Site Plan Permit Recorded
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Poehler
Soren M. Mattick
John F. Kelly
Henry A. SchaefFer, HI
Alina Schwartz
Samuel J. Edmunds
Marguerite M. McCarron
1380 Corporate Center Curve
Suite 3J7' Eagan, MN 55121
651-452-5000
Fax 651-452-5550
www.ck-law.com
00-03
CAMPBELL KNUTSON
Professional Association
***
Direct Dial: (651) 234-6222
E-mail Address:snelson@Ck-law.com
November 11, 2009
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RECEIVED
NOV 1 6 2009
CiTY OF CHANHASSEN
RE: CHANHASSEN - RECORDATION OF DOCUMENTS
~ Site Plan Permit #09-03 - Westwood Community Church Property
Planning Case No. 09-03
(Part of NW y,. of SW y,. and the SW y,. of the NW y,. of Section 9
and that part of Government Lots 8&9, all in Township 116 North,
Range 23 West of the 5th Principal Meridian - Certificate of Title
No. 33400.0)
Dear Kim:
Enclosed for the City's files please find original recorded Site Plan Permit #09-03 for
a 51,000 sq. ft., 2-story multi-purpose building on the Westwood Community Church
property described above. The site plan permit was recorded with the County on
October 2, 2009 as Torrens Document No. T172704.
Regards,
CAMPBELL KNUTSON
Profes . nal Association
SRN :ms
Enclosure
BY.
Certified Recorded on
172704
111111 nm
OFFICE OF THE
REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Receipt #
Cert. # 33400 Fee: $46.00
10/2/2009 at 12:00 0 AM JZJ PM
p
Document No.
T 172704
t{B
Carl W. Hanson, Jr.
Registrar of Titles
CITY OF CHANHASSEN
SITE PLAN PERMIT # 09-03
SPECV\.L PROVISIONS
AGREEMENT dated March 23, 2009, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Westwood Community Church, (the
"Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for a 51,000 square-foot, two-story multi-purpose building (referred to in this Permit as the
"project"). The land is legally described as shown on Exhibit B.
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 prepared by Cuningham Group Architects, P.A, and Westwood Professional
Services, Inc., dated 01130/09.
Plan B: Grading, Drainage and Erosion Control Plan prepared by Westwood Professional
Services, Inc, dated 01130/09.
Plan C: Landscaping Plan prepared by Close Landscape Architecture+, dated 01130/09.
Plan D: Utility Plans prepared by Westwood Professional Services, Inc, dated 01130/09.
4. Time of Performance. The Developer shall install all required screening and landscaping
by June 30, 2010. 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. .
1
5. Security. To guarantee compliance with the terms of this Permit, the Developer shall
furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for
$2,500.00 (erosion control and landscaping). 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 shall 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:
Westwood Community Church
3121 Westwood Drive
Excelsior, MN 55331
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. City Council approves a site plan for a 51,000 square-foot,
two-story multi-purpose building, which may be constructed in phases, subject to the following
conditions:
a. The applicant shall enter into a site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
b. Windows shall be added to the northwest elevation in the multi-purpose area.
c. In addition to the fire sprinkler system required by the building and fire codes, Class III
fire department standpipes shall be added to the building in locations approved by the
Chanhassen Fire Marshal.
d. The applicant shall contact Chanhassen Fire Marshal for location of yellow curbing to be
painted and locations of "No Parking Fire Lane" signs.
e. Buildings are required to have automatic fire extinguishing systems.
2
f. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
g. Retaining walls (new and additions to existing) over four feet high must be designed by a
professional engineer registered in the State of Minnesota and a permit must be obtained
prior to construction.
h. Inlet protection is provided for all proposed stormwater inlets until such a time as final
stabilization is achieved.
1. The rock construction entrance shall be expanded to 75 feet per City code or, if this is not
practical to do so, the applicant must show why this is not practical and maximize the
rock construction entrance to the greatest length practical.
J. Silt fence north of Pond B be extended to the northwest to the 990 contour.
k. City details shall be included in the plan set for all erosion control best management
practices and storm sewer structures.
1. One of the three inlets into Pond B must be eliminated. It is preferable that the most
easterly inlet be eliminated so that maintenance can occur as efficiently as possible.
m. Pond maintenance access should be shown on the plan.
n. The applicant shall determine if any additional permissions are required and apply for and
obtain these permits from the appropriate regulatory agencies (e.g., Minnesota Pollution
Control Agency, Minnesota Department of Natural Resources (for dewatering)) and
comply with their conditions of approval.
o. Surface drainage from the top of the wall should be directed to the proposed catch basin,
or else a drain tile system shall be installed to convey the runoff to the storm sewer.
p. If on-site earthwork quantities do not balance and materials need to be imported or
exported from the site, the developer will need to supply the City with a detailed haul
route for review and approval by staff.
q. Any material exported to another location in Chanhassen may require a grading or interim
use permit.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and
incorporated herein.
3
BY:
AND:
WESTWOODCO~YCHURCH
B~(f1~~O
, . Direc~r
Its ~~ ~ Ao\",~,^-\C". +'-ak~
STATEOFMINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this I gt1tday of j 0 ",1-. , 2009, by
Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the C~hassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
oJ~
1 KAREN J. ENGElHARDTJ
STATE OF MINNESOTA ) J, '" My ~tary PUblic-Minnesota
( ss. ommlssion Expires Jan 31,2010
COUNTY OF) +1-\
The foregoing instrument was acknowledged before me this 11- day of ~?\e(Y\be ~
2009 by ~,,~ Y\ Macie v , Pastor jDirectpr of Administration of Westwood
Community Church, on behalf of the Church.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
I
KIM T. MEUWISSEN I
Notary Public-MinnesotQ;,
My Commission Expires Jan 31, 201.0
4
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "A"
GENERAL CONDITION
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 blow ables, 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.
5
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.
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.
6
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
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.
7
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
'A \ e... ;. ("\ ~ c~ ('\ V C, "'":J'-". C L e ~ ~O r ; 0. ; l\ ~-e \ e ""::. \- b'--I \''"' ~ (4..e ( \0 ~,r 'J ~ J";}. \ q ", ~'u,':c.. \
'- \ ~ ' \.)C'/I "'v,.
which holds a mortgage on the subject property, the development of which is governed by the CJ''\ C, ~ kq,
foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this I !;-I day of ;4IJ.n/
I
,2009.
KLEIN BANK
~/ j~- c;Yl~
I .
I~{:e, friildef/t0 8tJ1/fJt-1f Eaw,/ii1/L/.t'irt&.iflt- L~t:51:.t
STATE OF MINNESOTA)
( ss.
COUNTY OF ( ",( ~ e ( )
The foregoing instrument was acknowledged before me this \ ""~\-'day of A P ( .' \ ,
2009, by _\ ('Av-" e "'" {~_ Lc,- \" \ , Vice President, Business Babkipg of
KleinBank - Chaska, on behalf of the bank.
//"----/7tLl{.~ kOG~'V (,..[_____-
C--'---r' NOTARY PUBLIC
JULIE KAY KOOSMAN
Notary Public
Minnesota
My Commission Expires January 31, 2010
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
EXHIBIT "B"
TO
SITE PLAN PERMIT #09-03
That part of the Northwest Quarter of the Southwest Quarter and the Southwest
Quarter of the Northwest Quarter of Se~tion 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:
Beginning 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 No.rth 0 degrees 32 minutes 39 seconds West, a disfance 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 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 corner of said Government
Lot 8; thence South 89 degrees 32 minutes 26 seconds Eas.t, 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 corner 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 ofthe 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 Meridian, described as follows:
B-1
. ,
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 18.7Tfeet; 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 min~tes 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 distan"ce 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 corner of
said Southwest Quarter ofthe 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 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
degr~es 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 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 dista!lce 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 of390.62 feet to the point of beginning.
B-2
, I
ALSO EXCEPT:
All of ZIMMERMAN FARM 1ST ADDITION, according to the recorded plat thereof,
mcIuding Lots 1 and 2, Block 1, and the roads dedicated to the public in said
plat.
ALSO EXCEPT:
That part ofthe Northwest Quarter ofthe 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 corner of said Southwest Quarter of the Northwest
Qua:rter; 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 Wes~ 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 ofthe Southwest Quarter ofthe Northwest Quarter, Section Nine (9),
Township One Hundred Sixteen (116) North, Range Twenty Three (23) West of the
5t~. Principal Meridian, described as follows:
Commencing at the southeast corner of said Southwest Quarter ofthe 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 corner 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 corner of the easterly end of Field Lane, dedicated in SUNSET fiLL ON
LAKE MINNEW ASHTA, according to the found monumentation of the recorded plat
thereof; thence South 38 degrees 21 minutes 19 seconds Eas4 along said easterly
end of Field Lane, a distance of 40.00 feet to the southerly corner of said
easterly end ofIand 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
B-3
, I
to
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.
ALSO EXCEPT: The westerly 30 feet thereof.
Subject to the easement for electric transmission line purposes originally
established by the Easement fIled for record January 9, 1939, in Book 43 of
Deeds, Page 195, as partially released and limited by the Partial Release of
Easement filed for record November 9, 1990 as Carver County Recorder Document
No. 119406.
(TORRENS PROPERTY - Certificate #33400)
B-4