Recorded DocumentsCAMPBELL KNUTSON
April 1, 2014
Ms. Shanneen Al -Jaff, Senior Planner
c/o City of Chanhassen
7700 Market Boulevard RECEIVED
P.O. Box 147
Chanhassen, MN 55317 APR 3 -- 2014
Re: Bluff Creek Senior Housing CITY OF CHANHASSEN
Dear Ms. Al -Jaff:
Enclosed please find the following original recorded documents regarding Bluff Creek
Senior Housing:
C&rJ,!,t'
1. Site Plan Agreement 2013 -8 recorded as Ht mtepin County document number
A590180;
arucr
2. Partial Release of Mortgage (mtg doe A583599) recorded as fferinc* County
document number A590181;
C-Orver
3. Partial Release of Mortgage (mtg doe A583601) recorded as llennepi County
document number A590182;
4. Grant of Permanent Easement recorded ash County document number
A590183; and
5. Warranty Deed recorded as 1LCounty document number A590184.
/jmo
Enclosures
n558rvl
Very truly yours,
CAMPBELL KNUTSON
Professional Association
i
Jean YG . Olson, Legal Assistant
Document NO. OFFICE OF THE
A 590180 COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on January 28, 2014 1:46 PM
Fee: $46.00
590180
Mark Lundgren
1111111111111111111 County Recorder
CITY OF CHANHASSEN
SITE PLAN AGREEMENT 2013 -8
SPECIAL PROVISIONS
THIS AGREEMENT ( "Site Plan Agreement ") dated August 12, 2013, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "), and Bluff Creek
Senior Housing, LLC., a Corporation under the laws of the State of Minnesota (the 'Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for construction of a 13,700 square -foot continuing care retirement facility (Bluff Creek
Senior Cottages), Planning Case 2013 -08 (referred to in this Site Plan Agreement as the "Project ").
The land is legally described in the attached Exhibit A.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enters into this Site Plan Agreement and furnishes 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: (1 of 11) Boundary Survey dated Received June 14, 2013, prepared by Sathre Bergquist, Inc.
Plan B: (2 of 18) Title Sheet dated Received June 14, 2013, prepared by BCE Consultant, LLC.
Plan C: (3 of 11) Final Site Plan dated Received June 14, 2013, prepared by BCE Consultant, LLC.
Plan D: (4 of 11) Grading / Erosion Control Plan dated Received June 14, 2013, prepared by BCE
Consultant, LLC.
Plan E: (5 of 11) Bluff Exhibit dated Received June 14, 2013, prepared by BCE Consultant, LLC.
Plan F: (6 of 11) Preliminary Utility Plan dated Received June 14, 2013, prepared by BCE Consultant,
LLC.
Plan G: (7 of 11) Civil Details dated Received June 14, 2013, prepared by BCE Consultant, LLC.
SP -1
Plan H: (8 of 11) Landscaping Plan dated Received June 14, 2013, prepared by BCE Consultant, LLC.
Plan I: (9 of 11) Floor Plan dated Received June 14, 2013, prepared by 292 Design Group.
Plan J: (10 of 11) Exterior Elevations dated Received June 14, 2013, prepared by 292 Design Group.
Plan K: (11 of 11) Rendering of the Exterior Elevation Received June 14, 2013, prepared by 292 Design
Group.
4. Time of Performance. The Developer shall install all required screening and
landscaping by July 31, 2015. 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 Site Plan Agreement, the
Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent
( "security') in the amount of $90,710.00. This amount has been calculated at a rate of 110% of the
actual value of improvement (landscaping, erosion control, utility extension, etc.). The City will
release the security posted in accordance with the City Code.
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:
Dave Pokorney
Community Asset Development Group
1110 Yellow Brick Road
Chaska, Mn 55318
612 - 703 -5709
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. On August 12, 2013, the City Council adopted the
following motion:
"The City Council approves The site plan consisting of a 13,700 square -foot continuing care
retirement facility, Planning Case 2013 -08 for Bluff Creek Cottages as shown in plans dated
received June 13, 2013, and including the attached Findings of Fact and Recommendation, subject
to the following conditions:
Building Official Conditions:
1. The proposed structure is required to have an automatic fire extinguishing system.
SP -2
2. All plans must be prepared and signed by design professionals licensed in the State of
Minnesota. A geotechnical (soil evaluation) report is required.
3. Designs /plans for retaining wall(s) exceeding four feet in height must be prepared and
signed by a structural engineer.
4. Detailed building code - related requirements have not been reviewed; this will take place
when complete structural /architectural plans are submitted.
5. Structures and site must meet Minnesota Accessibility Code.
6. The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
Fire Marshal Conditions:
Add one hydrant at the intersection of Pioneer Trail and the entrance road.
2. In addition to 12 -inch address numbers on the building, address numbers will be required
at the driveway entrance. Contact Chanhassen Fire Marshal for requirements.
3. A PfV, Post indicator valve will be required.
4. Yellow painted curbing and "No Parking Fire Lane" signs are required. Contact
Chanhassen Fire Marshal for details.
5. City Engineer shall verify that the purposed fire apparatus turnaround is sufficient.
6. A three -foot clear space must be maintained around fire hydrant(s).
Planning Conditions:
All rooftop and ground equipment must be screened from views.
2. Approval of the site plan application is contingent upon approval of the rezoning and
conditional use permit for Planning Case 2013 -08.
The monument sign may not exceed 24 square feet in area nor be higher than 5 feet. The
sign shall be located 10 feet from the property line.
4. Sign illumination and design shall comply with ordinance. If illuminated, the letters shall
be backlit and use individual dimension letters, at least one -half inch deep. The sign
materials shall be compatible with the building. The applicant must apply for a sign
permit.
5. The trash enclosure for the building has not been shown on the plans. The structure must be
screened from views and constructed of the same materials as the building. Recycling
space and other solid waste collection space should be contained within the same
enclosure as the trash.
SP -3
6. Light levels for site lighting shall be no more than one -half foot candle at the project
perimeter property line. This does not apply to street lighting. Light fixtures shall be
downcast and the light shall be cut off at a 90 -degree angle as required by the city code.
All fixtures shall be shielded.
Park and Trail Conditions:
Park fees in the amount of S 12,000 shall be collected as part of the site plan permit.
Engineering Conditions:
An agreement must be obtained from MnDOT and Carver County to allow the driveway
to connect to Pioneer Trail (County Road 14) and to allow construction of private utilities
in the right -of -way.
2. The applicant must apply for and receive a NPDES construction permit prior to any earth -
disturbing activity.
3. The applicant must prepare a SWPPP consistent with the NPDES construction permit
requirements (Part III) and submit this SWPPP to the city for review and comment.
4. The construction of the bioretention area shall be phased such that it is not disturbed until
after the rest of the site has been graded. The plans shall be amended to reflect this and
perimeter control shall be installed that will prevent the operation of equipment and the
stockpiling of materials in this area.
5. Sediment control Best Management Practices shall remain in place around the
bioretention basin until the area tributary to the basin is stabilized.
6. Inlet protection shall be installed on the double catch basin on Pioneer Trail located
downstream of the site prior to commencement of earth- disturbing activities. Inlet
protection shall be installed on all catch basins and curb cuts interior to the site after
installation until final stabilization is met.
7. All outfalls, including the curb cut, shall be stabilized within 24 hours of connection.
8. The rip rap for the curb cut shall extend, uninterrupted, to the normal water level of the
proposed pond (905.0').
9. The geotextile fabric shall have a permittivity value of 0.5 or higher.
10. The plans must be signed by a registered engineer.
11. Ten -foot drainage and utility easements are required over all public utilities.
12. An existing topography plan sheet must be included in the plan set.
13. The grading plans must be amended so that no slopes exceed 3:1.
SP -4
14. The developer's engineer must submit a soils report and boring log for this site indicating
the soil conditions; permeability and slope.
15. The plans must show the elevations at the corners of the proposed building and where the
building foundation is acting as a retaining wall.
16. The plans must identify any stockpile areas that will be used during construction.
17. The developer's engineer must call out the 6 -foot retaining wall around the "outdoor
space" in the plans and include top and bottom of wall elevations.
18. The following materials are prohibited for retaining wall construction: smooth face,
poured -in -place concrete (stamped or patterned concrete is allowed), masonry, railroad
ties or timber. Walls taller than 6 feet shall not be constructed with boulder rock.
19. The developer's engineer must adjust grading at the face of the east retaining wall to
create a swale so water will flow away from both the wall and the building.
20. The retaining walls shall be privately owned and maintained.
21. All retaining walls over six feet high and within 10 feet of a sidewalk or other public way
must have a fence or other barrier. This condition includes the areas where the building
foundation will act as a retaining wall.
22. Before vehicles enter Pioneer Trail, the driveway must provide a landing area that starts
at least 50 feet back from the crosswalk and is at a 2% maximum grade.
23. The parking lot aisle must be 26 feet wide.
24. The turnaround must allow enough room for a fire truck to turn and exit the parking lot
without going through the parking spaces. Approved turnarounds include a 100 -foot
hammerhead and a 70 -foot diameter cul -de -sac.
25. The plans are amended to read "Assumed wetland boundary — area not delineated per
1987 Corps Manual."
26. The 894' contour is the assumed wetland boundary for purposes of determining buffer
and setbacks.
27. Wetland buffer shall be shown to measure twenty (20) feet as is consistent with a Manage
2 wetland. The setback from this buffer shall then be thirty (30) feet.
28. That portion of the property containing the Bluff Creek Primary Zone and the tributary to
Bluff Creek is dedicated to the city as per discussion with applicant and city staff.
29. The model shall be amended to show that the peak discharge rate at the curb cut is no
greater than 3.0 cfs during the 25 -year storm event. If this cannot be achieved, the
applicant is strongly encouraged to use pipe to convey stormwater runoff.
30. An operations and maintenance manual shall be provided to the city for review and
approval and shall cover the bioretention feature and the swale inlet into the pond.
SP -5
31. The outfall for the stormwater detention pond shall be pulled away from the wetland such
that there is adequate room to install all rip rap without any disturbance below the 894'
contour. If practicable to do so, the outfall shall be pulled entirely outside of the wetland
buffer area.
32. The bioretention feature shall be designed in a manner consistent with the Minnesota
Stormwater Manual "design criteria for bioretention ".
33. A detailed plan for the bioretention feature, including phasing, soil amendments,
underdrain (if necessary) and planting schedule shall be provided to the city for review
and approval.
34. Percolation tests shall be performed in the bioretention area to determine infiltration rates.
The model shall be amended based upon these findings and provided to the city.
35. The bioretention feature shall be designed such that it drains within 48 hours.
36. Pretreatment shall be provided prior to discharge to the bioretention feature. This shall be
a grass swale consistent with the MN Stormwater Manual "Guidelines for filter strip pre-
treatment sizing ", a forebay or a sump manhole at least three feet in depth.
37. The applicant must receive permission from Carver County for the proposed runoff
condition into Pioneer Trail, and provide a spread and run calculation to show that the
proposed catch basin will capture the ten -year event or otherwise design the storm sewer
to capture this event.
38. The applicant is responsible for all other permits and approvals.
39. The developer's engineer must show the detailed lift station design and location in the
plans.
40. The City of Chaska must approve the sanitary sewer plans.
41. The sanitary sewer and watermain shall be privately owned and maintained.
42. A plan sheet is required to show the watermain extension from the driveway to the
connection to Chanhassen's watermain system.
43. The watermain that is parallel to Pioneer Trail must be 8 inches for fire flow conditions.
44. The developer's engineer shall model the watermain extension for fire flow demand to
the development to ensure the watermain pipe size is adequate.
45. Fire hydrants are required every 400 feet, and gate valves are required every 800 feet.
46. This property has outstanding assessments from previous improvement projects that were
deferred due to the property's Green Acres status. Altering the zoning for this property
will cause the assessments to come due.
47. Water and sewer trunk and hook -up fees are to be collected with the development
contract.
SP -6
48. A permit is required for any work within the MnDOT or Carver County right -of -way.
49. A temporary construction easement will be required for the installation of utilities within
road right -of -way.
Miscellaneous Conditions:
1. The applicant shall work with staff on minor plan modifications."
8. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit 'B" and incorporated herein.
CITY OF CHANHASSEN
Pig
(SEAL)
F,IN
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
A. Furlpr%g, Mayor
Gerhardt, City Manager
The foregoing instrument was acknowledged before me this 04day o 201
by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the Ci of Chan sen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
OTARY LIC
='a DT ota M 7, 2015
SP -7
DEVELOPER
BLUFF CREEK SENIOR HOUSING, L.L.C.
BY:
Its: 44 e? to cLc n
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this jlprt j day of
- 11°CNNUAM ,20_L-J by MHN KLINb&LFf4T the
Pvl kNfth 9FZ- of Bluff Creek Senior Housing, L.L.C., a Minnesota limited
liability company, on behalf of the limited liability company.
R SUSAN A KERBERNotary Public State of Minnesota 0 My Commission Expires
January 31, 2015
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227 -1100
Notary Public
SP -8
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
yT �/ 13,k,., k HIV ,� r►�-t)
which holds a mortgage on the subject property, the development of which is govemed by the
foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and
effect even if it forecloses on its mortgage.
fh �
Dated this L —day ay of l (2 y R r yL , 2013.
STATE OF MINNESOTA )
(ss.
COUNTY OF __ftfif
The
2013, by _
was
BENJAMIN T. HOFFMAN
Notary Public - Minnesota
,...ieaAs' My Commission Expires Jan 31, 2014
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
before me this /1140 day of No✓tMb�
lery P 0r (- SMMLLJdTY AN.L AAH.14.M
CITY OF CHANHASSEN
SP -9
EXHIBIT A
That part of the Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the
Southeast Quarter of said Section 27, Township 116, Range 23 West of the Fifth Principle
Meridian, described as follows:
Commencing at the southeast corner of said Southwest Quarter of the Northeast Quarter; thence
on an assumed bearing of North 00 degrees 28 minutes 53 seconds West, along the east line of
said Southwest Quarter of the Northeast Quarter, a distance of 528.00 feet; thence on a bearing of
South 89 degrees 31 minutes 07 seconds West, a distance of 617.10 feet; thence on a bearing of
South 00 degrees 28 minutes 53 seconds East, parallel with said cast line of the Southwest
Quarter of the Northeast Quarter, a distance of 665.28 feet; thence on a bearing of South 80
degrees 28 minutes 53 seconds East, a distance of 626.58 feet (620.50 feet deeded), to the east
line of said Northwest Quarter of the Southeast Quarter; thence on a bearing of North 00 degrees
28 minutes 16 seconds West, along the said east line of the Northwest Quarter of the Southeast
Quarter, a distance of 246.08 feet to the point of beginning.
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
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) Site Plan 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, 3) the
Site Plan Agreement has been recorded with the County Recorder's and Registrar of Titles' Offices
of the County where the project is located, and 4) the City Planner has issued a letter that the
foregoing conditions have been satisfied and then the Developer may proceed.
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 D, 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 blowing materials, 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 City shall retain $3,180.00
of the posted security for landscaping for twelve (12) months following planting to secure the
warranties. Provided the landscaping is in the condition required herein following such twelve (12)
GC -1
month period, the City shall release the remaining security to Developer within ten (10) business
days of request therefore.
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 pay or 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 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. hi 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 fast
given notice of the work in default, not less than four (4) days in advance. This Site Plan Agreement
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 Site Plan Agreement.
1*1WA
F. Occupan cy. 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 Site Plan Agreement. 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 Site Plan Agreement shall
not be a waiver or release.
H. Recording. This Site Plan Agreement 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 Site Plan
Agreement shall be from 7:00 a.m. to 7:00 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
property pursuant to this Site Plan Agreement, the Developer shall comply with all laws,
ordinances, and regulations of the following authorities to the extent any of the same have
jurisdiction over the property's development:
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.
GC -3
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 Site Plan Agreement.
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.
GC -4
v
Document NO. OFFICE OF THE
A 590181 COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on January 28, 2014 1:46 PM
Fee: $46.00
590,-"
Mark Lundgren
1111 111 County Recorder
(Reserved for Recording Information)
PARTIAL RELEASE
OF MORTGAGE
Date:D&e."&ot 26 , 2013
FOR VALUABLE CONSIDERATION, the real property in Carver County, Minnesota, legally
described as follows:
173505
The North 306.00 feet of the following described parcel:
That part of the Southwest Quarter of the Northeast Quarter and the
Northwest Quarter of the Southeast Quarter of said Section 27, Township
116, Range 23 West of the Fifth Principle Meridian, described as follows:
Commencing at the southeast corner of the said Southwest Quarter of the
Northeast Quarter, thence on an assumed bearing of North 00 degrees 28
minutes 53 seconds West, along the east line of said Southwest Quarter of the
Northeast Quarter, a distance of 528.00 feet; thence on a bearing of South 89
degrees 31 minutes 07 seconds West, a distance of 617.10 feet; thence on a
bearing of South 00 degrees 28 minutes 53 seconds East, parallel with said
east line of the Southwest Quarter of the Northeast Quarter, a distance of
665.28 feet; thence on a bearing of South 80 degrees 28 minutes 53 seconds
East, a distance of 626.58 feet (620.50 feet deeded), to the east line of said
Northwest Quarter of the Southeast Quarter; thence on a bearing of North 00
degrees 28 minutes 16 seconds West, along the said east line of the
Northwest Quarter of the Southeast Quarter, a distance of 246.08 feet to the
point of beginning.
Excepting any portion thereof within MNDOT Right -of -Way Plat No. 10 -20.
are hereby released from the liens of the Mortgage, OWNED BY THE UNDERSIGNED, executed by
Community Bank Mankato, a Minnesota Bank /Insurance Corporation, as Mortgagor, to Bluff Creek
Senior Housing L.L.C., a Minnesota limited liability company, as Mortgagee, dated September 6, 2013,
and filed for record September 6, 2013, as Abstract Document No. A583599 in the office of the County
Recorder, Carver County, Minnesota.
COMMUNITY BANK MANKATO
A Minnesota Bank/Insurance Corporation
t
B•
M tC L • [print name]
Its jEnl�lJ✓2 V�ct �a xaEyv�
STATE OF MINNESOTA )
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this Vo day of De(" per ,
2013, by Mi (�) f ` I-. I/-j% the S . V i (e PY<ci Cj h" i- of Community
Bank Mankato, a Minnesota Ba dInsurance Corporation, on behalf of the bank.
l A1AA/ti'/r, 1/lA�_.
Notary Public
�n,.�,�nn�vwvr✓,nnnrniannn
760 ALLISON JO WILSON
Notary Public- Minnesota
My Commission F�pires Jan 37,2018
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, MN 55121
Telephone: 651- 452 -5000
AMP /jmo
173505
Document No, OFFICE OF THE
A 590182 COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on January 28, 2014 1:46 PM
Fee: $46.00
59018?
Mark Lundgren
11111111111111 County Recorder
(Reserved for Rewrdi g /nfornrnNon)
PARTIAL RELEASE
OF MORTGAGE
Date:lJer-C�4g&( 2/6� 12013
FOR VALUABLE CONSIDERATION, the real property in Carver County, Minnesota, legally
described as follows:
173505
The North 306.00 feet of the following described parcel:
That part of the Southwest Quarter of the Northeast Quarter and the
Northwest Quarter of the Southeast Quarter of said Section 27, Township
116, Range 23 West of the Fifth Principle Meridian, described as follows:
Commencing at the southeast comer of the said Southwest Quarter of the
Northeast Quarter, thence on an assumed bearing of North 00 degrees 28
minutes 53 seconds West, along the east line of said Southwest Quarter of the
Northeast Quarter, a distance of 528.00 feet; thence on a bearing of South 89
degrees 31 minutes 07 seconds West, a distance of 617.10 feet; thence on a
bearing of South 00 degrees 28 minutes 53 seconds East, parallel with said
east line of the Southwest Quarter of the Northeast Quarter, a distance of
665.28 feet; thence on a bearing of South 80 degrees 28 minutes 53 seconds
East, a distance of 626.58 feet (620.50 feet deeded), to the east line of said
Northwest Quarter of the Southeast Quarter; thence on a bearing of North 00
degrees 28 minutes 16 seconds West, along the said east line of the
Northwest Quarter of the Southeast Quarter, a distance of 246.08 feet to the
point of beginning.
Excepting any portion thereof within MNDOT Right -of -Way Plat No. 10 -20.
are hereby released from the liens of the Mortgage, OWNED BY THE UNDERSIGNED, executed by
Community Bank Mankato, a Minnesota Bank/Insurance Corporation, as Mortgagor, to Bluff Creek
Senior Housing L.L.C., a Minnesota limited liability company, as Mortgagee, dated September 6, 2013,
and filed for record September 6, 2013, as Abstract Document No. A583601 in the office of the County
Recorder, Carver County, Minnesota.
COMMUNITY BANK MANKATO
A Minnesota Bank/Insurance Corporation
.fit � L. `
2(,� [print name]
Its SFe��nrc Vrt� 1' sve�7
STATE OF MINNESOTA )
)ss,
COUNTY OF 3U.& Ew2Tr+ )
The foregoing instrument was acknowledged before me this ;�C "y day of Dree M rae g,
2013, by lt crraH- L. Kjutr the SF+uwa ✓ ce Pf#sraen r of Community
Bank Mankato, a Minnesota Bank/Insurance Corporation, on behalf f the Qbank.
(2,
Notary Public
17or ERIC G. POP PLR
Notary Public- Minnesota
My commission F_ p,: "m 31, 2015
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, MN 55121
Telephone: 651- 452 -5000
AMP /jmo
173505
1
Document NO. OFFICE OF THE
A 590183 COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on January 28, 2014 1:46 PM
Fee: $46.00
590183
III IlIIIIIIIII
Mark Lundgren
I III County Recorder
GRANT OF PERMANENT EASEMENT
THIS SANITARY SEWER EASEMENT AGREEMENT elAgreement ") is made
and entered as of the L3_L day of J)1'C M�ag j-, 2013, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation, ( "City ") and BLUFF CREEK SENIOR
HOUSING L.L.C., a Minnesota limited liability company, ( "Grantee ") (collectively as the
"Parties ").
RECITALS
A. The City is the fee owner of property legally described on Exhibit A ( "City
Property ");
B. Grantee is the owner of property abutting the City Property to be developed for
senior housing, which property is legally described on Exhibit B ( "Benefited Property);
C. In order to serve the Benefited Property and connect to public sanitary sewer,
Grantee must install a private sanitary sewer line across City Property;
NOW, THEREFORE, in consideration of the sum of One and No /100 Dollars ($1.00)
and other good and valuable consideration to them in hand paid by Grantee, the receipt and
sufficiency of which is hereby acknowledged by the City:
1. Easement. The City hereby grants unto Grantee, its successors and assigns,
forever, a non - exclusive easement to construct, operate, repair and maintain private sanitary
sewer utility ( "Utility System ") for private use over, across, on, under, and through land situated
within the County of Carver, State of Minnesota, as described on the attached Exhibit "C"
('Basement Premises "). The Easement shall run with the title to the Benefited Property and shall
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors and assigns, including, but without limitation all subsequent owners of the Benefited
Property and all persons claiming under them. The Easement shall include the rights of the
Grantee, its contractors, agents, employees, and assigns, to enter upon the easement premises at
all reasonable rimes to construct, reconstruct, inspect, repair, and maintain said Utility System
over, across, on, under, and through the Easement Premises, together with the right to grade,
173506
level, fill, drain, pave, and excavate the easement premises, and the further right to remove trees,
bushes, undergrowth, and other obstructions interfering with the location, construction, and
maintenance of said Utility System.
2. Location of Utility Facilities. The Utility System shall be located and constructed
so as not to interfere with the safety and convenience of ordinary travel along and over public
ways and so as not to disrupt normal operation of any facilities used for providing sewer, water,
or any other public utility service owned or operated by the City or agency thereof ( "City Utility
System "). Grantee's construction, operation, repair, maintenance and location of such Utility
System shall be subject to other ordinances or regulations of the City.
3. Grantee Protection of Utility sue. Grantee shall take reasonable measures to
prevent the Grantee's Utility System from causing damage to persons or property. Grantee shall
take reasonable measures to protect the Utility System from damage that could be inflicted on
the facilities by persons, property, or the elements. Grantee shall take protective measures when
the City performs work near the Utility System, if given reasonable notice by the City of such
work prior to its commencement.
4. Restoration. Upon completion of any work requiring the opening of the Easement
Premises, Grantee shall, in all cases, place the Easement Premises in, on, under or across which
the same are located in as good condition as they were prior to said operation. Grantee shall also
maintain the same in good condition for two (2) years thereafter. The work shall be completed as
promptly as weather permits, and if Grantee shall not promptly perform and complete the work,
remove all dirt, rubbish, equipment and material, and put the Easement Premises in the said
condition, the City shall have, after demand to Grantee to cure and the passage of a reasonable
period of time following the demand, but not to exceed five (5) days, the right to make the
restoration at the expense of Grantee. Grantee shall pay to the City the cost of such work done
for or performed by the City, including its administrative expense and overhead, plus ten percent
(10 %) additional as liquidated damages. This remedy shall be in addition to any other remedy
available to the City.
5. Permission for Excavation. Grantee shall not open or disturb the surface of the
Easement Premises for any purpose without first having obtained permission from the City, for
which the City may impose a reasonable fee. Permit conditions imposed on Grantee shall not be
more burdensome than those imposed on other utilities for similar facilities or work. Grantee
may, however, open and disturb the Easement Premises without permission from the City where
an emergency exists requiring the immediate repair of Utility System. In such event Grantee
shall notify the City by telephone to the office designated by the City before opening or
disturbing the Easement Premises. On the next working day thereafter, Grantee shall obtain any
required permits and pay any required fees.
6. Amendment. Upon installation of the Utility System, the Parties shall amend the
legal description of the Easement Premises to provide for the actual location of the Utility
System and a total easement width of 20 feet.
173506
7. Termination. This Easement shall terminate if the Utility System is abandoned or
relocated from the City Property.
8. Indemnification. Grantee shall indemnify, keep and hold the City, its elected
officials, officers, employees, and agents free and harmless from any and all liability on account
of injury or death of persons or damage to or depreciation in value of property occasioned by the
construction, maintenance, repair, inspection, the issuance of permits, or the operation of
Grantee's property located in, on, over, under, or across the Easement Premises. The City shall
not be indemnified for losses or claims occasioned through it own negligence except for losses or
claims arising out of or alleging the City's negligence as to the issuance of permits for, or
inspection of, the Grantee's plans or work.
9. Grantee to Defend Claims. hi the event a suit is brought against the City under
circumstances where this agreement to indemnify applies, Grantee at its sole cost and expense
shall defend the City in such suit if written notice thereof is promptly given to Grantee within a
period wherein Grantee is not prejudiced by lack of such notice. If Grantee is required to
indemnify and defend, it will thereafter have control of such litigation, but Grantee may not
settle such litigation without the consent of the City, which consent shall not be unreasonably
withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise
available to the City; and Grantee, in defending any action on behalf of the City shall be entitled
to assert in any action every defense or immunity that the City could assert in its own behalf.
10. Compliance with Applicable Laws. Grantee shall at all times comply with all
applicable laws, ordinances, rules, regulations, and codes, federal, state, and local, whether now
or hereafter promulgated or enacted. At no time shall the installation, operation, or maintenance
of the system endanger or interfere with the safety of persons or property in the City.
IN TESTIMONY WHEREOF, the parties hereto have signed this document this 31st
day of December 2013.
173506
BLUFF CREEK SENIOR HOUSING,
STATE OF MINNESOTA )
) ss.
COUNTY OF C �q .Rv )
The foregoing instrument was acknowledged before me this 3 i sr day of
�E 2013, by 1<Ur4br Lrt„wfihe P, >zz; n r of Bluff
Creek Senior Housing, L.L.C., a Minnesota limited liability company, Grantee, on behalf of the
company.
SUSAN A KERBER
ax` Notary Public
§ State of Minnesota
My Commission Exf5ires
January 31, 2015
173506
Notary Public
(Seal)
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
CITY OF CHANHASSEN
a Minnesota municipal corporation
Tom Furlong, Its Mayor
— Todd Gerhardt, Its City Manager
The foregoing instrument was acknowledged before me this day of ZPg_01 -fin
2013, by Tom Furlong and Todd Gerhardt, respectively the Mayor and City
Manager of the City of Chanhassen, a Minnesota municipal corporation, Grantor, on behalf of
the corporation and pursuant to the authority gr ted by the City Council.
Not ry lic
"'� KIM T. MEUWISSEN
's Ncla -v Public- Minnesota
MYCIII ` ssion Expires Jan 31, 2015
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
AMP /jmo
173506
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
Legal Description of City Property:
The North 306.00 feet of the following described parcel:
That part of the Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the
Southeast Quarter of said Section 27, Township 116, Range 23 West of the Fifth Principle
Meridian, described as follows:
Commencing at the southeast corner of the said Southwest Quarter of the Northeast Quarter,
thence on an assumed bearing of North 00 degrees 28 minutes 53 seconds West, along the east
line of said Southwest Quarter of the Northeast Quarter, a distance of 528.00 feet; thence on a
bearing of South 89 degrees 31 minutes 07 seconds West, a distance of 617.10 feet; thence on a
bearing of South 00 degrees 28 minutes 53 seconds East, parallel with said east line of the
Southwest Quarter of the Northeast Quarter, a distance of 665.28 feet; thence on a bearing of
South 80 degrees 28 minutes 53 seconds East, a distance of 626.58 feet (620.50 feet deeded), to
the east line of said Northwest Quarter of the Southeast Quarter; thence on a bearing of North 00
degrees 28 minutes 16 seconds West, along the said east line of the Northwest Quarter of the
Southeast Quarter, a distance of 246.08 feet to the point of beginning.
Excepting any portion thereof within MNDOT Right -of -Way Plat No. 10 -20.
173506
EXHIBIT "B"
TO
GRANT OF PERMANENT EASEMENT
Legal Description of Benefited Property:
That part which lies South of the North 306.00 feet of the following described parcel:
That part of the Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the
Southeast Quarter of said Section 27, Township 116, Range 23 West of the Fifth Principle
Meridian, described as follows:
Commencing at the southeast corner of the said Southwest Quarter of the Northeast Quarter,
thence on an assumed bearing of North 00 degrees 28 minutes 53 seconds West, along the east
line of said Southwest Quarter of the Northeast Quarter, a distance of 528.00 feet; thence on a
bearing of South 89 degrees 31 minutes 07 seconds West, a distance of 617.10 feet; thence on a
bearing of South 00 degrees 28 minutes 53 seconds East, parallel with said east line of the
Southwest Quarter of the Northeast Quarter, a distance of 665.28 feet; thence on a bearing of
South 80 degrees 28 minutes 53 seconds East, a distance of 626.58 feet (620.50 feet deeded), to
the east line of said Northwest Quarter of the Southeast Quarter, thence on a bearing of North 00
degrees 28 minutes 16 seconds West, along the said east line of the Northwest Quarter of the
Southeast Quarter, a distance of 246.08 feet to the point of beginning.
Excepting any portion thereof within MNDOT Right -of -Way Plat No. 10 -20.
173506
EXHIBIT C
PROPOSED SANITARY FORCEMAIN EASEMENT
AS PART OF THE
BLUFF CREEK SENIOR HOUSING DEVELOPEMENT
(December 6, 2013)
An easement for sanitary forcemain purposes over, under and across that part of the following described
property:
The North 306.00 feet of that part of the Southwest Quarter of the Northeast Quarter and the Northwest
Quarter of the Southeast Quarter of said Section 27, Township 116, Range 23 West of the Fifth Principle
Meridian, describes as follows:
Commencing at the southeast corner of the said Southwest Quarter of the Northeast Quarter; thence on an
assumed bearing of North 00 degrees 28 minutes 53 seconds West, along the east line of said Southwest
Quarter of the Northeast Quarter, a distance of 528.00 feet; thence on a bearing of South 89 degrees 31
minutes 07 seconds West, a distance of 617.10 feet; thence on a bearing of South 00 degrees 28 minutes 53
seconds East, parallel with said east line of the Southwest Quarter of the Northeast Quarter, a distance of
665.28 feet; thence on a bearing of South 80 degrees 28 minutes 53 seconds East, a distance of 626.58
feet(620.50 feet deeded), to the east line of said Northwest Quarter of the Southeast Quarter; thence on a
bearing of North 00 degrees 28 minutes 16 seconds West, along the said east line of the Northwest Quarter
of the Southeast Quarter, a distance of 246.08 feet to the point of beginning. Excepting any portion thereof
within MNDOT Right -of -Way Plat. No. 10 -20
Said easement being a 20 foot wide strip of land the centerline of which is described as follows:
Commencing at the northwest corner of the above described parcel; thence easterly along the north line
thereof a distance of 148.57 feet to the point of beginning of the centerline to be described; thence southerly
deflecting to the left 89 degrees 52 minutes 54 seconds, 9.91 feet; thence southeasterly a distance of 267.13
feet, along a tangential curve concave to the northeast, having a radius of 300.00 feet and a central angle of 51
degrees 01 minutes 03 seconds; thence southeasterly, tangent to said curve a distance of 100.64 feet to the
south line of the above described property and said centerline there terminating.
The sidelines of said easement are to be prolonged or shortened so as to begin on the north line of the above
described property and terminate on the south line of the above described property.
I hereby certify Mat this survey, plan or report was prepared by me or under my direct supemsion and
that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota.
Dated this 6th day of December, 2013.
SATHRE- BERGGUI .
Rory L Synstelien, PLS Minnesota License No. 44565
nary@salhre.com
SATHRE- BERGQUIST, INC.
150 South Broadway Ave.
Wayzata, MN. 55391
(952) 476-6000 www.sathre.com
Easement Exhibit Date: 1M -13 ReNSion Data
Prepared By RLS Check By:
Prepared For
Layout Sheet:
DDK Construction I Project Number: 16572 -001
t
617.10'
148.57
n
I �
/ rn / �•
ly to
o I r O 89 052'54 "' r� ;
to (k
r
s I I n i �n 'v
v'v
Z o �` 1-x ,
c c
8
�0 /
I
01i:00 �0�3 °�a` 3:m
N .O O
ui I �/ 70
e S7. O �oj vQ Qv °* /
o of / Y z /
N8931'07 "E ��ly \I
334.68 Q,°�ae� I /
�- -The South Line Of The North 306.00
2
wl
!a
N \
o Se Corner
Of The SW
— _ 1/4 Of The
NE 1/4 Of
/ — South Line Of The SW 1/4 Of The t Sec. 27,
NE 1/4 Of Sec. 27, T116N, R23W T116N
� -- --R23W
South Line Of The I t• T: North Line —Of NW 1/4 Of The I —
Ne Y..Section 27 n I "r SW 1/4 Of Sec. 27, T116N, R23W
J
J.� East Line Of SW 1/4 Of The
f> NE 1/4 Of Section 27 --\
A J n -n ^ "r Right Of Way Per N
Minnesota Department Of
�" Transportation Right Of Way
Plat No. 10 -21
N0111
L
-� n
-Cn y m
0 0 _ too zoo
�_
626. /Z SCALE IN FEET
I
0 Proposed Easement Area
Ihereby certify that this survey, plan or report was prepared by me or under my direct superosion and �e < ^' '`°a"e SATHRE- BERGQUIST, INC.
Nat I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. g
Dated this 6th day of December, 2013. 150 South Broadway Ave.
Po Wayzata, MN. 55391
SATHRE- BERGDUIST, 1 ° °^'E °g p �� (952) 476 -6000 w .sathre.com
Easement Exhibit Dala ,2-6-13 Revision Data:
Prepared By. RLS Check By:
Prepared For
Rory L Synsleliea PLS 'Minnesota License No 44565 Leyoul Sheet: 2
rory@sathre.com DDK Construction Project Number: 16572401 V 2
srwb '
PID# P ,09JL4 ,
No delinquent taxes and transfer
entered: CeMill to of
Real Estate Value ( ) Filed Not Required
20A-
qAihm Davies Ca CountyAuditor- Treasurer
e.�
Document No. OFFICE OF THE
A 590184 COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on January 28, 2014 1:46 PM
1111111111111111111
for Recording
WARRANTY DEED
STATE DEED TAX DUE HEREON: $1.65
Dated: L� oVe-W \4 et —a5 , 2013
Fee: $46.00
Mark Lundqren
County Recorder
FOR VALUABLE CONSIDERATION, BLUFF CREEK SENIOR HOUSING L.L.C.,
a Minnesota limited liability company, Grantor, hereby conveys and warrants to the CITY OF
CHANHASSEN, a Minnesota municipal corporation, Grantee, real property in Carver County,
Minnesota, described as follows:
See Exhibit "A" for legal description
together with all hereditaments and appurtenances belonging thereto, subject to the following:
1. Building and zoning laws, ordinances, state and federal regulations;
2. Exceptions to title which constitute encumbrances, restrictions, or easements of record;
and
3. Reservation of minerals or mineral rights to the State of Minnesota.
Check box if applicable:
® The Grantor certifies that the Grantor does not know of any wells on the described real
property.
❑ A well disclosure certificate accompanies this document.
❑ I am familiar with the property described in this instrument and I certify that the status and
number of wells on the described real property has not changed since the last previously filed
well disclosure certificate.
173503
Deed Tax of $J
paid on 41ACC(Date)
Conservation Fee Paid
Laurie Davies
Carver County Auditor - Treasurer
Current taxes on parcel split described
within paid as of La(Date)
qLau' DaviesCery rCountfAuditor- Treasurer
, eputy)
City Clerk's Certification
Pursuant to M.S. 272.162
The undersigned hereby certifies:
(Check one of the following:)
� That City subdivision regulations do not
apply to this instrument.
That the subdivision of land affected by this
instrument has been approved by the
governing body of the City of Chanhassen.
That municipal restrictions on the filing and
recording of this instrument have been
waived by a resolution of the governing
body of the City of Chanhassen.
That this instrument does not comply with
municipal subdivision restrictions and the
affected land and its assessed valuation
should not be divided by the County
Auditor.
Dated: �
Bye
Deputy Chanhassen Chy Clerk
Printed Name:tge�l
-FA ree
BLUFF CREEK SENIOR HOUSING L.L.C.
A Minnesota Limited Liability Company
By: l
4�L l
Its
STATE OF MINNESOTA )
)as.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this SSW day of
Novt m tey 2013 by v h C i n U the ia-r s- 'd e F of Bluff
Creek Senior Housing L.L.C., a Minnesota ,imited Liability Company, on behalf of said
company.
SUSAN
Notary Public
€I State of Minnesota
' My Commission Expires
January 31, 2075
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNMON
Professional Association
1380 Corporate Center Curve, Suite 317
Eagan, Minnesota 55121
Telephone: (51) 452 -5000
AMP /jmo
IWAMO 1
Notary Public
Tax Statements for the real property
described in this instrument should be
sent to:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, Minnesota 55317
EXIIIBIT "A'
Legal Description
The North 306.00 feet of the following described parcel:
That part of the Southwest Quarter of the Northeast Quarter and the Northwest Quar ter of the
Southeast Quarter of said Section 27, Township 116, Range 23 West of the Fifth Principle
Meridian, described as follows:
Commencing at the southeast comer of the said Southwest Quarter of the Northeast Quarter,
thence on an assumed bearing of North 00 degrees 28 minutes 53 seconds West, along the east
line of said Southwest Quarter of the Northeast Quarter, a distance of 528.00 feet; thence on a
bearing of South 89 degrees 31 minutes 07 seconds West, a distance of 617.10 feet; thence on a
bearing of South 00 degrees 28 minutes 53 seconds East, parallel with said east line of the
Southwest Quarter of the Northeast Quarter, a distance of 665.28 feet; thence on a bearing of
South 80 degrees 28 minutes 53 seconds East, a distance of 626.58 feet (620.50 feet deeded), to
the east line of said Northwest Quarter of the Southeast Quarter; thence on a bearing of North 00
degrees 28 minutes 16 seconds West, along the said east line of the Northwest Quarter of the
Southeast Quarter, a distance of 246.08 feet to the point of beginning.
Excepting any portion thereof within MNDOT Right -of -Way Plat No. 10 -20.
173503