast Quarter to the East line of said West 288.00 feet of the East 883.00 feet of the South 500.00 feet of the Northeast Quarter of the Southeast Quarter. Also which lies within the following described temporary easement for construction purposes: A strip of land 15.00 feet in width over said West 288.00 feet of the East 883.00 feet of the South 500.00 feet of the Northeast Quarter of the Southeast Quarter, the South line of which is contiguous with the North line of the above described perpetual easement. Said strip of land is to extend by its full width from the West line of said West 288.00 feet of the East 883.00 feet of the South 500.00 feet of the Northeast Quarter of the Southeast Quarter to the East line of said West 288.00 feet of the East 883.00 feet of the South 500.00 feet of the Northeast Quarter of the Southeast Quarter. PARCEL NO. 5 FEE OWNER: James M. Monte and Mary L. Monte, husband and wife LEGAL DESCRIPTION TO THE EASEMENT TRACT: Perpetual easement for public street, utility and drainage purposes over, under, and across that part of the following described property: Lot 3, Block 1, Shores of Briarwood, according to the plat thereof on file and of record in the office of the County Recorder in and for Sherburne County, Minnesota. Which lies within the following perpetual easement for street, utility and drainage purposes: The South 10.00 feet of said Lot 3, Block 1. And also: Which lies within the following temporary easement for construction proposes: The North 15.00 feet of the South 25.00 feet of said Lot 3, Block 1. 806550J EXHIBITA[1] Page 6 PARCEL NO. 6 FEE OWNER: Cascade 1 Land Co., LLC LEGAL DESCRIPTION TO THE EASEMENT TRACT: Perpetual easement for public street, utility and drainage purposes over, under, and across that part of the following described property: Outlot A, Shores of Briarwood, according to said plat on file and of record in the office of the County Recorder, Sherburne County, Minnesota. Which lies within the following perpetual easement for street, utility and drainage purposes: The South 10.00 feet of said Outlot A. Also which lies within the following described temporary easement for construction purposes: The North 25.00 feet of the South 35.00 feet of said Outlot A. PARCEL NO. 7 FEE OWNER: Ijaz A. Osman and Laura J. Osman, husband and wife LEGAL DESCRIPTION TO THE EASEMENT TRACT: Perpetual easement for public street, utility and drainage purposes over, under, and across that part of the following described property: That part of the East 200 feet of the Southwest Quarter of the Southeast Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota, lying North of the South 1043..5 feet thereof. Subject to and together with that part thereof taken for Township Road. Which lies within the following perpetual easement for street, utility and drainage purposes. A strip of land 95.00 feet in width over that part of the East 200 feet of the Southwest Quarter of the Southeast Quarter of Section 2, lying 50.00 feet North and 45.00 feet South of a line described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southeast Quarter of Section 2; thence South 89 degrees 37 minutes 23 seconds West, an assumed bearing along the South line of the Southwest Quarter of said Section 2, a distance of 293.37 feet; thence North 00 degrees 22 minutes 37 seconds West, a distance of 33.00 feet to a point to be hereinafter referred to as "Point A'; thence South 89 degrees 37 minutes 23 seconds West, parallel with said South line of the Southwest Quarter, a distance of 434.95 feet to the Northeasterly line of the right-of-way of the Burlington Northern Railroad Company and the actual point of beginning of said line to 806550J EXHIBITA[1] Page 7 be hereinafter described; thence return North 89 degrees 37 minutes 23 seconds East, to said above referenced "Point A"; thence Northeasterly and Northerly, along a tangential curve to the left, having a radius of 299.87 feet, for a central angle of 88 degrees 42 minutes 19 seconds and a length of 464.26 feet; thence North 00 degrees 55 minutes 04 seconds East, tangent to said curve, a distance of 554.93 feet; thence Northeasterly and Easterly along a tangential curve to the right, having a radius of 317.09 feet, for a central angle of 86 degrees 49 minutes 40 seconds and a length of 480.52 feet; thence North 87 degrees 44 minutes 44 seconds East, tangent to said curve, a distance of 2301.27 feet, to intersect with and terminate said line at the East line of said Southeast Quarter of Section 2 at a point thereon a distance of 17.31 feet South of the Northeast corner of the South half of said Southeast Quarter. Said strip of land is to extend by its full width from the West line of said East 200.00 feet of the Southwest Quarter of the Southeast Quarter to the East line of said Southwest Quarter of the Southeast Quarter. Also which lies within the following temporary easements for construction purposes: A strip of land 10.00 feet in width over that part of said East 200.00 feet of the Southwest Quarter of the Southeast Quarter of Section 2, the South line of which is contiguous with the North line of the above described perpetual easement. Said strip of land is to extend by its full width from the West line of said East 200.00 feet of the Southwest Quarter of the Southeast Quarter to a line drawn parallel with and distant 98.29 feet West of the East line of said Southwest Quarter of the Southeast Quarter. And also: A strip of land 25.00 feet in width over that part of said East 200.00 feet of the Southwest Quarter of the Southeast Quarter of Section 2, the South line of which is contiguous with the North line of the above described perpetual easement. Said strip of land is to extend by its full width from a line drawn parallel with and distant 98.29 feet West of the East line of said Southwest Quarter of the Southeast Quarter to the East line of said Southwest Quarter of the Southeast Quarter. PARCEL NO. 9 FEE OWNER: Arthur Allen Meisenbach, Sr., a single person LEGAL DESCRIPTION TO THE EASEMENT TRACT: Perpetual easement for public street, utility and drainage purposes over, under, and across that part of the following described property: That part of the Southwest Quarter of the Southeast Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota lying east of the West 389 feet thereof, lying west of the East 417.4 feet thereof and lying south of a line described as commencing at the southwest corner of said Southwest Quarter of the Southeast Quarter; thence north 806550J EXHIBIT A[1] Page 8 along the west line thereof, a distance of 755 feet to the actual point of beginning of the line to be described; thence east at right angles to intersect the west line of said East 417.4 feet of the Southwest Quarter of the Southeast Quarter and there terminating. Excepting therefrom that part of the West 200.00 feet thereof lying north of a line described as commencing at said southwest corner of the Southwest Quarter of the Southeast Quarter; thence north along said west line thereof, a distance of 468 feet to the actual point of beginning of the line to be described; thence east at right angles a distance of 589 feet and there terminating. Subject to and together with an easement for driveway purposes, 30 feet in width, the center line of which is described as commencing at said southwest corner of the Southwest Quarter of the Southeast Quarter; thence north along said west line thereof, a distance of 476 feet to the actual point of beginning of the center line to be described; thence deflect 88° 50 minutes to the right in an easterly direction to intersect the west line of said East 417.4 feet of the Southwest Quarter of the Southeast Quarter and there terminating. AND: That part of the Southwest Quarter of the Southeast Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota lying east of the West 474.61 feet thereof; lying west of the East 417.40 feet thereof; and lying north of a line described as commencing at the southwest corner of said Southwest Quarter of the Southeast Quarter; thence north along the west line thereof a distance of 755 feet to the actual point of beginning of the line to be described; thence east at right angles to intersect the west line of said East 417.4 feet of the Southwest Quarter of the Southeast Quarter and there terminating. Excepting therefrom all that part of said Southwest Quarter of the Southeast Quarter described as lying north of the center line of the Township Road and lying east of the east line of the West 770 feet of said Southwest Quarter of the Southeast Quarter. Subject to the right of way of said Township Road over the north part thereof. Also except: That part of the Southwest Quarter of the Southeast Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota, described as lying west of the West line of the East 577.4 feet thereof; lying east of the east line of the West 474.61 feet thereof; and lying north of a line described as Commencing at the Southwest corner of said Southwest Quarter; thence north along the West line thereof for a distance of 755 feet to the actual point of beginning of the line to be hereby described; thence east at right angles along said line, being hereafter known as Line A for the purposes of this description, to intersect with and terminate said Line A at said West line of the East 577.4 feet; and lying northwesterly of a line described as Beginning at the point of intersection of said Line A with the East line of the West 589 feet of said Southwest Quarter of the Southeast Quarter; thence northeasterly to terminate said line at the Northwest corner of the East 417.4 feet of the South 834.8 feet of said Southwest Quarter of the Southeast Quarter. Which lies within the following perpetual easement for street, utility and drainage purposes: 806550J EXHIBIT A[1] Page 9 A strip of land 95.00 feet in width over that part of said Southwest Quarter of the Southeast Quarter lying 50.00 feet North and 45.00 feet South of a line described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southeast Quarter of Section 2; thence South 89 degrees 37 minutes 23 seconds West, an assumed bearing along the South line of the Southwest Quarter of said Section 2, a distance of 293.37 feet; thence North 00 degrees 22 minutes 37 seconds West, a distance of 33.00 feet to a point to be hereinafter referred to as "Point A"; thence South 89 degrees 37 minutes 23 seconds West, parallel with said South line of the Southwest Quarter, a distance of 434.95 feet to the Northeasterly line of the right-of-way of the Burlington Northern Railroad Company and the actual point of beginning of said line to be hereinafter described; thence return North 89 degrees 37 minutes 23 seconds East, to said above referenced "Point A"; thence Northeasterly and Northerly, along a tangential curve to the left, having a radius of 299.87 feet, for a central angle of 88 degrees 42 minutes 19 seconds and a length of 464.26 feet; thence North 00 degrees 55 minutes 04 seconds East, tangent to said curve, a distance of 554.93 feet; thence Northeasterly and Easterly along a tangential curve to the right, having a radius of 317.09 feet, for a central angle of 86 degrees 49 minutes 40 seconds and a length of 480.52 feet; thence North 87 degrees 44 minutes 44 seconds East, tangent to said curve, a distance of 2301.27 feet, to intersect with and terminate said line at the East line of said Southeast Quarter of Section 2 at a point thereon a distance of 17.31 feet South of the Northeast corner of the South half of said Southeast Quarter. Said strip of land is to extend by its full width from the West line of the East 577.40 feet of said Southwest Quarter of the Southeast Quarter to the West line of the East 417.40 feet of said Southwest Quarter of the Southeast Quarter. Also which lies within the following temporary easements for construction purposes: A strip of land 10.00 feet in width over that part of said Southwest Quarter of the Southeast Quarter the South line of which is contiguous with the North line of the above described perpetual easement. And also: A strip of land 10.00 feet in width over that part of said Southwest Quarter of the Southeast Quarter the North line of which is contiguous with the South line of the above described perpetual easement. Both said strips of land are to extend by their full widths from the West line of the East 577.40 feet of said Southwest Quarter of the Southeast Quarter to the West line of the East 417.40 feet of said Southwest Quarter of the Southeast Quarter. 806550J EXHIBIT A[1] Page 10 PARCEL NO. '10 FEE OWNER: Dale A. Robinson and JoAnne K. Robinson, husband and wife LEGAL DESCRIPTION TO THE EASEMENT TRACT: Perpetual easement for public street, utility and drainage purposes over, under, and across that part of the following described property: That part of the Southwest Quarter of the Southeast Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota, described as lying west of the West line of the East 577.4 feet thereof, lying east of the East line of the West 474.61 feet thereof; and lying north of a line described as Commencing at the Southwest corner of said Southwest Quarter; thence north along the West line thereof for a distance of 755 feet to the actual point of beginning of the line to be hereby described; thence east at right angles along said line, being hereafter known as Line A for the purposes of this description, to intersect with and terminate said Line A at said West line of the East 577.4 feet; and lying northwesterly of a line described as Beginning at the point of intersection of said Line A with the East line of the West 589 feet of said Southwest Quarter of the Southeast Quarter; thence northeasterly to terminate said line at the Northwest corner of the East 417.4 feet of the South 834.8 feet of said Southwest Quarter of the Southeast Quarter. Which lies within the following perpetual easement for street, utility and drainage purposes: A strip of land 95.00 feet in width over that part of said Southwest Quarter of the Southeast Quarter lying 50.00 feet North and 45.00 feet South of a line described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southeast Quarter of Section 2; thence South 89 degrees 37 minutes 23 seconds West, an assumed bearing along the South line of the Southwest Quarter of said Section 2, a distance of 293.37 feet; thence North 00 degrees 22 minutes 37 seconds West, a distance of 33.00 feet to a point to be hereinafter referred to as "Point A"; thence South 89 degrees 37 minutes 23 seconds West, parallel with said South line of the Southwest Quarter, a distance of 434.95 feet to the Northeasterly line of the right-of-way of the Burlington Northern Railroad Company and the actual point of beginning of said line to be hereinafter described; thence return North 89 degrees 37 minutes 23 seconds East, to said above referenced "Point A"; thence Northeasterly and Northerly, along a tangential curve to the left, having a radius of 299.87 feet, for a central angle of 88 degrees 42 minutes 19 seconds and a length of 464.26 feet; thence North 00 degrees 55 minutes 04 seconds East, tangent to said curve, a distance of 554.93 feet; thence Northeasterly and Easterly along a tangential curve to the right, having a radius of 317.09 feet, for a central angle of 86 degrees 49 minutes 40 seconds and a length of 480.52 feet; thence North 87 degrees 44 minutes 44 seconds East, tangent to said curve, a distance of 2301.27 feet, to intersect with and terminate said line at the East line of said Southeast Quarter of Section 2 at a point thereon a distance of 17.31 feet South of the Northeast corner of the South half of said Southeast Quarter. 806550J EXHIBIT A[1] Page 11 Said strip of land is to extend by its full width from the East line of the West 474.61 feet of said Southwest Quarter of the Southeast Quarter to the West line of the East 577.40 feet of said Southwest Quarter of the Southeast Quarter. Also which lies within the following temporary easements for construction purposes: A strip of land 10.00 feet in width over that part of said Southwest Quarter of the Southeast Quarter, the North line of which is contiguous with the South line of the above described perpetual easement. Said strip of land is to extend by its full width from a line drawn parallel with and distant 591.40 feet West of the East line of said Southwest Quarter of the Southeast Quarter to said West line of the East 577.40 feet of the Southwest Quarter of the Southeast Quarter. And also: A strip of land 15.00 feet in width over that part of said Southwest Quarter of the Southeast Quarter, the South line of which is contiguous with the North line of the above described perpetual easement. Said strip of land is to extend by its full width from said East line of the West 474.61 feet of the Southwest Quarter of the Southeast Quarter to a line drawn parallel with and distant 651.75 feet East of the West line of said Southwest Quarter of the Southeast Quarter. And also: A strip of land 10.00 feet in width over that part of said Southwest Quarter of the Southeast Quarter, the South line of which is contiguous with the North line of the above described perpetual easement. Said strip of land is to extend by its full width from said line drawn parallel with and distant 651.75 feet East of the West line of the Southwest Quarter of the Southeast Quarter to said West line of the East 577.40 feet of the Southwest Quarter of the Southeast Quarter. PARCEL NO. 11 FEE OWNER: William A. Graham and Geraldine K. Graham, husband and wife LEGAL DESCRIPTION TO THE EASEMENT TRACT: Perpetual easement for public street, utility and drainage purposes over, under, and across that part of the following described property: That part of the West 474.61 feet of the Southwest Quarter of the Southeast Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota, that lies north of the following described line: 806550J EXHIBIT A[1] Page 12 Commencing at the Southwest corner of said Southwest Quarter of the Southeast Quarter; thence North along the West line thereof for 755.00 feet to the actual Point of Beginning of the line to be hereby described; thence east at right angles for 474.61 feet and there terminating. Except: That part lying Westerly, centerline: Northwesterly and Northerly of the following described Commencing at the Southwest corner of said Southwest Quarter of the Southeast Quarter; thence South 89 degrees, 37 minutes 23 seconds West, assumed bearing, along the South line of the Southwest Quarter of said Section 2 for 293.37 feet; thence North 0 degrees, 22 minutes 37 seconds West for 33.00 feet to a point to be hereafter know as Point "A" for the purposes of this description; thence South 89 degrees, 37 minutes 23 seconds West parallel with said South line of the Southwest Quarter for 434.95 feet, more or less, to intersect the northeasterly line of the right-of-way of the Burlington Northern Railroad Company at the actual Point of Beginning of the centerline to be hereby described; thence return North 89 degrees, 37 minutes 23 seconds East to said Point "A"; thence northeasterly and northerly along a tangential curve to the left, radius 299.87 feet, for a central angle of 88 degrees, 42 minutes, 19 seconds, and a length of 464.26 feet; thence North 0 degrees, 55 minutes, 04 seconds East tangent to said curve for 554.93 feet; thence northeasterly and easterly along a tangential curve to the right, radius 317.09 feet, for a central angle of 86 degrees, 49 minutes, 40 seconds and a length of 480.52 feet; thence North 87 degrees, 44 minutes, 44 seconds East tangent to said curve, along a line to be hereinafter referred to as "Line B" for 2301.27 feet, more or less, to intersect with and terminate at the East line of said Southwest Quarter of Section 2 at a point thereon a distance of 17.31 feet south of the northeast corner of the South half of said Southeast Quarter. Which lies within the following perpetual easement for street, utility and drainage purposes: A strip of land 45.00 feet in width over that part of said West 474.61 feet of the Southwest Quarter of the Southeast Quarter, the North line of which is described as follows: Beginning at the intersection of the East line of said West 474.61 feet of the Southwest Quarter of the Southeast Quarter and the above referenced "Line B"; thence Westerly, along said above referenced "Line B' and its Westerly extension to the intersection with the West line of said Southwest Quarter of the Southeast Quarter and there terminating. PARCEL NO. 12 FEE OWNER: Ronald W. Ganyo and Pamela Ganyo, husband and wife LEGAL DESCRIPTION TO THE EASEMENT TRACT: Perpetual easement for public street, utility and drainage purposes over, under, and across that part of the following described property: 806550J EXHIBIT AIl] Page 13 That part of the West 217.4 feet of the East 417.4 feet of the Southwest Quarter of the Southeast Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota lying North of the south 1043.5 feet thereof. Excepting therefrom all that part thereof lying North of the centerline of the Township Road and lying Westerly of a line parallel with and distant 25 feet Southwesterly of, as measured at right angles to the following described line: From a point on the west line of the Southwest Quarter of the Southeast Quarter of said Section 2, distant 530 feet South of the Northwest corner thereof, run Easterly parallel with the North line thereof for a distance of 1180 feet to the point of beginning of the line to be described; thence deflect to the left at an angle of 75 degrees 00 minutes 00 seconds for a distance of 153 feet; thence deflect to the left at an angle of 40 degrees 00 minutes 00 seconds for a distance of 420 feet, more or less to the North line of the Southwest Quarter of the Southeast Quarter of said Section 2, and there terminating. Which lies within the following perpetual easement for street, utility and drainage purposes: A strip of land 45.00 feet in width over that part of said Southwest Quarter of the Southeast Quarter, the North line of which is described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southeast Quarter of Section 2; thence South 89 degrees 37 minutes 23 seconds West, an assumed bearing along the South line of the Southwest Quarter of said Section 2, a distance of 293.37 feet; thence North 00 degrees 22 minutes 37 seconds West, a distance of 33.00 feet to a point to be hereinafter referred to as "Point A"; thence South 89 degrees 37 minutes 23 seconds West, parallel with said South line of the Southwest Quarter, a distance of 434.95 feet to the Northeasterly line of the right-of-way of the Burlington Northern Railroad Company and the actual point of beginning of said line to be hereinafter described; thence return North 89 degrees 37 minutes 23 seconds East, to said above referenced "Point A"; thence Northeasterly and Northerly, along a tangential curve to the left, having a radius of 299.87 feet, for a central angle of 88 degrees 42 minutes 19 seconds and a length of 464.26 feet; thence North 00 degrees 55 minutes 04 seconds East, tangent to said curve, a distance of 554.93 feet; thence Northeasterly and Easterly along a tangential curve to the right, having a radius of 317.09 feet, for a central angle of 86 degrees 49 minutes 40 seconds and a length of 480.52 feet; thence North 87 degrees 44 minutes 44 seconds East, tangent to said curve, a distance of 2301.27 feet, to intersect with and terminate said line at the East line of said Southeast Quarter of Section 2 at a point thereon a distance of 17.31 feet South of the Northeast corner of the South half of said Southeast Quarter. Said strip of land is to extend by its full width from the West line of the West 217.40 feet of the East 417.40 feet of said Southwest Quarter of the Southeast Quarter to the East line of said West 217.40 feet of the East 417.40 feet of the Southwest Quarter of the Southeast Quarter. Also which lies within the following temporary easement for construction purposes: A strip of land 10.00 feet in width over that part of said Southwest Quarter of the Southeast Quarter, the North line of which is contiguous with the South line of said above described perpetual easement. 806550J EXHIBIT A[1] Page 14 Said strip of land is to extend by its full width from said West line of the West 217.40 feet of the East 417.40 feet of said Southwest Quarter of the Southeast Quarter to a line drawn parallel with and distant 341.40 feet West of the East line of said Southwest Quarter of the Southeast Quarter. PARCEL NO. 14 FEE OWNER: Lloyd W. Schneider and Claire A. Schneider, husband and wife LEGAL DESCRIPTION TO THE EASEMENT TRACT: Perpetual easement for public street, utility and drainage purposes over, under, and across that part of the following described property: The North Half of the Southeast Quarter of the Southeast Quarter (Nl/2 of Sl/4 of SEl/4), Section Two (2), Township Thirty-two (32), Range Twenty-six (26), Sherburne County, Minnesota, subject to existing highway. Except: All that part of the North Half of the Southeast Quarter of the Southeast Quarter (Nl/2 of SEl/4 of SEl/4) of Section 2, Township 32, Range 26, lying West of the East 853 feet thereof, and situate in Sherburne County, Minnesota. Also Except: That part of the Southeast Quarter of the Southeast Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota that lies westerly of the point of intersection of the North line thereof with a line 33.00 feet north of, as measured at right angles to, the following described centerline of a former Township Road now known in part as 175th Avenue N.W.: Commencing at the Southwest corner of the Southwest Quarter of said Southeast Quarter of Section 2; thence South 89 degrees, 37 minutes, 23 seconds West, assumed basis of bearings, along the South line of the Southwest Quarter of said Section 2 for 293.37 feet; thence North 0 degrees, 22 minutes, 37 seconds West for 33.00 feet to a point to be hereafter known as Point "A" for the purpose of this description; thence South 89 degrees, 37 minutes, 23 seconds West parallel with said South line of the Southwest Quarter for 434.95 feet, more or less, to intersect the Northeasterly line of the right-of- way of the Burlington Northern Railroad Company at the actual Point of Beginning of the centerline to be hereby described; thence return North 89 degrees, 37 minutes, 23 seconds East to said Point "A"; thence northeasterly and northerly along a tangential curve to the left, radius 299.87 feet, for a central angle of 88 degrees, 42 minutes, 19 seconds, and a length of 464.26 feet; thence North 0 degrees, 55 minutes, 04 seconds East tangent to said curve for 554.93 feet; thence northeasterly and easterly along a tangential curve to the right, radius 317.09 feet, for a central angle of 86 degrees, 49 minutes, 40 seconds, and a length of 480.52 feet; thence North 87 degrees, 44 minutes, 44 seconds East tangent to said curve for 2301.27 feet, more or less, to intersect with and terminate said centerline at the East line of said Southeast Quarter of Section 2 at a point thereon a distance of 17.31 feet south of the Northeast corner of the South Half of said Southeast Quarter. 806550J EXHIBIT A[1] Page 15 And which lies northerly of said line 33.00 feet north of the above described centerline. Said point of intersection being herein described being a point on said North line of the Southeast Quarter of the Southeast Quarter a distance of 371.13 feet, more or less, west of said Northeast corner of the South Half of the Southeast Quarter. Exceptions thereof from that part of said Southeast Quarter of the Southeast Quarter lying West of the East 853 feet thereof. Which lies within the following perpetual easement for street, utility and drainage purposes: A strip of land 45.00 feet in width over that part of said North half of the Southeast Quarter of the Southeast Quarter the North line of which is described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Southeast Quarter of Section 2; thence South 89 degrees 37 minutes 23 seconds West, an assumed bearing along the South line of the Southwest Quarter of said Section 2, a distance of 293.37 feet; thence North 00 degrees 22 minutes 37 seconds West, a distance of 33.00 feet to a point to be hereinafter referred to as "Point A"; thence South 89 degrees 37 minutes 23 seconds West, parallel with said South line of the Southwest Quarter, a distance of 434.95 feet to the Northeasterly line of the right-of-way of the Burlington Northern Railroad Company and the actual point of beginning of said line to be hereinafter described; thence return North 89 degrees 37 minutes 23 seconds East, to said above referenced "Point A"; thence Northeasterly and Northerly, along a tangential curve to the left, having a radius of 299.87 feet, for a central angle of 88 degrees 42 minutes 19 seconds and a length of 464.26 feet; thence North 00 degrees 55 minutes 04 seconds East, tangent to said curve, a distance of 554.93 feet; thence Northeasterly and Easterly along a tangential curve to the right, having a radius of 317.09 feet, for a central angle of 86 degrees 49 minutes 40 seconds and a length of 480.52 feet; thence North 87 degrees 44 minutes 44 seconds East, tangent to said curve, a distance of 2301.27 feet, to intersect with and terminate said line at the East line of said Southeast Quarter of Section 2 at a point thereon a distance of 17.31 feet South of the Northeast corner of the South half of said Southeast Quarter. Said strip of land is to extend by its full width from the West line of the East 853.00 feet of said North half of the Southeast Quarter of the Southeast Quarter to the East line of said North half of the Southeast Quarter of the Southeast Quarter. Also which lies within the following described temporary easement for construction purposes: A strip of land 10.00 feet in width over that part of said North half of the Southeast Quarter of the Southeast Quarter the North line of which is contiguous with the South line of the above described perpetual easement. Said strip of land is to extend by its full width from a line drawn parallel with and distant 741.73 feet West of the East line of said North half of the Southeast Quarter of the Southeast Quarter to a line drawn parallel with and distant 142.80 West of said East line of the North half of the Southeast Quarter of the Southeast Quarter. 806550J EXHIBIT A[1] Page 16 PARCEL NO. 16 FEE OWNER: Stephen G. Collins and Lori Collins, husband and wife LEGAL DESCRIPTION TO THE EASEMENT TRACT: Perpetual easement for public street, utility and drainage purposes over, under, and across that part of the following described property: All that part of the Southeast 1/4 of the Southwest 1/4 of Section 1, Township 32, Range 26, Sherburne County, Minnesota described as follows: Commencing at the Northeast corner of said Southeast 1/4 of the Southwest 1/4: thence South along the East line thereof, which for the purpose of this description is assumed to bear due North and South, a distance of 600.00 feet, thence West parallel with the South line of said Southeast 1/4 of the Southwest 1/4 a distance of 363.00 feet; thence North parallel with the East line of said Southeast 1/4 of the Southwest 1/4 along a line to be hereafter known as "Line A", 600.00 feet to the North line thereof and the actual point of beginning of the land to be described; thence East along the North line of said Southeast 1/4 of Southwest 1/4 a distance of 120.69 feet; thence South 12 degrees 33 minutes East a distance 301.91 feet; thence South 65 degrees 13 minutes West a distance of 205.12 feet, more or less, to intersect said; thence North along said "Line A" to the point of beginning. Which lies within the following perpetual easement for street, utility and drainage purposes: A strip of land 45.00 feet in width over that part of said Southeast Quarter of the Southwest Quarter, the North line of which is described as follows: Commencing at the Northwest corner of the South half of the Southwest Quarter of said Section 1; thence South 01 degrees 09 minutes 42 seconds West, an assumed bearing along the West line of said South half of the Southwest Quarter, a distance of 17.31 feet to the actual point of beginning of said line to be hereinafter described; thence North 87 degrees 44 minutes 44 seconds East, a distance of 25.54 feet; thence Easterly, a distance of 262.25 feet, along a tangential curve concave to the South having a radius of 8000.00 feet and a central angle of 01 degrees 52 minutes 42 seconds; thence North 89 degrees 37 minutes 26 seconds East, tangent to said last described curve, a distance of 2332.83 feet to the Northeast corner of said South Half of the Southwest Quarter and there terminating. Said strip of land is to extend by its full width from said above described referenced "Line A" to the East line of said Southeast Quarter of the Southwest Quarter. 806550J EXHIBIT A[1] Page 17 PARCEL NO. 17 FEE OWNER: Ronald S. Myhre and Susan C. Myhre, husband and wife LEGAL DESCRIPTION TO THE EASEMENT TRACT: Perpetual easement for public street, utility and drainage purposes over, under, and across that part of the following described property: All that part of the Southeast Quarter of the Southwest Quarter of Section 1, Township 32, Range 26, Sherburne County, Minnesota described as follows; Commencing at the Northeast corner of said Southeast Quarter of the Southwest Quarter; thence South along the East line thereof, which for the purposes of this description is assumed to bear due North and South, a distance of 600 feet; thence West parallel with the South line of said Southeast Quarter of the Southwest Quarter a distance of 363 feet; thence North parallel with the East line of said Southeast Quarter of the Southwest Quarter a distance of 600 feet, more or less to intersect the North line thereof; thence East along said North line a distance of 120.69 feet to the actual point of beginning of the land to be described; thence South 12 degrees 33 minutes East along a line to be hereinafter referred to as "Line A", a distance of 301.91 feet; thence North 55 degrees 55 minutes 57 seconds East a distance of 213.17 feet more or less to intersect the East line of said Southeast Quarter of the Southwest Quarter; thence North along said East line to the Northeast corner of said Southeast Quarter of the Southwest Quarter; thence West along the North line thereof to the point of beginning. Subject to and together with that part thereof taken for township roads. Which lies within the following perpetual easement for street, utility and drainage purposes: A strip of land 45.00 feet in width over that part of said Southeast Quarter of the Southwest Quarter, the North line of which is described as follows: Commencing at the Northwest corner of the South half of the Southwest Quarter of said Section 1; thence South 01 degrees 09 minutes 42 seconds West, an assumed bearing along the West line of said South half of the Southwest Quarter, a distance of 17.31 feet to the actual point of beginning of said line to be hereinafter described; thence North 87 degrees 44 minutes 44 seconds East, a distance of 25.54 feet; thence Easterly, a distance of 262.25 feet, along a tangential curve concave to the South having a radius of 8000.00 feet and a central angle of 01 degrees 52 minutes 42 seconds; thence North 89 degrees 37 minutes 26 seconds East, tangent to said last described curve, a distance of 2332.83 feet to the Northeast corner of said South Half of the Southwest Quarter and there terminating. Said strip of land is to extend by its full width from said above described referenced "Line A" to the East line of said Southeast Quarter of the Southwest Quarter. 806550J EXHIBIT A[1] Page18