07-024 RES
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RESOLUTION NO. 07-24
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 MINNESOTA STATUTES CHAPTER
117 FOR THE 193rd N.W.A VENUE TRANSPORTATION CORRIDOR.
RECITIALS
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
negotiation and condemnation in accordance with Minnesota law including, but not
limited to, Minnesota Statutes SS 117.01 et. seq, 412.211, 465.01 and 465.16, and
469.124 through 469.134;
WHEREAS, the City of Elk River deems it necessary, convenient and advisable
to facilitate the construction for the extension of existing 193rd Avenue N.W. to C.S.A.H.
No. 13 (Twin Lakes Road) within the limits of the City of Elk River ("193rd Avenue
Extension Project") generally as shown on Exhibit A hereto.
WHEREAS, the City of Elk River deems it necessary and convenient and for a
public use and public purpose to acquire the property depicted on Exhibit B hereto, for
the 193rd Avenue Extension Project in order to facilitate the construction of the 193rd
Avenue Extension and for purposes of improving roads, utilities, drainage, storm water
management and other public infrastructure in the City of Elk River and to otherwise
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benefit the health, safety and welfare of the residents of the City of Elk River
("Objectives").
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Elk River.
1. In order to carry out the Objectives, it is necessary to acquire the fee title
to and easements over the real property identified in Exhibit B attached hereto or some
lesser portion thereof as determined by staff ("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 public use as required by the United States Constitution, the
Minnesota Constitution and Minnesota Statutes Chapter 117 and, in particular, Minnesota
Statutes SS 117.012 and 117.025, subd. 11 and is further deemed to be necessary and
convenient to fulfill the Objectives.
3. The City of Elk River "deems it necessary for the Objectives to acquire said
Real Property by negotiation and, if necessary, the use of condemnation.
4. In accordance with Minnesota Statutes S 117.042, the City of Elk River
deems it necessary to proceed without delay prior to the time by which court-appointed
commissioners could reasonably be expected to render their award for the taking of the
Real Property and 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 take all
actions and to execute all documents and contracts necessary to acquire the Real Property
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identified on Exhibit B, which actions include the specific authorization to: (a) hire
appraisers and obtain appraisals or minimum damage assessments of the real property
interests to be acquired, (b) complete and record all documents necessary or convenient
for purposes of acquiring the Real Property; and (c) retain such professionals as may be
reasonably necessary to facilitate the acquisition of the Real Property including, but not
limited to, engineers, appraisers, surveyors, acquisition agents and attorneys.
6. City Staff is directed and authorized to comply with all requirements of
Minnesota Statutes Chapter 117 in acquiring the Real Property described on Exhibit B.
7. Pursuant to Minnesota Statutes S 117.036, before commencing a
condemnation action to acquire the Real Property described on Exhibit B, City Staff is
directed and authorized to obtain at least one appraisal for each parcel of the Real
Property. The City's independent appraiser must confer with one or more of the owners
of the Real Property, if reasonably possible. Upon completion, City Staff and/or
professionals retained by the City are directed to provide the owners of the Real Property
with a copy of each appraisal the acquiring authority has obtained for their Real Property
at the time an offer is made, but no later than 60 days before presenting a petition to the
Court under Minnesota Statutes S 117.055, and inform the owner of the right to obtain an
appraisal under Minnesota Statutes S 117.036. Upon request, City Staff shall make
available to the owner all appraisals of the Real Property.
8. Prior to commencing condemnation, the City Staff and/or professionals
retained by the City are directed to make written offers to the owners of the Real Property
described on Exhibit B hereto and attempt to negotiate such offers to a successful
conclusion, which negotiations and offers shall be conducted in good faith prior to the
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commencement of condemnation. In making a good faith offer and in negotiating for the
acquisition of the Real Property, City Staff and/or professionals retained by the City are
directed to consider the appraisals in its possession and the owners' possession and such
other information that may be relevant to a determination of just compensation
9. In circumstances where negotiation and the written offers prove to be
unsuccessful, City Staff and/or the City's legal counsel shall commence the necessary
Court actions to condemn the Real Property under the procedures provided for in
applicable Minnesota Statutes, and in compliance with all requirements of said statutes,
including using the quick take procedure set forth in Minnesota Statutes S 117.042.
10. In addition to the foregoing, City Staff is further authorized and directed to
take all actions necessary to implement this resolution including obtaining appraisals or
minimum damage assessments of all property interests to be acquired and retaining legal
counsel to assist in commencing condemnation. Any actions previously taken by City
Staff in this regard are hereby ratified and affirmed.
The motion for adoption of the foregoing resolution was introduced by
Councilmember 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:
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Passed and adopted this 20th day of February, 2007.
A~
Tina Allard, City Clerk
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Steph
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Exhibit A
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Exhibit B
The following descriptions include PID Numbers when available for reference
purposes. The Real Property to be acquired is described for each Parcel following
the reference to "Land Acquisition Description."
PARCEL I, PID NO. 75-126-2101
LAND ACQUISITION DESCRIPTION:
That part of the East Half of the Northwest Quarter of Section 26, Township 33, Range
26, Sherburne County, Minnesota which lies East of the West 66.00 feet of said East Half
of the Northwest Quarter and which lies West of the East 561.00 feet of said East Half of
the Northwest Quarter and which lies Southwesterly and Southerly of a line drawn
parallel with and distant 50.00 feet Northeasterly and Northerly of the following
described line:
Commencing at the Southwest corner of said East Half of the Northwest Quarter; thence
North 00 degrees 21 minutes 20 seconds East, an assumed bearing along the West line of
said East Half of the Northwest Quarter, a distance of 367.87 feet to the point of
beginning of said line to be hereinafter described; thence Southeasterly, a distance of
12.45 feet, along a non-tangential curve concave to the Southwest, having a radius of
454.00 feet, a central angle of 01 degrees 34 minutes 13 seconds and a chord which bears
South 48 degrees 03 minutes 17 seconds East; thence South 47 degrees 16 minutes 10
seconds East, tangent to the last described curve, a distance of 286.25 feet; thence
Southeasterly and Easterly, a distance of 334.11 feet along a tangential curve, concave to
the Northeast, having a radius of 454.00 feet and a central angle of 42 degrees 09 minutes
54 seconds to the intersection with a line drawn parallel with and distant 50.00 feet North
of the South line of said East Half of the Northwest Quarter; thence South 89 degrees 26
minutes 04 seconds East, tangent to the last described curve and along said line drawn
parallel with and distant 50.00 feet North of the South line of the East Half of the
Northwest Quarter, to the East line of said East Half of the Northwest Quarter and said
line there terminating.
Perpetual easements for sloping purposes over and across that part of the following
described property:
That part of the East Half of the Northwest Quarter of Section Twenty-six (26),
Township Thirty-three (33), Range Twenty-six (26), Sherburne County, Minnesota lying
South of the North 1848 feet thereof, lying East of the West 66 feet thereof, and lying
West of the East 561 feet thereof.
e Which lies within the perpetual easements for sloping purposes described as follows:
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A strip of land 55.00 feet in width, over and across that part of the East Half of the
Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota,
the Southwesterly line of which is a line drawn parallel with and distant 50.00 feet
Northeasterly of a line described as follows:
Commencing at the Southwest comer of said East Half of the Northwest Quarter; thence
North 00 degrees 21 minutes 20 seconds East, an assumed bearing along the West line of
said East Half of the Northwest Quarter, a distance of 367.87 feet to the point of
beginning of said line to be hereinafter described; thence Southeasterly, a distance of
12.45 feet, along a non-tangential curve concave to the Southwest, having a radius of
454.00 feet, a central angle of 01 degrees 34 minutes 13 seconds and a chord which bears
South 48 degrees 03 minutes 17 seconds East; thence South 47 degrees 16 minutes 10
seconds East, tangent to the last described curve, a distance of 286.25 feet; thence
Southeasterly and Easterly, a distance of 82.00 feet along a tangential curve to be
hereinafter referred to as "Curve B", concave to the Northeast, having a radius of 454.00
feet and a central angle of 10 degrees 20 minutes 57 seconds to a point to be hereinafter
referred to as "Point A" and said line there terminating.
Said strip ofland is to extend by its full width from the East line of the West 66.00 feet of
said East Half of the Northwest Quarter to a line which bears North 32 degrees 22
minutes 53 seconds East and passes through said above described reference "Point A",
e And Also:
A strip of land 20.00 feet in width, over and across that part of said East Half of the
Northwest Quarter, the Southwesterly line of which is a line drawn parallel with and
distant 50.00 feet Northeasterly of a line described as follows:
Beginning at said above described reference "Point A"; thence Southeasterly and
Easterly, a distance of 97.50 feet, along the Southeasterly and Easterly extension of said
above described reference "Curve B", concave to the Northeast, having a radius of 454.00
feet and a central angle of 12 degrees 18 minutes I 7 seconds to a point to be hereinafter
referred to as "Point C".
Said strip of land is to extend by its full width from a line which bears North 32 degrees
22 minutes 53 seconds East and passes through said above described reference "Point A"
to a line which bears North 20 degrees 04 minutes 36 seconds East and passes through
said above described reference "Point C" to a line which bears North 00 degrees 33
minutes 56 seconds East and passes through said above described reference "Point D".
And Also:
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A strip of land 55.00 feet in width, over and across that part of said East Half of the
Northwest Quarter, the Southwesterly line of which is a line drawn parallel with and
distant 50.00 feet Northeasterly of a line described as follows:
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Beginning at said above described reference "Point C"; thence Southeasterly and
Easterly, a distance of 154.61 feet, along the Southeasterly and Easterly extension of said
above described reference "Curve B", concave to the Northeast, having a radius of 454.00
feet and a central angle of 19 degrees 30 minutes 40 seconds to the intersection with a
line drawn parallel with and distant 50.00 feet North of the South line of said East Half of
the Northwest Quarter, said point of intersection is to be hereinafter referred to as "Point
D"; thence South 89 degrees 26 minutes 04 seconds East, tangent to said last described
curve and along said line drawn parallel with and distant 50.00 feet North of the South
line of the East Half of the Northwest Quarter, to the East line of said East Half of the
Northwest Quarter and said line there terminating.
Said strip of land is to extend by its full width from a line which bears North 20 degrees
04 minutes 36 seconds East and passes through said above described reference "Point C"
to a line which bears North 00 degrees 33 minutes 56 seconds East and passes through
said above described reference "Point D".
And Also:
The North 20.00 feet of the South 120.00 feet of said East Half of the Northwest Quarter,
which lies Easterly of a line which bears North 00 degrees 33 minutes 56 seconds East
and passes through said above described reference "Point D" and which lies West of the
West line of the East 561.00 feet of said East Half of the Northwest Quarter.
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PARCEL 2, PID NO. 75-126-2100
LAND ACQUISITION DESCRIPTION:
That part of the East 495 feet of the Northwest Quarter of Section 26, Township 33,
Range 26, Sherburne County, Minnesota, lying South of a line described as: Beginning
at a point on the East line of said Northwest Quarter a distance of 2393.75 feet south of
the Northeast comer of said Northwest Quarter; thence west at right angles for 495 feet
and there terminating. EXCEPTING THEREFROM all that part thereof lying within the
following described tract to-wit: Beginning at a point on the East line of said Northwest
Quarter a distance of2200 feet south of the Northeast comer thereof; thence west at right
angles for 174.5 feet; thence south parallel with said East line for 250 feet; thence east at
right angles for 174.5 feet; thence north along said East line for 250 fcet to the point of
beginning.
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PARCEL 3, PID NO. 75-126-1405
LAND ACQUISITION DESCRIPTION:
All that part of the South Half of the Northeast Quarter of Section 26, Township 33,
Range 26, Sherburne County, Minnesota which lies Southerly and Southwesterly of a line
drawn parallel with and distant 50.00 feet Northerly and Northeasterly of the following
described line:
Beginning at the point of intersection with the West line of said South Half of the
Northeast Quarter with a line drawn parallel with and distant 50.00 feet North of the
South line of said South Half of the Northeast Quarter; thence South 89 degrees 26
minutes 04 seconds East, an assumed bearing along said line drawn parallel with and
distant 50.00 feet North of the South line of the South Half of the Northeast Quarter, a
distance of 120.18 feet; thence Easterly and Southeasterly, a distance of 382.15 feet,
along a tangential curve concave to the South, having a radius of 650.00 feet and a central
angle of33 degrees 41 minutes 09 seconds and said line there terminating.
A perpetual easement for sloping purposes over and across that part of the following
described property:
That part of the South Half of the Northeast Quarter (S1/2 ofNE1I4) of Section Twenty-
six (26), Township Thirty-three (33), Range Twenty-six (26), Sherburne County,
Minnesota described as follows:
Commencing at the Southwest corner of the said South Half of the Northeast Quarter
(S1I2 ofNE1I4); thence East on and along the East and West quarter section line of said
Section Twenty-six (26), a distance of Six Hundred Twenty-six and Twelve Hundredths
(626.12) feet; thence North and parallel with the North and South Quarter line of said
Section Twenty-six a distance of Two Hundred and Eight and Seven Hundred and Eight
Thousandths (208.708) feet; thence West and parallel with the said East and West quarter
section line a distance of Six Hundred and Twenty-six and Twelve Hundreths (626.12)
feet or the said North and South quarter section line; thence South on and along said
North and South quarter section line to the point of beginning.
Which lies with a perpetual easement for sloping purposes described as follows:
A strip of land 20.00 feet in width, over that part of the South Half of the Northeast
Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota, the
Southerly line of which is a line drawn parallel with and distant 50.00 feet Northerly of a
line described as follows:
Beginning at the point of intersection with the West line of said South Half of the
Northeast Quarter with a line drawn parallel with and distant 50.00 feet North of the
South line of said South Half of the Northeast Quarter; thence South 89 degrees 26
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minutes 04 seconds East, an assumed bearing along said line drawn parallel with and
distant 50.00 feet North of the South line of the South Half of the Northeast Quarter, a
distance of 120.18 feet; thence Easterly and Southeasterly, a distance of 382.15 feet,
along a tangential curve concave to the South, having a radius of 650.00 feet and a central
angle of 33 degrees 41 minutes 09 seconds and said line there terminating.
Said strip of land is to extend by its full width from said West line of the South Half of
the Northeast Quarter to a line drawn parallel with and distant 295.00 feet East of said
West line of the South Half of the Northeast Quarter.
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PARCEL 4, PID NO. 75-126-2200
LAND ACQUISITION DESCRIPTION:
That part of the West 66.00 feet of the East Half of the Northwest Quarter, Section 26,
Township 33, Range 26, Sherburne County, Minnesota which lies Southerly of a line
drawn parallel with and distant 50.00 feet Northerly of the following described line:
Commencing at the Southwest corner of said East Half of the Northwest Quarter; thence
North 00 degrees 21 minutes 20 seconds East, an assumed bearing along the West line of
said East Half of the Northwest Quarter, a distance of 367.87 feet; thence Northwesterly
and Westerly, a distance of 420.50 feet, along a non-tangential curve concave to the
South, having a radius of 454.00 feet, a central angle of 53 degrees 04 minutes 07
seconds and a chord which bears North 75 degrees 22 minutes 27 seconds West, to the
point of beginning of said line to be hereinafter described; thcnce Easterly and
Southeasterly, a distance of 432.95 feet, along said last described curve and its
Southeasterly extension, being concave to the South, having a radius of 454.00 feet and a
central angle of 54 degrees 38 minutes 20 seconds; thence South 47 degrees 16 minutes
10 seconds East, tangent to said last described curve, a distance of 286.25 feet and said
line there terminating.
A perpetual easement for sloping purposes over and across that part of the following
described property:
The West 66 feet of the East Half of the Northwest Quarter, Section 26, Township 33,
Range 26, Sherburne County, Minnesota.
Which lies within a perpetual easement for sloping purposes described as follows:
A strip ofland 40.00 feet in width over that part of the West 66.00 feet of the East Half of
the Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County,
Minnesota, the South line of which is a line drawn parallel with and distant 50.00 feet
Northerly of the following described line:
Commencing at the Southwest corner of said East Half of the Northwest Quarter; thence
North 00 degrees 21 minutes 20 seconds East, an assumed bearing along the West line of
said East Half of the Northwest Quarter, a distance of 367.87 feet; thence Northwesterly
and Westerly, a distance of 420.50 feet, along a non-tangential curve concave to the
South, having a radius of 454.00 feet, a central angle of 53 degrees 04 minutes 07
seconds and a chord which bears North 75 degrees 22 minutes 27 seconds West, to the
point of beginning of said line to be hereinafter described; thence Easterly and
Southeasterly, a distance of 432.95 feet, along said last described curve and its
Southeasterly extension, being concave to the South, having a radius of 454.00 feet and a
central angle of 54 degrees 38 minutes 20 seconds; thence South 47 degrees 16 minutes
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10 seconds East, tangent to said last described curve, a distance of 286.25 feet and said
line there terminating.
Said strip ofland is to extend by its full width from said West line of the East Half of the
Northwest Quarter to the East line of said West 66.00 feet of the East Half of the
Northwest Quarter.
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PARCEL 5, PID NO. 75-126-4201
LAND ACQUISITION DESCRIPTION:
That part of the Northwest Quarter of the Southeast Quarter of Section 26, Township 33,
Range 26, Sherburne County, Minnesota described as follows:
A strip of land 100.00 feet in width over said Northwest Quarter of the Southeast Quarter,
the centerline of which is described as follows:
Beginning at the point of intersection with the West line of the South Half of the
Northeast Quarter of said Section 26, with a line drawn parallel with and distant 50.00
feet North of the South line of said South Half of the Northeast Quarter; thence South 89
degrees 26 minutes 04 seconds East, an assumed bearing along said line drawn parallel
with and distant 50.00 feet North of the South line of the South Half of the Northeast
Quarter, a distance of 120.18 feet; thence Easterly and Southeasterly, a distance of 382.15
feet, along a tangential curve concave to the South, having a radius of 650.00 feet and a
central angle of 33 degrees 41 minutes 09 seconds; thence South 55 degrees 44 minutes,
56 seconds East, tangent to said last described curve, a distance of 1247.42 feet to the
Northwesterly right of way line of County State Aid Highway No. 13 and said centerline
there terminating.
Said strip of land is to extend by it's full width from the North line of said Northwest
Quarter of the Southeast Quarter to the East line of said Northwest Quarter of the
Southeast Quarter and a line described as follows:
Commencing at the Northwest comer of said Northwest Quarter of the Southeast Quarter;
thence Southerly, along the West line of said Northwest Quarter of the Southeast Quarter,
a distance of 572.00 feet to the point of beginning of said line to be hereinafter described;
thence Easterly, parallel with said North line of the Northwest Quarter of the Southeast
Quarter to said East line of the Northwest Quarter of the Southeast Quarter and said line
there terminating.
Perpetual easements for drainage and utility purposes over, across and under the
following described property:
That part of the Northwest Quarter of the Southeast Quarter of Section 26, Township 33,
Range 26, Sherburne County, Minnesota described as follows:
Beginning at the Northwest comer of said Northwest Quarter of the Southeast Quarter;
thence south along the west line of said Northwest Quarter of the Southeast Quarter a
distance of 300 feet; thence east parallel with the north line of said Northwest Quarter of
the Southeast Quarter a distance of 400 feet; thence south parallel with said west line a
distance of 272 feet; thence east parallel with the north line of said Northwest Quarter of
the Southeast Quarter a distance of 902.93 feet to the east line of said Northwest Quarter
of the Southeast Quarter; thence north along said east line a distance of 572 feet to the
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northeast comer of said Northwest Quarter of the Southeast Quarter; thence west along
the north line of said Northwest Quarter of the Southeast Quarter a distance of 1302.74
feet to the point of beginning.
Which lies within a perpetual easement for drainage and utility purposes described as
follows:
That part of the Northwest Quarter of the Southeast Quarter of Section 26, Township 33,
Range 26, Sherburne County, Minnesota., which lies South of the South line of the North
274.00 feet of said Northwest Quarter of the Southeast Quarter and which lies
Northeasterly of a line drawn parallel with and distant 50.00 feet Northeasterly of a line
to be hereinafter referred to as "Line A" and described as follows:
Beginning at the point of intersection with the West line of said South Half of the
Northeast Quarter with a line drawn parallel with and distant 50.00 feet North of the
South line of said South Half of the Northeast Quarter; thence South 89 degrees 26
minutes 04 seconds East, an assumed bearing along said line drawn parallel with and
distant 50.00 feet North of the South line of the South Half of the Northeast Quarter, a
distance of 120.18 feet; thence Easterly and Southeasterly, a distance of 382.15 feet,
along a tangential curve concave to the South, having a radius of 650.00 feet and a central
angle of 33 degrees 41 minutes 09 seconds; thence South 55 degrees 44 minutes 56
seconds East, tangent to said last described curve, a distance of 1247.42 feet to the
Northwesterly right of way line of County State Aid Highway No. 13 and said line there
terminating.
And Also:
The North 163.00 feet of said Northwest Quarter of the Southeast Quarter which lies
Southerly and Southwesterly of a line drawn parallel with and distant 50.00 feet
Southerly and Southwesterly of said above described reference "Line A."
And Also:
The South 32.00 feet of the North 195.00 feet of the West 307.00 feet of said Northwest
Quarter 0 f the Southeast Quarter.
And Also:
That part of said Northwest Quarter of the Southeast Quarter described as follows:
Commencing at the Northwest comer of said Northwest Quarter ofthe Southeast Quarter;
thence Southerly, along the West line of said Northwest Quarter ofthe Southeast Quarter,
a distance of 572.00 feet; thence Easterly, along a line drawn parallel with the North line
of said Northwest Quarter of the Southeast Quarter, a distance of 568.00 feet to the point
of beginning of said easement to be hereinafter described; thence Northerly along a line
drawn parallel with said West line of the Northwest Quarter of the Southeast Quarter to
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the intersection with a line drawn parallel with and distant 275.00 feet Southwesterly of
said above described reference "Line A"; thence Northwesterly, along said last describe
parallel line, a distance of 113.00 feet; thence Northeasterly, on an angle to the left of 90
degrees 00 minutes 00 seconds, along a line to be hereinafter referred to as "Line B", to
the intersection with a line drawn parallel with and distant 50.00 feet Southwesterly of
said above described reference "Line A"; thence Southeasterly, along said last described
parallel line to the intersection with a line drawn parallel with said North line of the
Northwest Quarter of the Southeast Quarter and extended Easterly from said point of
beginning; thence Westerly, along said last described parallel line to said point of
beginning.
And also which lies within the perpetual easements for sloping purposes described as
follows:
A strip of land 35.00 feet in width over that part of said Northwest Quarter of the
Southeast Quarter, the Northeasterly line of which is a line drawn parallel with and
distant 50.00 feet Southwesterly of said above described reference "Line A."
Said strip of land is to extend by its full width from the South line of the North 163.00
feet of said Northwest Quarter of the Southeast Quarter to said above described reference
"LineBI1.
And also:
A strip of land 30.00 feet in width, over that part of said Northwest Quarter of the
Southeast Quarter, the Southwesterly line of which is a line drawn parallel with and
distant 50.00 feet Northeasterly of said above described reference "Line A".
Said strip ofland is to extend by its full width from a line drawn parallel with and distant
274.00 feet South of the North line of said Northwest Quarter of the Southeast Quarter to
a line drawn parallel with and distant 176.00 feet South of said North line of the
Northwest Quarter of the Southeast Quarter.
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PARCEL 6, PID NO. 75-126-4101
LAND ACQUISITION DESCRIPTION:
That part of the Northeast Quarter of the Southeast Quarter of Section 26, Township 33,
Range 26, Sherburne County, Minnesota described as follows:
A strip of land 100.00 feet in width over that part of said Northeast Quarter of the
Southeast Quarter, the centerline of which is described as follows:
Beginning at the point of intersection with the West line of the South Half of the
Northeast Quarter of said Section 26, with a line drawn parallel with and distant 50.00
feet North of the South line of said South Half of the Northeast Quarter; thence South 89
degrees 26 minutes 04 seconds East, an assumed bearing along said line drawn parallel
with and distant 50.00 feet North of the South line of the South Half of the Northeast
Quarter, a distance of 120.18 feet; thence Easterly and Southeasterly, a distance of 382.15
feet, along a tangential curve concave to the South, having a radius of 650.00 feet and a
central angle of 33 degrees 41 minutes 09 seconds; thence South 55 degrees 44 minutes,
56 seconds East, tangent to said last described curve, a distance of 1247.42 feet to the
Northwesterly right of way line of County State Aid Highway No. 13 and said centerline
there terminating.
Said strip of land is to extend by its full width from the West line of said Northeast
Quarter of the Southeast Quarter to said Northwesterly right of way line of County State
Aid Highway No. 13.
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PARCEL 7, PID NO. 75-126-3105
LAND ACQUISITION DESCRIPTION:
Perpetual easements for sloping purposes over and across that part of the following
described property:
The Northeast Quarter of the Southwest Quarter of Section 26, Township 33, Range 26,
Sherburne County, Minnesota.
Which lies within the perpetual easements for sloping purposes described as follows:
The North 75.00 feet of the East 200.00 feet of the West 450.00 feet of the Northeast of
thc Southwest Quarter of Section 26, Township 33, Range 26, Sherburne County,
Minnesota.
And Also:
The North 65.00 feet of said Northeast Quarter of the Southwest Quarter, which lies East
of the West 450.00 feet of said Northeast Quarter of the Southwest Quarter.
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PARCEL 8
(NO PID NO. ASSIGNED BY COUNTY)
LAND ACQUISITION DESCRIPTION:
The South 100.00 feet of the West 66.00 feet of the East 561.00 feet of the East Half of
the Northwest Quarter of Section 26, Township 33, Range 26, Sherburne County,
Minnesota.
A perpetual easement for sloping purposes over and across that part of the following
described property:
That part of the West 66.00 feet of the East 561.00 feet of the East Half of the Northwest
Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota lying south
of the South line of OAK HILLS 1ST ADDITION, according to the recorded plat
thereof, said Sherburne County, Minnesota.
Which lies within a perpetual easement for sloping purposes described as follows:
The North 25.00 feet of the South 125.00 feet of the West 66.00 feet of the East 561.00
feet of the East Half of the Northwest Quarter of Section 26, Township 33, Range 26,
Sherburne County, Minnesota.
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PARCEL 9, PID NO. 75-126-4206
LAND ACQUISITION DESCRIPTION:
That part of the Northwest Quarter of the Southeast Quarter of Section 26, Township 33,
Range 26, Sherburne County, Minnesota which lies Southerly of a line described as
follows:
Commencing at the Northwest comer of said Northwest Quarter of the Southeast Quarter;
thence Southerly, along the West line of said Northwest Quarter of the Southwest
Quarter, a distance of 572.00 feet to the point of beginning of said line to be hereinafter
described; thence Easterly, along a line drawn parallel with the North line of said
Northwest Quarter of the Southeast Quarter to the East line of said Northwest Quarter of
the Southeast Quarter and said line there terminating.
and which also lies Northeasterly of a line drawn parallel with and distant 50.00 feet
Southwesterly of the following described line:
Beginning at the point of intersection with the West line of said South Half of the
Northeast Quarter with a line drawn parallel with and distant 50.00 feet North of the
South line of said South Half of the Northeast Quarter; thence South 89 degrees 26
minutes 04 seconds East, an assumed bearing along said line drawn parallel with and
distant 50.00 feet North of the South line of the South Half of the Northeast Quarter, a
distance of 120.18 feet; thence Easterly and Southeasterly, a distance of 382.15 feet,
along a tangential curve concave to the South, having a radius of 650.00 feet and a central
angle of 33 degrees 41 minutes 09 seconds; thence South 55 degrees 44 minutes 56
seconds East, tangent to said last described curve, a distance of 1247.42 feet to the
Northwesterly right of way line of County State Aid Highway No. 13 and said line there
terminating.
A perpetual easement for sloping purposes, over and across the following described
property:
All that part of the Northwest Quarter of the Southeast Quarter, Section 26, Township 33,
Range 26, Sherhurne County, Minnesota described as commencing at a point on the West
line of said Northwest Quarter of the Southeast Quarter a distance of 572.00 feet South of
the Northwest comer thereof; thence North 89 degrees 38 minutes 16 seconds East and
parallel with the North line of said Northwest Quarter of the Southeast Quarter a distance
of 1302.93 feet, more or less, to intersect the East line of said Northwest Quarter of the
Southeast Quarter, said point of intersection being the actual point of beginning of the
land to be hereby described; thence South 0 degrees 36 minutes 16 seconds East along
said East line a distance 439.73 feet, more or less, to intersect the centerline of C.S.A.H.
No. 13 as now laid out and constructed; thence South 49 degrees 27 minutes 12 seconds
West along said centerline a distance of 466.79 feet, more or less, to intersect the South
line of said Northwest Quarter of the Southeast Quarter at a point thereon a distance of
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945.31 feet East of the southwest comer of said Northwest Quarter of the Southeast
Quarter as measured along said South line; thence from the last described point of
intersection, North 0 degrees 35 minutes 00 seconds West and parallel with the West line
of said Northwest Quarter of the Southeast Quarter a distance of 324.40 feet; thence
Northeasterly to a point on the afore described line, parallel with the North line of said
Northwest Quarter of the Southeast Quarter and passing through the point of beginning, a
distance of 157.88 feet West of said point of beginning; thence, from the last described
point of intersection, North 89 degrees 38 minutes 16 seconds East along said parallel
line a distance of 157.88 feet to the point of beginning.
Which lies within a perpetual easement for sloping purposes described as follows:
A strip of land 10.00 feet in width over that part of the Northwest Quarter of the
Southeast Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota,
the Northeasterly line of which is a line drawn parallel with and distant 50.00 feet
Southwesterly of the following described line:
Beginning at the point of intersection with the West line of said South Half of the
Northeast Quarter with a line drawn parallel with and distant 50.00 feet North of the
South line of said South Half of the Northeast Quarter; thence South 89 degrees 26
minutes 04 seconds East, an assumed bearing along said line drawn parallel with and
distant 50.00 feet North of the South line of the South Half of the Northeast Quarter, a
distance of 120.18 feet; thence Easterly and Southeasterly, a distance of 382.15 feet,
along a tangential curve concave to the South, having a radius of 650.00 feet and a central
angle of 33 degrees 41 minutes 09 seconds; thence South 55 degrees 44 minutes 56
seconds East, tangent to said last described curve, a distance of 1247.42 feet to the
Northwesterly right of way line of County State Aid Highway No. 13 and said line there
terminating.
Said strip of land is to be extended by its full width from the East line of said Northwest
Quarter of the Southeast Quarter to a line described as follows;
Commencing at a point on the West line of said Northwest Quarter of the Southeast
Quarter a distance of 572.00 feet South of the Northwest comer thereof; thence North 89
degrees 38 minutes 16 seconds East and parallel with the North line of said Northwest
Quarter of the Southeast Quarter, said line to be hereinafter referred to as "Line A", a
distance of 1302.93 feet, more or less, to intersect the East line of said Northwest Quarter
of the Southeast Quarter, said point of intersection to be hereinafter referred to as "Point
B"; thence South 0 degrees 36 minutes 16 seconds East along said East line a distance
439.73 feet, more or less, to intersect the centerline of C.S.A.H. No. 13 as now laid out
and constructed; thence South 49 degrees 27 minutes 12 seconds West along said
centerline a distance of 466.79 feet, more or less, to intersect the South line of said
Northwest Quarter of the Southeast Quarter at a point thereon a distance of 945.31 feet
East of the southwest comer of said Northwest Quarter of the Southeast Quarter as
measured along said South line; thence from the last described point of intersection,
North 0 degrees 35 minutes 00 seconds West and parallel with the West line of said
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Northwest Quarter of the Southeast Quarter a distance of 324.40 feet to the point of
beginning of said line to be hereinafter described; thence Northeasterly to a point on said
above described reference "Line A" distant 157.88 feet West of said above described
reference "Point B", as measured along said above described reference "Line A"; there
Easterly along said above described reference "Line A", a distance of 157.88 feet to said
above described reference "Point B", and said line there terminating.
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PARCEL 10, PID NO. 75-734-0175
LAND ACQUISITION DESCRIPTION:
All that part of Lot 15, Block I, THE WOODS AT HILLSIDE FOURTH ADDITION,
according to said plat on file and of record in the office of the County Recorder,
Sherburne County, Minnesota which lies Southerly of a line drawn parallel with and
distant 50.00 feet Northerly of the following described line:
Commencing at the Southeast comer of the Southwest Quarter of the Northwest Quarter
of Section 26, Township 33, Range 26, Sherburne County, Minnesota; thence North 00
degrees 21 minutes 20 seconds East, an assumed bearing along the East line of said
Southwest Quarter of the Northwest Quarter, a distance of 367.87 feet to the point of
beginning of said line to be hereinafter described; thence Northwesterly and Westerly, a
distance of 420.50 feet, along a non-tangential curve concave to the South, having a
radius of 454.00 feet and a central angle of 53 degrees 04 minutes 07 seconds, and a
chord which bears North 75 degrees 22 minutes 27 seconds West; thence South 78
degrees 05 minutes 30 seconds West, tangent to said last described curve, a distance of
78.26 feet and said line there terminating.
A perpetual easement for drainage and utility purposes over, under and across that part of
the following described property:
Lot 15, Block I, THE WOODS AT HILLSIDE FOURTH ADDITION, according to said
plat on file and of record in the office of the County Recorder, Sherburne County,
Minnesota.
Which lies within a perpetual easement for drainage and utility purposes described as
follows:
A strip ofland 10.00 feet in width over that part of Lot 15, Block I, THE WOODS AT
HILLSIDE FOURTH ADDITION, according to said plat on file and of record in the
office of the County Recorder, Sherburne County, Minnesota, the South line of which is a
line drawn parallel with and distant 50.00 feet North of the following described line:
Commencing at the Southeast comer of the Southwest Quarter of the Northwest Quarter
of Section 26, Township 33, Range 26, Sherburne County, Minnesota; thence North 00
degrees 21 minutes 20 seconds East, an assumed bearing along the East line of said
Southwest Quarter of the Northwest Quarter, a distance of 367.87 feet to the point of
beginning of said line to be hereinafter described; thence Northwesterly and Westerly, a
distance of 420.50 feet, along a non-tangential curve concave to the South, having a
radius of 454.00 feet and a central angle of 53 degrees 04 minutes 07 seconds, and a
chord which bears North 75 degrees 22 minutes 27 seconds West; thence South 78
degrees 05 minutes 30 seconds West, tangent to said last described curve, a distance of
78.26 feet and said line there terminating.
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Said strip ofland is to extend by its full width from the West line of said Lot 15 to the
East line of said Lot 15.
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PARCEL 11, PID NO. 75-734-0180
LAND ACQUISITION DESCRIPTION;
All that part of Lot 16, Block 1, THE WOODS AT HILLSIDE FOURTH ADDITION,
according to said plat on file and of record in the office of the County Recorder,
Sherburne County, Minnesota which lies Southerly of a line drawn parallel with and
distant 50.00 feet Northerly of the following described line;
Commencing at the Southeast comer of the Southwest Quarter of the Northwest Quarter
of Section 26, Township 33, Range 26, Sherburne County, Minnesota; thence North 00
degrees 21 minutes 20 seconds East, an assumed bearing along the East line of said
Southwest Quarter of the Northwest Quarter, a distance of 367.87 feet to the point of
beginning of said line to be hereinafter described; thence Northwesterly and Westerly, a
distance of 420.50 feet, along a non-tangential curve concave to the South, having a
radius of 454.00 feet and a central angle of 53 degrees 04 minutes 07 seconds, and a
chord which bears North 75 degrees 22 minutes 27 seconds West; thence South 78
degrees 05 minutes 30 seconds West, tangent to said last described curve, a distance of
78.26 feet and said line there terminating.
A perpetual easement for drainage and utility purposes over, under and across that part of
the following described property:
Lot 16, Block I, THE WOODS AT HILLSIDE FOURTH ADDITION, according to said
plat on file and of record in the office of the County Recorder, Sherburne County,
Minnesota.
Which lies within a perpetual easement for drainage and utility purposes described as
follows;
A strip of land 10.00 feet in width over that part of Lot 16, Block I, THE WOODS AT
HILLSIDE FOURTH ADDITION, according to said plat on file and of record in the
office of the County Recorder, Sherburne County, Minnesota, the South line of which is a
line drawn parallel with and distant 50.00 feet North of the following described line:
Commencing at the Southeast comer of the Southwest Quarter of the Northwest Quarter
of Section 26, Township 33, Range 26, Sherburne County, Minnesota; thence North 00
degrees 2 I minutes 20 seconds East, an assumed bearing along the East line of said
Southwest Quarter of the Northwest Quarter, a distance of 367.87 feet to the point of
beginning of said line to be hereinafter described; thence Northwesterly and Westerly, a
distance of 420.50 feet, along a non-tangential curve concave to the South, having a
radius of 454.00 feet and a central angle of 53 degrees 04 minutes 07 seconds, and a
chord which bears North 75 degrees 22 minutes 27 seconds West; thence South 78
degrees 05 minutes 30 seconds West, tangent to said last described curve, a distance of
78.26 feet and said line there terminating.
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Said strip of land is to extend by its full width from the West line of said Lot 16 to the
East line of said Lot 16.
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PARCEL 12, PID NO. 75-734-0185
LAND ACQUISITION DESCRIPTION:
All that part of Lot 17, Block I, THE WOODS AT HILLSIDE FOURTH ADDITION,
according to said plat on file and of record in the office of the County Recorder,
Sherburne County, Minnesota which lies Southerly of a line drawn parallel with and
distant 50.00 feet Northerly of the following described line:
Conunencing at the Southeast comer of the Southwest Quarter of the Northwest Quarter
of Section 26, Township 33, Range 26, Sherburne County, Minnesota; thence North 00
degrees 21 minutes 20 seconds East, an assumed bearing along the East line of said
Southwest Quarter of the Northwest Quarter, a distance of 367.87 feet to the point of
beginning of said line to be hereinafter described; thence Northwesterly and Westerly, a
distance of 420.50 feet, along a non-tangential curve concave to the South, having a
radius of 454.00 feet and a central angle of 53 degrees 04 minutes 07 seconds, and a
chord which bears North 75 degrees 22 minutes 27 seconds West; thence South 78
degrees 05 minutes 30 seconds West, tangent to said last described curve, a distance of
78.26 feet and said line there terminating.
A perpetual easement for drainage and utility purposes over, under and across that part of
the following described property:
Lot 17, Block I, THE WOODS AT HILLSIDE FOURTH ADDITION, according to said
plat on file and of record in the office of the County Recorder, Sherburne County,
Minnesota.
Which lies within a perpetual easement for drainage and utility purposes described as
follows:
A strip of land 10.00 feet in width over that part of Lot 17, Block I, THE WOODS AT
HILLSIDE FOURTH ADDITION, according to said plat on file and of record in the
office ofthe County Recorder, Sherburne County, Minnesota, the South line of which is a
line drawn parallel with and distant 50.00 feet North of the following described line:
Conunencing at the Southeast comer of the Southwest Quarter of the Northwest Quarter
of Section 26, Township 33, Range 26, Sherburne County, Minnesota; thence North 00
degrees 21 minutes 20 seconds East, an assumed bearing along the East line of said
Southwest Quarter of the Northwest Quarter, a distance of 367.87 feet to the point of
beginning of said line to be hereinafter described; thence Northwesterly and Westerly, a
distance of 420.50 feet, along a non-tangential curve concave to the South, having a
radius of 454.00 feet and a central angle of 53 degrees 04 minutes 07 seconds, and a
chord which bears North 75 degrees 22 minutes 27 seconds West; thence South 78
degrees 05 minutes 30 seconds West, tangent to said last described curve, a distance of
78.26 feet and said line there terminating.
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Said strip of land is to extend by its full width from the West line of said Lot 17 to the
East line of said Lot 17.
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PARCEL 13, PID NO. 75-708-0040
LAND ACQUISITION DESCRIPTION:
Outlot D, THE WOODS AT HILLSIDE THIRD ADDITION, according to said plat on
file and of record in the office of the County Recorder, Sherburne County, Minnesota.
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