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1p BC 7 & BC 8 Project CITYOF CHAN EN 690 Ci~ Center Drive PO Box 147 C/;a,hasse,, Mi,,esota 55317 aholle 952.937.1900 General £ax 952.937.5739 Engineering Department Fax 952.937.9152 Building Department Fax 952.934.2524 Web Site www. ci. cha,hasse,.mn.us MEMORANDUM TO: FROM: DATE: SUBJ: Teresa Burgess, Public Works Director/City Engineer Matt Saam, Proj eot Engineer May 9, 2001 Approve ResOlution Amendment Authorizing Condemnation of Easements for BC-7/BC-8 Trunk Utility Project No. 00-01 The City Council is requested to approve the attached resolution authorizing the condemnation of public easements for the BC-7/BC-8 Trunk Utility Project. On March 12, 2001, the City Council authorized City stafft0 negotiate for the purchase of all necessary easements dealing with the BC-7/BC-8 project. Staff also received approval to enter into condemnation on five of the ten parcels where easements are needed. Currently, City staff, in conjunction with the City attorney's office, is in the process of negotiating for the purchase of all easements. Due to the tight timeframe of this project and on recommendation from the City attorney, staff is requesting approval of the attached resolution amendment authorizing condemnation of the remaining easements on the five other parcels. Failure to approve this resolution could delay the BC-7/BC-8 project. Attachment: 1. Easement Map. 2. Amended Resolution. c: Jay Rubash, HTPO g:\eng~public\00-01 \easementsXcondemnation of easements.doc V_LOS:::iNNIH 'N::iSSVHNVHO (]NV ZO8 ~Nn~ B~M~S .LISIHXZl J. NZi~::IS¥:::I I Date Motion By CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOI,IITION Resolution No. Seconded By RESOLUTION AMENDING RESOLUTION NO. 2001-15 AUTHORIZING CONDEMNATION OF EASEMENTS FOR PUBLIC PURPOSES WHEREAS, the City Council of the City of Chanhassen does hereby determine that it is necessary and for a public use and purpose to acquire the. easements legally described on the attached Exhibit "A", subject to engineering modifications, if any, for public water, public sanitary sewer, public right of way, public utility and temporary construction purposes in connection with Improvement Project No. 00-01, BC-7 Trunk Sanitary Sewer and BC-8 Trunk ,, Sanitary Sewer and Lateral Watermain; and WHEREAS, City staff and consultants have and will continue to work with the property - owners to acquire the easements; and WHEREAS, the City Council finds that development and construction conditions related to the area make it necessary to acquire title to, and possession of, the easements as soon as possible in order for the project to proceed in an efficient, cost effective and expeditious manner; NOW, THEREFORE, be it resolved by the City Council of the City of Chanhassen, Minnesota: 1. That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statute Chapter 117 to acquire public water, public sanitary sewer, public 92290 right of way, public utility and temporary construction easements legally described on the attached Exhibit "A", subject to engineering modifications, if needed. 2. That the City Attorney is authorized to acquire the necessary property interests pursuant to the "quick take" provisions of Minnesota Statute Section 117.042. 3. That the Mayor and the City Manager are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. ADOPTED this day of May, 2001, bythe City Council of the City of Chanhassen. ATTEST: Linda C. Jansen, Mayor Scott A. Botcher, City Manager 92290 EXHIBIT "A" Parcel No. 6 Alternate Two Owner: Westwood Community Church PID: 25-008-3310 A strip, 60 feet wide, for road purposes over, under and across the following described property: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in Township 116 North, Range 23 West of the 5th Principal Meridian, Carver County, Minnesota, described as follows: Beginning at the southeast comer of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 East a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West a distance of 638.58 feet; thence North 87 degrees 00 minutes 49 seconds West a distance of 822.99 feet; thence South 1 degree 58 minutes 09 seconds East a distance of 206.39 feet; thence South 28 degrees 11 minutes 51 seconds West a distance of 368.57 feet; thence South 41 degrees 10 minutes 18 seconds West a distance of 410.76 feet; thence South 7 degrees 50 minutes 18 seconds West a distance of 350.24 feet; thence South 13 degrees 35 minutes 53 seconds East a distance of 397.22 feet; thence South 8 degrees 05 minutes 03 seconds East a distance of 38.84 feet; thence North 89 degrees 43 minutes 07 seconds West about 385 feet, to the shoreline of Lake Minnewashta; thence Southerly, along said shoreline, to the south line of said Government Lot 8; thence North 89 degrees 40 minutes 46 seconds East, along said south line of Government Lot 8 about 1756 feet to the southeast comer of said Government Lot 8; thence South 89 degrees 32 minutes 26 seconds East, along the south line of said Northwest Quarter of the Southwest Quarter, a distance of 1054.74 feet, to a point 248.27 feet westerly from the southeast comer of said Northwest Quarter of the Southwest Quarter; thence North 0 degrees 34 minutes 36 seconds West a distance of 281o21 feet; thence South 89 degrees 40 minutes 26 seconds East a distance of 225.90 feet; thence North 0 degrees 23 minutes 47 seconds West a distance of 17.74 feet; thence North 89 degrees 05 minutes 22 seconds East a distance of 20.56 feet, to the east line of said Northwest Quarter of the Southwest Quarter; thence North 0 degrees 54 minutes 38 seconds West; along last said east line, a distance of 1046.12 feet to said point of beginning. EXCEPT: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal 92290 meridian described as follows: Commencing at the southeast comer of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 131.14 feet to the point of beginning of the land to be described; thence continuing South 71 degrees 39 minutes 26 seconds East, a distance of 486.30 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 451.81 feet; thence North 71 degrees 39 minutes 26 seconds West, a distance of 486.30 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 451.81 feet to the point of beginning. ALSO EXCEPT: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in Township 116 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the southeast comer of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence south 38 degrees 21 minutes 19 seconds East a distance of 40.00 feet, to a point hereinafter referred to as "Point A"; thence North 69 degrees 13 minutes 44 seconds West a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East a distance of 115.18 feet, to the point of beginning of the land to be described; thence continuing South 71 degrees 39 minutes 26 seconds East a distance of 15.96 feet; thence North 10 degrees 46 minutes 16 seconds East a distance of 45 t.81 feet; thence North 71 degrees 39 minutes 26 seconds West, a distance of 131.14 feet; thence North 10 degrees 46 minutes 16 seconds East a distance of 40.62 feet; thence North 69 degrees 13 minutes 44 seconds West a distance of 355.20 feet to a point distant 638.58 feet northwesterly from the above referenced "Point A" thence North 87 degrees 00 minutes 49 seconds West a distance of 822.99 feet; thence South 1 degree 58 minutes 09 seconds East a distance of 206.39 feet; thence South 28 degrees 11 minutes 51 seconds West a distance of 303.66 feet; thence South 63 degrees 31 minutes 20 seconds East a distance of 1266.35 feet to the intersection with a line bearing South 26 degrees 28 minutes 40 seconds West from the point of beginning; thence North 26 degrees 28 minutes 40 seconds East a distance of 390.62 feet to the point of beginning. ALSO EXCEPT: All of ZIMMERMAN FARM 1 ST ADDITION, according to the recorded plat thereof, including 92290 Lots 1 and 2, Block 1, and the roads dedicated to the public in said plat. ALSO EXCEPT: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section Nine (9), Township One Hundred Sixteen (116) North, Range Twenty-three (23) West of the 5th Principal Meridian, described as follows: Commencing at the Southeast comer of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds west a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 617.44 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 451.81 feet to the point of beginning of the land to be described; thence continuing North 10 degrees 46 minutes 16 seconds East, a distance of 56.31 feet; thence North 69 degrees 42 minutes 15 seconds West, a distance of 131.82 feet thence South 10 degrees 46 minutes 16 seconds West, a distance of 60.84 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 131.14 feet to the point of beginning. ALSO EXCEPT: That part of the Southwest Quarter of the Northwest Quarter, Section Nine (9), Township One Hundred Sixteen (116) North, Range Twenty Three (23) West of the 5th Principal Meridian, described as follows: Commencing at the southeast comer of said Southwest iQuarter of the Northwest Quarter; thence NOrth 69 degrees'42 minutes 15 seconds West (based on a bearing of North 00 degrees 35 -- minutes 15 seconds West for a straight line between the northwest comer and the southwest comer of said section 9) a distance of 750.15 feet to the point of beginning of the land to be described; thence continue North 69 degrees 42 minutes 15 seconds West a distance of 228.35 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet to the northerly comer of the easterly end of field lane, dedicated in SUNSET HILL ON LAKE MINNEWASHTA, according to the found monumentation of fne recorded plat thereof; thence South 38 degrees 21 minutes 19 seconds East, along said easterly end of Field Lane, a distance of 40.00 feet to the southerly comer of said easterly end of land as monumented; thence North 69 - degrees 13 minutes 44 seconds West, along the southerly line of said Field Lane as monumented , a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West a distance of 40.62 feet; thence South 71 degrees 39 minutes 26 seconds East a distance of 486.30 feet; thence North 10 degrees 46 minutes 16 seconds East a distance of 60.84 feet to said point of beginning. The centerline of said strip being described as follows: 92290 Commencing at the southeast comer of the Southwest Quarter of the Northwest Quarter of said Section 9; thence northwesterly at an angle of 19 degrees 50 minutes 44 seconds with the westerly extension of the north line of the Northeast Quarter of the Southwest Quarter of said Section 9 a distance of 1232.82 feet; thence southwesterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 30.00 feet to the point of beginning of the centerline to be described; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 1236.50 feet to a point on a line 30.00 feet south of and parallel with said north line of the Northeast Quarter of the Southwest Quarter; thence easterly deflecting to the left 19 degrees 50 minutes 44 seconds along said parallel line a distance of 418.16 feet and there said centerline terminates. Together with a strip 10 feet wide, for permanent drainage and utility easement, which lies southerly of and adjoining the above described road. Together with an area for permanent drainage and utility easement, which lies southerly of and adjoining the above described strip 10 feet wide, for permanent drainage and utility easement and northerly of the following described line: Commencing at the southeast comer of the Southwest Quarter of the Northwest Quarter of said Section 9; thence northwesterly at an angle of 19 degrees 50 minutes 44 seconds with the westerly extension of the north line of the Northeast Quarter of the Southwest Quarter of said Section 9 a distance of 360.00 feet; thence south deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 70.00 feet to the point of beginning of the line to be described; thence southeasterly to a point on the east line of the Northwest Quarter of the Southwest Quarter of said Section 9 distant 110.00 feet south of the Southwest Quarter of the Northwest Quarter of said Section 9 and there said line terminates. Together with an area, for temporary construction easement purposes, which lies southerly of and adjoining the above described permanent drainage and utility easement and northerly of a line which lies 250.00 feet southerly of the above described strip 60 feet wide, for road purposes. Together with a strip 60 feet wide, for temporary construction easement purposes over the above described property. The centerline of said strip being described as follows: Commencing at the southeast comer of the Southwest Quarter of the Northwest Quarter of said Section 9; thence northwesterly at and angle of 19 degrees 50 minutes 44 seconds with the westerly extension of the north line of the Northeast Quarter of the Southwest Quarter of said Section 9 a distance of 1232.82 feet; thence southwesterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 30.00 feet; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 1236.50 feet to a point on a line 30.00 feet south of and parallel with said north line of the Northeast Quarter of the Southwest Quarter; thence easterly deflecting to the left 19 degrees 50 minutes 44 seconds along said parallel line a distance of 130.39 feet to the point of begilming of the centerline to be described; thence westerly on a tangential curve concave to the southeast having a radius of 250.00 feet, a central angle of 45 92290 degrees 02 minutes 06 seconds, a distance of 196.50 feet; thence southwesterly tangent to said curve a distance of 242.81 feet; thence southwesterly along a tangential curve concave to the northwest having a radius of 300.00 feet, a central angle of 38 degrees 50 minutes 14 seconds, a distance of 203.35 feet; thence southwesterly tangent to said curve a distance of 216.01 feet; thence westerly along a tangential curve concave to the north having a radius of 300.00 feet, a central angle of 24 degrees 01 minutes 49 seconds, a distance of 125.82 feet; thence northwesterly tangent to said curve a distance of 276.83 feet; thence northwesterly along a tangential curve concave to the northeast having a radius of 200.00 feet, a central angle of 44 degrees 57 minutes 55 seconds, a distance of 156.96 feet; thence northwesterly tangent to said curve a distance of 26.35 feet; thence northerly along a tangential curve concave to the east having a radius of 200.00 feet, a central angle of 47 degrees 42 minutes 20 seconds, a distance of 166.52 feet to the point of reverse curve; thence northerly along said reverse curve concave to the west having a radius of 200.00 feet, a central angle of 30 degrees 55 minutes 50 seconds, a distance of 107.97 feet; thence northwesterly tangent to said reverse curve a distance of 43.89 feet; thence northwesterly along a curve concave to the southeast having a radius of 200.00 feet, a central angle of 23 degrees 48 minutes 39 seconds, a distance of 83.12 feet to the point of reverse curve; thence northerly along said reverse curve concave to the east having a radius of 125.00 feet, a central angle of 54 degrees 05 minutes 01 seconds, a distance of 117.99 feet; thence northerly tangent to said reverse curve a distance of 56.58 feet and there said centerline terminates. Parcel No. 6 Alternate Two (Wetland) Owner: Westwood Community Church PID: 25-008-3310 An area of land, for wetland and drainage purposes over, under and across the following described property: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of th© Northwest Quarter of Section 9 and that part of Government Lots 8 & 9 of Section 8,all in Township 116 North Range 23 West of the 5th Principal Meridian, Carver County, Minnesota, described as follows: Beginning at the southeast comer of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 East a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West a distance of 638.58 feet; thence North 87 degrees 00 minutes 49 seconds West a distance of 822.99 feet; thence South 1 degree 58 minutes 09 seconds East a distance of 206.39 feet; thence South 28 degrees 11 minutes 51 seconds West a distance of 368.57 feet; thence South 41 degrees 10 minutes 18 seconds West a distance of 410.76 feet; thence South 7 degrees 50 minutes 18 seconds West a distance of 350.24 feet; thence South 13 degrees 35 minutes 53 seconds East a distance of 397.22 feet; thence South 8 degrees 05 minutes 92290 03 seconds East a distance of 38.84 feet; thence North 89 degrees 43 minutes 07 seconds West about 385 feet, to the shoreline of Lake Minnewashta; thence Southerly, along said shoreline, to the south line of said Government Lot 8; thence North 89 degrees 40 minutes 46 seconds East, along said south line of Government Lot 8 about 1756 feet to the southeast comer of said Government Lot 8; thence South 89 degrees 32 minutes 26 seconds East, along the south line of said Northwest Quarter of the Southwest Quarter, a distance of 1054.74 feet, to a point 248.27 feet westerly from the southeast comer of said Northwest Quarter of the Southwest Quarter; thence North 0 degrees 34 minutes 36 seconds West a distance of 281.21 feet; thence South 89 degrees 40 minutes 26 seconds East a distance of 225.90 feet; thence North 0 degrees 23 minutes 47 seconds West a distance of 17.74 feet; thence North 89 degrees 05 minutes 22 seconds East a distance of 20.56 feet, to the east line of said Northwest Quarter of the Southwest Quarter; thence North 0 degrees 54 minutes 38 seconds West; along last said east ~;, ,l,,e, a distance of 1046.12 feet to said point of beginning. EXCEPT: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal meridian described as follows: Commencing at the southeast comer of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 131.14 feet to the point of beginning of the land to be described; thence continuing South 71 degrees 39 minutes 26 seconds East, a distance of 486.30 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 451.81 feet; thence North 71. degrees 39 minutes 26 seconds West, a distance of 486.30 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 451.81 feet to the point of beginning. ALSO EXCEPT: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in Township 116 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the southeast comer of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence south 38 degrees 21 minutes 19 seconds East a distance of 40.00 feet, to a point hereinafter referred to as "Point A"; thence North 69 degrees 13 minutes 44 seconds West a 9229O distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East a distance of 115.18 feet, to the point of beginning of the land to be described; thence continuing South 71 degrees 39 minutes 26 seconds East a distance of 15.96 feet; thence North 10 degrees 46 minutes 16 seconds East a distance of 451.81 feet; thence North 71 degrees 39 minutes 26 seconds West, a distance of 131.14 feet; thence North 10 degrees 46 minutes 16 seconds East a distance of 40.62 feet; thence North 69 degrees 13 minutes 44 seconds West a distance of 355.20 feet to a point distant 638.58 feet northwesterly from the above referenced "Point A" thence North 87 degrees 00 minutes 49 seconds West a distance of 822.99 feet; thence South 1 degree 58 minutes 09 seconds East a distance of 206.39 feet; thence South 28 degrees 11 minutes 51 seconds West a distance of 303.66 feet; thence South 63 degrees 31 minutes 20 seconds East a distance of 1266.35 feet to the intersection with a line bearing South 26 degrees 28 minutes 40 seconds West from the point of beginning; thence North 26 degrees 28 minutes 40 seconds East a distance of 390.62 feet to the point of beginning. ALSO EXCEPT: All of ZIMMERMAN FARM 1 ST ADDITION, according to the recorded plat thereof, including Lots 1 and 2, Block 1, and the roads dedicated to the public in said plat. ALSO EXCEPT: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section Nine (9), Township One Hundred Sixteen (116) North, Range Twenty-three (23) West of the 5th Principal Meridian, described as follows: Commencing at the Southeast comer of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 617.44 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 451.81 feet to the point of beginning of the land to be described; thence continuing North 10 degrees 46 minutes 16 seconds East, a distance of 56.31 feet; thence North 69 degrees 42 minutes 15 seconds West, a distance of 131.82 feet thence South 10 degrees 46 minutes 16 seconds West, a distance of 60.84 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 131.14 feet to the point of beginning. ALSO EXCEPT: That part of the Southwest Quarter of the Northwest Quarter, Section Nine (9), Township One Hundred Sixteen (116) North, Range Twenty Three (23) West of the 5th Principal Meridian, described as follows: 92290 Commencing at the southeast comer of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West (based on a bearing of North 00 degrees 35 minutes 15 seconds West for a straight line between the northwest comer and the southwest comer of said section 9) a distance of 750.15 feet to the point of beginning of the land to be described; thence continue North 69 degrees 42 minutes 15 seconds West a distance of 228.35 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet to the northerly comer of the easterly end of field lane, dedicated in SUNSET HILL ON LAKE MINNEWASHTA, according to the found monumentation of the recorded plat thereof; thence South 38 degrees 21 minutes 19 seconds East, along said easterly end of Field Lane, a distance of 40.00 feet to the southerly comer of said easterly end of land as monumented; thence North 69 degrees 13 minutes 44 seconds West, along the southerly line of said Field Lane as monumented, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West a distance of 40.62 feet; thence South 71 degrees 39 minutes 26 seconds East a distance of 486.30 feet; thence North 10 degrees 46 minutes 16 seconds East a distance of 60.84 feet to said point of beginning. Said area lies southerly of a strip, 60 feet wide, the centerline of said strip being described as follows: Commencing at the southeast comer of the Southwest Quarter of the Northwest Quarter of said Section 9; thence northwesterly at an angle of 19 degrees 50 minutes 44 seconds with the westerly extension of the north line of the Northeast Quarter of the Southwest Quarter of said Section 9 a distance of 1232.82 feet; thence southwesterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 30.00 feet to the point of beginning of the centerline to be described; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 1236.50 feet to a point on a line 30.00 feet south of and parallel with said north line of the Northeast Quarter of the Southwest Quarter; thence easterly deflecting to the left 19 degrees 50 minutes 44 seconds along said parallel line a distance of418.16 feet and there said centerline terminates. And lies northeasterly of the following described line: Commencing at the northeast comer of the Northwest Quarter of the Southwest Quarter of said Section 9; thence southerly along the east line of said Northwest Quarter of the Southwest Quarter a distance of 385.58 feet to the point of beginning of the line to be described; thence northwesterly deflecting to the right 124 degrees 30 minutes 03 seconds a distance of 145.00 feet; thence northwesterly deflecting to the right 24 degrees 02 minutes 05 seconds a distance of 273.00 feet; thence northeasterly deflecting to the right 52 degrees 53 minutes 18 seconds a distance of 161.14 feet and there said line terminates. 92290 Parcel No. 7 Alternate Two Robert D. & Linda J. Bergan 3241 Tanadoona Drive Excelsior, MN 55331 PID: 25-009-2700 A strip, 60 feet wide, for road purposes over, under and across the following described property: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the Southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance 'of 131.14 feet to the point of beginning of the land to be described; thence continuing South 71 degrees 39 minutes 26 seconds East a distance of 486.30 feet; thence North 10 degrees 46 minutes 26 seconds East a distance of 451.81 feet; thence North 71 degrees 39 minutes 26 seconds West a distance of 486.30 feet; thence 46 minutes 16 seconds West a distance of 451.81 of beginning. South 10 degrees feet to the point The centerline of said strip is described as follows: Commencing at the southeast comer of the Southwest Quarter of the Northwest Quarter of said Section 9; thence northwesterly at an angle of 19 degrees 50 minutes 44 seconds with the westerly extension of the north line of the Northeast Quarter of the Southwest Quarter of said Section 9 a distance of 1232.82 feet; thence southwesterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 30.00 feet to the point of beginning of the centerline to be described; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance - of 1236.50 feet to a point on a line 30.00 feet south of and parallel with said north line of the ' Northeast Quarter of the Southwest Quarter and there said centerline terminates. Together with a strip 10 feet wide, for permanent drainage and utility easement, which lies southerly of and adjoining the above described road. Together with a strip 20 feet wide, for temporary construction easement purposes, which lies southerly of and adjoining the above described road. 92290 Together with a strip 80 feet wide, for utility easement purposes over, under and across the above described property. The centerline of said strip is described as follows' Commencing at the southeast corner of the Southwest Quarter of the Northwest Quarter of said Section 9; thence northwesterly at an angle of 19 degrees 50 minutes 44 seconds with the westerly extension of the north line of the Northeast Quarter of the Southwest Quarter of said Section 9 a distance of 1232.82 feet; thence southwesterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 30.00 feet; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 482.75 feet; thence southwesterly deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 40.00 feet to the point of beginning of the centerline to be described; thence continuing on the prolongation of said line a distance of 45.00 feet and there said centerline terminates. Parcel No. Alternate Two Campfire Boys and Girls Minnesota Council PID 25-008-3200 & 25-009-2600 A strip, 60 feet wide, across the following described property: All that part of Lot Nine (9) in Section eight (8) and also that part of the Southwest quarter (SW1/4) of the Northwest Quarter (NWl/4) of Section Nine (9), all in Township one hundred Sixteen (116), of Range twenty three (23) lying to the North and East of a line described as follows: Commencing at the Southeast Corner of the Southwest quarter (SW1/4) of the Northwest Quarter (NWl/4) of said Section Nine (9), extending thence northwesterly on a straight line as surveyed by Egan Field and Nowak, to the Southeast corner of the pasture fence on said Lot Nine (9); thence along the line of said pasture fence to Lake Minnewashta, containing sixty-two acres, more or less together with the right of way and easements pertaining to the land hereby conveyed by the Grantors deed to Edward C. Cammon recorded in the office of the Register of Deeds of said County on the 20th day of March 1920, in Book'28 of Deeds on page 573. All that part of the Southwest ¼ of the Northeast ¼ and the Sou;heast ¼ of the Northwest ¼ of Section 9, Township 116, Range 23 lying westerly of the centerline of State Trunk Highway No. 41, as now laid out (formerly Trunk Highway No. 12), .Carver County, Minnesota; except that 2 ½ acre parcel described as follows: That part of the SW ¼ of the NE 1/4 of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the point of intersection of the South line of the NW ¼ of said Section with the centerline of State Highway No. 41 as now laid out, thence Northeasterly 1278 feet along said 92290 centerline to the point of beginning of the property being described; thence deflecting to the left 90 degrees to the South line of the North 100 feet of said SW ¼ of the NE ¼; thence West along said South line of the North 100 feet to the West line of said SW ¼ of the NE ¼; thence North along said West line to the North line of said SW ¼ of the NE ¼; thence East along said North line to said centerline; thence Southwesterly along said centerline to the point of beginning. The centerline of said strip is described as follows: Commencing at the southeast comer of the Southwest Quarter of the Northwest Quarter of said Section 9; thence northwesterly at an angle of 19 degrees 50 minutes 44 seconds with the westerly extension of the north line of the Northeast Quarter of the Southwest Quarter of said Section 9 a distance of 1232.82 feet; thence southwesterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 30.00 feet to the point of beginning of the centerline to be described; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 1236.50 feet to a point on a line 30.00 feet south of and parallel with said north line of the Northeast Quarter of the Southwest Quarter; thence easterly deflecting to the left 19 degrees 50 minutes 44 seconds along said parallel line a distance of 507.45 feet; thence southeasterly along a tangential curve concave to the southwest, having a radius of 327.00 feet, a central angle of 40 degrees 26 minutes 17 seconds, a distance of 230.79 feet; thence southeasterly tangent to said curve a distance of 124.32 feet and there said centerline terminates. Together with a strip 20 feet wide, for temporary construction easement purposes, which lies northerly of and adjoining the above described road. Alternate Two Peterson Trust 3301 Tanadoona Drive Excelsior, MN 55331 PID: 25-008-3330, Parcel No. 9 , 25-008-3320, 25-009-2710 A strip 60 feet wide for road purposes over, under and across the following described property: That part of the Northwest Quarter of the Southwest Quarter and of the Southwest Quarter of the Northwest Quarter, Section 9 and that part of Government Lots 8 and 9 of Section 8, all in Township 116 North, Range 23 West of the 5th P.M., described as follows: Commencing at the Southeast comer of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet to a point hereinafter referred to as point A; thence North 69 degrees 13 minutes 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East a distance of 115.18 feet to the 92290 point of beginning of the land to be described; thence continuing South 71 degrees 39 minutes 26 seconds East a distance of 15.96 feet; thence North 10 degrees 46 minutes 16 seconds East a distance of 451.81 feet; thence North 71 degrees 39 minutes 26 seconds West a distance of 131.14 feet; thence North 10 degrees 46 minutes 16 seconds East a distance of 40.62 feet; thence North 69 degrees 13 minutes 44 seconds West a distance of 355.20 feet to a point 638.58 feet northwesterly from the above referenced point A; thence North 87 degrees 00 minutes 49 seconds West a distance of 822.99 feet; thence South 1 degree 58 minutes 09 seconds East a distance of 206.39 feet; thence South 28 degrees 11 minutes 51 seconds West a distance of 303.66 feet; thence South 63 degrees 31 minutes 20 seconds East a distance of 1266.35 feet to the intersection with a line bearing South 26 degrees 28 minutes 40 seconds West from the point of beginning; thence North 26 degrees 28 minutes 40 seconds East a distance of 390.62 feet to said point ofbegilming. The centerline of said strip being described as follows: Commencing at the southeast comer of the Southwest Quarter of the Northwest Quarter of said Section 9; thence northwesterly at an angle of 19 degrees 50 minutes 44 seconds with the westerly extension of the north line of the Northeast Quarter of the Southwest Quarter of said Section 9 a distance of 1232.82 feet; thence southwesterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 30.00 feet to the point of beginning of the centerline to be described; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 1236.50 feet to a point on a line 30.00 feet south of and parallel with said north line of the Northeast Quarter of the Southwest Quarter and there said centerline terminates. Together with a strip 10 feet wide, for permanent drainage and'utility easement, which lies southerly of and adjoining the above described road. Together with a strip 240 feet wide, for temporary construction easement purposes, which lies southerly of and adjoining the above described permanent drainage and utility easement. Together with a strip 60 feet wide, for temporary construction easement purposes over the above described property. The centerline of said strip being described as follows: Commencing at the southeast comer of the Southwest Quarter of the Northwest Quarter of said Section 9; thence northwesterly at and angle of 19 degrees 50 minutes 44 seconds with the westerly extension of the north line of the Northeast Quarter of the Southwest Quarter of said Section 9 a distance of 1232.82 feet; thence southwesterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 30.00 feet; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 1236.50 feet to a point on a line 30.00 feet south of and parallel with said north line of the Northeast Quarter of the Southwest Quarter; thence easterly deflecting to the left 19 degrees 50 minutes 44 seconds along said parallel line a distance of 130.39; thence westerly on a tangential curve concave to the southeast having a radius of 250.00 feet, a central angle of 45 degrees 02 minutes 06 seconds, a distance of 196.50 feet; thence southwesterly tangent to said curve a distance of 242.81 feet; thence along a tangential curve concave to the northwest having a radius of 300.00 feet, a central angle of 38 degrees 50 minutes 92290 14 seconds, a distance of 203.35 feet; thence southwesterly tangent to said curve a distance of 216.01 feet; thence westerly along a tangential curve concave to the north having a radius of 300.00 feet, a central angle of 24 degrees 01 minutes 49 seconds, a distance of 125.82 feet; thence westerly tangent to said curve a distance of 276.83 feet; thence northwesterly along a tangential curve concave to the northeast having a radius of 200.00 feet, a central angle of 44 degrees 57 minutes 55 seconds, a distance of 156.96 feet to the point of beginning of the centerline to be described; thence northwesterly tangent to said curve a distance of 26.35 feet; thence northerly along a tangential curve concave to the east having a radius of 200.00 feet, a central angle of 47 degrees 42 minutes 20 seconds, a distance of 166.52 feet to the point of reverse curve; thence northerly along said reverse curve concave to the west having a radius of 200.00 feet, a central angle of 30 degrees 55 minutes 50 seconds, a distance of 107.97 feet; thence northwesterly tangent to said reverse curve a distance of 43.89 feet; thence northwesterly along a curve concave to the southeast having a radius of 200.00 feet, a central angle of 23 degrees 48 minutes 39 seconds, a distance of 83.12 feet to the point of reverse curve; thence northerly along said reverse curve concave to the east having a radius of 125.00 feet, a central angle of 54 degrees 05 minutes 01 seconds, a distance of 117.99 feet; thence northerly tangent to said reverse curve a distance of 56.58 feet and there said centerline terminates. Together with a strip 20 feet wide, for sanitary sewer easement purposes over, under, and across the above described property. The centerline of said strip being described as follows: Commencing at the Southeast comer of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East a distance of 121.05; thence North 10 degrees 46 minutes 16 seconds East- a distance of 477.07 feet to the point of beginning of the centerline to be described; thence North 69 degrees 13 minutes 44 seconds West a distance of 482.70 feet; thence South 58 degrees 19 minutes 23 seconds West a distance of 43.93 feet; thence North 87 degrees 08 minutes 39 seconds West a distance of 269.48; thence North 77 degrees 38 minutes 25 seconds West a distance of 84.46 feet; thence North 87 degrees 00 minutes 49 seconds West a distance of 331.46 feet; thence southwesterly along a tangential curve concave to the southeast having a radius of 60.00 feet, a central angle of 94 degrees 57 minutes 20 seconds, a distance of 99.44 feet. Thence South 1 degree 58 minutes 09 seconds East tangent to said curve a distance of 132.75 feet; thence South 28 degrees 11 minutes 51 seconds West a distance of 171.07 feet and there said centerline terminates. Together with a strip 50 feet wide, for sanitary sewer purposes over, under and across the above described property. The centerline of said strip being described as follows: Commencing at the termination point of the aforementioned centerline; thence North 28 degrees 11 minutes 51 seconds East a distance of 25.00 feet; thence South 61 degrees 48 minutes 09 92290 seconds East a distance of 10.00 feet to the point of beginning of the centerline to be described; thence continuing South 61 degrees 48 minutes 09 seconds East a distance of 30.00 feet and there said centerline terminates. Parcel No. l0 AltemmeTwo Owner: Heritage Development of Minnesota PID:25-009-3000 A strip, 60 feet wide, across the following described property: That part of the Southwest Quarter of the Northwest Quarter, Section Nine (9), Township One Hundred Sixteen (116) North, Range Twenty Three (23) West of the 5th Principal Meridian, described as follows: Commencing at the southeast comer of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West (based on a bearing of North 00 degrees 35 minutes 15 seconds West for a straight line between the northwest comer and the southwest corner of said section 9) a distance of 750.15 feet to the point of beginning of the land to be described; thence continue North 69 degrees 42 minutes 15 seconds West a distance of 228.35 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet to the northerly comer of the easterly end of field lane, dedicated in SUNSET HILL ON LAKE MINNEWASHTA, according to the found monumentation of the recorded plat thereof; thence South 38 degrees 21 minutes 19 seconds East, along said easterly end of Field Lane, a distance of 40.00 feet to the southerly comer of said easterly end of land as monumented; thence North 69 degrees 13 minutes 44 seconds West, along the southerly line of said Field Lane as monumented, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West a distance of 40.62 feet; thence South 71 degrees 39 minutes 26 seconds East a distance of 486.30 feet; thence NOrth 10 degrees 46 minutes 16 seconds East a distance of 60.84 feet to said point of beginning. The centerline of said strip being described as follows: Commencing at the southeast comer of the Southwest Quarter of the Northwest Quarter of said Section 9; thence northwesterly at an angle of 19 degrees 50 minutes 44 seconds with the westerly extension of the north line of the Northeast Quarter of the Southwest Quarter of said Section 9 a distance of 1232.82 feet; thence southwesterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 30.00 feet to the point ofbegirming of the centerline to be described; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 1236.50 feet to a point on a line 30.00 feet south of and parallel with said north line of the Northeast Quarter of the Southwest Quarter and there said centerline terminates. Together with a strip 10 feet wide, for permanent drainage and utility easement, which lies southerly of and adjoining the above described road. 92290 Together with strip 10 feet wide for temporary construction easement purposes, which lies southerly of and adjoining the above described permanent drainage and utility easement. 92290