1. HANDOUT 04-06-2009STATE OF MINNESOTA
COUNTY CF SHERBURNE
The City oI' Elk River,
vs.
Petitioner,
Jay W. Maas; Brenda L, Maas flkla Brenda L.
Zimmerman; Dennis S. Galvin; Jody L, Galvin;
G. Craig Hawse and Melissa J. Howse as
Ca-Trustees of The Melissa J. Howse Revocable
Living Trust uldlt December 14, I998; The Bank
of Elk River; Bank of America, N.A.; Mortgage
Electronic Registration Systems, Inc.; Bell
America Mortgage LLC dlbla Bell Mortgage;
Chase Horne Finance LLC; National City
Mortgage Co.; First National Bank of Elk River;
U.S. Bank Home Mortgage; ~cel Energy, Inc.
flkla Northern States Power Company; Connexus
Energy flI~la Anoka Electric Cooperative flkla
Anoka County Cooperative Light and Power
Association; Great River Energy flkla Rural
Cooperative Power Association; County of
Sherburne; and all other parties having any right,
title, or interest in the subject properties and all
other persons claiming any right, title or interest
in the real properly,
Respondents.
IN DISTRICT COURT
TENTH JUDICIAL DISTRICT
Type of Case: Condemnation
Court File No. 71-CV-~S-Ib0
~T~PULAT~~~ FAR
SETTLEE~T
~PA.~~EL 1 ~iVI~.A~] }
IN THE MATTER OF THE CONDEMNATION OF CERTAIN
REAL PROPERTY LOCATED IN THE CITY OF ELK RIVER,
COUNTY OF SHERBURNE, STATE OF MINNESOTA
FOR THE 193r~ AVENUE N.W. EXTENSION PROJECT
T~~S STIPULATZ®N E®R ~ETTLE~ENT ~"Stipulation"} is made by and among the
Petitioner, the City of Elk River ~"City"}, and Respondents, Jay 'L~. Maas and Brenda L. Maas
flkla Brenda L. Zimmerman collectively "Maas"}, The City and Maas are collectively referred
to as the "Parties."
c c ti~,~~~
~Y~ ~
~I~I~~
12d61Q;2
RECITALS
A, Maas are the fee owners of the Real Property legally described on "EXH~BZT A"
attached hereto ~"Real Property"},
~. The City has commenced a condemnation action, Court File No. 71-CV-08-160
~"Lawsuit"}, to acquire the Real Property by condemnation under Minnesota Statutes
Chapter l I']'.
C. The Parties desire to settle any an all disputes relating to any damages due by the
City to Maas relating to the lawsuit and to avoid the time, risks, costs and uncertainty of
continued litigation.
~T~P~JLA.T~QN
N®w, THERE~`C~RE, EAR ~~®D V.ALVA~LE AND SUF~'~CZENT
CONSZI~ER,ATY~N, TE[E PARTIES STYPULATE AND A,~REE AS FALL®wS;
~. Compensation. For the City's taking of the Real Property and for any and all
claims that Maas have or may have in connection with the taking and relocation and
reestablishment expenses, the City shall pay Maas the total sum of Two Hundred Fifteen
Thousand and No1100 Dollars x$215,000.00} less the sum already paid of $116,500.00 for a total
additional payment of $98,500.00 fall sums herein are referred to collectively as the "Payment"}.
2. Release of Claims, Maas hereby absolutely and unconditionally release and
Deleted: and covenants not to sue
forever discharge the City and all of its elected officials, appointed officials, employees,_political _
subdivisions and agents ~"Released Parties"} from an lama es or claiaa~s arising out of this
. .
lama es or claims for relocation benefits as are
~~ ~
more s ecificall set fo~•tl1 in o this Sti uIatio ~ ~t~~s
12661q;2
2
"'ti,h.~~
~' • 1
. It is filr~tl~er agreed
that Res ondents have a~l•eed to a their own attol~l~e s' fees and costs out of the 1•oceeds
1•eceived ursualat to this Sti ulatian of Settlement al~d shall make no ful~the~• claims far these
k ~ , ~ Dei~$~; from and against any and all
a~alllSt P~titio- ne~•~ '~,~, ~i. ~ ~ ~~~'' '°' ~~~ ~ ~OSSe5, Ca5t5, lama es, liabili#ies actions
/~ - - ' ~ " - - ~ - suits
proceedings
clauns
_ . - ~
com
laints
~ ~
~
~
~lJ
~
~~
~~ l~ ~~
~
3. Ex ress waiver off' Relocation ~lalm. In addition to the above release of claims ,
,
,
p
,
char es '
g , judgments and executaans,
whether liquidated ox unliquidated,
known or unknown, suspected or
and in consideration of the Payment, Maas further fully and finally waive and release any claims unsuspected, that they have or may Dave
against the Released Parties arising from
against the Released Parties for relocation assistance, payments, services, and benefits under ar in any way relating to the Real
Property, This release includes but is not
limited to claims far attorneys' fees and
costs relating in a~iy way to the lawsuit
Minnesota Statutes Chapter 11?.SO through 127.56, the Uniform Relocation Assistance and Real andlar Minnesota Staines Chapter 117,
Property Acquisitions Policies Act of 1970, United States Code, Title 42, sections 4601 to 4655,
as amended by the Surface Transportation and Uniform Relocation Assistance Act of 19$7 and
the corresponding Federal Regulations 49 C.F.R, 24,1 through 24.603 collectively "Relocation
Benefits"), 1n connection with Maas' waiver and release of the Relocation Benefits, Maas
acknowledge and agree as follows:
3,1, They have consulted with their awn attorney regarding the availability,
type, and amounts of Relocation Benefts and have been advised by their own attorney
that no Relocation Benefits are required to be paid by the City.
3.2, They understand that they would have the right to submit a claim seeking
Relocation Benefits from the Released Patties and the right to a hearing on the Relocation
Benefts, and they are knowingly and voluntarily waiving the right to submit a claim or
have a hearing in connection with the Relocation Benefits,
3.3, Maas have reviewed the information attached hereto as "E~HxBIT B" and
are fully advised of the availability, type and amounts of Relocation Benefits that would
have been available but for the release and waiver herein,
1z~61a;z 3
3,4. In Iieu of presenting a claim for Relocation Benefits, Maas are accepting
the Payment as set forth above which Payment fully satisfies any claims for Relocation
Benefits.
3.5. They are not "Displaced Persons" as defined in the above referenced
statutes and regulations,
4. Dismissal of Lawsuit and ~~eal. The Parties shall forthwith execute all
documents necessary to dismiss the Lawsuit and hereby authorize and direct their attorneys to
provide to the Court a Stipulation for Dismissal with Prejudice.
5. ,Additional Terms,
5,~ emedies. This Stipulation shall be enforceable in and the_Parties herebyi_
submit to the jurisdiction ofthe Minnesota State Court in Sherburne County, Minnesota,
5.2 representation by Counsel. Each of the Parties hereto has received the
advice of independent counsel prior to signing this Stipulation, Each of the Parties
acl~nowledge that no other party, or agent or attorney of any other party, has made a
promise, representation, or warranty whatsoever, express ar implied, not contained
herein, concerning the subject matter herein, to induce the other party to execute this
Stipulation, This Stipulation is the result of negotiation and compromise between the
Parties and shall not be interpreted against either party an grounds of draftsmanship,
S.3 Execution. The individuals signing this Stipulation in a representative
capacity represent and warrant that they have full authority to do sa and no further
signatures are necessaly to effectuate the terms of this stipulation,
5.4 Time is of the Essence. The Parties agree that time is of the essence as to
each and every term of this Stipulation,
Deleted <#>Attorneys' Tees. In the
event of any dispute regarding the terms
ofthis Stipula~on, the prevailing party
shall be entitled to an award of its fees
and costs including, but not limited tn,
attorneys' fees incun•ed in connection
with any litigation regarding this
Stipulation.¶
Formatted: Bullets and Numbering
4
12b614;2
S.5 Counterparts, This Stipulation may be executed in multiple counterparts;
and upon execution by all Parties each executed counterpart shall be considered an
original,
5.6 Facsimile signatures. Facsimile signatures shall constitute valid, original
signatures,
Dated: , 2009
CYTY OF ELK R1VER, I~'IINNESQTA
B~' __
Stephanie Klinzing, Mayor
Attest:
Lori .lohnson, City Administrator
AS TO FORM;
II~ALKERSON C ILLILAND NIART~N I.LP
By'
Howard A, Roston ~#260460}
Peter D, Favorite ~#301036)
1900 U,S. Bank Plaza South
220 South Sixth Street
Minneapolis, MN 55402
Telephone: 612.344.1111
Attorneys for Petitioner,
T'he City of ilk .Ricer
Dated, , 2009
day ~, Maas
Brenda L. Maas ~'lkla Brenda L, Zimmerman
AS TO FORM;
LELAND J, FRANKMAN LA'LY ~FF~CE~
By;
Leland ~, Frankman ~#31562}
Harry A, Frankman ~#0310955)
2aao U.s. Bank Plaza
220 South Sixth Street
Minneapolis, MN 55402
Telephone, (612} 375-1600
Attorneys for Respondents,
Jay W. Baas and .Brenda ~.1~aas
5
I26b1Q;2
E~~~~T A
REAL PROPERTY
City of Elk RiveN vs, Jay W, Nlaa~s, et al,
Sherburne County District Court File No. 7 ~ -CV-08-160
PARCEL 1
PrD N0.75-12b-2101 Abstract Property
Property Address; 19384 Ulysses Street Northwest, Elk River, Minnesota
LAND ACQU~S~T~QN DE,SCRIPTI[}N
That part of the East Half of the Northwest Quarter of Sectian 2b, Township 33, Range 26, Sherburne
County, Minnesota which lies East of the west bb,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 fallowing described line;
Commencing at the Southwest corner of said East Half of the Northwest Quarter; thence North 00 degrees
21 minutes ~0 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 paint of beginning of said line to be hereinafter described; thence
Southeasterly, a distance of 12,45 feet, along a nan~tangential curve concave to the Southwest, having a
radius of 454.00 feet, a central angle of Ol 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 Sectian Twenty-six X26}, Township Thix~ty-
three X33), Range Twenty-six X26}, Sherbuz~ne Caunty, Minnesota lying South of the North 1848
feet thereof, lying East afthe west bb feet thereof, and lying west of the East S61 feet thereof
Which lies within the perpetual easements for sloping purposes described as follows;
A strip of land 30.00 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 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 paint of beginning of said line to be
Parcel 1 EXHIBIT A -Page 1
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 0l 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 454.04 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 of land is to extend by its full width from the East line of the West b6.00 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",
And Also:
A strip of land 12,00 feet in width, aver 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 Iine
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 17 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 "Paint C" to a line
which bears North 00 degrees 33 minutes 56 seconds East and passes through said above described
reference "Paint D",
And Also;
A strip of land 35,00 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 "Paint 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 paint 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 clang 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 "Paint D".
Parcel ~ EXHIBIT A -Page 2
And Alsa.
The Narth 35,OQ feet of the South 120,0 feet of said East Half of the Northwest Quarter, which lies
Easterly of a line which bears Narth 00 degrees 33 minutes 56 seconds East and passes through said
above described reference "Point D" and which lies west of the west Tine afthe East 56,00 feet of said
East Half of the Northwest Quarter,
Parcel Z EXHIBIT A -Page 3
E~~~ZT
RELQCATI4N ZNFQRMATIQN
~, ~~rr~~~~ a~~~
;~, ~~~~~n ~~t ~r~t~~~~~~cm a~~~vr~~~
~: ~.~d~~;r~t~a~. ~~ r~p~~c~~t ~f ~~~~~ ~h ~~~~ ~~~ ~~ ~~~
~~~.
t'~ 3J~~,~r~k ~~ ~1i.-§~ ~~ FIJI li~~'~E{[,~ r
~~1~&r
STATE OF MINNESOTA
COUNTY OF SHERBURNE
The City of Elk River,
vs.
Petitioner,
Jay's. Maas; Brenda L. Maas flkla Brenda L.
Zimmerman; Dennis S. Galvin; Jody L. Galvin;
G, Craig Howse and Melissa J. Howse as
Co~Trustees of The Melissa J. Howse Revocable
Living Trust uldlt December 14,1998; The Bank
of Elk River; Bank of America, N.A.; Mortgage
Electronic Registration Systems, Inc.; Bell
America Mortgage LLC dlbla BeII Mortgage;
Chase Home Finance LLC; National City
Mortgage Co.; First National Bank of Elk River;
U.S. Bank Home Mortgage; ~cel Energy, Inc.
fllsJa Northern States Power Company; Conne~us
Energy flkl a Anoka Electric Cooperative flkla
Anoka County Cooperative Light and Power
Association; Great River Energy fll~l a Rural
Cooperative Power Association; County of
Sherburne; and all other parties having any right,
title, or interest in the subject properties and all
other persons claiming any right, title or interest
in the real property,
Respondents.
IN DISTRICT COURT
TENTH JUDICIAL DISTRICT
Type of Case; Condemnation
Court File No. 71-CV-08-160
~T~PULAT~®N~ FAR
S~TTLEEN~T
(P~iRC~LS 3 AND 5 [CALVIN])
IN THE MATTER OF THE CONDEMNATION 4F CERTAIN
REAL PROPERTY LOCATED IN THE CITY OF ELK RIVER,
COUNTY OF SHERBURNE, STATE OF MINNESOTA
FOR THE 193ra AVENUE N.w, EXTENSION PROJECT
THX~ STIP~7LA,TZON FOR ~ETTLEIVIENT ~"Stipulation"} is made by and among the
Petitioner, the City of Elk River ~"City"}, and Respondents, Dennis S. Galvin and Jody L. Galvin
(collectively "Galvins"~, The City and Galvins are collectively referred to as the "Parties."
i2bb11
RECITALS
A.. Galvins were the fee owners of the Real Praperty legally described on
"EXHZBZT A" attached hereto ~"Real Property"}.
]~. The City has commenced a condemnation actian, Caurt File No. 71wCV-OS-160
~"Lawsuit"}, to acquire the Real Property by condemnation under Minnesota Statutes
Chapter 117.
C, The Parties desire to settle any and all disputes relating to any damages due by the
City to the Galvins relating to the lawsuit and to avoid the time, risks, costs and uncertainty of
continued litigation.
ST~PUL.AT~~~
New, THERE~`~RE, FAR ~~CD VALUADLE AID SUFE~C~ENT
C~N~XDERATZ®1V, THE PA.RT~E~ STIPULATE AN'D AGREE A~ F®LL~wS:
~, Compensation. For the City's taking of the Real Property and for any and all
claims that Galvins have or may have in connection with the taking and relocation and
reestablishment expenses, the City shall pay to the Galvins or deposit with the Court the total
sum of Three Hundred Sixty-five Thousand and No1100 Dollars x$365,000.00} less the sum of
$266,440.00 already paid by the City to the Galvins for a total additional payment of $95,600.00,
rn addition, the City will pay to the Galvins upon proper documentation the additional sum not to
exceed $2,900.00 relating to boarding of horses, Zn addition, upon providing receipts the City
will pay to the Galvins an additional sum not to exceed $2,100.00 for room and board if the
Galvins move to temporary housing during construction by the City fall sums herein are referred
to collectively as the "Payment"}.
2. Release of Claims. Galvins hereby absolutely and unconditionally release and
Deleted: and covenant not to sue
forever discharge the City and all of its elected officials,_ appointed_officials, employees, political
lzh~~x 2
subdivisions and agents ("Released Parties"} from an dalxla es or clain~s arisin:~ out, of this
oln ' ol• lama es or claims far relocation benefits as are
' ~~~
. ~ .
more s eclficall set fortla in ~- ~ of tlals Stl ulatian etms~t
' ' . It is ful•ther a
that Respo~~del~ts have agreed to pa~~7eir awn, attol•laeys' fees and costs out of the ,proceeds
received ursuant to this Sti ulation of Settlement and shall make no further claims for these
against Petitioner~~'~~~ ~~~1~ ~t~ ~~ ~~~~ ~r Q f /
3. Express Waiver of Relocation Claim. In addition to the above release of
claims, and in consideration of the Payment, Galvins further fully and finally waive and release
any claims against the Released Parties for relocation assistance, payments, services, and
benefits under Minnesota Statutes Chapter 117.50 through 117.56, the Uniform Relocation
Assistance and Real Property Acquisitions Policies Act of 1970, United States Code, Title 42,
sections 4601 to 4655, as amended by the Surface Transportation and Uniform Relocation
Assistance Act of 1987 and the corresponding Federal Regulations 49 C.F.R. 24.1
through 24,603 collectively "Relocation Benefits"}, Zn connection with Galvins' waiver and
release of the Relocation Benefits, Galvins acknowledge and agree as follows:
3.1. They have consulted with their own attorney regarding the availability,
type, and amounts of Relocation Benefits and have been advised by their own attorney
that no Relocation Benefits are required to be paid by the City.
3.2. They understand that they would have the right to submit a claim seeking
Relocation Benefits from the Released Parties and the right to a hearing on the Relocation
Benefits, and they are knowingly and voluntarily waiving the right to submit a claim or
have a hea~.•ing in connection with the Relocation Benefits,
DeC~ted: from and against any and all
1DSSe5, cDSt5, damages, Iiahillttes, aetlOnS,
suits, proceedings, claims, complaints,
charges, judgments and executions,
whether Iiquidated or unliquidated,
known Dr unknown, suspected or
unsuspected, that they Dave or lnay have
against the Released Parties arising from
or in ally way relating to the Real
Property. This release includes but is not
limited to any claim for attorneys' fees
and costs relating in anyway to the
lawsuit andlor Minnesota Statues Chapter
117.
3
Iz~611
3,3. Galvins have reviewed the information attached hereto as "EXHIBIT B"
and are fully advised of the availability, type and amounts of Relocation Benefits that
would have been available but far the release and waiver herein,
3.4. In lieu of presenting a claim for Relocation Benefits, Galvins are accepting
the Payment as set forth above which Payment fully satisfies any claims for Relocation
Benefits.
~,5. They are not "Displaced Persons" as defined in the above referenced
statutes and regulations.
4. D~m~ssal o#' __Lawsuit and Appeal. The Parties shall forthwith execute all
documents necessary to dismiss the Lawsuit and hereby authorize and direct their attorneys to
provide to the Court a Stipulation for Dismissal with Prejudice,
5. Additional Terms.
4•.
5,t emedies. This Stipulation shall be enforceable in and the Parties hereby_
submit to the jurisdiction of the Minnesota State Court in Sherburne County, Minnesota,
5.z representation by Counsel, Each of the Parties hereto has received the
advice of independent counsel prior to signing this Stipulation, Each of the Parties
acknowledge that no other party, or agent or attorney of any other party, has made a
promise, representation, or warranty whatsoever, express or implied, not contained
herein, concerning the subject matter herein, to induce the other party to execute this
Stipulation. This Stipulation is the result of negotiation and compromise between the
Parties and shall not be interpreted against either party on grounds of draftsmanship,
5.3 Execution. The individuals signing this Stipulation in a representative
capacity represent and warrant that they have full authority to do so and na further
signatures are necessary to effectuate the terms of this Stipulation,
Deleted: <#~Attorneys' )fees, In the
event of any dispute regarding the terms
of this Stipula~on, the prevailing party
shall be entitled tq an award of its fees
and costs including, but not limited ta,
attaxneys' fees incurred in connection
with any litigation regardvng this
Stipulation,
Formatted: Bullets and Numbering
1Zd611 4
5.4 Time is o~ the Essence. The Parties agree that time is of the essence as to
each and every term of this Stipulation.
5.5 Counterparts. This Stipulation maybe executed in multiple counterparts;
and upon execution by all Parties each executed counterpart shall be considered an
original.
5.6 facsimile signatures. Facsimile signatures shall constitute valid, original
signatures.
Dated; , 2009
CITY OF ELK ~NER,IVIINNES4TA
By:
Stephanie ~~linzing, Mayor
Attest:
Lori Johnson, City Administrator
AS TO FORM:
NZALKERS~N CxILLILAND I~ART~N LLP
By'
Howard A, Raston (#260460}
Peter D. Favorite ~#301036}
1900 U.S, Bank Plaza South
220 South Sixth Street
Minneapalis, MN 55402
Telephane; 612,344,1111
Attorneys for Petitx'oner,
The City of EZk River
Dated: , 2009
Dennis S. Galvin
Jody L. Galvin
AS TO FORM:
LELAND J. ~'RANKMAN LAV4' OFFICES
By'
Leland J. Frankman ~#31562}
Harpy A. Frankman ~#0310955}
2000 U.S. Bank Plaza
220 South Sixth Street
Minneapolis, MN 55402
Telephone: (612} 375-1600
Attorneys for Respondents,
Dennis S'. Galvin and Jody L. Galvin
~2~6iz 5
EH~~~T A
REAL PRQPERTY
City of Elk RiveN v~, Jay ~; Galvin, et al
Sherburne County District Court File No, 71-CV~08-160
PARCEL 3
PID N0.75-I26-I405 Abstract Property
Property Address. I9253 Tyler Street Northwest, EIk River, Minnesota
LAND ACQUZSIT~ON DESCRIPT~4N
All that part of the South Half of the Northeast Quarter of Sectian 26, Township 33, Range 26, Sherburne
County, Minnesota which Iles Southwesterly of a line drawn parallel with and distant 50,00 feet
Northeasterly of the following described Line:
Commencing at the Southwest canner of said South Half of the Northeast Quarter; thence North
p0 degrees 20 minutes 50 seconds East, an assumed bearing along the West line of said South Half of the
Northeast Quarter, a distance of 52,88 feet to the paint of beginning of said line to be hereinafter
described; thence South 8I degrees 39 minutes IO seconds East, a distance of 166,94 Feet; thence Easterly
and Southeasterly, a distance of 452,1 I feet, along a tangential curve concave to the Southwest, having a
radius of 1040,00 feet and a central angle of 25 degrees 54 minutes I4 seconds and said Line there
terminating,
A perpetual easement for sloping purposes aver and across that part of the following described property:
That part of the South Half of the Northeast Quarter (S II2 of NE 114} of Sectian Twenty-six (26},
Township Thirty-three (33}, Range Twenty-six (26}, Sherburne County, Minnesota described as
follows:
Commencing at the Southwest earner of the said South Half of the Northeast Quarter (S I12 of
NEI14}; 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, I2} feet; thence
North and parallel with the North and South Quarter line of said Section Twenty-six a distance of
Twa Hundred and Eight and Seven Hundred and Eight Thousandths (208.708} feet; thence West
and parallel with the said East and Vest 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 30,00 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
aline drawn parallel with and distant 50,00 feet Northerly of a line described as follows:
Parcel 3 E~HIBZT A -Page 1
Commencing at the Southwest corner of said South Half of the Northeast Quarter; thence North
00 degrees 20 minutes 50 seconds East, an assumed bearing along the West line of said South
Half of the Northeast Quarter, a distance of 52,88 feet to the point of beginning of said line to be
hereinafter described; thence South $ I degrees 39 minutes I O seconds East, a distance of 166.94
feet; thence Easterly and Southeasterly, a distance of 452.I1 feet, clang a tangential curve
concave to the Southwest, having a radius of 1000,00 feet and a central angle of 25 degrees
54 minutes I4 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 349x00 feet East of said West line of the South Half of
the Northeast Quarter,
Parcel 3 EXHIBIT A -Page 2
PARCEL 5
PID N0, 75~12b-4201 Abstract Property
Property Address: 19253 Tyler Street Northwest, Elk River, Minnesota
LAND ACQU~SZT~~N DESCRrPT~~N
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 aver said Northwest Quarter of the Southeast Quarter, the centerline
of which is described as follows;
Commencing at the Southwest career of the South Half of the Northeast Quarter of said Section 2~;
thence North 00 degrees 20 minutes 50 seconds East, an assumed bearing along the VLjest line of said
South Half of the Northeast Quarter, a distance of 52.$8 feet to the point of beginning of said line to be
hereinafter described; thence South Sl degrees 39 minutes 10 seconds East, a distance of 1~G,94 feet;
thence Easterly and Southeasterly, a distance of 452,11 feet, along a tangential curve concave to the
Southwest, having a radius of 1000,00 feet and a central angle of 25 degrees 54 minutes 14 seconds;
thence South 55 degrees 44 minutes 5~ seconds East, tangent to said last described curve, a distance of
1193.23 Feet to the Northwesterly right of way Line of County State Aid Highway Na.13 and said
centerline there terminating,
Said strip of land is to extend by its 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 corner of said Northwest Qua~~ter 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 hereina~er 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 aver, across and under the fallowing described
property.
That part of the Northwest Quarter of the Sautlaeast Quarter of Section 26, Township 33,
Range 26, Sherburne County, Minnesota described as follows:
Beginning at the Northwest corner 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 northeast corner 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.
Parcel 5 EXHIBIT A -Page 3
~Nhich lies within the perpetual easements far drainage and utility purposes described as fallaws;
That part of the Northwest Quarter of the Southeast Quarter of Section 26, Township 33,
Range 26, Sherburne County, Minnesota, which Iles South of the South line of the North 274.04
feet of said Northwest Quarter of the Southeast Quarter and which lies Northeasterly of a line
drawn parallel with and distant 50,40 feet Northeasterly of a line to be hereinafter referred to as
"Line A" and described as fallaws:
Commencing at the Southwest corner of the South Half of the Northeast Quarter of said
Section 26; thence North 00 degrees 20 minutes 50 seconds East, an assumed bearing along the
West line of said South Half of the Northeast Quarter, a distance of 52,$8 feet to the point of
beginning of said line to be hereinafter described; thence South 81 degrees 39 minutes 10 seconds
East, a distance of 166.94 feet; thence Easterly and Southeasterly, a distance of 299.83 feet, clang
a tangential curve concave to the Southwest, having a radius of 1404,00 feet and a central angle
of 17 degrees 10 minutes 44 seconds to a paint to be hereinafter referred to as "Point B"; thence
continuing Southeasterly clang the extension of the last described curve, a distance of 152.28 feet
and having a central angle of 08 degrees 43 minutes 30 seconds; thence South 55 degrees
44 minutes 56 seconds East, tangent to said last described curve, a distance of 14,33 feet to a
paint to be hereinafter referred to as "Paint C"; thence continue South 55 degrees 55 minutes
56 seconds East, a distance of 1193.23 feet to the Northwesterly right of way line of County State
Aid Highway Na,13 and said centerline there terminating.
And Alsa:
That part of said Northwest Quarter of the Southeast Quarter which lies Southerly and Southwesterly of a
line drawn parallel with and distant 54,00 feet Southerly and Southwesterly of said above described
reference "Line A", and which lies Northwesterly of a line which bears South 34 degrees 1 S minutes
04 seconds Vest and passes through said above described reference "Paint B", and which lies Northerly
of a line described as follows:
Commencing at the Northwest corner 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 300.00
feet to the point of beginning of said line to be hereinafter described; thence Easterly, parallel with the
North line of said Northwest Quarter of the Southeast Quarter, a distance of 400.00 feet and said line
there terminating,
And Alsa:
That part of said Northwest Quarter of the Southeast Quarter which lies Southerly and Southwesterly of a
line drawn parallel with and distant 50.00 feet Southwesterly of said above described reference "Line A",
and which lies Southeasterly of a line which bears South 34 degrees 1S minutes 44 seconds West and
passes through said above described reference "Point C", and which lies Easterly and Northerly of a line
described as follows:
Commencing at the Northwest corner 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 300.04
feet; thence Easterly, parallel with the North line of said Northwest Quarter of the Southeast Quarter, a
distance of 400.00 feet to the paint of beginning of said line to be hereinafter described; thence Southerly,
Parcel 5 E~HB~T A ~ Page 4
parallel with said west line of the Northwest Quarter of the Southeast Quarter, a distance of 272.00 feet;
thence Easterly parallel with said North line of the Northwest Quarter of the Southeast Quarter, a distance
of 902.93 feet to the East line of said Northwest Quarter of the Southeast Quarter and said line there
terminating,
And also which lies within the perpetual easements far 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 a Tine which bears South 34 degrees 15 minutes
04 seconds west and passes through said above described reference "Point B" to a Tine which bears South
34 degrees I S minutes 04 seconds West and passes through said above described reference "Point C",
And also;
A strip of land 30.00 feet in width, aver 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 of Iand 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 Iine drawn parallel with
and distant 17b.00 feet South of said North line of the Northwest Quarter of the Southeast Quarter.
Parcel 5 E~H~.BZT A -Page 5
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