RES 19-26City of
Elk ,t
River
City of Elk River
City Council
Resolution 19-11
A Resolution of the City Council of the City of Elk River Approving a Land
Exchange Agreement with Independent School District No. 728
WHEREAS, the City of Elk River ("City") desires to acquire approximately 74,481 square
feet of real property owned by Independent School District No. 728 ("District") in exchange
for City for approximated 31,381 square feet for District parking lot improvements pursuant
to the terms and legal descriptions provided in the attached Land Exchange Agreement,
attached hereto as Exhibit A C Agreement");
WHEREAS, pursuant to the terms of the Agreement, the City will compensate the
District for the difference between the square footage of the land to be conveyed by the City
and the land to be conveyed by the District as follows:
i. Payment for removal of the stormwater pond located on District property
identified as PID 75-124-2308 which the District will remove as part of the District
parking improvement, reestablishment of the stormwater pond on city property, and
payment of future District costs for construction of parking improvements within
the square footage of the storinwater pond to be removed;
ii. Payment of costs for removal of an existing softball field on District property
and re-establishment of a Minnesota High School League regulation field, together
with other amenities, in Lion John Weicht Park pursuant to the City plans and
specification prepared by 292 Design Group, dated May 28, 2019, to be available for
District use pursuant to the Joint Powers Agreement attached to the Agreement.
WHEREAS, the Planning Commission has reviewed the proposed land exchange and has
determined that it is consistent with the City's comprehensive plan;
WHEREAS, the City finds that the sale of the City property and acquisition of the District
Property as provided in the Agreement is in the public's interest and furthers the aims and
purposes of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows: The land exchange under the terms provided in the
Agreement is hereby approved and the Mayor and City Clerk are hereby authorized to
execute and deliver all necessary documents required under the terms of the Agreement.
UPassed and adopted this 1" day of July, 2019.
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ATTEST:
Tina Allard, City Clerk
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Exhibit A
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LAND EXCHANGE AGREEMENT
THIS PURCHASE AGREEMENT (the "Agreement") is made this day of
, 2019 by and between the CITY OF ELK RIVER, a Minnesota municipal
corporation ("City") and INDEPENDENT SCHOOL DISTRICT NO. 728, a Minnesota political
subdivision ("District").
RECITALS
A. City is the fee owner of certain real property, situated in Sherburne County,
Minnesota and described on "Exhibit A" hereto ("City Property").
B. The District is the fee owner of certain real property, situated in Sherburne
County, Minnesota and described on "Exhibit B" hereto ("District Property").
C. Whereas the City desires to acquire a portion of the District Property legally
described in "Exhibit C" attached hereto ("District Exchange Parcel") for expansion of the
City's ice arena;
D. The District agrees to convey the District Exchange Parcel to the City in exchange
for a portion of the City Property legally described in "Exhibit D" attached hereto ("City
Exchange Parcel") for reconstruction of the District's parking areas.
The City Land and District Land are collectively referred to hereunder as "Properties."
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. SALE AND PURCHASE OF REAL PROPERTY. In consideration of the
agreements herein contained, the City agrees that it will convey the City Exchange Parcel to the
District (consisting of approximately 31,318 square feet). Concurrently, the District agrees that it
will convey to City the District Exchange Parcel (consisting of approximately 75,481 square feet)
2. CITY PAYMENT. The City will compensate the District for the difference
between the square footage of the land to be conveyed by the City and the land to be conveyed to
the District as follows:
A. Reimbursement to District of all future District costs for construction of parking
improvements related to the stormwater pond infill pursuant to Paragraph 14B of this
Agreement, including, but not limited to the costs of piping, filling of the stormwater pond, class
5 aggregate, paving, and curbing as part of the District parking improvements to be completed in
2020, pending unforeseen circumstances.
B. Payment of all costs associated with removal of the existing softball field located
IJ on PID #75-133-1102 and all costs associated with the establishment of two Minnesota High
1
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School League regulation fields (a varsity field and a junior varsity field) in Lion John Weicht
Park in 2019, pursuant to plans and specifications. The two fields will be prepared by 292 Design
Group, dated May 28, 2019 to be available for District use no later than March, 2021, pending
unforeseen circumstances. The parties will, simultaneously with the execution of this
Agreement, enter the Joint Powers Agreement attached hereto as Exhibit F, which establishes
terms for ongoing maintenance, repair and replacement of the softball fields, as well as other
facilities located in Lion John Weicht Park.
3. DEED/MARKETABLE TITLE. Upon performance by the parties of the terms
of this Agreement, each party shall execute and deliver a Limited Warranty Deed, conveying
good and marketable title of record, to the other party for the respective property to be conveyed,
subject to the following Permitted Encumbrances:
A. Reservations of minerals or mineral rights by the State of Minnesota, if any;
B. Building and zoning laws, ordinances, state and federal regulations;
C. The lien of real property taxes and the lien of special assessments and interest due
thereon, if any, payable in the year of closing which by the terms of this
Agreement are to be paid or assumed by the acquiring party; and
D. Any encumbrances shown on the title commitment to which acquiring property
has not objected to under Paragraph 5 of this Agreement ("Permitted
Encumbrances").
4. ENVIRONMENTAL ASSESSMENT. As soon as possible after the execution
hereof, the City and District shall have the right, if they desire, at their own expense to inspect
the respective properties of the other party being exchanged for the purpose of determining
whether or not there are any environmental conditions that affect the City Exchange Parcel or the
District Exchange Parcel. If the environmental inspection reveals any environmental conditions
that are unsatisfactory to the respective party, said party may elect either of the following
options:
(a) Terminate this Agreement as provided by statute; or
(b) Proceed with the terms of this Agreement by waiving the contingency relating to
the environmental condition.
5. PHYSICAL INSPECTION. The City and District shall each have the right
from time to time prior to the Closing, to enter upon the respective property being acquired, to
examine the same and the condition thereof and to conduct such surveys and to make such
engineering and other inspections, tests and studies as they determine to be reasonably necessary
for their use of the property. All physical inspections shall be at the sole cost and expense of the
party making the same. The parties will conduct all examinations and surveys of the respective
properties in a manner that will not harm or damage the respective properties so that it cannot be
restored to its prior condition or cause any claim adverse to either party, and will restore the
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it respective properties to the condition they were in prior to any such examination, immediately
after conducting said examination. Subject to the limitation of liability under Minnesota Statutes
ch.466, the City and District shall indemnify, defend, and hold harmless each other from any and
all claims for injury or death to persons, damage to property or other losses or damages or
claims, including, in each instance, reasonable attorney's fees and litigation costs, arising out of
the action of any person or firm entering upon the respective properties, which indemnity will
survey the Closing and the termination of this Agreement without the Closing having occurred.
6. TITLE EXAMINATION. Title Examination will be conducted as follows:
(a) Title Evidence. The City and District as soon as possible after the date of this
Agreement, furnish the following (collectively, "Title Evidence") to the other
party for the property being transferred by them under this Agreement:
(i) Title Commitment. A Commitment for Title Insurance issued by First
American Title Insurance Company ("Title Company") for the respective
properties including proper searches covering bankruptcies and state and
federal judgments, federal court judgment liens in favor of the U.S., liens,
and levied and pending special assessments.
(b) Title Objections. The City and District shall have 10 business days after receipt
of the Title Commitment from the other party to provide the other party with
written objections to the commitment. The City and the District shall be deemed
to have waived any title objections not made within the 10-day period above,
except that this shall not operate as a waiver of either party's covenant to deliver a
Deed under this Agreement.
(c) Title Corrections and Title Remedies. The City and the District shall have 60
days from receipt of written title objections by the other party to make title
marketable for their respective property. Upon receipt of title objections, each
party shall, within ten (10) business days, to notify the other of their intention to
make title marketable within the 60-day period. Liens or encumbrances for
liquidated amounts that can be released by payment or escrow from proceeds of
closing shall not delay the closing. Cure of the defects by either party shall be
reasonable, diligent and prompt. Pending correction of title, all payments
required herein and the Closing shall be postponed.
(d) If notice is given and either party makes title marketable, then upon presentation
to the other party of documentation establishing that title has been made
marketable, and if not objected to in the same time and manner as the original title
objections, the closing shall take place within ten (10) business days or on the
scheduled Closing Date, whichever is later.
(e) If notice is given and either party proceeds in good faith to make title marketable
but the 60 day period expires without title being made marketable, the other party
2019700
may declare this Agreement void by notice, neither party shall be liable for
damages hereunder to the other.
(f) If either party does not give notice of intention to make title marketable, or if
notice is given but the 60 day period expires without title being made marketable
due to the other party's failure to proceed in good faith, the exclusive remedy is
rescission of this Agreement by notice as provided herein.
(g) If title is marketable, or is made marketable as provided herein, and either party
defaults in any of the agreements herein, the other parry's exclusive remedy is to
cancel this Agreement as provided by statute.
7. CLOSING. The closing of these transactions will be simultaneous and shall
occur on a date mutually agreed to by the parties but not later than July 5, 2019. Each transaction
is contingent upon the successful closing of the other transaction. The Closing will take place at
the office of the Title Company, or at such other place as may be agreed to by the parties and
may be completed through escrow of closing documents and funds with the Title Company.
Each party will deliver possession of the respective properties to the other on the Date of the
Closing.
8. CITY CLOSING DOCUMENTS. On the Date of the Closing, City will execute
and/or deliver to the District, or their successors and assigns, the following (collectively, "City's
Closing Documents"), all in form and content reasonably satisfactory to the District:
(a) Deed. A limited warranty deed conveying the City Exchange Parcel to the
District, free and clear of all encumbrances, except the Permitted Encumbrances
as hereinafter defined, and stating there are no wells on the City Exchange Parcel.
(b) Title Commitment. A Title Commitment initialed by the Title Company
obligating the Title Company to issue the Title Policy to the District, in the form
required by this Agreement.
(c) Seller's Affidavit. A Minnesota Uniform Conveyancing Blank Form No. 117-M
Affidavit of Seller.
(d) Non -Foreign Certificate. A non -foreign certificate, properly executed, containing
such information as is required by Internal Revenue Code Section 1445(b)(2) and
its regulations.
(e) IRS Form. A Designation Agreement designating the Title Company as the
"reporting person" for purposes of completing Internal Revenue Form 1099 and,
if applicable, Internal Revenue Form 8594.
(f) Other Documents. All other documents reasonably determined by the District or
the Title Company to be necessary to transfer the City Exchange Parcel to the
District.
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9. DISTRICT'S CLOSING DOCUMENTS. On the Date of Closing, the District
will execute and/or deliver to City the following (collectively, "District's Closing Documents"),
all in form and content reasonably satisfactory to City:
(a) Deed. A limited warranty deed conveying the District Exchange Parcel to the
City, free of all encumbrances except the Permitted Encumbrances as hereinafter
defined, and stating there are no wells on the District Exchange Parcel.
(b) Title Commitment. A Title Commitment initialed by the Title Company
obligating the Title Company to issue the Title Policy to the City, in the form
required by this Agreement.
(c) Seller's Affidavit. A Minnesota Uniform Conveyancing Blank Form No. 117-M
Affidavit of Seller.
(d) Non -Foreign Certificate. A non -foreign certificate, properly executed, containing
such information as is required by Internal Revenue Code Section 1445(b)(2) and
its regulations.
(e) IRS Form. A Designation Agreement designating the Title Company as the
"reporting person" for purposes of completing Internal Revenue Form 1099 and,
if applicable, Internal Revenue Form 8594.
(f) Title Documents. Such affidavits of the District, certificates of real estate value
or other documents as may be reasonably required by Title Company (as
hereinafter defined) in order to record the Deed and issue the Title Policy required
by this Agreement.
(g) Other Documents. All other documents reasonably determined by City and or the
Title Company to be necessary to transfer the District Exchange Parcel to the City
free and clear of all encumbrances.
10. PRORATIONS. The City and the District agree to the following prorations and
allocations of costs regarding this Agreement:
(a) Title Insurance and Closing Fee. The City and the District will each pay all costs
of the Title Commitment and Title Insurance premium for a Title Policy for the
respective properties they are purchasing and any additional premiums required
for the issuance of any title policy that they may desire to obtain. The parties will
each pay %Z of any reasonable and customary closing fee, escrow fee or charge
imposed by the Title Company. Each party will pay the Title Company all fees
due the Title Company for drafting any closing documents.
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(b) Deed Tax. The City and the District will each pay all state deed tax, and the
agricultural preservation deed tax, if any, for recording their respective Deed to be
delivered under this Agreement.
(c) Recording. The City and the District will pay the cost of recording all
documents necessary to place record title in the condition warranted by the City
and the District in this Agreement. Each party will pay the cost of recording their
respective Deed and all other documents as hereinafter defined._
(d) Real Estate Taxes and Special Assessments.
(i) Prior Years' Delinquent Real Estate Taxes and Delinquent Special
Assessments. Delinquent real estate taxes payable in years prior to the
year of Closing and delinquent installments of special assessments
certified for collection with real estate taxes payable in years prior to the
year of Closing, together with penalty, interest and costs, shall be paid by
the respective party for their property being transfer under this Agreement
not later than the Date of Closing.
(ii) Real Estate Taxes Payable in the Year of Closing. Real estate taxes for
the properties payable in the year of Closing shall be prorated between the
City and the District on a calendar year basis to the Date of Closing for
their respective properties being transferred. Each party shall pay penalty,
interest and costs on any delinquent installment of taxes and special
assessments payable in the year of Closing for their respective properties
being transferred.
(iii) Deferred Real Estate Taxes. Each party shall pay on Date of Closing or
provide for payment of any deferred real estate taxes payment of which is
required as a result of the Closing and the recording of the respective
Warranty Deeds. Provision for payment shall be by payment into escrow
of 1.5 times the estimated payoff amount of the deferred taxes.
(iv) Certified Special Assessments. All installments of special assessments
certified for payment with the real estate taxes payable in the year of
Closing shall be prorated by the City and the District for the property
being transferred at Closing.
(vi) Pending Special Assessments. The City and the District shall provide for
payment of special assessments pending as of the date of this Agreement
for improvements that have been ordered by the City or other
governmental authorities for their respective property being transferred
except as provided herein.
(vii) Deferred Special Assessments. The City and the District shall pay on the
Date of Closing or provide for payment of any deferred special
2o197M
assessments on their respective property being transferred, payment of
which is required as a result of the Closing of this Agreement and the
recording of the respective Deed.
(viii) All Other Levied S )ecial Assessments. The City and the District shall pay
on the Date of Closing all other special assessments levied on their
respective property being transferred, as of the date of this Agreement
subject to the terms of this Agreement.
(ix) Taxes and Special Assessments in the Years Following Closing. Each
party shall pay real estate taxes payable in the years following Closing and
thereafter and special assessments payable therewith, the payment of
which is not otherwise provided herein.
(e) Attorneys' Fees. Each of the parties will pay its own attorneys' fees.
11. CONDITION OF PROPERTY AND IMPROVEMENTS. Other than the
warranties and representations made in this Agreement, the properties to be conveyed under this
Agreement are being sold "AS IS" and "WHERE IS" with no express or implied representations
or warranties by either party as to physical conditions, quality of construction, workmanship, or
fitness for any particular purpose.
12. REPRESENTATIONS AND WARRANTIES. As of the date of this
Agreement, the City and the District represent and warrant respectively as follows:
(a) No Breach. The consummation of the transactions contemplated by this
Agreement will not constitute a default or result in the breach of any term or
provision of any contract or agreement to which the City and the District is a
party so as to adversely affect the consummation of such transactions.
(b) Authorily. The execution, delivery and performance of this Agreement by the
City and District been authorized and approved by the City and the District, and
the persons executing this Agreement on behalf of each party have full authority
to bind the respective party to the terms hereof.
(c) No Actions. There is no action, suit, legal proceeding, investigation,
condemnation or other proceeding pending or threatened against the City or the
District which may adversely affect the consummation of the transactions
contemplated by this Agreement or affecting any portion of the party's land to be
conveyed, in any court, before any arbitrator of any kind or before or by an
governmental body.
(d) Title to Land and Improvements. Each party hereunder owns the land to be
conveyed free and clear of all encumbrances, except for Permitted Encumbrances.
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(e) Defaults. To the best knowledge of each party, the party is not in default
concerning any of its obligations or liabilities regarding the land to be conveyed
by the party.
(f) Non -Foreign Status. The parties hereunder are not a "foreign person," "foreign
partnership," "foreign trust" or foreign estate" as those terms are defined in
Section 1445 of the Internal Revenue Code of 1986, as amended and the
regulations promulgated_thereto._
(g) Wells. The parties hereunder do not know of any "Wells" on the parcels to be
conveyed by the party hereunder within the meaning of Minn. Stat. § 103I. This
representation is intended to satisfy the requirements of that statute.
(h) Storage Tanks. To the best knowledge of the City and District, no "above ground
storage tanks" within the meaning of Minn. Stat. § 116.46 is located in or about
the parcels to be conveyed by the respective party.
(i) Individual Sewa a Treatment Systems. Solely for purposes of satisfying the
requirements of Minn. Stat. § 115.55, there is no "individual sewage treatment
system" within the meaning of that statute on or serving the land to be conveyed
by the party hereunder.
(j) Miscellaneous. It is a condition of Closing that the representations and warranties
contained in this Section 11 are true and correct at Closing.
13. CONDITONS PRECEDENT TO CLOSING. The obligations of the City and
the District to proceed to Closing under this Agreement are subject to the following conditions
precedent:
(a) The City and the District will have performed and satisfied each and all of their
respective obligations under this Agreement;
(b) Each party's representations and warranties set forth in this Agreement will be
true and correct on the Closing Date;
(c) Each party will deliver to the other the respective Deed, and other necessary
documents in a condition that enables the Title Company to deliver a Title Policy
in accordance with this Agreement;
(d) Each party has received or will pursue, all necessary approvals for subdivision of
the property to be conveyed under this Agreement from any larger parcel the
party owns;
(e) Each party has submitted or will submit to the County a request to combine the
parcels remaining from the subdivision that the party will continue to own with an
adjoining parcel owned by the party;
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u
(g) The City and the District entering into the First Amendment to Reciprocal
Easement Agreement attached hereto as Exhibit E, and the Joint Powers
Agreement attached hereto as Exhibit F;
(i) All contingencies set forth in this Agreement are satisfied.
In the event any of the foregoing conditions are not satisfied on the Closing Date, neither
the City nor the District will have an obligation to proceed to Closing and, unless the respective
party delivers written notice to the other parties that they have waived any unsatisfied condition
and will proceed to Closing, this Agreement, upon notice from either party to the other, will
cease and terminate.
14. ADDITIONAL TERMS AND CONDITIONS. The City and the District agree
that this Agreement is further contingent upon the following terms and conditions:
(a) The City will, at the City's cost, establish a stormwater pond on city property
identified as PID 75-134-2308 as a replacement of the stormwater pond located on
the a portion of the District Property identified as PID 75-124-2308, which the
District will remove as part of the District parking improvements and have costs
reimbursed in accordance with Paragraph 2a of this Agreement. The pond will be
constructed per plans and specifications approved in writing by the District and will
be done to provide capacity that meets State and Local requirements to replace the
current treatment capacity of the basin and associated increase of impervious surface
due in direct result of its removal. The City will be responsible for the management
and maintenance of the new stormwater pond as part of the City's stormwater utility
system.
(b) The City will, at the City's cost on City property, establish two temporary
replacement softball fields of District choosing, for the Districts use, consistent with
the intended uses detailed in the JPA, attached as Exhibit F, from the date of this
agreement until the permanent fields at Lion John Weicht Park are constructed and
ready for use.
15. SURVIVAL. All of the terms and provisions of this Agreement, and the
covenants, obligations, agreements, representations and warranties contained herein, shall
survive and be enforceable after Closing.
16. NOTICES. Any notice required or permitted hereunder will be given if delivered
by personal delivery upon an authorized representative of a party hereto; or if mailed by United
States registered or certified mail, upon receipt requested, postage prepaid; or if transmitted by
facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized
overnight courier, properly addressed as follows:
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If to City: City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Attn: City Administrator
With Copy to: Andrea McDowell Poehler, Esq.
Campbell Knutson, PA
Grand _Oaks Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Email: a oehler ck-law.com
If to District: Independent School District No. 728
11500 193`a Ave. N.W.
Elk River, MN 55330
Attn: Superintendent
With a Copy to: Jay Squires, Esq.
Rupp, Anderson, Squires, and Waldspurger
333 South 7' ST., Suite 2800
Minneapolis, MN 55402
Email: jay.squires@raswlaw.com
Notices will be deemed effective on the earlier of the date of receipt or the date of
deposit, as aforesaid; provided, however, that if notice is given by deposit, the time for response
to any notice by the other party will start running one business day after any such deposit. Any
party may change its address for the service of notice by giving notice of such change ten days
before the effective date of such change.
17. MISCELLANEOUS.
(a) Captions. The paragraph headings or captions appearing in this Agreement are
for convenience only, are not a part of this Agreement and are not to be
considered in interpreting this Agreement.
(b) Entire Agreement,• Modification. This written Agreement constitutes the
complete agreement between the parties and supersedes any prior oral or written
agreements between the parties regarding the City Exchange Parcel and District
Exchange Parcel. There are no verbal agreements that change this Agreement and
no waiver of any of its terms will be effective unless in a writing executed by the
parties.
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(c) Controlling Law. This Agreement has been made under the laws of the State of
Minnesota, and such laws will control its interpretation.
(d) No Waiver. Neither the failure of either party to exercise any power given such
party hereunder or to insist upon strict compliance by the other party with its
obligations hereunder, nor any custom or practices of the parties at variance with
the terms hereof constitutes a waiver of either parry's right to demand exact
compliance with the terms hereof.
(e) Amendments. No amendment to this Agreement will be binding on either of the
parties hereto unless such amendment is in writing and is executed by the party
against whom enforcement of such amendment is sought.
(f) Date for Performance. If the time period by which any right, option or election
provided under this Agreement must be exercised, or by which any act required
hereunder must be performed, or by which the Closing must be held, expires on a
Saturday, Sunday or legal or bank holiday, then such time period will be
automatically extended through the close of business on the next regularly
scheduled business day.
(g) Recordin . Neither party will record this Agreement or a short -form of this
Agreement without the consent of the other party.
(h) Counterparts. This Agreement may be executed in counterparts, in which case all
such counterparts will constitute one and the same agreement; however, this
Agreement shall not become binding upon any party unless and until executed
(whether or not in counterpart) by all the parties. Telecopy or facsimile signatures
by the parties will be regarded as valid and binding signatures of the parties.
(i) Time of the Essence. Time is of the essence of this Agreement and every term
and condition hereof.
(j) Severabilit . This Agreement is intended to be performed in accordance with,
and only to the extent permitted by, all applicable laws, ordinances, rules and
regulations, and is intended, and will for all purposes be deemed to be, a single,
integrated document setting forth all of the agreements and understandings of the
parties hereto, and superseding all prior negotiations, understandings and
agreements of such parties. If any term or provision of this Agreement or the
application thereof to any person or circumstance is, for any reason and to any
extent, held to be invalid or unenforceable, then such term or provision will be
ignored, and to the maximum extent possible, this Agreement will continue in full
force and effect, but without giving effect to such term or provision.
CITY OF ELK RIVER
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And:
John J. Dietz, Mayor
Tina Allard, City Clerk
INDEPENDENT SCHOOL DISTRICT NO.728
LIM
And:
Its School Board Chair
Its School Board Clerk
20197ov8 12
EXHIBIT "A"
Legal Description of City Property
The North 289 feet of the West 383 feet, as measured along the west and north lines respectively,
of the Northwest Quarter of the Northwest Quarter of Section 34, Township 33, Range 26,
Sherburne County, Minnesota, westerly of a line described as commencing at the northwest
corner of said Section 34; thence North 89 degrees 23 minutes 09 seconds East, assumed
bearing, along said north line of the Northwest Quarter of the Northwest Quarter of Section 34 a
distance of 242.57 feet to the point of beginning of the line to be described; thence South 00
degrees 02 minutes 29 seconds West, parallel with said west line of the Northwest Quarter of the
Northwest Quarter of Section 34 a distance of 289.00 feet to the south line of said North 289
feet, as measured along the west line, and parallel with the north line of said Northwest Quarter
of Section 34 and said line there terminating.
AND
That part of the Northwest Quarter of the Northwest Quarter of Section 34, Township 33, Range
26, Sherburne County, Minnesota, described as commencing at the northwest corner of said
Section 34; thence South 00 degrees 02 minutes 29 seconds West, assumed bearing, along the
west line of said Northwest Quarter of the Northwest Quarter 289.00 feet to the point of
beginning of the land to be described; thence North 89 degrees 23 minutes 09 seconds East,
parallel with the north line of said Northwest Quarter of the Northwest Quarter 180.00 feet;
thence South 00 degrees 02 minutes 29 seconds West, parallel with said west line of the
Northwest Quarter of the Northwest Quarter 230.00 feet; thence South 89 degrees 23 minutes 09
seconds West, parallel with said north line of the Northwest Quarter of the Northwest Quarter
180.00 feet to said west line of the Northwest Quarter of the Northwest Quarter; thence North 00
degrees 02 minutes 29 seconds East along said west line of the Northwest Quarter of the
Northwest Quarter 230.00 feet to the point of beginning.
AND
The North 289 feet of the East 88 feet, as measured along the East and North lines respectively,
of the Northeast Quarter of the Northeast Quarter of Section 33, Township 33, Range 26,
Sherburne County, Minnesota, EXCEPTING therefrom the following described parcel:
That part thereof lying southwesterly of the line connecting the Southeast corner of said North
289 feet of the East 88 feet with the Southwest corner of the North 222 feet of said East 88 feet
of the Northeast Quarter of the Northeast Quarter.
2o1970A 13
EXHIBIT "B"
Legal Description of District Property
Parcel 1:
The Northwest Quarter of the Northwest Quarter lying north of School Street, in Section 34,
T_ownship 33,_Range 26, Sherburne Co unty,_Minnesota.
Except the North 289 feet of the West 383 feet, as measured along the West and North lines
respectively, of said Northwest Quarter of the Northwest Quarter of Section 34.
Also except that part of said Northwest Quarter of the Northwest Quarter of Section 34,
described as commencing at the northwest corner of said Northwest Quarter of the Northwest
Quarter; thence South 00 degrees 02 minutes 29 seconds West, assumed bearing, along said west
line of the Northwest Quarter of the Northwest Quarter 289.00 feet to the point of beginning of
the exception to be described; thence North 89 degrees 23 minutes 09 seconds East, parallel with
said north line of the Northwest Quarter of the Northwest Quarter 180.00 feet; thence South 00
degrees 02 minutes 29 seconds West, parallel with said west line of the Northwest Quarter of the
Northwest Quarter 230.00 feet; thence South 89 degrees 23 minutes 09 seconds West, parallel
with said north line of the Northwest Quarter of the Northwest Quarter 180.00 feet to said west
line of the Northwest Quarter of the Northwest Quarter; thence North 00 degrees 02 minutes 29
seconds East along said west line of the Northwest Quarter of the Northwest Quarter 230.00 feet
to the point of beginning.
AND
The North 289 feet of the West 383 feet, as measured along the west and north lines respectively,
of the Northwest Quarter of the Northwest Quarter of Section 34, Township 33, Range 26,
Sherburne County, Minnesota, lying easterly of a line described as commencing at the northwest
corner of said Section 34; thence North 89 degrees 23 minutes 09 seconds East, assumed
bearing, along said north line of the Northwest Quarter of the Northwest Quarter 242.57 feet to
the point of beginning of the line to be described; thence South 00 degrees 02 minutes 29
seconds West, parallel with said west line of the Northwest Quarter of the Northwest Quarter
289.00 feet to the south line of said North 289 feet, as measured along the west line and parallel
with the north line of said Northwest Quarter of Section 34 and said line there terminating.
Parcel 2:
The Northeast Quarter of the Northeast Quarter (NE1/4 of NE1/4) except the South Four
Hundred Thirty-three (433) feet thereof; Section Thirty-three (33), Township Thirty-three (33),
Range Twenty- six (26), Sherburne County, Minnesota.
EXCEPT The North 289 feet of the East 88 feet, as measured along the East and North lines
respectively, of the Northeast Quarter of the Northeast Quarter of Section 33, Township 33,
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Range 26, Sherburne County, Minnesota, EXCEPTING therefrom the following described
parcel:
That part thereof lying southwesterly of the line connecting the Southeast corner of said
North 289 feet of the East 88 feet with the Southwest corner of the North 222 feet of said
East 88 feet of the Northeast Quarter of the Northeast Quarter.
Parcel 3:
The South Four Hundred Thirty-three (433) feet of the Southeast Quarter of the Southeast
Quarter (SE1/4 of SE1/4), of Section Twenty-eight (28) Township Thirty-three (33), Range
Twenty-six (26), Sherburne County, Minnesota.
/wm
That part of the Southeast Quarter of the Southeast Quarter (SE1/4 of SE1/4) of Section Twenty-
eight (28), Township Thirty-three (33), Range Twenty-six (26) lying southerly of the following
described line:
Beginning at a point on the East line of said SE1/4 of the SE1/4 a distance of 1102.14
feet North of the Southeast corner thereof; thence Westerly to a point on the West line of
said SE1/4 of the SE1/4 a distance of 1095.99 feet North of the Southwest corner thereof,
and there terminating. Excepting therefrom the South 433 feet of the above described
property as measured at right angles to the South line of said SE 1/4 of the SE1/4,
Sherburne County, Minnesota.
I:MI
That part of the Southeast Quarter of the Southeast Quarter, Section 28, Township 33, Range 26,
Sherburne County, Minnesota lying Northerly of a line described as beginning at a point on the
East line of said Southeast Quarter of the Southeast Quarter a distance of 1102.14 feet North of
the Southeast corner thereof; thence Westerly to terminate at a point on the West line of said
Southeast Quarter of the Southeast Quarter a distance of 1095.99 feet North of the Southwest
corner thereof.
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EXHIBIT "C"
Legal Description of District Exchange Parcel
That part of the Northwest Quarter of the Northwest Quarter of Section 34, Township 33, Range
26, Sherburne County, Minnesota, described as commencing at the northwest corner of said
Section 34; thence North 89 degrees 23 minutes 09 seconds East, assumed bearing, along the
north line of said Northwest_ Quarter of the Northwest Quarter of Section 34, a distance of 242.57
feet; thence South 00 degrees 02 minutes 29 seconds West, parallel with the west line of said
Northwest Quarter of the Northwest Quarter of Section 34, a distance of 289.00 feet to the south
line of the north 289 feet of said Northwest Quarter of the Northwest Quarter of Section 34, as
measured along said west line the said Northwest Quarter of the Northwest Quarter of Section 34
and the point of beginning of the land to be described; thence South 89 degrees 23 minutes 09
seconds West, along said south line of the north 289 feet of the Northwest Quarter of the
Northwest Quarter of Section 34 as measured along the west line of the Northwest Quarter of the
Northwest Quarter of Section 34, a distance of 62.57 feet to the east line of the west 180.00 feet
of said Northwest Quarter of the Northwest Quarter of Section 34; thence South 00 degrees 02
minutes 29 seconds West, along said east line of the west 180.00 feet of the Northwest Quarter
of the Northwest Quarter of Section 34, a distance of 56.00 feet; thence North 47 degrees 51
minutes 00 seconds East 84.45 feet to the point of beginning.
AND
The North 345.00 feet of the East 278.90 feet, as measured along the east and north lines
respectively, of the Northeast Quarter of the Northeast Quarter of Section 33, Township 33,
Range 26, Sherburne County, Minnesota
EXCEPT
The North 289 feet of the East 88 feet, as measured along the East and North lines respectively
of the Northeast Quarter of the Northeast Quarter of Section 33, Township 33, Range 26,
Sherburne County, Minnesota EXCEPTING therefrom the following described parcel:
That part thereof lying southwesterly of the line connecting the Southeast corner of said
North 289 feet of the East 88 feet with the Southwest corner of the North 222 feet of said
East 88 feet of the Northeast Quarter of the Northeast Quarter.
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EXHIBIT "D"
City Exchange Parcel
The South 174.00 feet of the North 519.00 feet of the West 180.00 feet, as measured along the
west and north lines respectively, of the Northwest Quarter of the Northwest Quarter of Section
34, Township 33, Range 26, Sherburne County, Minnesota.
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EXHIBIT "E"
FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT
20197ov8 18
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EXHIBIT "F"
A JOINT POWERS AGREEMENT FOR THE MUTUAL USE AND MAINTENANCE
OF LION JOHN WEICHT PARK
2019700
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