9.5. SR 12-16-1996ITEM 9.5.
ity of
iver
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Ach, City Planner~f~.~
Steve
December 16, 1996
Request for Preliminary and Final
Plat Approval by Tom and Sara
Hartman, Case No. P 96-14
Issue
Consider preliminary plat for Fox Haven Commercial, subdividing 4.5
acres into 3 commercial lots.
Consider Resolution No. 96-__, granting final plat approval for Fox
Haven Commercial by Tom and Sarah Hartman
Location
The northwest corner of U.S. Highway 10 and the new Joplin Street/service
road alignment.
Zoning/Land Use
C4 (Neighborhood Commercial) / CC (Community Commercial)
Attachments
· Memo from Terry Maurer dated 12/12/96
· Location map
· Zoning map
· Preliminary/final plat
· Resolution No. 96- , granting final plat approval
Background
This past March, the City Council rezoned the subject 4 acres from Rlc
(Single Family Residential) and R2b (Two-Family Residential) to C4
(Neighborhood Commercial). The rezoning was based on road improvement
plans that were being prepared by Terry Maurer's office for the extension of
the Joplin Street/north service road lying north of Highway 10. The
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council/P96-14 Page 2
December 16, 1996
alignment of the proposed service road divided the Guardian Angels and
Hartman's property naturally creating an area between Highway 10 and the
service road which would be conducive to commercial uses. Therefore, the
rezoning was approved by the City Council with the intent of having it
subdivided at a later date.
Overview
The preliminary plat actually involves property owned by Tom and Sara
Hartman as well as the Guardian Angels. However, the Guardian Angels is
in the process of selling their approximately 1 acre of property to the
Hartman's who will then become the sole owner's and developer's of the 4
acre parcel. The preliminary plat also includes the right of way for the
Joplin Street/service road alignment. This roadway was originally acquired
through easements granted by the Guardian Angels and Tom and Sara
Hartman. Platting the right of way will provide clear documentation as
opposed to a written description of an easement that has been recorded with
the County. The right of way as platted will provide quick reference for any
future questions that may arise and for planning purposes when the
Hartmans and Guardian Angels come forward with future development
plans.
Lot Size
The three lots proposed as part of the plat are all approximately an acre and
one-half in size. The minimum lot size in the C4 district is one acre with a
minimum amount of frontage of 150 feet. All three lots well exceed this
requirement for platting purposes.
Access/Roads
All three lots will be required to have access off the Joplin Street/service road
that is under construction. No direct access to Highway 10 will be allowed as
is typically required by Mn/DOT. Staff has discussed with the Hartmans and
their attorney possible scenarios on how the property will be ultimately
developed. During these discussions, the idea of a common entrance between
Lots 2 and 3, as well as another entrance along the west side of Lot 1 may
provide sufficient access to this development. As with most commercial
developments the location and number of access points onto the service road
will be an issue that will need to be closely reviewed when an overall
development plan is submitted. However, at this time it is envisioned two
access points will be appropriate with others evaluated at a later date.
s:\council\p96-14.doc
Memo to the Mayor and City Council/P96-14
December 16, 1996
Existing Home
Page 3
It is staffs understanding that the existing home, garage and shed that are
located on Lot 2 will be removed within the next year. A condition of this
plat will be that these structures be removed prior to any development of Lot
2. The existing well and septic system will also have to be removed and/or
properly capped prior to development.
Drainage/Utilities
The proposed plat will be required to provide storm drainage ponds to
accommodate the runoff from future development. It just so happens that
this development will provide its storm drainage needs on the north side of
the service road outside of the hmits of the plat. There is nothing saying that
the storm drainage pond needs to be provided on site, it is just required that
the pond be sized accordingly to accommodate the development of this area.
Please refer to the attached memo from Terry Maurer regarding additional
information on the utilities and storm drainage.
Existing Trees
The property does have existing trees scattered throughout. It appears as
though the trees are a mixture of conifers and deciduous trees. Since the site
is relatively fiat with minimal rough grading to develop the property, the
trees could be incorporated as part of future development plans. Therefore, it
would be recommended the trees be saved during rough grading of the site.
Recommendation
It is recommended the City Council approve the following:
ho
Prehminary plat request to subdivide approximately 4 acres into 3
commercial lots with the following conditions:
Recommendations from Terry Maurer's memo dated 12/12/96 be
incorporated into the prehminary and final plat.
o
The appropriate street name be identified for the north frontage
road and incorporated on the final plat.
°
Access to U.S. Highway 10 from any of the three lots in the plat
shall be prohibited.
The existing structures on Lot 2 be removed prior to any
development of this site.
s:\council\p96-14.doc
Memo to the Mayor and City Council/P96-14
December 16, 1996
Page 4
Any existing wells on site be capped and existing septic systems
be pumped, filled with sand and/or appropriately removed.
o
A storm drainage pond designed and sized accordingly be
provided to accommodate the development of the proposed plat.
Storm drainage calculations shall be provided for the City
Engineer to review and approve prior to recording the plat.
Park dedication in the amount of $7,000 be paid prior to
recording the plat with Sherburne County.
o
Surface water management fee in the amount of $2,966.40 be
paid to the city prior to recording the plat with Sherburne
County.
A water availability charge in the amount of $900 be paid to Elk
River Utilities prior to recording the plat with Sherburne
County.
10.
The primary access to Lots 2 and 3 be located along the common
lot hne with any other access points reviewed at the time of a
specific development proposal.
11.
The existing trees on site be saved and incorporated with future
development proposals.
12.
The recorded easement along Highway 10 providing access to
the Guardian Angels' property be vacated prior to the final plat
being recorded.
Resolution No. 96-__, granting final plat approval of Fox Haven
Commercial with the conditions outhned in the resolution.
s:\council\p96-14.doc
DEC-12-1996
1326 Energy Park Driv~
SL Paul, MN 55108
612-644-4389
1-800-888-2923
Fax; 612-644,9~46
15:51
December 12, 1996
F~e: 230-352-11
Mr. Steve Ach
City Planner
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: FOXHAVEN COMMERCIAL ADDITION
Dear Mr. Ach:
P.03×04
CIVIL ENGINEERING:
EN¥1RONM[NTAL
MUNICIPAL
~NNINO
SOUD WASTE
STrUCTUrAL
SURVETING
/RAFFIC
TRANSPORTATION
ELECTRICAL/MECHANICAL
ENGINEERING:
HVAC
POWER DISTRIBUTION
SYSTEM CONTROts
OFFICE5 IN:
'NNEAPOIIS
PRIOR LAKE
ST. PAUL
WASECA
As requested, we have reviewed the submittal package for the Fox.haven Commercial
Addition. The package consisted of a prelhninary plat prepared by John Oliver &
Associates, dated November 20, 1996, a sketch plan prepared by John Oliver &
Associates, dated December 4, 1996, and drainage calculations. Based on our review and
comments received at the staff review meeting, we would otter the following comments:
A. PRELIMINARY PLAT
The preliminary plat creates three lots approximately 1.5 acres in size. The
middle lot currently contains a house, garage, and a shed. We believe the plat
can be recorded with these structures in place, but before any site plan is
considered for this particular lot, the house, tbundafion, well, and septic system
will need to be removed and/or abandoned. We believe the current renter
intends to move the house from the site. This will leave the foundation to be
removed. The well will need to be abandoned according to Health Department
regulations. According to City Ordinance, the septic tank will need to be
pumped, crushed, and filled.
There is a note at the bottom of the sheet that refers to an access agreement
from Highway 10 to Guardian Angels, which cuts through Lots 1 and 2. A
condition of final plat should be that this easement be vacated.
· The City will need to determine the proper road name for the frontage road.
Currently, the prelhninary plat contains three names.
· As shown on the preliminary plat, it is appropriate that this plat also include ail
of the right-of-way for the service road.
As part of the improvements which are currently underway, the access to Trunk
Highway 10 from the house located on Lot 2 will be removed. There has been
an agreement executed which extingUishes the rights of the owner to have access
to Trunk Highway 10.
An Equal Oppormniv/Empl0YCr
DEC-12-1996 15:52 P.04/04
Mr. Steve Ach
December 12, 1996
Page Two
B. SKETCH PLAN
The drainage calculations submitted indicate enlarging the pond located north
of the service road to provide for quality control from the runoff from these
three lots. The drainage calculations are adequate and the proposed addition to
the pond is properly sized. The property owner should provide the City a larger
easement to encompass the larger pond.
There arc hydrants and catch basins proposed in the fi'ontage road, some of
which have already been constructed, the remainder of wl'fich will be installed
in the spring of 1997, that may conflict with driveway locations. If at all
possible, an internal layout of the three lots showing driveway locations should
be accomplished before spring, so any modifications to the locations of the
facilities within the service road can be made prior to this installation.
The internal storm drainage is collected by catch basins and small diameter pipe,
and conveyed to the storm sewer in the service road at several locations. It
should be pointed out that, each lot is not free-standing as far as drainage. For
instance, a portion of Lot 1 drains to Lot 2, and is picked up in storm sewer
located in Lot 2. The question this raises is who will own and maintain the
storm drainage on these three lots? Will there be some type of association, or
will it just be a requirement of Lot 2 to maintain the storm sewer because it falls
within their boundaries, even though it takes drainage from Lot 1.
There are small stands of trees shown on the sketch plan. Ir is not clear from
this plan whether any of the trees will be saved, or whether any of the trees are
of the quality that should be saved.
The sketch plan does show access internally from one lot to the other.
However, it is not the easiest access. We believe this is a concept that should
be carried forward to the development of these three iots, and some thought
should be given as to how that will be accomplished at this point in time, prior
to receiving site plan proposals for each of the three lots.
If you have any questions regarding any of the above comments, please call.
Sincerely,
MSA, CONSULTING ENGINEERS
Terry J. q~aurer, P.E.
TIM:pd:352.n 14.dec
PARK
LOCATION
ORONO
coonl
F~d
ZONING
o~ MAP
R ver
13065 OrOnO Parkway ' P'O' BOx 490Elk River, MN 55330 CASE: 'P%' ~ 4
ORONO
City Of Elk River
FOX HAVEN COMMERCIAL MN
Drainage and Utility Easements are
shown thus:
ii
~o L. _ ].-
1 1
Being 10 feet in width and adjoining
right-of way lines, unless otherwise
indicated, also being 5 feet in width
and adjoining tot lines, unless other
1
't
R~2179-33
I,
Bearings shown are based on the west
line of SW I/4 of Sec. 52, Twp. 55,
Rng. 26, having on assumed bearing
of South 0°48'5¢ East.
NOTE: The above bearing system being
the same that is used for the Torrens
descriptions hereon. The City's easement
descriptions ore on o different "basis".
To convert the City's bearings to those
used hereon, subtract 0°[2'3T' in the
NE and SW quadrants, and add 0°12'57``
in the NW and SE quadrants.
O Denotes I/2 inch x 14 inch iron
monument set with o plastic cop
marked R.LS. number 8194.
· ~)Denotes County section monument found
O Denotes Judici01 Landmark [JLM) set
pursuant to Tartans File No C2 88 i087
VICINITY MAP I
1
Z__~ L .... x
SCALE IN
NOTE: Access Easement to Hwy 10 from
needed with thw opening of the new
roadway shown hereon Also access onto
Hwy 10 is "extinguished" via Torrens
Document NO IgSll. We recomend thor
access easement be conveyed bock to
Hortmon.
I inch = 60 feet
180
FEET
Sheet 3 Of 3 Sheets
See Sheets I and 2 for proposed plot
dedication and legal descriptions
Subject to change upon receipt of
tiUe in formation
Areas 7.24 Ac+/ in plot.
4.47 Ac+/- in lots.
OWNER & DEVELOPER:
Thomas Her tmon
~8675 Macon Street
Guardian Angels Foundation
400 E¥ons Avenue
44I 4292
SURVEYORS & ENGINEERS:
.John Obver ~ Associates, Inc.
MINIMUMS: WIDTH:
DEPTH:
Denotes Building Setbacks:
from County Rood Right Of-Way
DATE: 1 1/20/96
BK/PG: 162/27 & LL
)RAWN BY: SLF
)HECKED BY: JO
DWO FILE: SP-HART
TEXT FILE: PLATS #3 :/HARTMAN
REVISIONS:__
I hereby certify that this plan was
prepared by me or under my direct
supervision and that I orr, ~ duly
Registered Land SuP/eyor under the
lows of the State of Minnesota.
Signed:
Dote: 111'20/96 Lic. No 8194
Jot~ Oliv~ & Associates, Ina.
FOX HAVEN
COMMERCIAL
ELK RIVER, MN
FOR
THOMAS HARTMAN
PRELIMINARY
ADMINISTRATIVE SUBDIVISION
F
I
F,F. ~EV ~.0 ~.5
I I
POND TO BE CONSTRidCTED
~-- BY ~THERS '
RESOLUTION NO. 96 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
FOX HAVEN COMMERCIAL
Case No. P 96-14
WHEREAS, application has been made for final plat approval, pursuant to
Section 1008.08 (1)(c) of the Elk River City Code of Ordinances, of the property
legally described on attached Exhibit A and hereinafter referred to as "the
Property"; and
WHEREAS, the application for preliminary plat approval has been referred
to the Planning Commission which has given its advice and recommendation to
the City Council; and
WHEREAS, a preliminary plat of the Property was approved by the City
Council on December 16, 1996; and
WHEREAS, the proposed final plat is consistent with the preliminary plat
as approved by the City Council; and
WHEREAS, the proposed final plat complies with each of the conditions
set forth by the City Council in its approval of the preliminary plat of the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELK RIVER, as follows:
It is hereby determined by the City Council for the City of Elk River as
follows:
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
The proposed subdivision is consistent with all applicable general
and specialized city, county, and regional plans including, but not
limited to, the City's Comprehensive Development Plan.
siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
Do
The proposed subdivision makes adequate provision for water
supply, storm drainage, sewage transportation, erosion control and
all other services, facilities and improvements otherwise required
herein.
The proposed subdivision will not cause substantial environmental
damage.
Fo
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
The officers of the City are hereby authorized, once the conditions set
forth in Exhibit B are met and complied with, to sign the final plat for the
Property and to issue a certified copy of this Resolution giving final
approval of the plat.
The owner of the Property is authorized to record the final plat as required
by law and shall file proof of said recording with the City. No building
permits will be issued for the Property until the final plat is recorded.
This final plat approval shall expire two years from the date of this
resolution if the final plat is not recorded within that time.
Tl',e foregoing
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
The following voted against the Resolution:
The following were absent:
frm-flpt
Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this ~ day of
,1996.
Henry Duitsman, Mayor
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
1, the undersigned, being the duly qualified and acting Clerk of the City of
Elk River, Minnesota, hereby certify that the above resolution is a true and
correct copy of the resolution as adopted by the City Council of the City of Elk
River on ,1996.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this ~ day of ,1996.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Sandra Thackeray, City Clerk
The foregoing instrument was acknowledged before me this day of
, 1996, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
Notary Public
frm-flpt Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ day of
, 1996, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
Page 4
EXHIBIT A
I~NOW ALL MEN BY THESE PRESEI~I'S: That Thomao E. Hart.m~n and Sara S. Hart.man, husband and v~o, fee owners; end TCF Bank Idinnoeota FSB, succesoor tn
interest to Twin City Federal Savings and I~&n A~sociabon. a U.S. Corporation. mortgagee; ~nd ~e ~rst Notional ~nk of Elk River. a National
Association, morasses; of the followm~ described property situated i~ the State. ot ~mn~ot~. County of S~erburtte. to-wit:
(AB~ PROPERS):
~ ~at pert of the followini described pro~rty lyin~ southwes~rly of "~ne C' to' be here~after described:
All that pert of the No~hwest Quarter of Section 32. To.ship 33. R~nge 26. Sberb~e ~unty. Rinnesota. I~ng northerly of ~e Northerly line of
the right-of-way of U.S. Highway No. 10; l~n~ southerly of the ~utherly shore line of ~ke Orono; and I~n[ easterly of the foHowinl described
~ne ~1:
Smd ~ne Jl bein~ desc~bed as Commenci~ at the Southwest corner of said Northwes~ Quarter; thence North 69 deRrees 16 minutes 46 seconds
E~st alon~ the Sou~ line of said Southwest ~uarter for 681.14 ~ee[: thence Nor~ I de~ree 48 minutes 00' seconds Wes~ for ~.63 feet. more
or less. to intersect smd Northerly I~e of the highway right-of-way, sald po~t of Interaction also bei~ the actual Point Of
of auld ~ne ~1 to be hereby described; thence contlnue North I degree 46 minutes O0 seconds West alon~ said ~ne ~1 (said ~ne ~1 beln~ marked
~th Judicial ~ndmarks set pursuant to Torrens File No. CE-86-1067) for approximately 1073 feet to intersect with and terra,ate said ~ne
Jl at said Southerly shore line of ~ke Orono.
For the purposes of the a~ve desc~ptions the West line of the Son,west Quarter of said Section 3~ Js assutned to be~ Sou~h 0 degrees 48 minutes
31 seconds ~st.
AND (TORRENS
~1 that part of ~e following described property lyln~ sou~erly of "~ne D" to be hereinafter desorlbed; and ly~R southerly of a line 4~.00 fee~
northerly of. as measured at right an~les to. and parallel wl~ ."~ne ~ (and the easterly extension thereof) to be hereinafter described; the
easterty end of s~d parallel ~ne to begin at 'Point ~ to be hereinafter described:
P~CEL
~at pert of the No~hwest Queer of Section ~. Towns~p 33. R~ge 26. ~erburne ~ty. Minnesota. described as Commencing at the Southwest
corner of said No~bwes~ Quarter; thence North 69 desrees. 18 minutes. 46 seconds East alon~ the ~u~ line of said Northwest Q~arter lot
367.66 feet to a ~int to be hereafter known ~s Point 'A' for the p~ones of th~ description; ~ence continue North 89 de,tees. 16 minutes.
4~ seconds E~st alon~ ~aid Sou~ linc for 313.48 feet; thence North I degree.' 46 minutes. ~ seconds Wes~ for 90.63 feet. more or less, to
~tersect t~.e Northerly Hne of ~e ~[ht-of-way of U.S. ~hway No. 10. said point of intersection also be~ the actual Point Of Beginning
of the land to be hereby described; thence con~ue Nor~ I de~ree. ~ mlnutes.'O0 seconds West for approximately 1827 feet to intersect the
thread of ~e ~k River; thence ~esterly ~lon~ said t~ead o~ the ~k River to intersect a line bee~ng North I degree. 48 minutes. O0 seconds
West from said Point 'A"; ~ence South I degree. 48 ~utea. O0 seconds East for approximately 18~9 feet to inters~t said Northerly bna of
~e highway r~ht-of-way, said lot point of Interaction a~o be~ · distance of 33.84 feet. more or less. no~ of s~d Point 'A' as
measured ~ou~ said line ~g North I delrue. 48 minutes. ~ seconds West; ~ence no~eas~rly aloni s~id highway r~ht-of-way.
non-tan$enU~l cu~e concave to the nor~. radius 2179.33 feel for a central ~le of 8 degrees. ~1 m~utes. 19 seconds. ~nd length 317.81
feet. more or less. to ~e Poln~ Of Be~g. For ~e purposes of this desc~p~on the West line of the Southwest Qunrt~ of said S~tion
3Z is a~ed to be~ South 0 de~r~s. 48 minu~a. 31 seconds ~st. The ~undaries of the pre~ses herein desc~d are as delineated by
judJci~ l~arks ~ the ~n~l Ce~icate of S~ey ~ttached to Order
~D (~RRKNS PROP~):
All ~t ~ of the fOllO~[ desc~bed p~perty ly~ southerly of a ~ne 45.00 feet northerly of. ~s measured at ~ght angles to. and 'parallel
wi~h '~ne ~ to ~ hereinafter described:
P~CEL ' ~;
That pa~ of ~e No~hwest Qu~er of ~c~on ~. Towns~p 33. ~nge ~6. Sherbu~e County. M~neso~. desc~bed ~s Commencln~ at ~e Southwest
corner of said No~hwest Qu~er; thence No~h 89 de,tees 16 ~utes 46 seconds East ~ong the South line o~ ~ld Northwest ~u~er tor 367.66
feet to a point to be harsher kno~ ~ Point 'A' for the pu~es of ~is desc~ptlon; thence North I de~ree 48 minutes O0 seconds Wes~ for
33.~ feet. more or less. to ~tersect ~e Nor~erly line of ~e ~ght-o~-way of U.S. Highway No. 10. said po~t of intersection also being
the actual Point Of Be~ln~R of the l~d to be hereby desc~bed; thence con~ue No~ I degree 48 minutes O0 seconds West for approximately
18~9 feet to ~tersect the thread of the Elk ~ver; thence w~terly along s~d thread of the Elk ~ver to intersect the West line of s~d
Northwest Quarter of Sec~on 3R~ thence South 0 de. tees 4~ minutes ~0 seconds East along said ~est line of ~e Northwest Quarter for
approximately 1905 feet to intersect said No~herly I~ne of the ~ghway r~ht-of-way. ~ld last point of inte~ection also being a distunce
of 22.85 feet. more or less. no~ of said Point Of Co~enoemen~. as mass.ed ~lont sa~d West Hne of the No~hwest ~u~er; thence North 89
degrees ~ minutes 4~ seconds E~st ~ong said highway ~ght-of-way for 114.11 feet; thence continue easterly alon~ said h~ghway right-of-way
beini a t~entl~ cu~e concave to ~e no~h. ra~un ~179.33 feet. for a central a~ie of 6 degrees 39 minutes 36 seconds, and length 253.33
feet. more or le~. to the Point Of Beg~nin~ For the pur~ses of ~ls description ~e W~ line of the ~uthwes[ ~u~rter of said Section
32 is a~ed to bear South 0 de,tees. 46 ~nu~ea. 31 seconds EesL
To~e~ber ~th the East Z4 feet of the Sou~ 975 feet; ~d the East 20 feet of the No~h 30 fee~ of the Sou~h 1005 fee~; all (being part)
the Northe~t Quarter of ~ction 31. said Township 33. ~n~e ~6. ~id County and State.
Excepting therefrom all tha~ part of smd ~st ~4 feet of the Sou~h 97~ feet t~en for said U.S. Highway No. 10.
~o to~ether ~th aH ~at ~rt of the East 191 feet of said East Half of the Northe~ ~ua~e~ of Section 31 l~n~ southerly of s~id thread
of the Elk River. tad 1~ no~h of the No~ ~ne of smd ~u~h 1~ feet of ~e Eas~ Half of the Northeast Qua~er. The bound~es of the
premises herein described ~e as del~ea~ed by )udicial I~dmarks in the Final Certificate of Sudsy attached to Order
AND (AB~
~ that part of the following described prope~y I~n[ souLherly of a line 45.00 feet northerly of. as mass.ed at ~iht angles to. and parallel
w~th =~ne ~ to ~ hereinafter described:
That part of ~e West 181.00 feet of the East ~05 O0 feet. ~ measured et right angles, of the Southeast ~uarter of the Northeast Qua~er. lying
south of a line at ~ght ~ngles from the ~st line of s.;d ~u~east ~ua~er of the Northeast Quarter ~rom a point on s~ld East bna a distance
294 O0 feet no~h of the Southeast corner of said Southeast Quarter of the Northeas~ ~un~er. Section 31. Township 33. R~nge ~6. Sherburne County.
Minnesota,
~aid 'lines A. and C', and said 'Point B", are described es follows:
Commencing et th~ Southwest corner of said Soutllwest Quarter of the Northwest Quarter of Sectiou 32; thence Nortl~ 89 degree~ 29 minutes ~3 seconds
':~t. assumed basis of and for the /ollo~ng described bearings, along the South line of ~id Southwest Quarter of the Nortl~west Quarter for a
lance of 1053.95 ~eet; thence Nortti ~5 degrees ~6 minutes 44 seconds West along said line to be hereinafter kno~ aa '~ne A' for ~e purposes
this description for a distance of R51.13 Jest; thence no~hwesterly and westerly Iora distance of 39&.44 feet along a tangential cu~e concave
to the sou~west, said cu~e ts to be a~o hereinafter known as '~e A'. ha~ng a radius of 3~.00 feet and a central angle of T~ de{tees 4~ minutes
49 seconds to said point to be hereinafter referred to as 'Point ~ Ior the pur~Ses of th~ description, and there to te~inate said ~ne A', said
'Point ~ also ~mg the actual Point Of Beginning of said '~ne ~ to be hereby described; thence South 78 degrees 50 minutes ~? seconds West along
a~id ~e C, and tangent to the last described cu~e. for a distance of 34T.06 feet; thence westerly ~nd souLhwesLerly along said ~ne C tot a
distance of ~33.~ feet and along a tangental eu~e concave to the southeast having a radius of ~0,00 ~eet end a central angle ct 44 degrees 39
minutes 51 seconds; thence South 34 degrees tO minutes 36 seconds West along said ~ne C. and tangent to the last described cu~e. for a distance
of ?500 ~eet; thence southwesterly and westerly along said ~ne C, being · tangential cu~e concave to the northwest, havi~ a radius of 315.~
feet. Jot a central angle of 56 ~egrees O? minutes ~8 seconds ~d length 308.56 ~eet and there terminate said ~ne C.
~aid 'Point ~ and =~ne D" are desc~bed ~ follows:
Commencing at the above described Point B: thence North 09 degrees 46 minutes 57 seconds East. not tangent to the last described cu~e. for a
diet.ce 46.18 feet [o said ~otnt to be herei~ter known as 'Point ~ ~or the purposes of this descriptio~, said Point F also being the actual
of beginning of said '~ne D to be hereinafter described; thence easterly and southeasterly for'a distance of 25Z.T4 teat along said ~ne D, being
a non-tangential cu~e concave to the southwest having a radius of 32T.32 teat. a central angle of 44 degrees 14 minutes E8 seconds end's chord
baaing of ~uth 79 degrees 02 minutes 19 seconds East; thence continue southeasterly along said ~ne D for a dis[sacs of 193,35 feet along a
compound cu~e concave to the southwest ha~ng a radius of 35~.00 ~ee[ a~d a central angle of 31 degrees ~8 minutes 21 seconds; thence South
degrees ~6 minutes 43 seconds East along enid ~ne D and tangent to the last desc~bed cu~e for a distance of 46,60 feet to the i~tersection thereol
wJLh the Northerly right-of-way line of U.~. Highway No. lO. and there ter~nate said ~ne D.
~aid "~ne G' ts described aa lo,own;
Commencing at the above descried Po~t B; thence South I degree 50 minutes 41 seconds East, not tangent to the last described cu~e. for a distance
45.60 teat to a po~t. said ~int also being the actual point of beginning oJ said '~ne G' to be hereby de~c~bed; thence easterly and southeasterly
along said ~ne C for a d~tnnce of 20~,T5 feet along a non-tangential cu~e concave to the southwest having a radius of 26E.58 feet. a central angle
of 44 degrees 14 minutes 28 seconds and n chord bearing of South T9 degrees OE minutes lO seconds East; thence continue southeasterly along said
bna G for a d~stance ct 138 4~ feet along a compo~d cu~e concave to the southwest ha~ng a radius of ~2.00 feet and a central angle of 31 degrees
~8 minutes RI seconds; thence South R5 degrees ~ minutes 44 seconds East along ~td ~e G and t~gent to the last desc~bed cu~e ~or n dis~nce
of 4E.~ feet ko ~e Interaction thereof wJ~ the Northerly right-of-way ~e of U.S. Highway No. lO. and there terminate said ~ne G.
~D T~T Guardian ~gels Foundation. Inc., ~ M~esota non-profit Corporation. fee owner ol the folto~ng described property situated tn the State of
~mnesota. County of Sherbu~e. to-~t:
(~ PROPERS):
All that p~rt of ~e ~ollowing described property l~ng southwesterly of '~ne D" to be hereinafter described, and l~ng northeasterly of '~ne G'
to be herein~tter desc~bed:
All that part of the Northwest Quarter of 3ection 3R, T~shlp 33. R~nge E6. Sherburne County. Mi~esota, lying northerly of the Northerly Hne of
the right-of-way of U.S. Highway No. 10; lying southerly of the ~utherly shore line of ~ke Orono; end I~ng easterly of ~e follo~ng described
Uae it:
Said ~ne ti being described ns Commencing at the Sou~weat corner of a~d Not. west ~uerter; thence North &9 degrees 16 minutes 46 seconds
East along the South line of said Southwest Quarter Jot 881.14 feet; thence North I degree 48 minutes ~ seconds West for 90.63 feet. more
or les~. to intersect amd Northerly ~ne of the highway right-of-way, said point o~ interaction also bein~ the actual Point Of Be~innin[
of said ~ne tl to be hereby desc~bed; thence continue North 1 degree 48 minutes O0 seconds West along said ~ne I1 (said Uae ~1 being
marked with Judicial ~ndmarks set pursuant to Torrens Fife No. C~-88-1087) tot approximately 1073 feel to intersect with and terminate
said ~ne ~1 at said Southerly shore line of ~ke Orono.
For the purposes of the above deac~ptJons the West line of the Southwest Quarter of said Section 32 la assumed [o bear Sou~ 0 degrees 48 minutes
31 seconds East.
~aid '~ne D' is described as follows:
Commencing at the Southwest co.er of said Southwest Quarter of ~e Northwest Quarter of Section 32; thence North 69 degrees 29 minutes ~3 seconds
East. assumed basis of and for the following described bearings, along the South line of s~d Southwest Quarter of the No~hwest ~u~rter for a
distance of 1053.95 teat; thence North E5 degrees 26 ~nutes 44 seconds West ~ong a line to be hereinafter kno~ as '~e A' for the purposes of
this desc~ptton for a distance of ~51.13 feet; thence northwesterly and westerly for a distance of 396.44 teat along a tangential eu~e concave
to the aou~est, s~d c~e ts to be also hereinafter ~o~ as '~ne A', having a radius of 3~.00 feet and a central angle of 75 de~rees 42 minutes
49 seconds to said point to be hereinntter refe~ed to ns 'Point ~ for ~e purposes of this descrip~on, a~d there to te~inate said ~ne A';
thence North 09 degrees 46 minutes 5T secon~ East. not ~ngent to the last described cu~e. for a distance 48. t8 feet to a point to be hereinafter
kno~ ~ 'Point ~ ~or the pu~s~ of [~ description, said Point F ~ao being the actual point of'beginning of said '~ne D' to be hereinafter
desc~bed; thence easterly and southeasterly for n distance of g52.?4 feet along said ~ne D. being a non-ta~ential eu~e concave to the southwest
having a radius of 337.3~ feet. a cen~al angle of 44 degrees 14 minutes ~ seconds and a chord bea~ of South 79 degrees 02 minutes 19 seconds
East; thence continue southeasterly along s~d ~ne D for a distance of Ig3.~ feet along a compound curve concave to the southwest having a radius
ol 352.~ feet and a centr~ ~gle of 31 degrees 28 minutes ~1 seconds; thence South 25 degrees ~6 minutes 43 seconds East along said ~ne D and
tangent to the lest desc~bed eu~e tot a distance of 46.80 feet to the lnte~ection thereof ~[h the Northerly right-of-way ~ne of U.S. Highway
No. 10. and there terminate said ~ne D.
;etd "~ne G' la desc~bed es follows:
Comma[acing at the a~ve described Point ~; thence South ! degree 50 minutes 41 seconds ~aa[. not tangent to the last described cu~e, for a distance
4~.60 Jest to a point, said ~mt also being the actual point of begt~mng of said '~ne G' to be hereby described; thence easterly and southeasterly
alo~g said ~e G for a distance of 202.T5 teat along a non-t~gential cu~e concave to the southwest ha~ng a radius of 26~.58 feet, a cen~al angle
of 44 degrees J4 minutes Z8 seconds and a chord beari~ of South ?9 degrees O~ minutes 19 seconds E~st; thence continue southeasterly along
~ne G for a distance of 136.42 feet along a compound cu~e concave to the southwest ha~ng n radius of 252.~ teat and a eentrat angle of 31 degrees
26 minutes 21 seconds; ~ence South E5 degrees E6 minutes 44 seconds East along said ~ne G and ~ngent to the i~st desc~d cu~e for a distance
of 42.54 /eat to ~e intersection thereof w[~ the Northerly right-of-way line of U.S. Highway .No. lO. and there terminate said ~ne G.
EXHIBIT B
s:Xdocm~entXr esolution
p96-14.doc
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