HomeMy WebLinkAbout5.a. Request by SKB to Extend the Expiration Date of their IUP from 10-7-13 to 12-31-13��&C'.)SEMOUNT EXECUTIVE SUMMARY
PLANNING COMMISSION
Planning Commission Meeting Date:
Tentative City Council Meeting Date:
August 27, 2013
September 17, 2013
AGENDA ITEM: Case 8- 184UP; Request by SKB
Environmental, Inc. to Extend the
AGENDA SECTION:
Expiration Date of their Interim Use Permit
Public Hearing
from October 7, 2013 to December 31,
2013.
PREPARED BY: Eric Zweber, Senior Planner
AGENDA NO. Yq.
ATTACHMENTS: SKB Five -Year Interim Use Permit Issued
October 7, 2008.
APPROVED BY: ��
RECOMMENDED ACTION: Motion to Recommend that the City Council Extend the
Expiration Date of their Interim Use Permit from October 7, 2013 to December 31, 2013.
ISSUE
On October 7, 2008, the City Council approved a five -year Interim Use Permit (IUP) to SKB
Environmental, Inc. for the operation of an industrial waste and construction & demolition debris landfill
at 13425 Courthouse Boulevard with a total capacity of 26,874,103 cubic yards. SKB has submitted a
request for a new IUP that would expand their landfill including filling slightly over 9 acres of wetlands.
SKB is preparing a wetland mitigation plan, but that plan has yet to be submitted. For that reason, staff
cannot support a recommendation for the requested expansion at this time.
To ensure that SKB's current IUP does not expire, staff recommends that the Planning Commission
conduct a Public Hearing regarding extending the expiration date for the current IUP to December 31,
2013. This will give staff and SKB sufficient time to evaluate the wetland mitigation proposal and other
outstanding issues. SKB will need to continue operating under the conditions of the existing IUP until the
new IUP is approved.
RECOMMENDATION
Staff recommends that the Planning Commission recommend extending the expiration date of the SKB
Interim Use Permit from October 7, 2013 to December 31, 2013.
INTERIM USE PERMIT AGREEMENT
REISSUANCE to SKB, INC.
MINNESOTA INDUSTRIAL CONTAINMENT FACILITY
THIS AGREEMENT, is made this day of 2008 by and between SKB
Environmental Inc. (hereinafter "SKB ") and the City of Rosemount, a Minnesota municipal
corporation (hereinafter the "City ").
1. Interim Use Permit. SKB assumed the obligations of an Interim Use Permit
QUP) originally granted by the City on March 19, 1992 (Resolution 2000 -29) for the
construction, operation, and maintenance of the Minnesota Industrial Containment Facility
(MICF). The execution of this Agreement by the parties shall constitute approval and reissuance
of the IUP by the City subject to the provision of this Agreement. This Agreement constitutes the
reissued IUP, as amended. Compliance with Minnesota Pollution Control Agency Permit No.
SW -383, dated May 8, 2008 (MPCA Permit) as renewed and amended, and Dakota County Solid
Waste License associated with SW -383 (DC License) as renewed and amended, which are
incorporated herein by reference, and conformance with the application of SKB to the City as
amended by the plan for finished design approved by the MPCA and Dakota County, are
conditions of the IUP. This IUP is issued by the City in accordance with Ordinance B, City of
Rosemount Zoning Ordinance, adopted September 19,1996, as amended, including Section 11.3.
2. Term. The MICF Permit Renewal Application for Permit No. 383
Minnesota Industrial Containment Facility, Rosemount, Minnesota Volumes I, II, III, and IV,
dated April 2008, (the "MICF Permit Application ") and revised plan sheets dated September 24,
2008 in response to the Planning Commission review, details the revised design, construction,
operation, closure, corrective actions, and revisions thereto, and financial assurances for a six cell
non - hazardous industrial waste containment and construction and demolition facility, with an
anticipated operating life of forty one (41) years. Construction, operation, and closure of the
individual cells will be phased throughout the operating life of the facility. Consistent with the
term of MPCA Permit and the provisions of Ordinance B, this IUP is valid for five years from
October 7, 2008, or until terminated or amended by the City. Prior to expiration of the IUP, or to
apply for an amended IUP, SKB shall request that the City review and reissue the IUP. To avoid
possible termination of the IUP at the time the IUP expires, an application for reissuance of the
permit must be submitted no later than 180 calendar days before the expiration date of the permit.
The reissuance of the IUP may, at the option of the City, be approved without modification to this
Agreement, or the City may require SKB to modify this Agreement.
3. MICF Description. MICF is located on property legally described on
attached Exhibit A. The 236 -acre site is located between TH55 and 140t` Street East, lying
easterly of the Chicago and Northwestern Railroad. The location of MICF is illustrated on
attached Exhibit B.
MICF consists of six (6) containment cells, each occupying a surface area and
waste volume capacity as follows:
(a) Cell 1 contains 5.1 acres and 338,442 cubic yards;
(b) Cell 2 contains 17.1 acres and 1,422,199 cubic yards;
(c) Cell 3 contains 39.3 acres and 7,245,253 cubic yards; and
(d) Cell 4 contains 12.3 acres and 2,648,950 cubic yards; and
(e) Cell 5 contains 41.2 acres and 8,790,300 cubic yards; and
(fl Cell 6 contains 36.0 acres and 6,428,959 cubic yards.
The anticipated operating life of MICF is forty one (41) years based on a total capacity of
26,874,103 cubic yards. The facility also consists of an office/laboratory building, a container
management building, rail and truck unloading facilities, leachate storage tanks and on -site
stormwater retention areas. The general site plan is illustrated on attached Exhibit C.
This Agreement allows for the construction and maintenance of all the roadways,
railways, buildings, leachate storage tanks, stormwater retention structures, sanitary sewer,
berming, landscaping, and other ancillary components of MICF. Such construction and
maintenance is subject to the provisions of this Agreement, compliance with City ordinances and
issuance of necessary permits. Subject to the provisions of Section 14, this Agreement also
allows for the construction, operation, closure and post - closure care of cells 1, 2, 3, 4, 5, and 6
and all related earth work and excavation, subject to the provisions of this Agreement,
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compliance with City ordinances and issuance of necessary permits.
4. Environmental Assessment Worksheet (EAW). The City, as the
Responsible Unit of Government (RGU), conducted on EAW in accordance with State Rules for
the proposed landfill expansion to create Cell 6. On October 7, 2008, the City Council found that
the proposed expansion does not have the potential for significant environmental effects and
issued a negative declaration of need for an Environmental Impact Statement (EIS).
5. Design Plans and Specifications. SKB shall construct MICF in accordance
with plans, specifications and procedures approved by the Minnesota Pollution Control Agency
(MPCA), Dakota County (DC) and the City. Landscaping shall be completed in accordance with
the plan for finished design approved by the MPCA, DC and the City. Any exceptions to the
approved plans and specifications made during construction shall be listed in the Construction
Certification provided pursuant to Section 9. SKB shall not make any alteration or addition to
MICF that would materially alter the method or effect of disposal without first obtaining the
written approval of the City Administrator.
6. Tree Replacement. SKB has provided a landscape and tree replacement
plan that meets the Ordinance requirement of 769 replacement trees. The landscaping and tree
replacement plans are intended to serve as a guideline, not the exact location of all the
replacement trees. City staff will work with SKB to determine beneficial locations for the
replacement trees to be planted so long as the final replacement continues to meet ordinance
requirements. If significant modifications to the tree replacement plan are requested, final
approval by the City Council is required. SKB shall submit a financial security acceptable to the
City in the amount of $50,000 to guarantee that the trees will be planted and survive a one year
warranty period. The financial security will be released on a pro -rated basis as the trees are
installed.
7. Quality Assurance/Quality Control. SKB shall construct, operate, and
monitor MICF in accordance with the quality assurance/quality control plan(s) approved by
MPCA. Any modifications to the quality assurance /quality control plan(s) require the written
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approval of the City Administrator.
8. Additional Construction Permits. SKB shall obtain all required
construction permits, such as grading, excavation, building, plumbing, heating, electrical, and
occupancy permits, in accordance with the adopted standards, procedures, and requirements of
the City. All construction permits for improvements identified in Section 3 and authorized by
Issuance of the NP are administratively issued and administered.
9. Construction Inspection. SKB shall instruct its contractors and
subcontractors to contact the City at least two (2) working days in advance of routine inspections
(building, plumbing, electrical, etc.) required by the City. SKB shall contact the City at least ten
(10) working days in advance of the commencement of construction of liner installations, leachate
collection systems, and final cell cover. During hours of construction, SKB shall grant the City and
its agent, upon presentation of proper credentials, access to MICF for the purpose of inspections
and enforcement related to construction.
10. Sanitary Sewer Connection. MICF shall remain connected to the
Metropolitan Interceptor and the Rosemount Wastewater Treatment Plant. SKB will be responsible
for all costs resulting from the sewer connection including, but not limited to, the City's
engineering, construction, permitting, easement, and legal costs.
11. Construction Certification. Within thirty (30) days of construction
completion, SKB shall submit to the City a copy of the construction certification as required by
MPCA.
12. Soil Protective Cover. The City acknowledges the ongoing nature of soil
cover placement and will not require notice for inspections. The City and its agents may make
random inspections throughout the life of MICF.
13. Operations and Maintenance. SKB shall operate and maintain MICF in
accordance with the "Operational Plans" (volume III, MICF Permit Application), MPCA Permit,
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and DC License. No amendments may be made to the "Operational Plans" without the written
approval of the City Administrator.
14. Waste Acceptance. SKB shall accept reject, and manage wastes according
to the approved "Waste Acceptance Plan" (Volume H MICF Permit Application). SKB shall not
dispose of any wastes identified as unacceptable wastes in the "Waste Acceptance Plan ", City
Zoning Ordinance, DC License or MPCA Permit. No amendments may be made to the "Waste
Acceptance Plan" without the written approval of the City Administrator.
A. Disposal of Ash/Conditions. Despite the provision of Section 12 above, SKB
may dispose of ash at MICF, but only pursuant to the following conditions:
1) SKB shall not use ash as cover over waste when fill heights exceed the height
of the perimeter berm at the MICF.
2) During transport of all ash to the MICF, trucks carrying ash must be covered
with tarpaulins adequate to limit dusting.
3) SKB shall take adequate steps to prevent dust migration from ash disposal at
the MICF. SKB may utilize, but is not limited to, one or more of the following
methods for dust control: a) conditioning the ash by addition of moisture; b)
handling ash when wind conditions are calm; c) immediately covering ash with
cover materials. All methods utilized must be in conformance with all other
provisions of the permit.
4) Ash disposal at MICF must not result in leachate discharges to the Rosemount
Waste Water Treatment Plant (WWTP) that fail to comply with Industrial
Discharge Permit requirements of the MWCC.
5) SKB shall submit with its annual report a summary of the quantity (in tons and
cubic yards), type and source of ash deposited into MICF and shall provide an
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evaluation of the effects of ash on the chemical composition of leachate
discharged from the MICF to the Rosemount WWTP.
6) Any ash disposal that requires an Environmental Assessment Worksheet
(EAW) and/or an Environmental Impact Statement (EIS) shall not be permitted
under this permit without first securing approval by the City Council following
completion of the environmental review process.
15. Recycling/ Transfer Facility. SKB shall operate and maintain the
Recycling/Transfer Facility in accordance with Section 10, Volume I, MICF Permit Application,
subject to the following conditions:
A. Any MSW brought to the recycling and transfer facility shall be stored indoors
during the entire time that it is on site.
B. A vermin control plan for the recycling and transfer facility
shall be prepared and approved by City staff that may
include the plan being prepared by a pest and vermin control
professional and periodic inspections of the facility by a pest
or vermin control professional.
C. The recycling and transfer facility shall be constructed of a minimum of 40%
masonry for each side of the facility.
16. Wetland Mitigation. Wetland mitigation shall comply with the conditions
and standards Minnesota Wetland Conservation Act Notice of Wetland Conservation Act
Decision/Findings and Conclusions dated October 7, 2008.
17. Personnel Training. All SKB personnel involved in the operations and
maintenance of MICF shall be trained, qualified, and certified as identified in the "Operational
Plans ".
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18. Incident Reporting. For any incident during operations at MICF resulting
in emergency shutdown, personal injury, release, explosion or fire, SKB shall notify the City's
Police Department by telephone within two (2) hours of the detection of the incident;
emergencies shall require immediate notification. SKB shall promptly furnish the City with
written reports of the incident, as specified in the plans.
19. General inspections, Records, Reporting, Enforcement. SKB shall, during
normal operating hours, grant the City and its agents, upon presentation of proper credentials,
access to MICF for the purpose of inspections and enforcement of this agreement. Except for
information deemed privileged in accordance with state law, SKB shall allow the City to inspect
written documentation pertaining to compliance by SKB with the terms of this IUP. Records
pertaining to compliance at MICF shall include but are not limited to, operating records as
described in the "Operational Plans ", the "Corrective Action Plan", and MPCA Permit;
inspection records; monitoring, investigation and modeling data; personnel training records,
reports and plans required by regulatory agencies; correspondence with regulatory agencies; and
records and correspondence regarding waste characterization, evaluation, management,
inspection and acceptance /rejection. All information obtained during the course of inspections
shall be used solely by the City or its agents for matters pertaining to this NP.
SKB shall simultaneously submit to the City a copy of all reports required to be
submitted to the MPCA, Dakota County, OSHA and any other governmental regulatory
agencies, unless such submission is waived in writing by the City Administrator.
Copies of all inspection or incident reports received by SKB from the MPCA, Dakota
County, OSHA and any other governmental regulatory agencies shall be forwarded to the City
within five working days of receipt by SKB, unless forwarding of such reports is waived in
writing by the City Administrator.
20. Contingency Actions. SKB shall implement contingency and/or corrective
actions as specified in the permit application and MPCA Permit and DC License. SKB shall
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furnish the City with a copy of the remedial measures report or remedial measures plan,
according to the timetable specified in MPCA Permit. No amendments may be made to the
Corrective Action Plan" or the " Postclosure Contingency Action Plan" without the written
approval of the City Administrator.
21. Monitoring/Reporting. SKB shall monitor MICF in accordance with
MPCA Permit. Nothing shall be construed to prevent SKB from exceeding MPCA Permit
requirements.
22. Closure. SKB shall close MICF in accordance with the Requirements of
MPCA Permit. SKB shall notify the City at least ten (10) working days prior to the date closure
activities for each cell are scheduled to begin. SKB shall notify the City at least ninety (90) days
prior to the date final closure activities for MICF are scheduled to begin. Upon completion of
closure of a cell or MICF, SKB shall notify the City to provide the opportunity for a final
inspection. A copy of the closure certification and supporting documentation that is required by
MPCA Permit shall be submitted to the City upon submittal to the MPCA. No amendment may
be made to the "Closure Plan" (Volume I, MICF Permit Application), as amended by Exhibit E
of this Agreement, without the written approval of the City Administrator.
Closure under previously approved plans would have required expenditure of
approximately three to four million dollars (expressed in 2003 dollars). Because the closure
plans approved by this Agreement will be substantially less expensive and of less benefit to the
City, the Development Commitment is amended to provide for the payment to the City of an
additional payment of $25,000 per year for 10 years commencing on July 1, 2004, to be used by
the City for landscaping and natural resource projects.
23. Postclosure. SKB shall provide postclosure care of MICF in accordance
with the requirements of MPCA Permit. No amendments may be made to the " Postclosure Plan'
(Volume I, MICF Permit Application) without the written approval of the City Administrator.
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24. Financial Assurances. SKB shall comply with the financial assurance
requirements of the MPCA and DC. No reduction in the financial assurance requirements may be
made without the written approval of the City Administrator.
25. Development Commitment. The provisions of the Development
Commitment, approved by the City Council on October 7, 2008 are incorporated by reference as
conditions of the IUP and attached as Exhibit D. With respect to the disposal of ash as
authorized in Section 14. A. of this Agreement, SKB shall pay the sum of $3.25 per ton, based
upon a waste generator charge of $75.00 per ton for the City base service charge, as identified in
Section l0b of Exhibit D. The ash disposal charges set forth in this Section are subject to the
generator charge adjustments set forth in Section 10c of Exhibit D. In addition, with respect to
the disposal of construction and demolition waste, SKB shall pay the sum of $ .85 per cubic yard
of construction and demolition waste deposited in the Facility, as identified in Section lob of
Exhibit D.
The provisions of this Section and Sections 9, 10, and 11 of Exhibit D shall
survive the termination of the Agreement and shall remain in effect for one year following closure
of the MICF.
Notwithstanding any provision of Section 2 of this Agreement, the City will not
require any amendment of the Development Commitment for 15 years from the date of this
Agreement.
26. Responsibility for Costs. SKB and the City agree to fund the out -of- pocket
expenses incurred by the City in the review and issuance of the reissued IUP, according to the
provisions of the Development Commitment. Costs incurred by the City for ongoing monitoring
of the operation of MICF and administration of the " shall be paid by the City.
Notwithstanding any provision of Section 2 of this Agreement, the City will not require any
amendment of the Development Commitment for 15 years from the date of this Agreement.
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27. Hours of Operation and Traffic Control. MICF operations are restricted to
the hours of 6: 00 a. m. to 8: 00 p. m., Monday through Saturday. The hours of operation may be
amended by the City Council for reasonable cause. The City Council may impose traffic
circulation and routing requirements on the operation of MICF at any time it deems such
requirements necessary or convenient in the public interest. Such requirements, which may
include restricting trucks entering or leaving MICF to right -in and right -out turning movements
to and from CR 42 and TH 55, shall be given in writing and shall specify the days, times or
circumstances during which such requirements apply.
28. Indemnification. SKB shall defend, indemnify and save the City, its
officers, and employees harmless from and against any and all claims, suits, demands, actions,
fines, damages and liabilities, and all costs and expenses related thereto (including, without
limitation, reasonable attorneys' fees) arising out of or in any way related to MICF.
The provisions of the Section shall survive the termination of this Agreement and
shall remain in effect until final resolution of any and all of the various claims and actions made
as defined in this Section.
29. Other Laws and regulations. SKB agrees to comply with all other laws,
regulation, permits, or licenses that apply to MICF.
30. Severability. If any provision of this Agreement is found to be invalid,
such finding shall have no effect on the validity of the remainder of this Agreement.
31. Notice of Violation. Notice of violation of any provision of the IUP shall
be given to SKB by the City in writing. Such written notice shall specify the violation and
request that the violation be corrected. SKB shall have ten (10) days after receipt of notice to
correct the violation. Upon evidence that the health, safety, and welfare of the public is not in
jeopardy and upon evidence of diligent cooperation by SKB to correct the violation, the City
Administrator may agree in writing to extend the ten -day period.
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32. Termination. This IUP shall terminate on the happening of any of the
following events, whichever first occurs:
(1) Five (5) years from the date of October 7, 2008;
(2) Upon change in the City's zoning regulation that renders the use
nonconforming;
(3) By the City Council (Council) for violation of any provisions of the IUP, in
accordance with the following procedures: Termination shall not occur earlier than
ten (10) working days from the time the written notice of termination is served on
SKB or, if a hearing is requested, until written notice of the Council action has
been served on SKB. Notice to SKB shall be served personally or by registered or
certified mail at the address designated in the IUP. Such written notice of
termination, the nature of the violation or violations constituting the basis for the
termination, the facts that support the conclusion that a violation or violations has
occurred and a statement that if SKB desires to appeal, it must within ten (10)
working days, exclusive of the day of service, file a request for a hearing. The
hearing request shall be in writing stating the grounds for appeal and be served
personally or by registered or certified mail on the City by midnight of the tenth
(10th) working day following service. Following receipt of a request for a hearing,
the City shall set a time and a place for the hearing.
HEARINGS:
A. If SKB properly requests a hearing on termination of the IUP, such hearing shall
be held before the Council, or a hearing examiner as provided below, and shall be
open to the public.
B. Unless an extension of time is requested by SKB in writing directed to the City
and is granted, the hearing will be held no later than forty-five (45) calendar days
after the date of service of request for a hearing, exclusive of the date of such service.
In any event, such hearing shall be held no later than sixty (60) calendar days after
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the date of service of request for a hearing, exclusive of the date of such service.
C. The city shall mail notice of the hearing to SKB at least fifteen (15) working days
prior to the hearing. Such notice shall include a statement of time, place, and nature
of hearing.
D. Hearing Examiner. The Council may by resolution appoint an individual, to be
known as the hearing examiner, to conduct the hearing and to make findings of fact,
conclusions, and recommendations to the Council. The hearing examiner shall
submit the findings of fact, conclusions and recommendations to the Council in
written report, and the Council may adopt, modify, or reject the report.
E. Conduct of the Hearing. SKB may be represented by counsel. The City, SKB,
and additional parties, as determined by the Council or hearing examiner, in that
order, shall present evidence. All testimony shall be sworn under oath. All parties
shall have full opportunity to respond to and present evidence, cross examine
witnesses, and present argument. The Council or hearing examiner may also examine
witnesses.
F. The City shall have the burden of proving its position by a preponderance of the
evidence, unless a different burden is provided by substantive law, and all findings
of fact, conclusions,, and decisions by the Council shall be based on evidence
presented and matters officially noticed.
G. All evidence that possesses probative value, including hearsay, may be admitted
if it is the type people are accustomed to rely on in the conduct of their serious
affairs. Evidence that is incompetent, irrelevant, immaterial, or unduly repetitious
may be excluded. The hearing shall be confined to matters raised in the City's
written notice of termination or in SKB's written request for a hearing.
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H. At the request of the City, SKB, or the hearing examiner, a pre - hearing
conference shall be conducted by the hearing examiner, if the Council has chosen to
use one, or by a designated representative of the Council. The pre - hearing
conference shall be held no later than five (5) working days before the hearing. The
purpose of the pre- hearing conference is to:
(1) Clarify the issues to be determined at the hearing.
(2) Provide an opportunity for discovery of all relevant documentary,
photographic, or other demonstrative evidence in the possession of each
party. The hearing examiner or City's representative may require each party
to supply a reasonable number of copies of relevant evidence capable of
reproduction.
(3) Provide an opportunity for discovery of the full name and address of all
witnesses who will be called at the hearing and a brief description of the facts
and opinions to which each is expected to testify. If the names and addresses
are not known, the party shall describe them thoroughly by job duties and
involvement with the facts at issue.
I. If a pre - hearing conference is held, evidence not divulged as provided above may
be excluded at the hearing.
J. If SKB fails to appear at the hearing, it shall forfeit any right to a hearing before
the Council or hearing examiner.
33. Amendments. Any changes in the provisions of this Agreement requested
by SKB require the express written consent of the City. The City may at its option impose
addition requirements for the IUP when changes or amendments in waste management rules,
laws, or technology are in the best interest of public health, safety, and welfare, or if there are
changes in the MPCA Permit or DC License. The procedure to amend the NP shall be the same
as the procedure required to issue the IUP.
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34. Enforcement. SKB shall reimburse the City for its reasonable costs
(including without limitation engineering and legal fees) incurred in the enforcement of the IUP,
that results in a City Council decision to terminate the IUP. Payment of these costs will be in
addition to the City Service Charge, provided for in the Development Commitment.
35. Interpretation. In any challenge of the provisions of this Agreement, the
interpretation of the provisions shall be liberally construed to protect the public health, safety,
and welfare.
36. Assignment. The IUP is not assignable or transferable without the express
written consent of the City. In the event an assignment of the IUP is proposed, the City may at its
option impose additional requirements to this Agreement or may require a new agreement.
37. Notice. Notices given pursuant to this Agreement shall be personally
delivered or sent by certified mail to City of Rosemount, 2875 145th St. W., Rosemount,
Minnesota 55068 -0510 and to SKB, Inc., 13425 Courthouse Boulevard, Rosemount, Minnesota
55068. All notices shall be effective upon receipt.
38. Recording. This Agreement shall run with the subject land and may be
recorded in the Dakota County Recorder's Office.
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STATE OF MINNESOTA )
) ss.
COUNTY OF
Reo J4
zocg The foregoing instrument w
20%, by etC%ard 0 '(ara
respectively,
behalf of the corporation.
GERALYN M. NEELEy
NOTARY PUBIC -MINNESOTA
w-r�,ss'cc :spires Jan. 31,201
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
SKB ENVIRONMENTAL, INC.
By:
Its:
And by:
Its:
as acknowledged before me this t'i7day of li�
and '14K the P ^e s t ctcw t- and
of SKB Environmental, Inc., a Minnesota corporation, on
lr4���P,4 , L�11
Notarylablic
CITY OF S T
By:
Z'j'x pox
Its: Mayor
Its: Clerk
The foregoing instrument was acknowledged before me this! * -\day of ( n
2008, by William Droste and Amy Domeier, the Mayor and Clerk, respectively, of the City of
Rosemount, a Minnesota municipal corporation, on behalf of the corporation. t&ajna0LA__..
r
No tky Pubh
KATHIE J . HANSON
NOTARY PUBIC MINNESOTA
MV = E goes Jan. 31.2010
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EXHIBIT A
That part of the E1 /2 of the SEl/4 of Section 19, the NW of the SW 1/4 and the SW 1/4 of
the NW 1/4 of Section 20, all in Township 115 North, Range 18 West of the Fifth
Principal Meridian, Dakota County, Minnesota, bounded and described as follows:
Commencing at the West Quarter section line thereof, a distance of 347.4 feet to a post,
the East and West Quarter Section line thereof, a distance of 347.4 feet to a post, said
post being the point of beginning of the parcel of land herein described; thence deflecting
135 degrees 41 minutes to the right running Southwesterly along a straight line parallel
with and distant 170 feet Southeasterly, measured at right angles, from the center line of
the tangent portion of the Chicago and North Western Transportation Company (formerly
the Chicago Great Western Railway Company) belt line track to the West line of said
East Half of the SE' /4 of Section 19; thence Northerly along said West line of the East
Half of the SE % of Section 19 to the center line of said belt line track; then Northeasterly
along said belt line track center line to a point in the Southwesterly right -of -way line of
Minnesota Trunk Highway No. 55; thence Southeasterly along said right -of -way line to
an iron monument, said monument being 170 feet Southeasterly, measured at right
angles, from the center line of said belt line track; thence Southwesterly parallel with said
belt line track center line a distance of 1009.2 feet to the point of beginning.
And
That part of the E1/2 of the SE1A of Section 19, Township 115 North, Range 18 West of
the fifth Principal Meridian, which lines southeasterly of the following described line:
Commencing at the West Quarter corner of said Section 20, Township and Range
aforesaid; thence easterly along the east and west quarter section line thereof a distance of
347.4 feet to a post, which post is the point of beginning; thence deflecting 135 degrees
41 minutes to the right running southwesterly on a straight line parallel to and 170 feet
distance from, measured at right angles, the center line of the Chicago and North Western
Railway Company (formerly Chicago Great Western Railway Company) belt line track,
to the west line of the SE1/4 of the SE1 /4 of said Section 19 and there terminating.
Subject to existing public roads and all easements of record.
And
Beginning at the SE corner of the SW '/4 of the NW 1/a of Section 20, Township 115,
Range 18 west of the Fifth Principal Meridian; thence west along the south line of said
quarter section to a point which is 347.4 feet east of the southwest corner of said SW1/4
of the NW1 /4 of Section 20; thence northeasterly in a straight line to a point on the
southerly line of State Trunk Highway No. 55, which point is 203.25 feet southeasterly of
a point where the center line of the United States Government Road intersects the
southerly line of Highway 55; thence southeasterly along the southerly line of said State
Highway No. 55, to the east line of said SW1/4 of the NW1/4 of said Section 20; thence
south along the said east line to the place of beginning, all according to the Government
Survey thereof. Subject to existing public roads and all easements of record.
And
All that part of the NWl /4 of the SE1/4 of Section 20, Township 115 North, Range 18
West, described as follows: Beginning at a point on the North and South Quarter section
line of said Section 20, 330 feet South of the intersection of said Quarter line with the
Southerly right -of -way line of S.A.R. No. 55, thence North along said Quarter line to the
center of said highway, thence Southeasterly along said centerline 660 feet, thence South
and parallel with said Quarter line to a point 330 feet South of the Southerly right -of -way
line of said highway, thence Northeasterly 652.81 feet to the point of beginning,
according to the Government Survey thereof.
And
All of the SE1/4 of the NW1 /4 and the E1 /2 of the SW1 /4 lying Southerly of S.T.H. No.
55, Section 20, Township 115, Range 18. Also that part of the E1 /2 of the NW1A of
Section 29, Township 115 North, Range 18 West of the Fifth Principal Meridian which
lies northerly of County Road 38. Subject all easements of record.
on-
That part of the SE1A of the NW 1/4 of Section 20, Township 115 North, Range 18 West,
Dakota County, Minnesota, described as follows: Beginning at the point of intersection
of the west line of said SE1/4 of the NW1/4 with the southerly right of way line of the St.
Paul Southern Electric Railway as it was located on January 1, 1931; thence run south
along said west line of 293.13 feet; thence run easterly at an angle of 76 degrees 30
minutes 00 seconds to said west line (measured from north to east) for 305 feet to an
intersection with the southerly line of said railway; thence run westerly along the
southerly line of said railway for 372 feet to the point of beginning; which lies southerly
of a line run parallel with and distant 50 feet southwesterly of Line 1 described below:
Beginning at a point on the west line of said Section 30, distant 1117 feet south of
the northwest corner thereof; thence run southeasterly at an angle of 53 degrees
02 minutes 00 seconds from said west section line (measured from south to east)
for 3000 feet and there terminating; containing 0.65 acre, more or less.
And
The WI/2 of the S W 1 A of Section 20, Township 115, Range 18, according to the
Government Survey thereof, excepting therefrom the part lying northwesterly of the
following described line: Commencing at the west quarter corner of said Section 20;
thence easterly along the east and west quarter section line thereof, 347.4 feet to a post,
which post in the point of beginning; thence deflecting 135 degrees 41 minutes to the
right running southwesterly on a straight line, parallel to and 170 feet distant from,
measured at right angles, the centerline of the tangent portion of the Chicago and North
Western Railway Company (formerly Chicago Great Western Railway Company) belt
line track, to the west line of said Section 20 and there terminating.
0 SKB Environmental
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Copyright 2008, Dakota County - Map Date; July 7, 2008
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