Site Plan Permit
"
Document No.
T 149297
III 1111" '" II II
OFFICE OF THE
REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Check# 13331 Fee: $ 30.50
Cert # 26514
Certified and filed on 10-27-2004 at 11 :00 ~M D PM
2004-10-27 _~
"" 11111 " 1111 II "" II II C:~::'~~~~t
CITY OF CHANHASSEN
SITE PLAN PERMIT 04-20
SPECIAL PROVISIONS
AGREEMENT dated July 12, 2004, 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 166-space parking lot expansion, extension of temporary drive and extension of
West 78th Street (referred to in this Permit as the "project"). The land is legally described in the
attached Schedule A - Legal Description.
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 telIDS of this Permit, the written terms shall control. The plans are:
. Plan A-Site Plan dated May 14, 2004, prepared by Pioneer Engineering, P.A.
. Plan B-Grading, Drainage, and Utility Plan dated May 14, 2004, prepared by Pioneer
Engineering, P.A.
1
· Plan C-Landscaping Plan dated May 14,2004, prepared by Pioneer Engineering, P.A.
4. Time of Performance. The Developer shall install all required screening and
landscaping by June 30, 2005. 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 of this Permit, the Developer
shall furnish the City with a letter of credit from a bank, or cash escrow, in the amount of
$706,189.00 ($296,821 - grading/restoration; $9,715 - watermain; $114,949 - storm sewer;
$282,204 - streets; and $2,500 - erosion control). 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 ensure the installation of said landscaping.
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 registered
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 registered 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. Approved Site Plan #04-20 as shown on the plans
dated May 14,2004 and subject to the following conditions:
2
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. Tree preservation fencing shall be installed around all existing landscaping at the edge of
grading limits.
c. Any existing landscaping that is removed must be replaced when the parking lot
construction is completed.
d. The landscape islands shall include mulch rings around the trees and be seeded or sodded
elsewhere.
e. Overstory trees are required along West 78th St.; one every 30 feet.
f. Three accessible parking spaces must be added to the existing accessible parking area.
g. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420). The applicant shall receive the City's approval of a
wetland replacement plan prior to any wetland impact occurring.
h. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be
maintained around all existing and proposed wetlands (wetland buffers proposed for PVC
must maintain a width of 16.5 feet). Wetland buffer areas shall be preserved, surveyed and
staked in accordance with the City's wetland ordinance. The applicant shall install wetland
buffer edge signs, under the direction of City staff, before construction begins and will pay
the City $20 per sign.
1. All structures shall maintain a 40-foot setback from the edge of the wetland buffer.
J. The proposed development shall maintain existing runoff rates. Storm water calculations
shall be submitted to staff to ensure runoff rates will not increase as a result of the
proposed development. The applicant may work with the Arboretum to ensure their
concerns are addressed.
k. Drainage and utility easements shall be provided over all existing wetlands, wetland
mitigation areas, buffer areas used for mitigation credit and storm water ponds.
1. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope
Time
(Maximum time an area can
remain open when the area
is not actively being worked.)
Steeper than 3: 1
10: 1 to 3: 1
Flatter than 10: 1
7 days
14 days
21 days
3
.'
These areas include constructed storm water management pond side slopes, and any
exposed soil areas with a positive slope to a storm water conveyance system, such as a
curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other
natural or man made systems that discharge to a surface water.
m. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as-needed.
n. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
e.g. Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, Minnesota
Department of Natural Resources (for dewatering) and Army Corps of Engineers and
comply with their conditions of approval.
o. All final plans must be signed by a registered civil engineer.
p. Use the latest version (2004) of the City's Standard Detail Plates.
q. The twin storm sewer culverts under West 78th Street must be RCP Class 5.
r. The existing driveway from Highway 41 to the existing homes in the northwest corner of
the West 78th Street intersection must be removed and seeded or sodded.
s. The new painted median for the eastbound West 78th Street traffic on the east side of
Highway 41 must be a raised concrete median with pedestrian ramps.
t. Install a temporary turnaround with barricades and a sign stating "This street to be
extended" at the west end of new West 78th Street.
u. Provide a pedestrian ramp at the northeast corner of the new West 78th Street/Highway
41 intersection for connection to the future city trail.
v. Incorporate the conditions of the MnDOT review letter dated June 1, 2004 into the plans.
w. Show all of the proposed grades for the new drive\vay to the existing home in the
southeast corner of the site.
x. A permit for the proposed retaining wall is required to be obtained from the Building
Depmiment and the wall must be designed by a registered structural engineer.
y. Off-site grading will require a temporary easement or right-of-entry agreement from the
Arboretum.
z. Should earthwork quantities not balance on site 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. In addition, if material is proposed to be exported
4
to another location in Chanhassen, it should be noted that the properties would be
required to obtain an earthwork permit from the City.
aa. All areas disturbed as a result of construction-related activity must be sodded and/or
seeded and disc mulched within two weeks of disturbance.
bb. A MnDOT drainage permit will be required. In addition, an NPDES permit and
Watershed district pennit will be required for the project grading.
cc. Drainage and utility easements will be required over the wetland, pond, and the adjacent
mitigation areas. An easement for access purposes will also be required for future
maintenance of the wetlands.
dd. Erosion control measures and site restoration must be developed in accordance with the
City's Best Management Practice Handbook (BMPH). Staff recommends that the City's
Type II silt fence, which is a heavy duty fence, be used adjacent to all existing wetlands
and ponds. In addition, erosion control blankets should be used on all slopes 3: 1 or
greater with heights of 6' or more.
ee. A financial security will be required to guarantee installation of the public improvements.
ff. Bituminous curb and gutter must be added to the temporary driveway.
gg. Prior to any future building expansion to the west side of the existing church building, the
temporary access driveway from West 78th Street must be brought up to current
standards in effect at the time.
hh. The raised median on West 78th Street on the east side of TH 41, which is proposed to be
removed, shall be replaced in the correct alignment with the westward extension of West
78th.
n. A sidewalk shall be extended along the main driveway from the main entrance of the
church on the east side to the northern end of the driveway where the new parking lot
ends and sidewalks shall be extended to the east through the landscape islands of the new
parking lot.
JJ. Additional landscaping along the north side on Tanadoona Drive.
kk. The church shall continue to use a public safety officer to monitor and direct traffic from
the church for three months following the completion of West 78th Street. After three
months of observation, traffic operations shall be re-evaluated and the use of public safety
officer may be required by the city."
8. General Conditions. The general conditions of this Permit are attached as Exhibit
"A" and incorporated herein.
5
(SEAL)
AND:
BY:
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me thisJldtday of Ú~+ ,
2004, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of e City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
~!r-
h^. ^^Á^hÁAÁAAAAAAAA¡~
.)Ah·!{·\'IM\VI't.If!.If'!.lf'ò.hVl' ;p
~ '.~~}j~'l1!à KAREN J ENGElW\H01 5:
¢ "¡''''~;j~~ Notary Pu\}\ic· r./oinnc::;ota ~
~ "'"(i:'~'?' . - .~, ')< r)nn5 C?
;: bV'My Comm\s::.lcn tXç,\;,):, ¡ 1~,I£~~u~.>
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DEVELOPER: ,I /1 (j~ i? jì /
./: . CUPsTL-UûJC/ (}114'CJ/C{fit(Y0
BY:i~
m Dan Russ as Personal Representative
of Westwood~.Cormnunl ty Church
STATE OF MINNESOTA )
( ss.
COUNTY OF Carver )
Tl:1e....foregoing instrument was acknowledged before me thi~ day Of~.,..t
2004 by ()C{..'Y) RI..y<) as Personal RepreSeJ:ltati ve of Westwood Cormnun y
Church, a Minnesota non-profit coq:oration, on behalf of the church.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
.~{~ )f)fl. ~·¿;ttJt~
(:,,) NOTARY PUBUC",~
~ JEAN M. STECKUNG )
Notary Public-Minnesota
My Commission Expires Jan 31, 2009
6
CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Pennit, affirm and consent to the provisions thereof and agree to be bound by
the provisions as the same may apply to that portion of the subject property owned by them.
Dated this £ day of .ß,f VIA 1'} , 2004
!-tf<ST NA=no.AJtx..- SANiL OF útM{c.¡(.
Byð~¿~
J/.:( h!Þh;î/r
STATE OF MINNESOTA
COUNTY O¿'.-IA~
)
( ss.
)
Thet, 9 egoing io~tru ent was ackoowledged before me this ¿ day of ¡¿ -t~,
2004, byLd the Vice President o/th; First Nati 1
Bank of Chaska, on be If of the bank.
.. ~1 111.--....-------
e PAMELA R, KURTZ
, .
; Notary public-Minnesota
'. ~ -;"./ My Comm. Expires Jan, 31 2005
e_____,....
¿<~
J' NOTARY P C
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
7
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 emih, 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.
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 property 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 celiified 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
8
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, diIi and debris, including materials that have blown, 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 from a bank or cash escrow with the City to secure the
waITanties at the time of final acceptance.
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.
9
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 plat 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
10
grounds for denial of building pe1IDÌts.
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.
R. Recording. This Pe1IDÌt shall run with the land and may be recorded against the title
to the property.
1. 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 and maintenance of equipment
11
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 acknow ledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
12
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 mising 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 neither the nature
of suitability of soils nor the cost of correcting any unsuitable soil conditions which may
exist.
13
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Schedule A Legal Description Continued
File No.: CA 16562
CARVER COUNTY, MINNESOTA
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:
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 bea-ring 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 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 ,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 corner of
said Northwest Quarter of the Southwest Quarter; thence North 0 degreés 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 OS 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 Meridian, described as follows:
,
Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42
minutes ~'5 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 91850 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.
CONTINUED ON NEXT PAGE
· .-
CmCAGO TITLE INSURANCE COMPANY
ALT A LOAN POLICY
Schedule A Legal Description Continued
File No.: CA 16562
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 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 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 of1266.35 feet to the interse~tion with a line bearing South 26 degrees 28
minutes 40 seconds West from the point ofbegjnning; thence North 26 depees 28 minutes 40 seconds East a distance of
390.62 feet to the point of beginning. '
ALSO EXCEPT:
All of ZIMMERMAN FARM 1ST ADDmON, according to the recorded plat thereof, including Lots 1 and 2, Block I,
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; t1i.ence
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.
CONTINUED ON NEXT PAGE
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CHICAGO TITLE INSURANCE COMPANY
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Schedule A Legal Description Continued
File No.: CA 16562
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 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 beginn;ng 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 ofField
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 corner of said easterly end of land as montunented; 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.
(TORRENS)
)