Loading...
Site Plan Permit Recorded Thom:!s J. C:!mpbelI Roger N. Knutson Thom:!s M. Scott Elliott B. Knctsch Jocl J. J:!mnik Andrc:! J\lcDowcll Pochlcr Sorcn J\1. 1\bttick John f. Kclly Henry 1\. Schacffcr, III Alina Schwartz S:lI11UcI J. Edmunds Cynthi:! R. Kirchoff 1\brgllcritc 1\1. 1\lcCarron 13S0 Corponte Center Curve Suite 317. E:1f,:ln, ~lN 55121 (,51-452-50:0 bx 651-452-5550 w,\",Y.ck-l~1'v .C0I11 CAMPBELL KNUTSON Professional Association RECEIVED JAN 2 8 2008 CITY OF CHANHASSEN *** Direct Dial: (651) 234-6222 E-mail Address:snelson@L:k-law.com January 16,2008 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN - MISC. RECORDED DOCUMENTS ~ Site Plan Permit #06-34 - Autobahn Motorplex, LLC (part of SE ~ of Section 15-116N-23W and Part of SE ~ ofNE ~ of Section 15-116N-23W, Torrens Certificate No. 33040.0) Dear Kim: Enclosed for the City's files please find original recorded Site Plan Permit #06-34 with Autobahn Motorplex, LLC approving a site plan for 12 buildings (one clubhouse/museum building and 11 storage buildings totaling approximately 177,000 sq. ft. of building area) on the above referenced property. The site plan permit was filed with Carver County on May 11,2007 as Document No. TI62913. Regards, CAMPBELL KNUTSON Professional Association SRN:ms Enclosure OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY. MINNESOTA Check # 17303 Cert. # 33040 Fee: $ 46.00 Certified .Recorded on 05-11-2007 at 10:00 ~M D PM Document No. T 162913 111111111111 1Il1llnrllllll~11 ~ Carl W. Hanson, Jr. Registrar of Titles CITY OF CHANHASSEN SITE PLAN PERMIT #06-34 SPECIAL PROVISIONS AGREEMENT dated December 11, 2006, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Bruno J. Silikowski, the Managing Partner of AUTOBAHN MOTORPLEX LLC, a Minnesota limited liability company (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for 12 buildings (one clubhouse/museum building and 11 storage buildings totaling approximately 177,000 square feet of building area) (referred to in this Permit as the "project"). The land is legally described as shown on the attached Exhibit C. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A--Site Plan dated 10/19/06, prepared by Sathre-Bergquist, Inc. Plan B-- Grading Plan dated 10/19/06, prepared by Sathre-Bergquist, Inc. Plan C--Landscaping Plan dated October 27,2006 prepared by Arteka Companies. Plan D--Utility Plans dated 10/19/06, prepared by Sathre-Bergquist, Inc. 4. Time of Performance. The Developer shall install all required screening and landscaping by October 1,2007. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms ofthis Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $5,000.00 (boulevard restoration, erosion control and site restoration). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURES FOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shali be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Bruno Silikowski 3615 Zircon Lane North Plymouth, MN 55446 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. Site Plan for 12 buildings (one clubhouse/museum building and 11 storage buildings totaling approximately 177,000 square feet of building area), plans prepared by Sathre-Bergquist, Inc., dated 10-19-2006, subject to the following conditions: a. Additional windows or doors must be incorporated in the clubhouse eastern building elevation to comply with the 50 percent transparency requirement. b. Water Resource Coordinator conditions: 1) The plans shall be revised to show how the water routed through Wetland Area B will be conveyed to the proposed stormwater pond. 2) The plans shall be revised to show only non-exempt wetlands. Wetland buffer areas at least 16.5 feet in width shall be preserved, surveyed and staked in accordance with the City's wetland ordinance prior to grading commencing. All wetlands and wetland buffer areas to be preserved shall be protected by silt fence during grading. All structures shall be set back at least 40 feet from the wetland buffer edge. 3) The plans shall be revised to show the correct primary zone boundary. Additionally, the primary zone boundary shall be terminated at the property lines for the subject property because the above description of the primary zone boundary is not an accurate description of the primary zone on adjacent properties. Signage for the Bluff Creek Overlay District 2 shall be posted at least every 300 feet along the primary zone boundary. 4) A conditional use permit and variance shall be obtained prior to alteration within the Bluff Creek Overlay District primary zone. 5) Drainage and utility easements over the stormwater pond and areas necessary for pond access (including an easement over the main drive aisle through the site from Audubon Road to the pond) shall be dedicated to the City prior to recording the site plan. The parking areas and drive aisles shall be swept each spring to prevent sand from leaving the site. Documentation of sweeping activity shall be submitted to the City annually. 6) The plans shall be revised to include Chanhassen's standard details for stormwater infrastructure and erosion and sediment control, including 3107,3108,3109,5300,5301 and 5302A. A detail for the proposed temporary perforated riser pipe shall also be included in the plans. 7) A temporary perforated riser and stable emergency overflow (EOF) is needed; a detail shall be included in the plan. The basin shall be properly sized for the watershed area, according to NPDES requirements (i.e., the basins shall provide storage below the outlet pipe for a calculated volume of runoff from at least a 2-year, 24-hour storm from each acre drained to the basin, except that in no case shall the basin provide less than 1800 cubic feet of storage below the outlet pipe from each acre drained to the basin). The outlet pipe shall discharge upstream from the edge of the receiving wetland and shall be stabilized with riprap. 8) Chanhassen Type II silt fence shall be provided adjacent to all areas to be preserved as buffer. The silt fence shall be installed in overlapping "J-hooks" to break up the sections and provide additional water and sediment retaining capacity. 9) Erosion control blanket shall be installed on all slopes on site steeper than 3: 1. The plans shall be revised to depict blanket locations and shall provide a detail for blanket installation. 10) Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 11) The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. 12) A Storm Water Pollution Prevention Plan (SWPPP) shall be developed for the site and approved by City staff prior to issuing a permit. The SWPPP shall include a provision that requires temporary seeding of stockpiles if left exposed for more than 14 days. 13) The plans shall be revised to include energy dissipation on all inlets and outlets within 24 hours of installation. 14) The plans shall be revised to replace hay bale curbside inlet controls with Wimco-type inlet controls. A detail shall be provided. The controls shall be installed within 24 hours of installation of the inlets. 3 15) All perimeter controls shall follow the City's specifications. The perimeter controls shall be inspected by the City and the SWCD prior to grading. c. Fire Marshal conditions: 1) Additional fire hydrants will be required. Please contact the Chanhassen Fire Marshal for exact location of additional hydrants. 2) A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen city Ordinance #9-1. 3) Yellow curbing and no parking fire lane signs will be required. Contact Chanhassen Fire Marshal for exact location of yellow curbing and signs to be installed. 4) No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 5) Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all-weather driving capabilities. Pursuant to Minnesota State Fire Code Section 503.2.3. 6) Submit radius turn dimensions to City engineer and Chanhassen Fire Marshal for review and approval. Pursuant to Minnesota State Fire Code Section 503.2.4. d. Building Official Conditons: 1) The buildings are required to have automatic fire extinguishing systems. 2) Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3) Retaining walls over four high must be designed by a professional engineer and a permit must be obtained prior to construction. 4) Every building containing any plumbing fixtures and/or receptors, must have its own independent connection with a public or private sewer, except that a group of buildings may be connected to one or more manholes which are constructed on the premises and connected to a public or private sewer (MSPC 4715.310). No building sewer shall be less than 4 inches in diameter (MSPC 4715.2310). Building drain must be by gravity (MSPC 4715.2430). The distance between cleanouts in horizontal piping shall not exceed 50 feet for 3-inch or less in size and not over 100 feet for 4-inch and over in size (MSPC 4715.1010. e. Forester conditions: 4 1) All existing boulevard trees along Audubon Road shall be preserved and protected with tree preservation fencing during construction. Any City boulevard tree that dies or is removed will be required to be replaced. 2) The applicant shall revise the landscape plan to show a total of 82 overs tory trees within the vehicular use area. 3) The applicant shall revise the landscape plan to show a total of 23 overs tory trees along the northwest property line buffer yard. 4) The slope along the Bluff Creek primary zone shall be seeded with an approved native seed rrux. 5) Plant selections for landscape requirements shall incorporate native species for buffer yard and parking lot landscaping. 6) Increase the buffer planting along the westerly and northwesterly portions of the site. Buffer may include berming, landscaping or fencing. f. Engineering Conditions: 1) The grading plan must be revised to show proposed pavement grades for the driveway access to the northern office/warehouse. 2) The grading plan must show proposed pavement grades. 3) Pavement grades must not exceed 10%. 4) The private streets within the development must be constructed to a nine-ton design. 5) An additional spot elevation must be shown on the south end of the storage building immediately west of the northern office/warehouse to ensure positive drainage. 6) Note the proposed rim and invert elevation of the storm sewer located at the driveway intersection south of bore hole location #3. 7) The developer must coordinate with City staff to ensure that pond maintenance and emergency vehicles will be able to access the gated area. 8) The width of the drive aisle southeast of the pond must be minimum 26 feet wide in addition to the proposed parallel parking stalls. 9) If fire code permits, staff recommends that the private watermain be six-inch diameter for water quality purposes. 10) The City's construction observer shall be present for all sanitary sewer and watermain testing to ensure that the proposed connections to the City facilities are in conformance with engineering standards. 5 11) The developer shall pay for the inspection bills and submit a $5,000.00 security to ensure payment of these bills. g. The retaining wall shall follow the standards for retaining walls incorporated in the subdivision regulations. The applicant shall also investigate the terracing of walls over eight feet in height. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. AND: Todd Gerhardt, City Manager AUIDBAHN r-oroRPLEX LLC DEVELOPER:~ BY: &~ ~, . Bruno J. I Its mA~ It--Jer ~~~ STATEOFMINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thi~t"V-ty of 'rYL~ 200~, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. oj~ .. 1 '.TiC'. '> KAREN J. ENGELHARDT' i,,) Notary Public-Minnesota '......... ..,' My Commission Expires Jan 31, 2010 6 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ! 3Z2:.day of 1Jl,a:A..-C/\.....--- , 20Q1by 13RVJ'-!:JD "J~ !;/L/Kov..rS-/C. r the Managing Partner of AUIDBAHN roroRPLEX LLC, , a Minnesota limited liability company, on behalf of the company. ~M7 }?1 Jx;~~ OTARY PUBLIC DRAFfED BY: City ofChanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 ~ KAREN M. LARSON ., NOTARY PUBLIC - MINNESOTA .-. My Comm. Exp. Jan. 31, 2010 7 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 8 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may payor incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. 9 G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless 10 . the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 11 . EXHIBIT C Legal Description That part of the Southeast Quarter of Section 15, Township 116 North, Range 23 West of the 5th Principal Meridian described as: Beginning at the northeast corner of said Southeast Quarter; thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the north line of said Southeast Quarter a distance of 2614.22 feet to the northwest corner of said Southeast Quarter; thence South o degrees 59 minutes 45 seconds East along the west line of said Southeast Quarter a distance of 1766.11 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 669.01 feet; thence South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence northeasterly along a non-tangential curve concave to the northwest having a radius of 1859.86 feet; a chord bearing of North 49 degrees 43 minutes 26 seconds East a distance of 394.93 feet; thence North 56 degrees 57 minutes 24 seconds East, not tangent to last described curve a distance of 323.97 feet; thence South 35 degrees 03 minutes 24 seconds West a distance of 22.98 feet; thence southwesterly 120.34 feet along a tangential curve to the right having a radius of 1959.86 feet; thence North 56 degrees 57 minutes 24 seconds East not tangent to last described curve a distance of 1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a distance of 12.50 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to the east line of said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of 72.51 feet along the east line of said Section 15 to the point of beginning, according to the Government Survey thereof. Subject to easement for County State Aid Highway No.17. EXCEPT which lies westerly of Bluff Creek, the centerline of said creek J described as follows: Commencing at the northwest corner of the Southeast Quarter of Section 15, Township 116 North, Range 23 West of the 5th Principal Meridian; thence on an assumed bearing of South 89 degrees 00 minutes 25 seconds East, along the north line of said Southeast Quarter, a distance of 718.45 feet to the poipt of beginning of the centerline to be described; thence South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet; thence South 12 degrees 17 12 . minutes 21 seconds East, a distance of 18.26 feet; thence South 86 degrees 42 minutes 32 seconds East, a distance of 66.41 feet; thence South 0 degrees 11 minutes 36 seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East, a distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a distance of 71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a distance of 513.32 feet; thence South 01 degrees 27 minutes 58 seconds East, a distance of 148.78 feet; thence South 08 degrees 14 minutes 13 seconds West, a distance of 114.78 feet; thence South 30 degrees 49 minutes 36 seconds West, a distance of 256.50 feet; thence South 30 degrees 12 minutes 30 seconds West, a distance of 95.70 feet; thence South 22 degrees 09 minutes 40 seconds East, a distance of 29.71 feet; thence South 10 degrees 54 minutes 04 seconds West, a distance of 55.44 feet; thence South 14 degrees 39 minutes 10 seconds East, a distance of 15.14 feet; thence South 22 degrees 30 minutes 14 seconds West, a distance of 33.54 feet: thence South 08 degrees 36 minutes 50 seconds West, a distance of 40.11 feet; thence South 10 degrees 58 minutes 44 seconds West, a distance of 16.30 feet; thence South 15 degrees 39 minutes 39 seconds East, a distance of 16.38 feet; thence South 06 degrees 00 minutes 17 seconds East, a distance of 33.74 feet; thence South 33 degrees 58 minutes 55 seconds East a distance of 3.27 feet to a point on the northerly line ~f the Milwaukee, St. Paul and Pacific Railroad, said point distance 586.57 feet Northeasterly of the southwest corner of the above desc~ibed property, as measured along said northerly R/R line, and said line there terminating. That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116 North, Range 23 West of the 5th Principal Meridian described as: Beginning at the southeast corner of said Sou~heast Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the south line of said Southeast Quarter of the Northeast Quarter a distance of 747.57 feet; thence North 35 degrees 03 minutes 24 seconds East a distance of 1.50 feet; thence northeasterly 1042.48 feet along a tangential curve to the right having a radius of 2814.79 feet to the east line of said Southeast Quarter of the Northeast Quarter; t~ence South 0 degrees 24 minutes 06 seconds East along the east line of said Southeast Quarter of the Northeast Quarter a distance of 738.57 feet to the point of beginning, according to Government Survey thereof. Subject to easement for County State Aid Highway No. 17. '!ORREN'S CERTIFICATE NO. 33040.0 13