4.12. SR 12-21-1998ity of
River
Item #4.12.
MEMORANDUM
TO:
FROM:
DATE:
Mayor & City Council
Pat Klaers, City Adm~
December 21, 1998
SUBJECT:
Initiating Eminent Domain Process for
Easement and Right-of-way Acquisition
East Elk River Project
City Attorney Peter Beck is working with staff in putting together resolutions
which, ff approved by the City Council, would begin the eminent domain
process for the necessary fight-of-way and easements for the street and
utility project in the east Elk River. We will be having the Council consider
action for all the necessary property, excluding any properW which may be
acquired with federal funds (Brown, Eull, Korthals, and Barrett). The
resolutions will also include the developer property which we fully expect to
be given to the city through the platting process.
After action by the City Council on the resolutions, a certain amount of time
and work is required before the documents will be ready to be served and
filed at district court. This serving and filing begins the 90 day "quick take"
process.
According to the city engineer, the minimum that is required in order for the
sewer and water project to begin is the easements and right-of-way from the
two developers, and again, we expect this to be provided to the city without
having to condemn. The other right-of-way and easements are needed by
late spring/early summer. Nonetheless, we are preparing for a worse case
scenario in terms of the bids being approved and trying to ehminate any
delay in having the necessary easements and right-of-way for the project to
get underway and continue without interruption. The timing of the filing of
the other documents will depend on the status of negotiations between the
city and the property owners.
At the time of the writing of this memo it is uncertain ff any material will be
attached. If the resolutions are available they will be included, otherwise
they are planned to be presented at the City Council meeting. City Attorney
Peter Beck will be in attendance Monday evening.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
RESOLUTION NO.
CITY OF ELK RIVER
COUNTY OF SHERBURNE
STATE O1~ MINNESOTA
A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF ELK RIVER
AUTHOI~!ZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN
ACCORDANCE WITH MINN. STAT. § 117.042
WHEREAS, the Ciw of Elk River is a statutory ciW organized and existing under the
laws of the Sta'~e of M'mnesota with all powers~ rights and authority ora statutory city and is a
public body corporate and politic.
WHEREAS, the City of Elk River has the authority to acquire real property by
condenmation in accordance with Minnesota Law includin/~ 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 designa'~ed 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 C'Development Program");
WHEREAS, in accordance with the Development Program, the City of Elk l~iver 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 Jaws;
WliiEREAS, the City of Elk River adopted the Elk River 1995 Comprehensive Plan
("Comprehensive Plan") on December 1 $, 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 lilas~ Elk River Urban Services Area;
WHEREAS, the City of Elk River deems it necessary and convenient to acquire certain
real property interests located within the Development District and the East Elk River Urban
Services Area in order 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 thc Development Program, the
1995 Comprehensive Plan and the 1997 Planning Study, and to provide for continued
development within the Development District, it is necessary to acquire the real property interests
described in Exhibit A attached hereto ("Real Property").
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.
~7~.~ 9.
3. The City of Elk River deems it necessary for the purposes of encouraging
developmen'~ in the Development District, incre~tsing the tax base therein, and generally providing
for the health, safety, morals and welfare of its citizens to acquire said Peal Property.
4. Because construction of the planned roadway and utility improvements is to begin
in early 1999, prior to the time by which court-appointed commissioners could reasonably be
expected to render th6r award for the taking of the Real Property, the City o~'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 propm'ty, which amount
flaalI be equal to the City's approved appraisal value as determined by City staff.
5. The City of'Elk River staff is hereby authoriz~ and directed to execute all
documents and contracts necessary to acquire fee interests, permanent easements and temporary
construction easements over the Real Property described 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 Administa'ator; 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, using the
quick take procedure set forth in Minn. Sta'~. § 117.042.
6. City of Elk River staffis 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
97P306,1 3
commencing condemnation..amy actions previously taken by staff in this regard are hereby
ratified and affirmed.
The motion for adoption of the foregoing resolution was introduced by Coun¢ilmcmb~r
and duly seconded by Councilmember
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Dated: December 21, 1998
Henry A. Duitsman, Mayor
ATTEST:
Sandra Peine, City Clerk
'EXHIBIT A
CITY OF ELK RIVER
EAST HIGHWAY 10/TYLER STREET LAND ACQUISITIONS
PERMANENT EASEMENTS FOR UTILITY PURPOSES AND T]~MPORAR~
CONSTRUCTION EASEMENTS
PARCEL NO. PIN NO. LEGAL
DESCRIPTION
1 75-011-2102 Attached
3 75-457-0140 Attached
5 75-011-2402 Attached
6 75-011-2407 Attached
8 75.011-2320 Attached
10 75-011-2215 Attached
11 75-011-2200 Attached
12 75-011-:2245 Attached
13 75-002-3320 Attached
14 75-002-3315 Attached
15 75-002-3303 Attached
21 75-002-3305 Attached
22 75-002-3:202 Attached
23 75-002-3400 Attached
24 75-002-3301 Attached
25 75-002-3202 Attached
30 75-002-3310 Attached
40 Attached
f80421.1
FEE TITLE FOR RIGHT OF WAY AND TEMPQ~4~RY
CONSTRUCTION EASEMENTS
PARCEL PI~ NO, LEGAL
NO. DESCRIPTION
28 75-002-2300 Attached
75-002-2400
27 75-002-2200 Attached
35 Attached
75-135-3400 Attached
17 75-135-3301 Attached
18 75-135-3200 Attached
FEE TITLE TO ENTIRE PARCEL FOR ROAD RIGHT OF WAY
PARCEL NO. PIN NO. I.FGAL
DESCRIPTION
75-135-3420 A'~tached
Attached
RESOLUTION NO. 98-141
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;
979306.1
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 City of Elk River deems it necessary and convenient to acquire certain
real property interests located within the Development District and the East Elk River Urban
Services Area in order 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, and to provide for continued
development within the Development District, it is necessary to acquire the real property interests
described in Exhibit A attached hereto ("Real Property").
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.
979306.1 2
3. The City of Elk River deems it necessary for the purposes of 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 construction of the planned roadway and utility improvements is to begin
in early 1999, 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 fee interests, permanent easements and temporary
construction easements over the Real Property described 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, using the
quick take procedure set forth in Minn. Stat. § 117.042.
6. 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
979306.1 3
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 Farber
and upon a vote being taken thereon, the following voted in favor thereof:
Mayor Duitsman, Council Members Dietz, Thompson, Farber and
Holmgren
and the following voted against the same: None
Dated: December 21, 1998
/l~e~ ~uitsman,
ATTEST:
Sandra Peine, City ~lerk '
979306.1 4
EXHIBIT A
CITY OF ELK RIVER
EAST HIGHWAY 10/TYLER STREET LAND ACQUISITIONS
PERMANENT EASEMENTS FOR UTILITY PURPOSES AND TEMPORARY
CONSTRUCTION EASEMENTS
PARCEL NO. PIN NO. LEGAL
DESCRIPTION
1 75-011-2102 Attached
3 75-457-0140 Attached
5 75-011-2402 Attached
6 75-011-2407 Attached
8 75-011-2320 Attached
10 75-011-2215 Attached
12 75-011-2245 Attached
13 75-002-3320 Attached
14 75-002-3315 Attached
15 75-002-3303 Attached
21 75-002-3305 Attached
22 75-002-3202 Attached
23 75-002-3400 Attached
24 75-002-3301 Attached
25 75-002-3202 Attached
30 75-002-3310 Attached
40 75-591-0020 Attached
75-591-0105
43 75-135-3315 Attached
BeckP 580421.1
FEE TITLE FOR RIGHT OF WAY AND TEMPORARY
CONSTRUCTION EASEMENTS
PARCEL NO. PIN NO. LEGAL
DESCRIPTION
17 75-135-3301 Attached
18 75-135-3200 Attached
27 75-002-2200 Attached
28 75-002-2300 Attached
29 75-002-2400 Attached
35 75-135-3415 Attached
42 75-135-3400 Attached
FEE TITLE TO ENTIRE PARCEL FOR ROAD RIGHT OF WAY
PARCEL NO. PIN NO. LEGAL
DESCRIPTION
33 75-135-3205 Attached
34 75-135-2305 Attached
36 75-135-3420 Attached
BeckP 580421.1
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT:
Perpetual easement for public utility and drainage purposes over, under, and across that part of
the following described property.
The West 150 feet of the North 350 feet of the Northeast Quarter of the Northwest
Quarter, (NE % of NW %), Section Eleven (11), Township Thirty-two (32) North, Range
Twenty-six (26) West, Sherburne County, Minnesota.
Which lies within the following perpetual easement for utility and drainage purposes.
That part of the West 45.720 meters (150.00 feet) of the North 106.680 meters (350.00
feet) of the Northeast Quarter of the Northwest Quarter of Section 11, Township 32,
Range 26, Sherburne County, Minnesota, which lies Westerly of the following described
line:
Commencing at the Northwest corner of said Northeast Quarter of the Northwest
Quarter; thence North 89 degrees 59 minutes 05 seconds East, on an assumed bearing,
along the North line of said Northeast Quarter of the Northwest Quarter, a distance of
1.400 meters (4.59 feet) to the point of beginning of said line to be hereinafter described;
thence South 00 degrees 51 minutes 03 seconds West, parallel to the West line of said
Northeast Quarter of the Northwest Quarter, a distance of 69.300 meters (227.36 feet);
thence South 04 degrees 35 minutes 03 seconds East, to its intersection with a line
drawn parallel with and distant 106.680 meters (350.00 feet) South of said North line,
and said line there terminating.
Also which lies within the following temporary easement for construction purposes.
A strip of land 4.500 meters (14.76 feet) in width over that part of said West 45.720
meters (150.00 feet) of the North 106.680 meters (350.00 feet) of the Northeast Quarter
of the Northwest Quarter, the Westerly line of which is contiguous with the Easterly line
of the above-described perpetual easement.
Said strip of land is to extend by its full width from the North line of said Northeast
Quarter of the Northwest Quarter, to said line drawn parallel with and distant 106.680
meters (350.00 feet) South of said North line, and there terminating.
800110J\110-2603.oct.doc 4 (Parcel No. 1)
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT:
Perpetual easement for public utility and drainage purposes over, under, and across that part of
the following described property.
Lot 4, Block 1, Rail 10, 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 utility and drainage purposes.
The West 9.000 meters (29.53 feet) of Lot 4, Block 1, Rail 10, according to said plat on
file and of record in the Office of the County Recorder, Sherbume County, Minnesota.
Except that part which lies within any existing utility and drainage easement of record.
Also which lies within the following temporary easement for construction purposes.
The East 12.000 meters (39.37 feet) of the West 21.000 meters (68.90 feet) of said Lot
4.
Except that part which lies within any existing utility and drainage easement of record.
O:~OROJ\800110j\0068\110-2601.oct.doc 4 (Parcel No. 3)
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT:
Perpetual easement for public utility and drainage purposes over, under, and across that part of
the following described property.
The North 420 feet of the East 420 feet of the West 630 feet of the Southeast Quarter of
the Northwest Quarter (SE % of NW %) of Section 11, Township 32, Range 26,
Sherburne County, Minnesota;
Which lies within the following perpetual easement for utility and drainage purposes.
The West 4.757 meters (15.61 feet) of the North 128.016 meters (420.00 feet) of the
East 128.016 meters (420.00 feet) of the West 192.024 meters (630.00 feet) of the
Southeast Quarter of the Northwest Quarter of Section 11, Township 32, Range 26,
Sherburne County, Minnesota.
Also which lies within the following temporary easement for construction purposes.
The East 4.500 meters (14.76 feet) of the West 9.257 meters (30.37 feet) of said North
128.016 meters (420.00 feet) of the East 128.016 meters (420.00 feet) of the West
192.024 meters (630.00 feet).
260096\110-2602.oct. doc 4 (Parcel No. 5)
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT:
Perpetual easement for public utility and drainage purposes over, under, and across that part of
the following described property.
The North 420 feet of the West 210 feet of the West 630 feet of the Southeast Quarter of
the Northwest Quarter, (SE N of NW N), of Section 11, Township 32, Range 26,
Sherburne County, Minnesota.
Which lies within the following perpetual easement for utility and drainage purposes.
The South 9.000 meters (29.53 feet) of the North 128.016 meters (420.00 feet) of the
West 64.008 meters (210.00 feet) of the West 192.024 meters (630.00 feet) of the
Southeast Quarter of the Northwest Quarter of Section 11, Township 32, Range 26,
Sherburne County, Minnesota.
And also the East 4.253 meters (13.95 feet) of the North 119.016 meters (390.47 feet) of
said West 64.008 meters (210.00 feet) of the West 192.024 meters (630.00 feet) of the
Southeast Quarter of the Northwest Quarter.
Also which lies within the following temporary easement for construction purposes.
The North 4.500 meters (14.76 feet) of the South 13.500 meters (44.29 feet) of said
North 128.016 meters (420.00 feet) of the West 64.008 meters (210.00 feet) of the West
192.024 meters (630.00 feet).
Except that part which lies within the above-described perpetual easement
And also the West 4.500 meters (14.76 feet) of the East 8.753 meters (28.72 feet) of
said North 128.016 meters (420.00 feet) of the West 64.008 meters (210.00 feet) of the
West 192.024 meters (630.00 feet) of the Southeast Quarter of the Northwest Quarter.
Except that part which lies within the above-described perpetual easement.
800110J\110-2804.oct.doc 4 (Parcel No. 6)
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT:
Perpetual easement for public utility and drainage purposes over, under, and across that part of
the following described property.
The South 131.66 feet of the North 499.70 feet of the Southwest Quarter of the
Northwest Quarter of Section 11, Township 32, Range 26, Sherbume County,
Minnesota, lying East of U.S. Highway No. 10.
Which lies within the following perpetual easement for utility and drainage purposes.
The South 9.000 meters (29.53 feet) of the North 15.837 meters (51.96 feet) of the
South 40.130 meters (131.66 feet) of the North 152.309 meters (499.70 feet) of the
Southwest Quarter of the Northwest Quarter of Section 11, Township 32, Range 26,
Sherbume County, Minnesota, lying East of U.S. Highway No. 10.
Also which lies within the following temporary easement for construction purposes.
The South 4.500 meters (14.76 feet) of the North 6.837 meters (22.43 feet) of said South
40.130 meters (131.66 feet) of the North 152.309 meters (499.70 feet), lying East of
U.S. Highway No. 10.
800110J\110-2803.oct.doc 4 (Parcel No. 8)
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT:
Perpetual easement for public utility and drainage purposes over, under, and across that part of
the following described property:
The Noah 390.64 feet of the South 570.89 feet of the West 446.04 feet of the Northeast Quarter
of the Northwest Quarter of Section 11, Township 32, Range 26, Sherbume County, Minnesota,
and the East 60 feet of the West 225 feet of the South 180.25 feet of said Northeast Quarter of
the Northwest Quarter. EXCEPT the South 33 feet thereof taken for a Township Road now
'known as 171 st Street N.W.
Which lies within the following perpetual easement for utility and drainage purposes:
A strip of land 9.000 meters (29.53 feet) in width'over that.part of said North 390.64 feet of the
South 570.89 feet of the West 446.04 feet and also over that part of said East 60 feet of the West
225 feet of the South 180.25 feet of the Northeast Quarter of the Northwest Quarter.
Which lies Easterly, Northerly and Easterly of the following described line:
Beginning at the Northwest corner of said Noah 390.64 feet of the South 570.89 feet of the West
446.04 feet of the Northeast Quarter of the Northwest Quarter; thence South 00 degrees 51
minutes 03 seconds West, on an assumed bearing along the West line of said Noah 390.64 feet
of the South 570.89 feet of the West 446.04 feet of the Northeast Quarter of the Northwest
Quarter, a distance of 116.197 meters (381.22 feet); thence North 89 degrees 41 minutes 02
seconds East, a distance of 54.831 meters (179.89 feet); thence South 00 degrees 33 minutes 03
seconds West, a distance of 50.000 meters (164.04 feet) and there terminating.
Said strip of land is to extend by its full width from the North line of said North 390.64 feet of
the South 570.89 feet of the West 446.04 feet of the Northeast Quarter of the Northwest Quarter,
to the Northerly right-of-way line of 171st Street N.W.
Also, which lies within the following temporary easement for construction purposes:
That part of said North 390.64 feet of the South 570.89 feet of the West 446.04 feet and also over
that part of said East 60 feet of the West 225 feet of the South 180.25 feet of the Northeast
Quarter of the Northwest Quarter.
Which lies Westerly, Southerly and Westerly of the following described line:
Commencihg at the Northwest comer of said Noah 390.64 feet of the South 570.89 feet of the
West 446.04 feet of the Northeast Quarter of the Northwest Quarter; thence North 89 degrees 55
minutes 46 seconds East, on an assumed bearing along the North line of said Noah 390.64 feet
of the South 570.89 feet of the West 446.04 feet of the Northeast Quarter of the Northwest
Quarter; a distance of 21.405 meters (70.23 feet) to the actual point of beginning of said line to
be hereinafter described; thence South 00 degrees 51 minutes 03 seconds West, a distance of
95.107 meters (312.03 feet); thence Noah 89 degrees 41 minutes 02 seconds East, a distance of
47.109 meters (154.56 feet); thence South 00 degrees 51 minutes 03 seconds West, a distance of
65.000 meters (213.25 feet) and there terminating.
\\SPNWFS\VOLI\DATA\PROJ~800110j\110-0401.dec.doc 4 Parcel No. 10
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT:
Perpetual easement for public utility and drainage purposes over, under, and across that part of
the following described property:
That part of the Northwest Quarter of the Northwest Quarter (NW N of NW N) of Section Eleven
(11), Township Thirty-two (32), Range Twenty-six (26), described as follows: Commencing at a
point on the East line of the right-of-way of U.S. Highway No. 10, a distance of Two Hundred
(200) feet Southeasterly from the intersection thereof with the North line of said Section Eleven
(11); thence in a Southeasterly direction along the said East right-of-way line of said U.S.
Highway No. 10 a distance of One Hundred Ten and Eighty-one Hundredths (110.81) feet to the
point of beginning of a curve to the right; thence along said curve to the right, with a radius of
Seven Thousand Eight Hundred Seventy-five and Fifty-two Hundredths (7875.52) feet and a
central angle of Twelve degrees Twenty-two minutes (12o22') a distance of Two Hundred
Twenty-six and Nineteen Hundredths (226.19) feet; thence East and parallel with said North line
of said Section Eleven (11) a distance of Six Hundred and No Hundredths (600.00) feet; thence
North at right angles to the North line of said Section Eleven (11), thence West along said North
line to its intersection with said East right-of-way line; thence Southeasterly along said East
right-of-way line to the point of beginning.
Which lies within the following perpetual easement for utility and drainage purposes.
That part of the Northwest Quarter of the Northwest Quarter of Section 11, Township 32, Range
26, Sherburne County, Minnesota, which lies Easterly of the following described line:
Commencing at the Northeast comer of said Northwest Quarter of the Northwest Quarter;
thence South 89 degrees 59 minutes 05 seconds West, on an assumed bearing, along the
North line of said Northwest Quarter of the Northwest Quarter, a distance of 7.730 meters
(25.36 feet) to the point of beginning of said line to be hereinafter described; thence South 00
degrees 51 minutes 03 seconds West, a distance of 69.605 meters (228.36 feet); thence South
04 degrees 17 minutes 08 seconds West, a distance of 90.000 meters (295.28 feet), and there
terminating.
Also which lies within the following temporary easement for construction purposes.
A strip of land 12.000 meters (39.37 feet) in width over that part of said Northwest Quarter of the
Northwest Quarter, the Easterly line of which is contiguous with the Westerly line of the above-
described perpetual easement.
Said strip of land is to extend by its full width from said North line, to a line drawn parallel with
and distant 160.000 meters (524.93 feet) South of said North line.
\\SPNVVFS\VOL1~DATA~ROJ~800110j\0068\l10-2811.oct.doc 4 Parcel No. 12
EXHIBIT a
LEGAL DESCRIPTION TO THE EASEMENT TRACT:
Perpetual easement for public utility and drainage purposes over, under, and across that part of
the following described property:
All that part of the Southwest Quarter of the Southwest Quarter (SW ~ of SW '~) of Section 2,
Township 32, Range 26, described as follows: Beginning at the point of intersection of the
Northeasterly line of the right-of-way of U.S. Highway No. 10 and 52, as presently located and
established, and the Northerly line of the right-of-way of the Township Road, said Northerly line
of the right-of-way being 66 feet North of the South line of said Section 2; thence Northwesterly
along said right-of-way line of U.S. Highway No. 10 and 52 a distance of 144.30 feet; thence
Northeasterly at right angles to said right-of-way line a distance of 300 feet; thence
Southeasterly parallel with said Northeasterly line of the right-of-way of U.S. Highway No. 10
and 52 to intersect said Northerly line of the right-of-way of the Township Road, thence West
along said North line of the Township Road to the point of beginning. Containing 1.374 acres,
more or less.
Which lies within the following perpetual easement for utility and drainage purposes.
The Easterly 9.000 meters (29.53 feet) of the Westerly 12.000 meters (39.37 feet) and also the
Northerly 2.170 meters (7.12 feet) of the Westerly 3.000 meters (9.84 feet) of that part of the
Southwest Quarter of the Southwest Quarter of Section 2, Township 32, Range 26, described
as follows: Beginning at the point of intersection of the Northeasterly line of the right-of-way of
U.S. Highway No. 10 and 52, as presently located and established, and the Northerly line of the
right-of-way of the Township Road, said Northerly line of the right-of-way being 66.00 feet North
of the South line of said Section 2; thence Northwesterly along said right-of-way line of U.S.
Highway No. 10 and 52 a distance of 144.30 feet; thence Northeasterly at right angles to said
right-of-way line a distance of 300.00 feet; thence Southeasterly parallel with said Northeasterly
line of the right-of-way of U.S. Highway No. 10 and 52 to intersect said Northerly line of the
right-of-way of the Township Road, thence West along said North line of the Township Road to
the point of beginning.
Also which lies within the following temporary easement for construction purposes.
The Westerly 3.000 meters (9.84 feet) of that part of said Southwest Quarter of the Southwest
Quarter of Section 2, Township 32, Range 26, described as follows: Beginning at the point of
intersection of the Northeasterly line of the right-of-way of U.S. Highway No. 10 and 52, as
presently located and established, and the Northerly line of the right-of-way of the Township
Road, said Northerly line of the right-of-way being 66.00 feet North of the South line of said
Section 2; thence Northwesterly along said right-of-way line of U.S. Highway No. 10 and 52 a
distance of 144.30 feet; thence Northeasterly at right angles to said right-of-way line a distance
of 300.00 feet; thence Southeasterly parallel with said Northeasterly line of the right-of-way of
U.S. Highway No. 10 and 52 to intersect said Northerly line of the right-of-way of the Township
Road, thence West along said North line of the Township Road to the point of beginning.
\\SPNWFS\VOL1~DATA~PROJ\800110j\0068\110-1601.oct.doc 4 Parcel No. 13
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT:
Perpetual easement for public utility and drainage purposes over, under, and across that part of
the following described property:
That part of the Southwest Quarter of the Southwest Quarter (SW N of SW N) of Section 2,
Township 32, Range 26, in Sherburne County, Minnesota, described as follows: Commencing
at a point where the Northerly right-of-way line of the Town Road (Now 173r~ Avenue Northwest)
as presently laid out and established along the South side of said Southwest Quarter of
Southwest Quarter (SW N of SW ¼) intersects the Northeasterly right-of-way line of U.S.
Highway No. 10 and 52, as presently located and established; thence Northwesterly along the
said Northeasterly right-of-way line of U.S. Highway No. 10 and 52 a distance of 144.30 feet, to
the point of beginning of the tract to be described; thence continue along the last named course
a distance of 255.70 feet; thence Northeasterly at right angles to said highway right-of-way line
a distance of 300 feet; thence Southeasterly and parallel with said Highway right-of-way a
distance of 255.70 feet; thence Southwesterly a distance of 300.00 feet, more or less, to the
point of beginning.
Which lies within the following perpetual easement for utility and drainage purposes.
The Easterly 9.000 meters (29.53 feet) of the Westerly 12.000 meters (39.37 feet) and also the
Southerly 1.966 meters (6.45 feet) of the Westerly 3.000 meters (9.84 feet) of that part of said
Southwest Quarter of the Southwest Quarter of Section 2, Township 32, Range 26, in
Sherburne County, Minnesota, described as follows: Commencing at a point where the
Northerly right-of-way line of the Town Road (Now 173"~ Avenue Northwest) as presently laid
out and established along the South side of said Southwest Quarter of Southwest Quarter
intersects the Northeasterly right-of-way line of U.S. Highway No. 10 and 52, as presently
located and established; thence Northwesterly along the said Northeasterly right-of-way line of
U.S. Highway No. 10 and 52 a distance of 144.30 feet, to the point of beginning of the tract to
be described; thence continue along the last named course a distance of 255.70 feet; thence
Northeasterly at right angles to said highway right-of-way line a distance of 300.00 feet; thence
Southeasterly and parallel with said Highway right-of-way a distance of 255.70 feet; thence
Southwesterly a distance of 300.00 feet, more or less, to the point of beginning.
Also which lies within the following temporary easement for construction purposes.
The Westerly 3.000 meters (9.84 feet) of that part of said Southwest Quarter of the Southwest
Quarter of Section 2, Township 32, Range 26, in Sherburne County, Minnesota, described as
follows: Commencing at a point where the Northerly right-of-way line of the Town Road (Now
173"~ Avenue Northwest) as presently laid out and established along the South side of said
Southwest Quarter of Southwest Quarter intersects the Northeasterly right-of-way line of U.S.
Highway No. 10 and 52, as presently located and established; thence Northwesterly along the
said Northeasterly right-of-way line of U.S. Highway No. 10 and 52 a distance of 144.30 feet, to
the point of beginning of the tract to be described; thence continue along the last named course
a distance of 255.70 feet; thence Northeasterly at right angles to said highway right-of-way line
a distance of 300.00 feet; thence Southeasterly and parallel with said Highway right-of-way a
distance of 255.70 feet; thence Southwesterly a distance of 300.00 feet, more or less, to the
point of beginning.
\~SPNVVFS\VOLl~DATA~PROJ~800110j~0068\110-2810.oct.doc 4 Parcel No. 14
EXHIBIT a
LEGAL DESCRIPTION TO THE EASEMENT TRACT:
Temporary easement for construction purposes over, under, and across that part of the
following described property:
That part of the South Half of the Southwest Quarter that lies Northeasterly of the Northeasterly
right-of-way line of U.S. Highway No. 10 and Southwesterly of the railroad right-of-way being in
Section 2, Township 32, Range 26, Sherburne County, Minnesota, and being subject to the
town road except the following four parcels:
1. The North 100 feet thereof.
Commencing at the intersection of the Northeasterly right-of-way line of U.S. Highways
10, 52, and 169 as presently located and established and the northerly right-of-way line
of the Township road and said northerly right-of-way line being 66 feet north of the south
line of said Section 2; thence Northwesterly along the right-of-way line and the extension
thereof a distance of 575 feet; thence Northeasterly at right angles a distance of 30 feet
to intersect said Northeasterly right-of-way line of U.S. Highways 10, 52 and 169; thence
at right angles Northwesterly along the said Northeasterly right-of-way line of U.S.
Highways 10, 52, and 169 a distance of 90 feet; thence at right angles Northeasterly a
distance of 300 feet; thence at dght angles Southeasterly a distance of 90 feet; thence at
right angles Northeasterly a distance of 167.83 feet; thence at right angles Southeasterly
and parallel with the Northeasterly right-of-way of said U.S. Highways a distance of 175
feet; thence Southwesterly at right angles a distance of 197.83 feet; thence
Southeasterly and parallel with said highway right-of-way to an intersection with the
Northerly line of the Town Road; thence Westerly along the Northerly right-of-way line of
said town road to the point of beginning.
All that part of the Southwest Quarter of the Southwest Quarter of Section 2, Township
32, Range 26, Sherburne County, Minnesota, described as follows:
Commencing at the point of intersection of the Northeasterly line of the right-of-way of
U.S. Highway Nos. 10 and 52, as presently located and established, with the North line
of the right-of-way of 173rd Avenue NW (formerly a town road), said North line of said
Avenue also being the North line of the South 66 feet, as measured at right angles, of
said Southwest Quarter of the Southwest Quarter; thence Northwesterly along said
Northeasterly line of the right-of-way of U.S. Highway Nos. 10 and 52 for 144.30 feet;
thence Northeasterly at right angles for 300 feet to a point to be hereafter known as
Point "A" for the purposes of this description; thence Southeasterly parallel with said
Highway right-of-way for 254.30 feet, more or less, to intersect said North line of the
South 66 feet of the Southwest Quarter of the Southwester Quarter, said point of
intersection also being the actual point of beginning of the land to be hereby described;
thence return Northwesterly along said parallel line to said Point "A"; thence
Northeasterly at right angles for 340 feet; thence Southerly for 365.14 feet, more or less,
to a point on said North line of the South 66 feet a distance of 150 feet East of the point
of beginning; thence West along said North line of the South 66 feet for 150 feet to the
point of beginning.
\\SPNVVFS\VOLl~DATA~PROJ~800110j\0068\110-0603.nov.doc 4 Parcel No. 15
All that part of the Southwest Quarter of the Southwest Quarter of Section 2, Township
32, Range 26, Sherburne County, Minnesota, described as follows:
Commencing at the point of intersection of the Northeasterly line of the right-of-way of
U.S. Highway Nos. 10 and 52, as presently located and established, with the North line
of the right-of-way of 173rd Avenue NW (formerly a town road), said North line of said
Avenue also being the North line of the South 66 feet, as measured at right angles, of
said Southwest Quarter of the Southwest Quarter; thence Northwesterly along said
Northeasterly line of the right-of-way of U.S. Highway Nos. 10 and 52 for 144.30 feet;
thence Northeasterly at right angles for 300 feet to the actual point of beginning of the
land to be hereby described; thence Northwesterly parallel with said Highway right-of-
way for 255.70 feet; thence Northeasterly at right angles for 290 feet; thence
Southeasterly for 260.54 feet, more or less, to a point, on said line at dght angles to the
Highway right-of-way and passing through the point of beginning, at a distance of 340
feet Northeasterly of said point of beginning; thence Southwesterly along said line at
right angles to the Highway right-of-way for 340 feet to the point of beginning.
Also excepting therefrom those tracts described in Document Nos. 203550 and 232300,
Sherburne County, Minnesota.
Which lies within the following temporary easement for construction purposes.
A strip of land 10.000 meters (32.81 feet) in width, over that part of said South Half of the
Southwest Quarter, the South line of which is described as follows:
Beginning at the point of intersection of the Southwesterly right-of-way line of the
Burlington Northern Railroad, with the North right-of-way line of 173rd Avenue NW.,said
North right-of-way line being the North line of the South 20.117meters (66.00 feet) of
said South half of the Southwest Quarter: thence West along said North right-of-way line
a distance of 135.277 meters (443.82 feet), and there terminating.
Said strip of land is to extend by its full width from said Southwesterly right-of-way line of
Burlington Northern Railroad, to a line drawn Northerly, perpendicular to said South line,
and passes through the point of termination.
\\SPNVVFS\VOLI\DATA~PROJ~800110j\0068\110-0603.nov.doc 5 Parcel No. 15
EXHIBIT a
LEGAL DESCRIPTION TO THE EASEMENT TRACT
Perpetual easement for public utility and drainage purposes over, under, and across that part of
the following described property:
That part of the Southwest Quarter of the Southwest Quarter (SW % of SW %) of Section Two
(2), Township Thirty-two (32), Range Twenty-six (26), in Sherburne County, Minnesota,
described as follows:
Commencing at the intersection of the Northeasterly right-of-way line of U.S. Highways No's.
10, 52, and 169 as presently located and established, and the Northerly right-of-way line of the
Township Road, said Northerly right-of-way line being 66 feet North of the South line of said
Section 2; thence Northwesterly along said right-of-way line and an extension thereof a distance
of 575 feet, thence Northeasterly at right angles a distance of 30 feet to intersect said
Northeasterly right-of-way line of U.S. Highways No's. 10, 52, and 169 and the actual point of
beginning of the land to be described;
Thence continuing Northeasterly from the point of beginning, and at right angles to said
Northeasterly right-of-way line of U.S. Highways No's. 10, 52, and 169 a distance of 300.00 feet,
thence Northwesterly at right angles a distance of 90 feet, thence Southwesterly at right angles
a distance of 300.00 feet to intersect said right-of-way line at a point 90 feet Northwest of the
point of beginning, thence Southeasterly to the point of beginning, containing 0.967 acres more
or less.
Which lies within the following perpetual easement for utility and drainage purposes.
The Westerly 3.000 meters (9.84 feet) over that part of said Southwest Quarter of the
Southwest Quarter of Section Two (2), Township Thirty-two (32), Range Twenty-six (26), in
Sherburne County, Minnesota, described as follows:
Commencing at the intersection of the Northeasterly right-of-way line of U.S. Highways No's.
10, 52, and 169 as presently located and established, and the Northerly right-of-way line of the
Township Road, said Northerly right-of-way line being 66 feet North of the South line of said
Section 2; thence Northwesterly along said right-of-way line and an extension thereof a distance
of 575 feet, thence Northeasterly at right angles a distance of 30 feet to intersect said
Northeasterly right-of-way line of U.S. Highways No's. 10, 52, and 169 and the actual point of
beginning of the land to be described;
Thence continuing Northeasterly from the point of beginning and at right angles to said
Northeasterly right-of-way line of U.S. Highways No's. 10, 52, and 169 a distance of 300.00 feet,
thence Northwesterly at right angels a distance of 90 feet, thence Southwesterly at right angles
a distance of 300.00 feet to intersect said right-of-way line at a point 90 feet Northwest of the
point of beginning, thence Southeasterly to the point of beginning.
\~SPNVVFS\VOL1~DATA~DRO.A800110j\0068\110-0402.nov.doc 4 Parcel No. 21
EXHIBIT a
LEGAL DESCRIPTION TO THE EASEMENT TRACT
Perpetual easement for public utility and drainage purposes over, under, and across that part of
the following described property:
That part of the Southwest Quarter of the Southwest Quarter of Section 2, Township 32, Range
26, Sherburne County, Minnesota described as follows: Commencing at the intersection of the
Northeasterly right-of-way line of U.S. Highways No. 10, 52, and 169, as presently located and
established and the Northerly right-of-way line of Township Road, said Northerly right-of-way
line being 66.00 feet North of the South line of said Section 2; thence North 20 degrees, 32
minutes 50 seconds West along said right-of-way and the extension thereof a distance of
575.00 feet; thence North 69 degrees, 27 minutes, 10 seconds East a distance of 30.00 feet to
intersect said Northeasterly right-of-way line of U.S. Highways No. 10, 52, and 169; thence
North 20 degrees 32 minutes, 50 seconds along said right-of-way a distance of 90.00 feet to the
actual point of beginning of the land to be described; thence continuing North 20 degrees, 32
minutes 50 seconds West along said right-of-way a distance of 140.00 feet; thence North 69
degrees, 27 minutes, 10 seconds East, along a line at right angles to said highway right-of-way,
for 298.92 feet to an intersection with the following described curve, the radius of which is 60.00
feet:
Commencing at the Southwest corner of said Southwest Quarter of Section 2; thence on
an assumed bearing of North 89 degrees, 37 minutes, 23 seconds East along the South
line of said Southwest Quarter a distance of 1269.71 feet to the point of beginning of a
line to be known as line "Z"; thence North 0 degrees, 22 minutes, 37 seconds West a
distance of 66.00 feet; thence Northwesterly a distance of 97.51 feet along a tangential
curve, concave to the West, the central angle of which is 31 degrees, 14 minutes 04
seconds and the radius of which is 178.87 feet; thence North 31 degrees, 36 minutes, 41
seconds West, tangent to the last described curve, a distance of 650.00 feet; thence
Northwesterly a distance of 196.34 feet along a tangential curve, concave to the
Southwest, the central angle of which is 26 degrees, 49 minutes, 08 seconds, and the
radius of which is 419.45 feet; thence North 58 degrees, 25 minutes, 49 seconds West,
tangent to the last described curve, a distance of 294.29 feet to the point of termination
of said Line "Z". Said point of termination is also the center of the above-mentioned
curve the radius of which is 60.00 feet.
thence Southeasterly and Easterly a distance of 65.83 feet along said curve whose radius is
60.00 feet to an intersection with a line which is .parallel with and distant 33.00 feet
Southwesterly of, as measured at right angles to, the above-described Line "Z"; thence South
58 degrees, 25 minutes, 49 seconds East parallel with said Line "Z" a distance of 141.49 feet to
an intersection with a line extended northeasterly from the point of beginning at a right angle
with said right-of-way of U.S. Highways No. 10, 52, and 169; thence South 69 degrees, 27
minutes, 10 seconds West, along said line at right angles, a distance of 441.60 feet to the point
of beginning.
For the purpose of this description the South line of said Southwest Quarter bears North 89
degrees, 37 minutes, 23 seconds East.
Containing 1.22 acres more or less.
Which lies within the following perpetual easement for utility and drainage purposes.
\~SPNWFS\VOL1~DATA~PROJ~800110j\0068\110-0403.nov.doc 4 Parcel No. 22
The Westerly 3.000 meters (9.84 feet) over that part of said Southwest Quarter of the
Southwest Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota
described as follows: Commencing at the intersection of the Northeasterly right-of-way line of
U.S. Highways No. 10, 52, and 169, as presently located and established and the Northerly
right-of-way line of Township Road, said Northerly right-of-way line being 66.00 feet North of the
South line of said Section 2; thence North 20 degrees, 32 minutes 50 seconds West along said
right-of-way and the extension thereof a distance of 575.00 feet; thence North 69 degrees, 27
minutes, 10 seconds East a distance of 30.00 feet to intersect said Northeasterly right-of-way
line of U.S. Highways No. 10, 52, and 169; thence North 20 degrees 32 minutes, 50 seconds
along said right-of-way a distance of 90.00 feet to the actual point of beginning of the land to be
described; thence continuing North 20 degrees, 32 minutes 50 seconds West along said right-
of-way a distance of 140.00 feet; thence North 69 degrees, 27 minutes, 10 seconds East, along
a line at right angles to said highway right-of-way, for 298.92 feet to an intersection with the
following described curve, the radius of which is 60.00 feet:
Commencing at the Southwest corner of said Southwest Quarter of Section 2; thence on
an assumed bearing of North 89 degrees, 37 minutes, 23 seconds East along the South
line of said Southwest Quarter a distance of 1269.71 feet to the point of beginning of a
line to be known as line "Z"; thence North 0 degrees, 22 minutes, 37 seconds West a
distance of 66.00 feet; thence Northwesterly a distance of 97.51 feet along a tangential
curve, concave to the West, the central angle of which is 31 degrees, 14 minutes 04
seconds and the radius of which is 178.87 feet; thence North 31 degrees, 36 minutes, 41
seconds West, tangent to the last described curve, a distance of 650.00 feet; thence
Northwesterly a distance of 196.34 feet along a tangential curve, concave to the
Southwest, the central angle of which is 26 degrees, 49 minutes, 08 seconds, and the
radius of which is 419.45 feet; thence North 58 degrees, 25 minutes, 49 seconds West,
tangent to the last described curve, a distance of 294.29 feet to the point of termination
of said Line "Z'. Said point of termination is also the center of the above-mentioned
curve the radius of which is 60.00 feet.
thence Southeasterly and Easterly a distance of 65.83 feet along said curve whose radius is
60.00 feet to an intersection with a line which is parallel with and distant 33.00 feet
Southwesterly of, as measured at right angles to, the above-described Line "Z"; thence South
58 degrees, 25 minutes, 49 seconds East parallel with said Line "Z" a distance of 141.49 feet to
an intersection with a line extended northeasterly from the point of beginning at a right angle
with said right-of-way of U.S. Highways No. 10, 52, and 169; thence South 69 degrees, 27
minutes, 10 seconds West, along said line at right angles, a distance of 441.60 feet to the point
of beginning.
For the purpose of this description the South line of said Southwest Quarter bears North 89
degrees, 37 minutes, 23 seconds East.
\\SPNVVFS\VOLl~DATA~PROJ\800110j\O068\110-0403.nov.doc 5 Parcel No. 22
EXHIBIT a
LEGAL DESCRIPTION TO THE EASEMENT TRACT
Perpetual easement for public utility and drainage purposes over, under, and across that part of
the following described property:
That part of the Southwest Quarter of the Southwest Quarter of Section 2, Township 32, Range
26, Sherburne County, Minnesota described as follows: Commencing at the intersection of the
Northeasterly right-of-way line of U.S. Highways No. 10, 52, and 169, as presently located and
established with the Northerly fight-of-way line of the Township Road (now known as 173r~
Avenue NVV), said Northerly right-of-way line being 66.00 feet North of the South line of said
Section 2; thence North 20 degrees, 32 minutes, 50 seconds West along said right-of-way and
the extension thereof a distance of 575.00 feet; thence North 69 degrees, 27 minutes, 10
seconds East a distance of 30.00 feet to intersect said Northeasterly right-of-way line of U.S.
Highways No. 10, 52 and 169; thence North 20 degrees, 32 minutes, 50 seconds West along
said right-of-way a distance of 230.00 feet to the actual point of beginning of the land to be
described; thence continuing North 20 degrees, 32 minutes, 50 seconds West along said right-
of-way a distance of 147.74 feet; thence North 57 degrees, 15 minutes, 51 seconds East a
distance of 200.00 feet; thence North 0 degrees, 11 minutes, 34 seconds West a distance of
138.16 feet to the South line of the North 100.00 feet of said Southwest Quarter of the
Southwest Quarter of Section 2; thence North 89 degrees, 48 minutes, 26 seconds East, along
said South line, a distance of 293.00 feet; thence South 21 degrees, 34 minutes, 11 seconds
West a distance of 190.88 feet to an intersection with the following described curve, the radius
of which is 60.00 feet:
Commencing at the Southwest corner of said Southwest Quarter of Section 2; thence on
an assumed bearing of North 89 degrees, 37 minutes, 23 seconds East along the South
line of said Southwest Quarter a distance of 1269.71 feet to the point of beginning of a
line to be known as line "Z"; thence North 0 degrees, 22 minutes, 37 seconds West a
distance of 66.00 feet; thence Northwesterly a distance of 97.51 feet along a tangential
curve, concave to the West, the central angle of which is 31 degrees, 14 minutes, 04
seconds and the radius of which is 178.87 feet; thence North 31 degrees, 36 minutes, 41
seconds West, tangent to the last described curve, a distance of 650.00 feet; thence
Northwesterly a distance of 196.34 feet along a tangential curve, concave to the
Southwest, the central angel of which is 26 degrees, 49 minutes, 08 seconds, and the
radius of which is 419.45 feet; thence North 58 degrees, 25 minutes, 49 seconds West,
tangent to the last described curve, a distance of 294.29 feet to the point of termination
of said Line "Z". Said point of termination is also the center of the above-mentioned
curve the radius of which is 60.00 feet.
thence Westerly and Southerly a distance of 171.50 feet along said curve whose radius is 60.00
feet to an intersection with a line extended northeasterly from the point of beginning at a right
angles with said right-of-way of U.S. Highways No. 10, 52, and 169; thence South 69 degrees,
27 minutes, 10 seconds West, along said line at dght angles, a distance of 298.92 feet to the
point of beginning.
For the purpose of this description the South line of said Southwest Quarter bears North 89
degrees, 37 minutes, 23 seconds East.
Containing 2.12 acres more or less.
\\SPNWFS\VOL1~DATA~PROJ~800110j\0068\110-0404.nov.doc 4 Parcel No. 23
Which lies within the following perpetual easement for utility and drainage purposes.
The Westerly 3.000 meters (9.84 feet) over that part of said Southwest Quarter of the
Southwest Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota
described as follows: Commencing at the intersection of the Northeasterly right-of-way line of
U.S. Highways No. 10, 52, and 169, as presently located and established with the Northerly
right-of-way line of the Township Road (now known as 173"~ Avenue NVV), said Northerly right-
of-way line being 66.00 feet North of the South line of said Section 2; thence North 20 degrees,
32 minutes, 50 seconds West along said right-of-way and the extension thereof a distance of
575.00 feet; thence North 69 degrees, 27 minutes, 10 seconds East a distance of 30.00 feet to
intersect said Northeasterly right-of-way line of U.S. Highways No. 10, 52 and 169; thence North
20 degrees, 32 minutes, 50 seconds West along said right-of-way a distance of 230.00 feet to
the actual point of beginning of the land to be described; thence continuing North 20 degrees,
32 minutes, 50 seconds West along said right-of-way a distance of 147.74 feet; thence North 57
degrees, 15 minutes, 51 seconds East a distance of 200.00 feet; thence North 0 degrees, 11
minutes, 34 seconds West a distance of 138.16 feet to the South line of the North 100.00 feet of
said Southwest Quarter of the Southwest Quarter of Section 2; thence North 89 degrees, 48
minutes, 26 seconds East, along said South line, a distance of 293.00 feet; thence South 21
degrees, 34 minutes, 11 seconds West a distance of 190.88 feet to an intersection with the
following described curve, the radius of which is 60.00 feet:
Commencing at the Southwest corner of said Southwest Quarter of Section 2; thence on
an assumed bearing of North 89 degrees, 37 minutes, 23 seconds East along the South
line of said Southwest Quarter a distance of 1269.71 feet to the point of beginning of a
line to be known as line "Z"; thence North 0 degrees, 22 minutes, 37 seconds West a
distance of 66.00 feet; thence Northwesterly a distance of 97.51 feet along a tangential
curve, concave to the West, the central angle of which is 31 degrees, 14 minutes, 04
seconds and the radius of which is 178.87 feet; thence North 31 degrees, 36 minutes, 41
seconds West, tangent to the last described curve, a distance of 650.00 feet; thence
Northwesterly a distance of 196.34 feet along a tangential curve, concave to the
Southwest, the central angel of which is 26 degrees, 49 minutes, 08 seconds, and the
radius of which is 419.45 feet; thence North 58 degrees, 25 minutes, 49 seconds West,
tangent to the last described curve, a distance of 294.29 feet to the point of termination
of said Line "Z'. Said point of termination is also the center of the above-mentioned
curve the radius of which is 60.00 feet.
thence Westerly and Southerly a distance of 171.50 feet along said curve whose radius is 60.00
feet to an intersection with a line extended northeasterly from the point of beginning at a right
angles with said right-of-way of U.S. Highways No. 10, 52, and 169; thence South 69 degrees,
27 minutes, 10 seconds West, along said line at dght angles, a distance of 298.92 feet to the
point of beginning.
For the purpose of this description the South line of said Southwest Quarter bears North 89
degrees, 37 minutes, 23 seconds East.
\\SPNWFS\VOL1~DATA~PROJ\800110j\0068\110-0404.nov.doc 5 Parcel No. 23
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT
Perpetual easement for public utility and drainage purposes over, under, and across that part of
the following described property:
That part of the Southwest Quarter of the Southwest Quarter of Section 2, Township 32, Range
26, Sherbume County, Minnesota described as follows: Commencing at the intersection of the
Northeasterly right-of-way line of U.S. Highways No. 10, 52, and 169, as presently located and
established and the Northerly right-of-way line of Township Road, said Northerly right-of-way
line being 66.00 feet North of the South line of said Section 2; thence North 20 degrees, 32
minutes, 50 seconds West along said right-of-way and the extension thereof a distance of
575.00 feet; thence North 69 degrees, 27 minutes, 10 seconds East a distance of 30.00 feet to
intersect said Northeasterly right-of-way line of U.S. Highways No. 10, 52, and 169; thence
North 20 degrees, 32 minutes, 50 seconds West along said right-of-way a distance of 377.74
feet to the actual point of beginning of the land to be described; thence North 57 degrees, 15
minutes, 51 seconds East a distance of 200.00 feet; thence North 0 degrees, 11 minutes, 34
seconds West a distance of 138.16 feet more or less to an intersection with the South line of the
North 100.00 feet of said Southwest Quarter of the Southwest Quarter of Section 2; thence
South 89 degrees, 48 minutes, 26 seconds West along said South line of the North 100.00 feet,
a distance of 259.77 feet to an intersection with said Northeasterly right-of-way line of U.S.
Highways No. 10, 52, and 169; thence South 20 degrees, 32 minutes, 50 seconds East, along
said right-of-way, a distance of 262.11 feet to the point of beginning. For the purpose of this
description the South line of said Southwest Quarter is assumed to bear North 89 degrees, 37
minutes, 23 seconds East.
Containing 1.00 acres more or less. Subject to easements of record.
Which lies within the following perpetual easement for utility and drainage purposes.
The Westerly 3.000 meters (9.84 feet) over that part of said Southwest Quarter of the
Southwest Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota
described as follows: Commencing at the intersection of the Northeasterly right-of-way line of
U.S. Highways No. 10, 52, and 169, as presently located and established and the Northerly
right-of-way line of Township Road, said Northerly right-of-way line being 66.00 feet North of the
South line of said Section 2; thence North 20 degrees, 32 minutes, 50 seconds West along said
right-of-way and the extension thereof a distance of 575.00 feet; thence North 69 degrees, 27
minutes, 10 seconds East a distance of 30.00 feet to intersect said Northeasterly right-of-way
line of U.S. Highways No. 10, 52, and 169; thence North 20 degrees, 32 minutes, 50 seconds
West along said right-of-way a distance of 377.74 feet to the actual point of beginning of the
land to be described; thence North 57 degrees, 15 minutes, 51 seconds East a distance of
200.00 feet; thence North 0 degrees, 11 minutes, 34 seconds West a distance of 138.16 feet
more or less to an intersection with the South line of the North 100.00 feet of said Southwest
Quarter of the Southwest Quarter of Section 2; thence South 89 degrees, 48 minutes, 26
seconds West along said South line of the North 100.00 feet, a distance of 259.77 feet to an
intersection with said Northeasterly right-of-way line of U.S. Highways No. 10, 52, and 169;
thence South 20 degrees, 32 minutes, 50 seconds East, along said right-of-way, a distance of
262.11 feet to the point of beginning. For the purpose of this description the South line of said
Southwest Quarter is assumed to bear North 89 degrees, 37 minutes, 23 seconds East, which
lies Eastedy of the Easterly right-of-way line of U.S. Highway 169.
\\SPNWFS\VOL1~DATA~PROJ~800110j\0068\110-0405.nov.doc 4 Parcel No. 24
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT:
Perpetual easement for public utility and drainage purposes over, under, and across that part of
the following described property:
That part of the Northwest Quarter of the Southwest Quarter (NW ¼ of SW ¼ ) of Section Two
(2), Township 32, Range 26, Sherbume County, Minnesota, lying Southwesterly of the railroad
right-of-way.
Also that part of Lot Two (2) of Section Three (3), Township 32, Range 26, Sherbume County,
Minnesota, described as follows: Commencing at the Southeast comer of said Lot Two (2);
thence North on Section line 500 feet; thence South 82° West, 191 feet; thence South 16.5° East,
491 feet; thence East 42 feet to the point of beginning, excepting therefrom the following
described tract: Beginning at the intersection of the East right of way line of U.S. Highway No.
10 with the South line of said Northwest Quarter of the Southwest Quarter (NW ¼ of SW ¼);
thence Northwesterly along said right of way line to a point on a line parallel with and 208 feet
North of the South line of said Northwest Quarter of the Southwest Quarter extended; thence
East parallel with the South line of said Northwest Quarter of the Southwest Quarter (NW IA of
SW IA) to the Westerly line of the Burlington Northern Railway right of way; thence
Southeasterly along the Westerly line of the Burlington Northern Railway right of way to its
intersection with the South line of said Northwest Quarter of the Southwest Quarter (NW lA of
SW IA); thence West along said South line to the point of beginning.
Which lies within the following perpetual easement for utility and drainage purposes:
That part of said Lot 2, Section 3, Township 32, Range 26, which lies Northeasterly of the
Northeasterly right of way line of U.S. Highway No. 10, and which lies Westerly and
Southwesterly of the following described line:
Commencing at the Southeast comer of said Lot 2; thence North 89 degrees 50 minutes 11
seconds West, on an assumed bearing along the South line of said Lot 2, a distance of 9.778
meters (32.08 feet) to the actual point of beginning of said line to be hereinafter described;
thence North 01 degrees 23 minutes 07 seconds East, parallel to the East line of said Lot 2, a
distance of 98.311 meters (322.54 feet); thence North 39 degrees 48 minutes 24 seconds West, a
distance of 65.000 meters (213.25 feet) and there terminating.
Also which lies within the following described temporary easement for construction purposes:
A strip of land 3.000 meters (9.84 feet) in width over that part of said Lot 2, the Westerly and
Southwesterly line of which is contiguous with the Easterly and Northeasterly line of said above
described perpetual easement.
O:\PROJX800110j\110-1003.dee.doc 4 Parcel No. 25
EXHIBIT a
LEGAL DESCRIPTION TO THE EASEMENT TRACT
Perpetual easement for public utility and drainage purposes over, under, and across that part of
the following described property:
That part of the Southwest Quarter of the Southwest Quarter (SW % of SW %) of Section Two
(2), Township Thirty-two (32), Range Twenty-six (26), in Sherburne County, Minnesota,
described as follows:
Commencing at the intersection of the Northeasterly right-of-way line of U.S. Highways No. 10,
as presently located and established, and the Northerly right-of-way line of the Town Road, said
Northerly right-of-way line being 66 feet North of the South line of said Section 2; thence
Northwesterly along said right-of-way line 400 feet to the actual point of beginning of the land to
be described;
Thence continuing along said Northeasterly right-of-way line 175.00 feet; thence Northeasterly
at right angles from said right-of-way line 497.83 feet; thence Southeasterly parallel with said
Northeasterly right-of-way line 175.00 feet; thence Southwesterly at dght angles 497.83 feet to
the point of beginning.
VVhich lies within the following perpetual easement for utility and drainage purposes.
The Easterly 9.000 meters (29.53 feet) of the Westedy 12.000 meters (39.37 feet) of that part of
said Southwest Quarter of the Southwest Quarter of Section Two, Township Thirty-two, Range
Twenty-six, in Sherburne County, Minnesota, described as follows:
Commencing at the intersection of the Northeasterly right-of-way line of U.S. Highway No. 10 as
presently located and established, and the Northerly right-of-way line of the Town Road, said
Northerly right-of-way line being 66 feet north of the south line of said Section 2; thence
Northwesterly along said right-of-way line 400 feet to the actual point of beginning of the land to
be described;
Thence continue along said Northeasterly right-of-way line 175.00 feet; thence Northeasterly at
right angles from said right-of-way line 497.83 feet; thence Southeasterly parallel with said
Northeasterly right-of-way line 175.00 feet; thence Southwesterly at right angles 497.83 feet to
the point of beginning.
And also which lies within the following temporary easement for construction purposes:
The Westerly 3.000 meters (9.84 feet) of that part of said Southwest Quarter of the Southwest
Quarter of Section Two , Township Thirty-two , Range Twenty-six , in Sherbume County,
Minnesota, described as follows:
Commencing at the intersection of the Northeasterly right-of-way line of U.S. Highways No. 10,
as presently located and established, and the Northerly fight-of-way line of the Town Road, said
Northerly right-of-way line being 66 feet North of the South line of said Section 2; thence
O:~PRO.A800110j\0068\110-2508.nov.doc 4 Parcel No. 30
Northwesterly along said right-of-way line 400 feet to the actual point of beginning of the land to
be described;
Thence continuing along said Northeasterly right-of-way line 175.00 feet; thence Northeasterly
at dght angles from said right-of-way line 497.83 feet; thence Southeasterly parallel with said
Northeasterly right-of-way line 175.00 feet; thence Southwesterly at right angles 497.83 feet to
the point of beginning.
O:~PROJ~800110j\OO68\llO-2508.nov.doc 5 Parcel No. 30
EXHIBIT a
LEGAL DESCRIPTION TO THE EASEMENT TRACT
Temporary easement for construction purposes over, under, and across that part of the
following described properties:
Lot 1, Block 1 and Outlot B, LEON LEFEBVRE ADDITION, according to said plat on file and of
record in the office of the County Recorder, Sherburne County, Minnesota.
Which lies within the following temporary described easement for construction purposes:
The Northerly 3.000 meters (9.84 feet) of the Southerly 6.048 meters (19.84 feet) of said Lot 1,
Block 1, and also said Outlot B.
\\SPNWFS\VOL1~DATA~ROJ~800110j\0068\110-2509.nov.doc 4 Parcel No. 40
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT
Temporary easement for construction purposes over, under, and across that part of the
following described properties:
That part of the Southwest Quarter of the Southwest Quarter of Section 35, Township 33,
Range 26, Sherburne County, Minnesota, described as follows:
Beginning a{ a point on the South line of said Southwest Quarter o'1' d'te
Southwest Quarter that is 250.00 feet West of the Southeast corner of said
Southwest Quarter of the Southwest Quarter; thence NortheasteHy to a poim. on
the centerline of the public road now known as County Road 13. That is 't 88
chains Northwesterly when measured along the centerline of said road from .'..he
East line of said Southwest Quarter of the Southwest Quartet the,~ce
Northwesterly along the centerline of said road a distance of 425 feet ther~ce
Southwesterly to a point on the South line of said Southwest Quarter of ~he
Southwest Quarter that is 425 feet West of the point of beginning; thence East
along South line of said Southwest Quarter of the Southwest Quarter to the p¢~int
of beginning.
Which lies within the following described temporary easements for construcbon
purposes:
The Southeasterly 10.000 meters (32.81 feet) of that part of said Southwest Quarter of the
Southwest Quarter of Section 35, Township 33, Range 26, Sherburne County, Minnesota,
described as follows:
Beginning at a point on the South line of said Southwest Quarter of the
Southwest Quarter that is 250.00 feet West of the Southeast comer of said
Southwest Quarter of the Southwest Quarter;, thence Northeasterly to a point on
the centerline of the public road now known as County Road 13. That is 1.88
chains Northwesterly when measured along the centerline of said road from the
East line of said Southwest Quarter of the Southwest Quarter;, thence
Northwesterly along the centerline of said mad a distance of 425 feet ther~ce
Southwesterly to a point on the South line of said Southwest Quarter ~f the
Southwest Quarter that is 425 feet West of the point of beginning; thence East
along South line of said Southwest Quarter of the Southwest Quarter to the point
of beginning.
\\$P NWFS~VOLI'~ATA~PROJ~O0110j~0068~110-0208.dsc. doc 4
Parcal No. 43
DESCRIPTION Of PROPERTY TO BE PURCHASED
BY THE CITY OF ELK RIVER
FROM VIRGIL F. MULVANEY AND LOUISE MULVANEY
That part of the West Half of the Southwest Quarter of Section Thirty-five (35), Township Thirty-
three (33), Range Twenty-six (26), Sherburne County, Minnesota, described as follows:
Beginning at the Southwest corner of the Northwest Quarter of the Southwest Quarter of
Section Thirty-five (35) Township Thirty-three (33) Range Twenty-six (26) and running
North on the Section line ter{ and 24/10 (10.24) chains; thence East, parallel with the
North line of said Northwest Quarter of the Southwest Quarter twenty (20) chains to the
East line of the Northwest Quarter of the Southwest Quarter; thence South on the 1/16
section line to the center of the town road known as the Hildreth road; thence North 51
degrees West along the center line of the Town Road to the place of beginning,
excepting therefrom a strip of land ten (10) rods wide on the East side thereof.
Which lies Easterly of a line drawn parallel with and distant 18.288 meters (60.00 feet) Westedy
of the following described line:
Commencing at the Southwest corner of said Southwest Quarter of Section 35; thence South 89
degrees 51 minutes 13 seconds East, on an assumed bearing along the South line of said
Southwest Quarter, a distance of 352.122 meters (1155.26 feet); thence North 32 degrees 51
minutes 28 seconds East, a distance of 99.401 meters (326.12 feet) to the actual point of
beginning of said line to be hereinafter described; thence continuing North 32 degrees 51
minutes 28 seconds East, a distance of 44.598 meters (146.32 feet); thence Northeasterly,
Northerly, and Northwesterly, a distance of 219.001 meters (718.51 feet) along a tangential
curve concave to the West, having a radius of 182.880 meters (600.00 feet) and a central angle
of 68 degrees 36 minutes 44 seconds; thence North 35 degrees 45 minutes 16 seconds West,
tangent to said last described curve, a distance of 167.284 meters (548.83 feet); thence
Northwesterly, a distance of 150.537 meters (493.89 feet), along a tangential curve concave to
the Northeast, having a radius of 300.000 meters (984.25 feet) and a central angle of 69
degrees 13 minutes 12 seconds; thence North 07 degrees 00 minutes 14 seconds West,
tangent to said last described curve, a distance of 215.000 meters (705.38 feet) and there
terminating.
PARCEL 17
O:/PROJ/800110 J/Easements/110-2507.nov
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT
Temporary easement for construction purposes over, under, and across that part of the
following described properties:
That part of the West Half of the Southwest Quarter of Section Thirty-five (35), Township Thirty-
three (33), Range Twenty-six (26), Sherbume County, Minnesota, described as follows:
Beginning at the Southwest comer of the Northwest Quarter of the Southwest Quarter of
Section Thirty-five (35), Township Thirty-three (33), Range Twenty-six (26) and running
North on the Section line ten and 24/10 (10.24) chains; thence East, parallel with the
North line of said Northwest Quarter of the Southwest Quarter twenty (20) chains to the
East line of the Northwest Quarter of the Southwest Quarter; thence South on the 1/16
section line to the center line of the Town Road known as the Hilderth road; thence
North 51 degrees West along the center line of the town road to the place of beginning,
excepting therefrom a strip of land ten (10) rods wide on the East side thereof.
Which lies within the following described temporary easement for construction purposes:
A strip of land 20.000 meters (65.62 feet) in width, over that part of said West half of the
Southwest Quarter of Section 35, the Northeasterly and Easterly line of which is drawn parallel
with and distant 18.288 meters (60.00 feet) Southwesterly and Westerly of the following
described line:
Commencing at the Southwest comer of said Southwest Quarter of Section 35; thence South 89
degrees 51 minutes 13 seconds East, on an assumed bearing along the South line of said
Southwest Quarter, a distance of 352.122 meters (1,155.26 feet); thence North 32 degrees 51
minutes 28 seconds East, a distance of 99.401 meters (326.12 feet) to the actual point of
beginning of said line to be hereinafter described; thence continuing North 32 degrees 51
minutes 28 seconds East, a distance of 44.598 meters (146.32 feet); thence Northeasterly,
Northerly, and Northwesterly, a distance of 219.001 meters (718.51 feet) along a tangential
curve concave to the West, having a radius of 182.880 meters (600.00 feet) and a central angle
of 68 degrees 36 minutes 44 seconds; thence North 35 degrees 45 minutes 16 seconds West,
tangent to said last described curve, a distance of 167.284 meters (548.83 feet); thence
Northwesterly, a distance of 150.537 meters (493.89 feet), along a tangential curve concave to
the Northeast, having a radius of 300.000 meters (984.25 feet) and a central angle of 69
degrees 13 minutes 12 seconds; thence North 07 degrees 00 minutes 14 seconds West,
tangent to said last described curve, a distance of 215.000 meters (705.38 feet) and there
terminating.
Said strip of land is to extend by its full width from the Northeasterly right-of-way line of County
Road No. 12, to the North line of said Southwest Quarter of Section 35.
O:~PRO,AS00110j\0068~ll0-0206.dec. doc 4 Parcel No. 17
DESCRIPTION OF PROPERTY TO BE PURCHASED
BY THE CITY OF ELK RIVER
FROM RONALD L. GUENTHER
That part of the North 17 acres of the West 70 rods of the Northwest Quarter of the Southwest
Quarter (NW % of SW %) of Section 35, Township 33, Range 26, Sherburne County,
Minnesota, except the South 10 rods of the West 40 rods thereof, and also except the North 165
feet thereof.
Which lies Easterly of a line drawn parallel with and distant 18.288 meters (60.00 feet) Westerly
of the following described line:
Commencing at the Southwest corner of said Southwest Quarter of Section 35; thence South 89
degrees 51 minutes 13 seconds East, on an assumed bearing along the South line of said
Southwest Quarter, a distance of 352.122 meters (1155.26 feet); thence North 32 degrees 51
minutes 28 seconds East, a distance of 99.401 meters (326.12 feet) to the actual point of
beginning of said line to be hereinafter described; thence continuing North 32 degrees 51
minutes 28 seconds East, a distance of 44.598 meters (146.32 feet); thence Northeasterly,
Northerly, and Northwesterly, a distance of 219.001 meters (718.51 feet) along a tangential
curve concave to the West, having a radius of 182.880 meters (600.00 feet) and a central angle
of 68 degrees 36 minutes 44 seconds; thence North 35 degrees 45 minutes 16 seconds West,
tangent to said last described curve, a distance of 167.284 meters (548.83 feet); thence
Northwesterly, a distance of 150.537 meters (493.89 feet), along a tangential curve concave to
the Northeast, having a radius of 300.000 meters (984.25 feet) and a central angle of 69
degrees 13 minutes 12 seconds; thence North 07 degrees 00 minutes 14 seconds West,
tangent to said last described curve, a distance of 215.000 meters (705.38 feet) and there
terminating.
PARCEL 18
O:/PROJ/80Oll0J/Easements/ll0-2507.nov
EXHIBIT a
LEGAL DESCRIPTION TO THE EASEMENT TRACT
Temporary easement for construction purposes over, under, and across that part of the
following described properties:
That part of the North 17 acres of the West 70 rods of the Northwest Quarter of the Southwest
Quarter (NW % of SW %) of Section 35, Township 33, Range 26, Sherbume County,
Minnesota, except the South 10 rods of the West 40 rods thereof, and also except the North 165
feet thereof.
Which lies within the following described temporary easement for construction purposes:
A strip of land 20.000 meters (65.62 feet) in width, over that part of said North 17 acres of the
West 70 rods of the Northwest Quarter of the Southwest Quarter of Section 35, the Easterly line
of which is drawn parallel with and distant 18.288 meters (60.00 feet) Westerly of the following
described line:
Commencing at the Southwest corner of said Southwest Quarter of Section 35; thence South 89
degrees 51 minutes 13 seconds East, on an assumed bearing along the South line of said
Southwest Quarter, a distance of 352.122 meters (1,155.26 feet); thence North 32 degrees 51
minutes 28 seconds East, a distance of 99.401 meters (326.12 feet) to the actual point of
beginning of said line to be hereinafter described; thence continuing North 32 degrees 51
minutes 28 seconds East, a distance of 44.598 meters (146.32 feet); thence Northeasterly,
Northerly, and Northwesterly, a distance of 219.001 meters (718.51 feet) along a tangential
curve concave to the West, having a radius of 182.880 meters (600.00 feet) and a central angle
of 68 degrees 36 minutes 44 seconds; thence North 35 degrees 45 minutes 16 seconds West,
tangent to said last described curve, a distance of 167.284 meters (548.83 feet); thence
Northwesterly, a distance of 150.537 meters (493.89 feet), along a tangential curve concave to
the Northeast, having a radius of 300.000 meters (984.25 feet) and a central angle of 69
degrees 13 minutes 12 seconds; thence North 07 degrees 00 minutes 14 seconds West,
tangent to said last described curve, a distance of 215.000 meters (705.38 feet) and there
terminating.
Said strip of land is to extend by its full width from the Northeasterly right-of-way line of County
Road No. 12, to the North line of said Southwest Quarter of Section 35.
O:~PROJ~800110j\0068\ll0-0207.dec. doc 4 Parcel No. 18
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT:
Perpetual and temporary easements for public street, utility, drainage and construction
purposes over, under, and across that part of the following described properties:
The Northwest Quarter of the Northwest Quarter of Section 2, Township 32, Range 26,
Sherburne County, Minnesota, EXCEPT that part thereof which lies Westerly of a line run
parallel with and distant 200 feet Easterly of the West line of said Section 2.
And also:
That part of the Southwest Quarter of the Southwest Quarter of Section 35, Township 33,
Range 26, Sherburne County, Minnesota, lying south of County State Aid Highway No. 12, East
of the West 200 feet thereof.
And also:
The West 200 feet of the Southwest Quarter of Section 35, Township 33, Range 26, Sherburne
County, Minnesota, lying South of road.
And also:
That part of the Southeast Quarter of the Southeast Quarter of Section 34, Township 33, Range
26, Sherburne County, Minnesota, lying East of Highway 169.
Which lies within the following perpetual easements for street, utility and drainage purposes.
A strip of land 36.576 meters (120.00 feet) in width over that part of the Northwest Quarter of
the Northwest Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota,
EXCEPT that part thereof which lies westerly of a line run parallel with and distant 200 feet
easterly of the west line of said Section 2.
And also over:
That part of the Southwest Quarter of the Southwest Quarter of Section 35, Township 33,
Range 26, Sherburne County, Minnesota, lying south of County State Aid Highway No. 12.
the centerline of said 36.576 meter (120.00 feet) strip of land is described as follows:
Commencing at the Northeast corner of the Northeast Quarter of the Southwest Quarter of
Section 2, Township 32, Range 26, Sherburne County, Minnesota; thence North 89 degrees 38
minutes 23 seconds West, an assumed bearing along the North line of said Northeast Quarter
of the Southwest Quarter, a distance of 387.067 meters (1269.90 feet) to the actual point of.
beginning of said centerline to be hereinafter described; thence Northwesterly and Northerly, a
distance of 111.136 meters (364.62 feet), along a non-tangential curve having a radius of
250.00 meters (820.21 feet), a central angle of 25 degrees 28 minutes 14 seconds and a chord
bearing of North 14 degrees 36 minutes 04 seconds West; thence North 01 degree 51 minutes
56 seconds West, tangent to said last described curve, a distance of 363.256 meters (1191.78
feet) to a point to be hereinafter referred to as "Point A"; thence continuing North 01 degree 51
minutes 56 seconds West, a distance of 258.650 meters (848.59 feet); thence Northerly and
O:~DROJ\800110j\0068\110-2901.oct.doc
Easement Parcel No. 27
Northeasterly, a distance of 110.832 meters (363.62 feet), along a tangential curve concave to
the Southeast having a radius of 182.880 meters (600.00 feet) and a central angle of 34
degrees 43 minutes 25 seconds; thence North 32 degrees 51 minutes 28 seconds East, tangent
to said last described curve, a distance of 56.000 meters (183.73 feet) and there terminating.
Said strip of land is to extend by its full width from the South line of said Northwest Quarter of
the Northwest Quarter of Section 2 to the Southwesterly right-of-way line of said County State
Aid Highway No. 12.
Also which lies within the following perpetual easement for utility and drainage purposes.
A strip of land 15.000 meters (49.21 feet) in width over said Northwest Quarter of the Northwest
Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota, EXCEPT that part
thereof which lies Westerly of a line run parallel with and distant 200 feet Easterly of the West
line of said Section 2.
And also over:
That part of said Southwest Quarter of the Southwest Quarter of Section 35, Township 33,
Range 26, Sherburne County, Minnesota, lying South of County State Aid Highway No. 12.
And also over:
That part of the Southeast Quarter of the Southeast Quarter of Section 34, Township 33, Range
26, Sherburne County, Minnesota, lying East of Highway No. 169.
the centerline of said 15.000 meters (49.21 feet) strip of land is described as follows:
Beginning at the said above-referenced "Point A"; thence South 89 degrees 09 minutes 13
seconds West, a distance of 113.112 meters (371.10 feet); thence North 88 degrees 13 minutes
21 seconds West, a distance of 117.382 meters (385.11 feet); thence North 44 degrees 53
minutes 29 seconds West, a distance of 79.013 meters (259.23 feet); thence North 01 degree
24 minutes 39 seconds East, a distance of 284.519 meters (933.46 feet); thence North 89
degrees 51 minutes 26 seconds West, a distance of 97.234 meters (319.01 feet); thence South
00 degrees 30 minutes 53 seconds West, a distance of 14.847 meters (48.71 feet) to the South
line of said Southeast Quarter of the Southeast Quarter of Section 34.
Also which lies within the following temporary easements for construction purposes.
A strip of land 65.000 meters (213.25 feet) in width over that part of said Northwest Quarter of
the Northwest Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota,
EXCEPT that part thereof which lies westerly of a line run parallel with and distant 200 feet
easterly of the west line of said Section 2.
And also over:
That part of said Southwest Quarter of the Southwest Quarter of Section 35, Township 33,
Range 26, Sherburne County, Minnesota, lying South of County State Aid Highway No. 12.
the East line of which is contiguous with the West line of said first above-described perpetual
easement, being a strip of land 36.576 meters (120.00 feet) in width.
O:\PROJ\800110j\0068\110-2901.oct.doc 2 Easement Parcel No. 27
Said strip of land is to extend by its full width from the South line of said Northwest Quarter of
the Northwest Quarter of Section 2 to said Southwesterly right-of-way line of said County State
Aid Highway No. 12.
And also:
That part of said Northwest Quarter of the Northwest Quarter of Section 2, Township 32, Range
26, Sherbume County, Minnesota, and that part of the Southwest Quarter of the Southwest
Quarter of Section 35, Township 33, Range 26, Sherburne County, Minnesota, which all lies
East of said first above-described perpetual easement, being a strip of land 36.576 meters
(120.00 feet) in width.
And also:
The South 120.000 meters (393.70 feet) of said Northwest Quarter of the Northwest Quarter of
Section 2, except that part which lies Westerly of a line run parallel with and distant 200.00 feet
Easterly of the West line of said Section 2. And also, except that part which lies within the
above-described perpetual easements.
And also:
The East 120.000 meters (393.70 feet) of the West 180.960 meters (593.70 feet) of said
Northwest Quarter of the Northwest Quarter of Section 2. Except that part which lies within the
above-described perpetual easements.
And also:
The South 100.000 meters (328.08 feet) of the West 180.960 meters (593.70 feet) of said
Southwest Quarter of the Southwest Quarter of Section 35. Except that part which lies within
the above-described perpetual easements.
And also:
The South 100.000 meters (328.08 feet) of said Southeast Quarter of the Southeast Quarter of
Section 34, which lies East of U.S. Highway No. 169. Except that part which lies within the
above-described perpetual easements.
O:~PROJ\800110j\0068\110-2901.ocr.doc 3 Easement Parcel No. 27
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT:
Perpetual and temporary easements for public street, utility, drainage and construction
purposes over, under, and across that part of the following described property:
The Southwest Quarter of the Northwest Quarter of Section 2, Township 32, Range 26,
Sherburne County, Minnesota.
Which lies within the following perpetual easements for street, utility and drainage purposes.
A strip of land 36.576 meters (120.00 feet) in width over that part of the Southwest Quarter of
the Northwest Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota, the
centerline of which is described as follows:
Commencing at the Northeast corner of the Northeast Quarter of the Southwest Quarter of said
Section 2; thence North 89 degrees 38 minutes 23 seconds West, an assumed bearing along
the North line of said Northeast Quarter of the Southwest Quarter, a distance of 387.067 meters
(1269.90 feet) to the actual point of beginning of said centerline to be hereinafter described;
thence Northwesterly and Northerly, a distance of 111.136 meters (364.62 feet), along a non-
tangential curve, concave to the Northeast, having a radius of 250.000 meters (820.21 feet), a
central angle of 25 degrees 28 minutes 14 seconds and a chord bearing of North 14 degrees 36
minutes 04 seconds West; thence North 01 degree 51 minutes 56 seconds West, tangent to
said last described curve, a distance of 6.642 meters (21.79 feet) to a point to be hereinafter
referred to as "Point A"; thence continuing North 01 degree 51 minutes 56 seconds West, a
distance of 189.105 meters (620.42 feet) to a point to be hereinafter referred to as "Point B";
thence continuing North 01 degree 51 minutes 56 seconds West, a distance of 96.078 meters
(315.22 feet) to the North line of said Southwest Quarter of the Northwest Quarter and there
terminating.
Said strip of land is to extend by its full width from the South and East lines of said Southwest
Quarter of the Northwest Quarter to said North line of the Southwest Quarter of the Northwest
Quarter.
And also:
A strip of land 24.384 meters (80.00 feet) in width over that part of said Southwest Quarter of
the Northwest Quarter of Section 2, the centertine of which is described as follows:
Beginning at the said above-referenced "Point A"; thence North 89 degrees 44 minutes 47
seconds West, a distance of 202.885 meters (665.63 feet); thence Westerly, Northwesterly and
Northerly, a distance of 65.451 meters (214.73 feet), along a tangential curve concave to the
Northeast having a radius of 42.672 meters (140.00 feet) and a central angle of 87 degrees 52
minutes 51 seconds; thence North 01 degree 51 minutes 56 seconds West, tangent to said last
described curve, a distance of 103.703 meters (340.23 feet); thence Northerly, Northeasterly
and Easterly, a distance of 68.607 meters (225.09 feet), along a tangential curve concave to the
Southeast having a radius of 42.672 meters (140.00 feet) and a central angle of 92 degrees 07
minutes 09 seconds; thence South 89 degrees 44 minutes 47 seconds East, tangent to said last
described curve, a distance of 199.727 meters (655.27 feet) to said above-referenced "Point B"
and there terminating.
O:\PROJ\800110j\0068\110-1901.nov.doc
1 Easement Parcel No. 28
(Revised)
Said strip of land is to extend by its full width from the Westerly line of said first above-described
36.576 meters (120.00 feet) strip of land to said Westerly line of the first above-described
36.576 meters (120.00 feet) strip of land.
Also which lies within the following temporary easements for construction purposes.
A strip of land 65.000 meters (213.25 feet) in width over that part of said Southwest Quarter of
the Northwest Quarter, the Easterly line of which is contiguous with the Westerly line of said first
above-described perpetual easement, being a strip of land 36.576 meters (120.00 feet) in width.
Said strip of land is to extend by its full width from said South line of the Southwest Quarter of
the Northwest Quarter to said North line of the Southwest Quarter of the Northwest Quarter.
And also:
That part of said Southwest Quarter of the Northwest Quarter, which lies Easterly of said first
above-described perpetual easement, being a strip of land 36.576 meters (120.00 feet) in width.
And also:
A strip of land 6.000 meters (19.69 feet) in width over that part of said Southwest Quarter of the
Northwest Quarter, the Southerly, Southwesterly, Westerly, Northwesterly, and Northerly lines
of which are contiguous with the Northerly, Northeasterly, Easterly, Southeasterly, and
Southerly lines of said second above-described perpetual easement, being a strip of land
24.384 meters (80.00 feet) in width.
And also:
A strip of land 6.000 meters (19.69 feet) in width over that part of said Southwest Quarter of the
Northwest Quarter, the Northerly, Northeasterly, Easterly, Southeasterly, and Southerly lines of
which are contiguous with the Southerly, Southwesterly, Westerly, Northwesterly, and Northerly
lines of said second above-described perpetual easement, being a strip of land 24.384 meters
(80.00 feet) in width.
O:~ROJ\800110j\0068\110-1901 .nov.doc
2 Easement Parcel No. 28
(Revised)
DESCRIPTION Of PROPERTY TO BE PURCHASED
BY THE CITY OF ELK RIVER
FROM Fischer Sand & Aggregate, LLP
That part of the Southeast Quarter of the Northwest Quarter of Section 2, Township 32, Range
26, Sherburne County, Minnesota.
Which lies within a strip of land 36.576 meters (120.00 feet) in width, the centerline of which is
described as follows:
Commencing at the Northeast corner of the Northeast Quarter of the Southwest Quarter of said
Section 2; thence North 89 degrees 38 minutes 23 seconds West, an assumed bearing along
the North line of said Northeast Quarter of the Southwest Quarter, a distance of 387.067 meters
(1269.90 feet) to the actual point of beginning of said centerline to be hereinafter described;
thence Northwesterly and Northerly, a distance of 111.136 meters (364.62 feet), along a non-
tangential curve, concave to the Northeast, having a radius of 250.000 meters (820.21 feet), a
central angle of 25 degrees 28 minutes 14 seconds and a chord bearing of North 14 degrees 36
minutes 04 seconds West; thence North 01 degree 51 minutes 56 seconds West, tangent to
said last described curve, a distance of 291.825 meters (957.43 feet) to the North line of the
Southwest Quarter of said Northwest Quarter and there terminating.
Said strip of land is to extend by its full width from the South line of the South half of said
Northwest Quarter to the North line of said South half of the Northwest Quarter.
\\SPNWFS\VOL1~DATA\PROJ\800110j\0068\110-0305.dec.doc 1 Parcel No. 29
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT
The Southeast Quarter of the Northwest Quarter of Section 2, Township 32 North, Range 26
West, Sherburne County, Minnesota, EXCEPT that part thereof described as follows:
Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter;
thence on an assumed bearing of South 1 degree 17 minutes 13 seconds West, along the East
line thereof, a distance of 430.84 feet to the actual point of beginning of the land to be
described; thence North 88 degrees 42 minutes 47 seconds West a distance of 272.86 feet;
thence Southwesterly a distance of 67.79 feet along a nontangential curve concave to the
Northwest having a radius of 330.00 feet, a central angle of 11 degrees 46 minutes 12 seconds
and the chord of said curve bears South 58 degrees 17 minutes 28 seconds West; thence
Southwesterly and Southerly a distance of 406.12 feet along a reverse curve concave to the
Southeast having a radius of 370.00 feet, a central angle of 62 degrees 53 minutes 21 seconds
and the chord of said curve bears South 32 degrees 43 minutes 53 seconds West; thence
South 1 degree 17 minutes 13 seconds West, tangent to said curve, a distance of 152.65 feet;
thence Southerly, Southeasterly and Easterly a distance of 269.78 feet along a tangential curve
concave to the Northeast having a radius of 170.00 feet and a central angle of 90 degrees 55
minutes, 36 seconds, thence South 89 degrees 38 minutes 23 seconds East, tangent to said
curve, a distance of 111.57 feet; thence Easterly and Southeasterly a distance of 69.74 feet
along a tangential curve concave to the Southwest having a radius of 105.00 feet and a central
angle of 38 degrees 03 minutes 15 seconds; thence North 38 degrees, 24 minutes 52 seconds
East, not tangent to said curve, a distance of 218.84 feet; thence South 89 degrees 38 minutes
23 seconds East a distance of 49.54 feet to the east line of said Southeast Quarter of the
Northwest Quarter; thence North 1 degree 17 minutes 13 seconds East, along said East line, a
distance of 533.02 feet to the point of beginning.
Which lies within the following described temporary easement for construction purposes:
A strip of land 20.000 meters (65.62 feet) in width over that part of said Southeast Quarter of the
Northwest Quarter, the Westerly line of which is contiguous with a line drawn parallel with and
distant 18.288 meters (60.00 feet) Easterly of the following described line:
Commencing at the Northeast corner of the Northeast Quarter of the Southwest Quarter of said
Section 2; thence North 89 degrees 38 minutes 23 seconds West, an assumed bearing along
the North line of said Northeast Quarter of the Southwest Quarter, a distance of 387.067 meters
(1269.90 feet) to the actual point of beginning of said line to be hereinafter described; thence
Northwesterly and Northerly, a distance of 111.136 meters (364.62 feet), along a non-tangential
curve, concave to the Northeast, having a radius of 250.000 meters (820.21 feet), a central
angle of 25 degrees 28 minutes 14 seconds and a chord bearing of North 14 degrees 36
minutes 04 seconds West; thence North 01 degree 51 minutes 56 seconds West, tangent to
said last described curve, a distance of 291.825 meters (957.43 feet) to the North line of the
Southwest Quarter of said Northwest Quarter and there terminating.
Said strip of land is to extend by its full width from the South line of the South half of said
Northwest Quarter to the North line of said South half of the Northwest Quarter.
\\SPNWFS\VOL1\DATA~PROJ\800110j\0068\110'0305'dec'd°c 4 Parcel No. 29
DESCRIPTION OF PROPERTY TO BE PURCHASED
BY THE CITY OF ELK RIVER
FROM ROBERT D. BLACK AND SUSAN J. BLACK
That part of the Southeast Quarter of the Southwest Quarter (SE '~ of SW ~4) of Section 35,
Township 33, Range 26, Sherburne County, Minnesota, lying South of the old Hildreth Road
going between Elk River and Burns, (now known as County State Aid Road 12),
Which lies within a strip of land 36.576 meters (120.00 feet) in width, the centerline of which is
described as follows:
Commencing at the Northeast corner of the Northeast Quarter of the Southwest Quarter of
Section 2, Township 32, Range 26, Sherburne County, Minnesota; thence North 89 degrees 38
minutes 23 seconds West, an assumed bearing along the North line of said Northeast Quarter
of the Southwest Quarter, a distance of 387.067 meters (1269.90 feet) to the actual point of
beginning of said centerline to be hereinafter described; thence Northwesterly and Northerly, a
distance of 111.136 meters (364.62 feet), along a non-tangential curve, concave to the
Northeast, having a radius of 250.000 meters (820.21 feet), a central angle of 25 degrees 28
minutes 14 seconds and a chord bearing of North 14 degrees 36 minutes 04 seconds West;
thence North 01 degree 51 minutes 56 seconds West, tangent to said last described curve, a
distance of 621.906 meters (2040.37 feet); thence Northerly and Northeasterly, a distance of
110.832 meters (363.62 feet), along a tangential curve concave to the Southeast having a
radius of 182.880 meters (600.00 feet) and a central angle of 34 degrees 43 minutes 25
seconds; thence North 32 degrees 51 minutes 28 seconds East, tangent to said last described
curve, a distance of 56.000 meters (183.73 feet) and there terminating.
Said strip of land is to extend by its full width from the South line of said Southwest Quarter of
Section 35 to the Southwesterly right-of-way line of said County State Aid Highway No. 12.
PARCEL 35
O:/PROJ/800110J/Easements/110-2507.nov
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT
Temporary easement for construction purposes over, under, and across that part of the
following described properties:
That part of the Southeast Quarter of the Southwest Quarter (SE N of SW N) of Section 35,
Township 33, Range 26, Sherburne County, Minnesota, lying South of the old Hildreth Road
going between Elk River and Burns (now known as County State Aid Road 12).
Which lies within the following described temporary easement for construction purposes:
A strip of land 13.000 meters (42.65 feet) in width, over that part of said Southeast Quarter of
the Southwest Quarter of Section 35, the Northwesterly line of which is drawn parallel with and
distant 18.288 meters (60.00 feet) Southeasterly of the following described line:
Commencing at the Northeast corner of the Northeast Quarter of the Southwest Quarter of
Section 2, Township 32, Range 26, Sherburne County, Minnesota; thence North 89 degrees 38
minutes 23 seconds West, an assumed bearing along the North line of said Northeast Quarter
of the Southwest Quarter, a distance of 387.067 meters (1269.90 feet) to the actual point of
beginning of said centerline to be hereinafter described; thence Northwesterly and Northerly, a
distance of 111.136 meters (364.62 feet), along a non-tangential curve, concave to the
Northeast, having a radius of 250.000 meters (820.21 feet), a central angle of 25 degrees 28
minutes 14 seconds and a chord bearing of North 14 degrees 36 minutes 04 seconds West;
thence North 01 degree 51 minutes 56 seconds West, tangent to said last described curve, a
distance of 621.906 meters (2040.37 feet); thence Northerly and Northeasterly, a distance of
110.832 meters (363.62 feet), along a tangential curve concave to the Southeast having a
radius of 182.880 meters (600.00 feet) and a central angle of 34 degrees 43 minutes 25
seconds; thence North 32 degrees 51 minutes 28 seconds East, tangent to said last described
curve, a distance of 56.000 meters (183.73 feet) and thers terminating.
Said strip of land is to extend by its full width from the South line of said Southwest Quarter of
Section 35 to the Southwesterly right-of-way line of said County State Aid Highway No. 12.
\\SPNVVFS\VOL1~DATA~PROJ~800110j\0068\110.0208.dec.doc 4 Parcel No. 35
DESCRIPTION OF PROPERTY TO BE PURCHASED
BY THE CITY OF ELK RIVER
FROM CONTRACTOR PROPERTY DEVELOPERS
That part of the Southwest Quarter of Section Thirty-five (35), Township Thirty-three (33),
Range Twenty-six (26), Sherburne County, Minnesota.
Which lies within a strip of land 36.576 meters (120.00 feet) in width, the centerline of which is
described as follows:
Commencing at the Southwest corner of said Southwest Quarter of Section 35; thence South 89
degrees 51 minutes 13 seconds East, on an assumed bearing along the South line of said
Southwest Quarter, a distance of 352.122 meters (1155.26 feet); thence North 32 degrees 51
minutes 28 seconds East, a distance of 99.401 meters (326.12 feet) to the actual point of
beginning of said line to be hereinafter described; thence continuing North 32 degrees 51
minutes 28 seconds East, a distance of 44.598 meters (146.32 feet); thence Northeasterly,
Northerly, and Northwesterly, a distance of 219.001 meters (718.51 feet) along a tangential
curve concave to the West, having a radius of 182.880 meters (600.00 feet) and a central angle
of 68 degrees 36 minutes 44 seconds; thence North 35 degrees 45 minutes 16 seconds West,
tangent to said last described curve, a distance of 167.284 meters (548.83 feet) and there
terminating.
Said strip of land is to extend by its full width from the Northeasterly right-of-way line of County
State Aid Highway No. 12 to the West line of the East 10 rods of the West Half of said
Southwest Quarter.
PARCEL 42
O:/PROJ/800110J/Easements/110-2508.dec
GEORGE E. AND CAROL A. DESCHENES
The North 165 feet of the West 70 rods of the Northwest ~A of the Southwest ~,~ of
Section 35, Township 33, Range 26.
Parcel No. 33
BeckP 580270.1
GEORGE E. AND CAROL A. DESCHENES
That part of the Southwest ¼ of the Northwest ¼ of Section 35, Township 33, Range 26, lying
southerly of the center line of the public highway across said tract known as County State Aid
HighwayNo. 13. AND
The Southwest Quarter of the Northwest Quarter (SW ¼ ofNW ¼) of Section Thirty-five (35),
Township Thirty-three (33), Range Twenty-six (26), Sherburne County, Minnesota described as
follows: Commencing at the intersection of the West line of said Section 35 and the extension
Southwesterly of the tangent to the center line of County State Aid Highway No. 13, which point is
58.33 feet South of the Southwest corner of said Southwest Quarter of the Northwest Quarter;
thence N54°0ffE along said extension and center line 646.48 feet to the actual point of beginning of
the land to be described; thence continue N54°09'E along said center line 400.00 feet; thence
S35°51'E a distance of 183 feet; thence N54°09'E a distance of 480.00 feet; thence S35°51'E a
distance of 242.36 feet; thence S64°28'W a distance of 894.43 feet; thence N35°5 I'W a distance of
265.17 feet to the point of beginning, subject to a road easement over the Northwesterly 33 feet taken
for County State Aid Road No. 13. Containing 4.96 acres more or less, according to the U.S.
Government Survey thereof. For the purpose of this description the West line of said Section 35 is
assumed to bear North and South.
Subject to easement for electric transmission lien and gas pipe line, as shown of record.
Parcel No. 34
BeckP580270.1
PAUL A. AND CARON EBNER
That part of SW ¼ of SW ¼ described follows:
Beginning at the Southeast comer of SW ¼ of SW ¼, thence northeasterly to a point
on the centefline of road that is 1.88 CH northwesterly when measured along the
centerline of said road from the East line of said SW ¼ of SW ¼, thence southeasterly
along the centerline of said road 1.88 CH to the East line of said SW ¼ of SW iA,
thence South along said East line to point of beginning. Section 35, Township 33,
Range 26.
Parcel No. 36
BeckP 580270.1