HomeMy WebLinkAbout6.m. Case 14-29-PUD Dakota Aggregates, LLC (UMore Park) Planned Unit Development (PUD) Agreement allowing Larger and a Greater Number of Ground Signs4ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting Date: September 16, 2014
AGENDA ITEM: Case 14 -29 -PUD Dakota Aggregates, LLC
(UMore Park) Planned Unit Development
AGENDA SECTION:
(PUD) Agreement allowing Larger and a
Consent
Greater Number of Ground Signs.
PREPARED BY: Eric Zweber, Senior Planner
AGENDA NO.
(P .1% .
ATTACHMENTS: PUD Agreement; First Amendment to the
APPROVED BY:
Access and Drainage License; May 20
PUD Agreement;
onj
RECOMMENDED ACTION: Motion to Revise the Dakota Aggregate Ground Sign
Planned Unit Development Agreement, subject to the following conditions:
1. Replacement of the May 20, 2014 Planned Unit Development Agreement with
the September 16, 2014 Planned Unit Development Agreement.
2. Execution of the First Amendment of the Access and Drainage License.
3. A Letter of Credit or other form of financial security approved by the City
Attorney in the amount of 110% of the sign removal costs.
Motion to authorize the Mayor and City Clerk to enter into the Planned Unit
Development Agreement and the First Amendment to the Access and Drainage
License.
SUMMARY
On May 20, the City Council approved a Planned Unit Development (PUD) Agreement for Dakota
Aggregates to install larger and a greater number of ground signs than would be allowed in the AG —
Agricultural zoning district. The Agreement was prepared with the same format as the other PUD
agreements approved by the City. The other agreements are signed by both the applicant and the land
owner, which assigns responsibilities to both the applicant and the land owner and is recorded on the
property. The University of Minnesota is unwilling to assume responsibilities for the actions of their
tenant, Dakota Aggregates, and does not wish to record the document on the property since the PUD
approvals would expire when the interim use permit (IUP) for the Dakota Aggregates mining and
ancillary uses expire. This arrangement is consistent with the mechanism to ensure reclamation as part
of the initial mining permit approval. To accommodate the University's request, staff has prepared the
follow revisions to the PUD approval:
1. Replace the May 20 PUD Agreement with tonight's PUD Agreement that describes the
responsibilities of Dakota Aggregate.
2. Execution of the First Amendment to the Access and Drainage License with University that
would allow the City or the City's hired contractor to access the UMore property to remove
the signs if Dakota Aggregates fails to remove them.
3. A letter of credit to cover the cost of removing the signs if the City was required to hire a
contractor to remove the signs.
The proposed revisions to the PUD Agreement do not change the sign designs or the zoning
deviations approved in the May 20 PUD. The City Attorney has reviewed and approved the PUD
Agreement and the First Amendment to the Access and Drainage License.
City staff has communicated clearly to the University that City staff is recommending this PUD
arrangement for the interim mining and ancillary use operation only. Staff anticipates that the
University will be a party to the typical PUD process for the future development depicted within the
AUAR and will need to assume responsibilities as any other land owner would during residential or
commercial development.
CONCLUSION & RECOMMENDATION
Staff recommends revisions of the Planned Unit Development (PUD) Agreement.
2
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR LARGER AND GREATER NUMBER OF GROUND SIGNS
DAKOTA AGGREGATES MINING PREMISES WITHIN UMORE PARK
Recitals
THIS PLANNED UNIT DEVELOPMENT AGREEMENT (the "Agreement ") is entered into effective
as of the date of last signature below (the "Effective Date "), by and between Dakota Aggregates, LLC
( "Dakota Aggregates "), a Minnesota limited liability company, and the City of Rosemount (the "City "), a
Minnesota municipal corporation.
WHEREAS, Regents of the University of Minnesota ( "University "), as owner and lessor, and
Dakota Aggregates, as lessee, entered into a Mining Lease Agreement of approximately 40 years dated
June 8, 2011, as amended, providing for Dakota Aggregate's use of certain University property located at
UMore Park in Rosemount, Minnesota (the "Mining Premises ") for the purpose of conducting gravel
mining (the "Mining Lease "); and
WHEREAS, Dakota Aggregates submitted an application to the City requesting a Planned Unit
Development (PUD) Master Development Plan with Rezoning and Final Site and Building Plan allowing
for larger and a greater number of ground signs in certain locations on that portion of the Mining
Premises legally described on Exhibit A attached hereto and made a part hereof (the "Subject
Property ");
WHEREAS, as a condition of approval of the Planned Unit Development and rezoning, the City
has required the execution of this Agreement.
Agreement
NOW, THEREFORE, the parties agree as follows:
1. Dakota Aggregate's use and development of the Subject Property shall conform to the
following documents, plans and drawings:
a. City Resolution No. 2014 -59, attached as Exhibit B;
b. UMore Park Mining Operation — Sign PUD Site Plan (Station Trail), attached as
Exhibit C;
C. UMore Park Mining Operation — Sign PUD Site Plan (Akron Avenue), attached as
Exhibit D; and
d. Sign Plans, attached as Exhibit E;
all of which attachments are copies of original documents on file with the City and are made a part of
this Agreement.
4495641 RS220 -341
2. The following variance from City Zoning or Subdivision Code provisions were approved
in connection with the approval of the Planned Unit Development: Section 11- 8 -6.A: Sign Size and
Number. In all other respects, Dakota Aggregates' use and development of the Subject Property shall
conform to the requirements of the City Code of Ordinances.
3. Dakota Aggregates undertakes all rights and responsibilities granted by and owed to the
City with respect to this Agreement and the rezoning of the Subject Property to Agricultural /Planned
Unit Development.
4. This Agreement shall remain in effect for so long as Dakota Aggregates engages in sand
and gravel mining activities on the Subject Property. Within sixty (60) days of termination of gravel
mining operations on the Mining Premises, the ground signs authorized by approval of the PUD shall be
removed from the Subject Property by Dakota Aggregates.
5. The obligations and restrictions of the Agreement shall be enforceable against Dakota
Aggregates, its successors and assigns, by the City acting through its City Council. This Agreement may
be amended from time to time by a written amendment executed by the City and Dakota Aggregates
and consented to by the University.
6. This Agreement may be executed in counterparts, all of which, when taken together,
shall constitute one and the same Agreement.
7. The recitals and exhibits are hereby incorporated in and made a part of this Agreement.
Signatures on following page.
4495641 RS220 -341
IN WITNESS WHEREOF, the parties have executed this Agreement effective on the day
and year of the last signature entered below.
Dakota Aggregates, LLC
By:
Name:
Title:
Date:
City of Rosemount
By:
Name:
Title:
Date:
The University acknowledges and consents to the above Agreement and rezoning of the Subject
Property, with the understanding that it assumes no responsibilities or duties under the
Agreement and is not liable for any acts or omissions of Dakota Aggregates, its successors or
assigns in connection with the rezoning and Agreement. Nothing in this acknowledgement and
consent shall alter or in any way release Dakota Aggregates or any person or entity claiming by,
through, or under Dakota Aggregates from any of its covenants, agreements, liabilities and
duties under the Mining Lease.
Regents of the University of Minnesota
By: _
Name:
Title:
Date:
4495641 RS220 -341
EXHIBIT A
Subject Property
That part of the Southwest Quarter of Section 34 and the Southeast Quarter of Section 33,
all in Township 115, Range 19, Dakota County, Minnesota, described as follows:
Beginning at the southwest corner of said Southwest Quarter of Section 34; thence South
89 degrees 42 minutes 10 seconds East, assumed bearing along the south line of said
Southwest Quarter of Section 34, a distance of 2192.17 feet; thence North 04 degrees 21
minutes 18 seconds East a distance of 142.12 feet; thence North 01 degrees 12 minutes 32
seconds West a distance of 368.88 feet; thence North 01 degrees 58 minutes 09 seconds
West a distance of 266.72 feet; thence northeasterly 112.50 feet, along a tangential curve,
concave to the southeast, having a central angle of 56 degrees 02 minutes 58 seconds and a
radius of 115.00 feet; thence northerly 56.43 feet, along a non - tangential curve, concave to
the east, having a central angle of 35 degrees 55 minutes 23 seconds, a radius of 90.00 feet
and a chord which bears North 17 degrees 26 minutes 35 seconds West; thence North 00
degrees 31 minutes 07 seconds East, tangent to last described curve, a distance of 206.76
feet; thence northerly 83.26 feet, along a tangential curve, concave to the west, having a
central angle of 34 degrees 04 minutes 23 seconds and a radius of 140.00 feet; thence North
56 degrees 26 minutes 44 seconds East a distance of 45.08 feet; thence North 00 degrees 31
minutes 07 seconds East a distance of 299.38 feet; thence North 88 degrees 50 minutes 09
seconds West a distance of 537.90 feet; thence North 01 degrees 06 minutes 55 seconds
East a distance of 542.56 feet to the following described line;
Commencing at the northwest corner of said Southwest Quarter of Section 34; thence
South 00 degrees 11 minutes 58 seconds West, along the west line of said Southwest
Quarter of Section 34, a distance of 549.45 feet to the point of beginning of the line to be
described; thence South 89 degrees 28 minutes 53 seconds East a distance of 2646.92 feet
to the east line of said Southwest Quarter of Section 34 and there terminating.
thence North 89 degrees 28 minutes 53 seconds West, along said described line, a distance
of 1701.18 feet to said west line of the Southwest Quarter of Section 34; thence South 89
degrees 42 minutes 48 seconds West a distance of 133.00 feet; thence North 89 degrees 25
minutes 32 seconds West a distance of 1911.08 feet; thence South 00 degrees 00 minutes
00 seconds West a distance of 6.69 feet; thence South 24 degrees 59 minutes 14 seconds
East a distance of 32.37 feet; thence South 38 degrees 36 minutes 54 seconds East a
distance of 58.76 feet; thence South 24 degrees 49 minutes 30 seconds East a distance of
21.39 feet; thence South 08 degrees 35 minutes 01 seconds East a distance of 17.27 feet;
thence South 01 degrees 13 minutes 27 seconds East a distance of 55.61 feet; thence South
20 degrees 01 minutes 53 seconds East a distance of 40.77 feet; thence South 20 degrees 03
minutes 43 seconds East a distance of 111.64 feet; thence South 15 degrees 03 minutes 51
seconds East a distance of 118.93 feet; thence South 27 degrees 25 minutes 38 seconds
East a distance of 247.59 feet; thence South 21 degrees 09 minutes 19 seconds East a
distance of 78.57 feet; thence South 18 degrees 19 minutes 12 seconds East a distance of
190.08 feet; thence South 26 degrees 25 minutes 05 seconds East a distance of 227.06 feet;
thence South 46 degrees 46 minutes 51 seconds East a distance of 98.15 feet; thence South
33 degrees 47 minutes 16 seconds East a distance of 171.67 feet; thence South 23 degrees
42 minutes 30 seconds East a distance of 90.20 feet; thence South 17 degrees 56 minutes
04 seconds East a distance of 178.92 feet; thence South 17 degrees 54 minutes 28 seconds
A -1
449564v1 RS220 -341
East a distance of 132.38 feet; thence South 25 degrees 39 minutes 33 seconds East a
distance of 126.20 feet; thence South 30 degrees 29 minutes 59 seconds East a distance of
103.92 feet; thence South 28 degrees 45 minutes 36 seconds Fast a distance of 250.67 feet
to the south line of said Southeast Quarter of Section 33; thence North 89 degrees 34
minutes 22 seconds East, along said south line, a distance of 1060.22 feet to the point of
beginning.
EXCEPT that part lying southerly of north right of way line of County State Aid Highway
No. 46 per DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 253 and DAKOTA
COUNTY ROAD RIGHT OF WAY MAP NO. 254, according to the recorded plats
thereof, Dakota County, Minnesota.
A -2
449564vl RS220 -341
EXHIBIT B
City Resolution No. 2014 -59
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014 -
A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT (PUD) MASTER
DEVELOPMENT PLAN WITH REZONING AND PUD FINAL SITE AND BUILDING
PLAN FOR THE DAKOTA AGGREGATES MINING AREA WITHIN UMORE PARK
ALLOWING LARGER AND A GREATER NUMBER OF GROUND SIGNS
WHEREAS, the Community Development Department of the City of Rosemount received an
application from the University of Minnesota requesting a Planned Unit Development (PUD)
Master Development Plan with Rezoning and Final Site and Building Plan allowing larger and a
greater number of ground signs on the Dakota Aggregates Mining Site within UMore Park, legally
described as follows:
That part of the Southwest Quarter of Section 34 and the Southeast Quarter of Section 33, all in Township
115, Range 19, Dakota County, Minnesota, described as follows:
Beginning at the southwest comer of said Southwest Quarter of Section 34; thence South 89 degrees 42
minutes 10 seconds East, assumed bearing along the south line of said Southwest Quarter of Section 34, a
distance of 2192.17 feet; thence North 04 degrees 21 minutes 18 seconds East a distance of 142.12 feet;
thence North 01 degrees 12 minutes 32 seconds West a distance of 368.88 feet; thence North 01 degrees 58
minutes 09 seconds Nest a distance of 266.72 feet; thence northeasterly 112.50 feet, along a tangential curve,
concave to the southeast, having a central angle of 56 degrees 02 minutes 58 seconds and a radius of 115.00
feet; thence northerly 56.43 feet, along a non - tangential curve, concave to the east, having a central angle of
35 degrees 55 minutes 23 seconds, a radius of 90.00 feet and a chord which bears North 17 degrees 26
minutes 35 seconds Nest; thence North 00 degrees 31 minutes 07 seconds East, tangent to last described
curve, a distance of 206.76 feet; thence northerly 83.26 feet, along a tangential curve, concave to the west,
having a central angle of 34 degrees 04 minutes 23 seconds and a radius of 140.00 feet; thence North 56
degrees 26 minutes 44 seconds East a distance of 45.08 feet; thence North 00 degrees 31 minutes 07 seconds
East a distance of 299.38 feet; thence North 88 degrees 50 minutes 09 seconds West a distance of 537.90 feet;
thence North 0 t degrees 06 minutes 55 seconds East a distance of 542.56 feet to the following described I ine;
Commencing at the northwest comer of said Southwest Quarter of Section 34; thence South 00 degrees I I
minutes 58 seconds West, along the west line of said Southwest Quarter of Section 34, a distance of 549.45
feet to the point of beginning of the line to be described; thence South 89 degrees 28 minutes 53 seconds East
a distance of 2646.92 feet to the east line of said Southwest Quarter of Section 34 and there terminating.
thence North 89 degrees 28 minutes 53 seconds West, along said described line, a distance of 1701.18 feet to
said west line of the Southwest Quarter of Section 34; thence South 89 degrees 42 minutes 48 seconds West a
distance of 133.00 feet; thence North 89 degrees 25 minutes 32 seconds West a distance of 191 1.08 feet;
thence South 00 degrees 00 minutes 00 seconds West a distance of 6.69 feet; thence South 24 degrees 59
minutes 14 seconds East a distance of 32.37 feet; thence South 38 degrees 36 minutes 54 seconds East a
distance of 58.76 feet; thence South 24 degrees 49 minutes 30 seconds East a distance of 21.39 feet; thence
South 08 degrees 35 minutes 01 seconds East a distance of 17.27 feet; thence South 01 degrees 13 minutes 27
seconds East a distance of 55.61 feet; thence South 20 degrees 01 minutes 53 seconds East a distance of 40.77
feet; thence South 20 degrees 03 minutes 43 seconds East a distance of t l 1.64 feet; thence South 15 degrees
03 minutes 51 seconds East a distance of 118.93 feet; thence South 27 degrees 25 minutes 38 seconds East a
distance of 247.59 feet; thence South 21 degrees 09 minutes 19 seconds East a distance of 78.57 feet; thence
South 18 degrees 19 minutes 12 seconds East a distance of 190.08 feet; thence South 26 degrees 25 minutes
05 seconds East a distance of 227.06 feet; thence South 46 degrees 46 minutes 51 seconds East a distance of
98.15 feet; thence South 33 degrees 47 minutes 16 seconds East a distance of 171.67 feet; thence South 23
degrees 42 minutes 30 seconds East a distance of 90.20 feet; thence South 17 degrees 56 minutes 04 seconds
East a distance of 178.92 feet; thence South 17 degrees 54 minutes 28 seconds East a distance of 132.38 feet;
thence South 25 degrees 39 minutes 33 seconds East a distance of 126.20 feet; thence South 30 degrees 29
minutes 59 seconds East a distance of 103.92 feet; thence South 28 degrees 45 minutes 36 seconds East a
distance of 250.67 feet to the south line of said Southeast Quarter of Section 33; thence North 89 degrees 34
B -1
449564vl RS220 -341
RESOLUTION 2014 -59
minutes 22 seconds East, along said south line, a distance of 1060.22 feet to the point of beginning.
EXCEPT that part lying southerly of north right of way line of County State Aid Highway No. 46 per
DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 253 and DAKOTA COUNTY ROAD RIGHT OF
WAY MAP NO. 254, according to the recorded plats thereof, Dakota County, Minnesota.
WHEREAS, on April 22, 2014 the Planning Commission of the City of Rosemount reviewed these
applications and held a public hearing as required by Ordinance B, the Zoning Regulations; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve these applications subject to conditions; and
WHEREAS, on May 20, 2014, the City Council of the City of Rosemount reviewed the Planning
Commission's recommendadon and these applications and adopted a motion for approval by this
resolution subject to conditions.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Planned Unit Development (PUD) Master Development Plan with Rezoning and final
Site and Building Plan allowing larger and a greater number of ground signs on the Dakota
Aggregates Mining Sit within UMore Park, subject to:
Adoption of an ordinance rezoning the subject property from AG — Agricultural to
AG /PUD — Agricultural Planned Unit Development.
2. Execution of the PUD agreement.
ADOPTED this 20,h day of May, 2014 by the City Coun il of the City of semount.
William H. Droste, Mayor
EST:
Jeff y oo, heputy City C1eL
B -2
4495641 RS220 -341
EXHIBIT C
Wore Park Mining Operation — Sign PUD Site Plan (Station Trail)
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449564v1 RS220 -341
EXHIBIT D
Wore Park Mining Operation — Sign PUD Site Plan (Akron Avenue)
4495641 RS220-341
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4495641 RS220-341
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FIRST AMENDMENT TO ACCESS AND DRAINAGE LICENSE AGREEMENT
This First Amendment to Access and Drainage License Agreement is entered into effective
as of the date of the last signature below, by and between Regents of the University of Minnesota
( "University "), a Minnesota constitutional corporation, Dakota Aggregates, LLC ( "DA "), a
Minnesota limited liability company, and the City of Rosemount (the "City "), a Minnesota
municipal corporation
RECITALS
WHEREAS, the University, DA and the City are parties to an agreement entitled "ACCESS
AND DRAINAGE LICENSE AGREEMENT" effective November 11, 2013; and
WHEREAS, for valuable consideration, the parties wish to amend the ACCESS AND
DRAINAGE LICENSE AGREEMENT as hereinafter provided.
NOW, THEREFORE, on the basis of the premises and the mutual covenants and
agreements contained herein, and in the ACCESS AND DRAINAGE LICENSE AGREEMENT,
the parties agree as follows:
1. The ACCESS AND DRAINAGE LICENSE AGREEMENT is hereby amended by
deleting the second WHEREAS paragraph and substituting the following therefor:
WHEREAS, the City has granted to DA various land use permits and approvals
including the following:
A. An interim use permit for large scale mineral extraction ( "Large Scale
Mining Permit ") on that portion of the Mining Lease premises depicted on
the attached Exhibit A and legally described on the attached Exhibit A -1 (the
"Property") approved by Rosemount City Council Resolution No. 2012 -105
on December 18, 2012;
B. An interim use permit to operate aggregate processing and recycled
aggregate products processing ( "Aggregate Processing Permit ") on a portion
of the Property approved by Rosemount City Council Resolution No. 2012-
107 on December 18, 2012;
C. An annual operating permit approved by Rosemount City Council
Resolution No. 2012 -106 on December 18, 2012 ( "Annual Operating
Permit ") to conduct mining activities within a portion of the Property;
D. A planned unit development ( "PUD ") for larger signs and a greater number
of grand signs then are otherwise allowed under the City's Zoning Code,
approved by Rosemount City Council Resolution No. 2014 -59 on May 20,
2014.
449656v1 RS220 -341
All subject to certain conditions described in said permits (all of which permits and
approvals are collectively referred to herein as the "Permits ").
2. Except as modified herein, the ACCESS AND DRAINAGE LICENSE
AGREEMENT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
entered below.
Regents of the University of Minnesota City of Rosemount
By:
Name:
Title:
Date:
Dakota Aggregates, LLC
By:
Name:
Title:
Date:
2
449656v1 RS220 -341
By: _
Name:
Title:
Date:
EXHIBIT A
Depiction of Mining Lease Premises
A -1
449656v1 RS220 -341
EXHIBIT A -1
Legal Description of Propert y
A -A -1
449656v1 RS220 -341
DAKOTA AGGREGATES MINING AREA WITHIN UMORE PARK
PLANNED UNIT DEVELOPMENT AGREEMENT FOR
LARGER AND GREATER A NUMBER OF GROUND SIGNS
DECLARATION OF COVENANTS
AND RESTRICTIONS
THIS DECLARATION made this 20r" day of May 2014, by University of Minnesota,
(hereinafter referred to as the "Declarant ");
WHEREAS, Declarant is the owner of the real property described on Attachment One,
attached hereto and hereby made a part hereof (hereinafter referred to as the "Subject Property ");
+' IFS
WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed
by the City of Rosemount, Minnesota ( "City ") in connection with the approval of an application for a
planned unit development for larger and a greater number of ground signs on the Subject Property;
r!�I
WHEREAS, the City has approved such development on the basis of the determination by the
City Council of the City that such development is acceptable only by reason of the details of the
development proposed and the unique land use characteristics of the proposed use of the Subject
Property; and that but for the details of the development proposed and the unique land use
characteristics of such proposed use, the planned unit development would not have been approved; and
WHEREAS, as a condition of approval of the planned unit development, the City has required
the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the
"Declaration "); and
WHEREAS, to secure the benefits and advantages of approval of such planned unit
development, Declarant desires to subject the Subject Property to the terms hereof.
NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held,
transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions,
hereinafter set forth.
1. The use and development of the Subject Property shall conform to the following
documents, plans and drawings:
a. City Resolution No. 2014 - 59, Attachment Two
b. UMore Park Mining Operation — Sign PUD Site Plan (Station Trail),
Attachment Three
C. UMore Park Mining Operation — Sign PUD Site Plan (Akron Avenue),
Attachment Four
d. Sign Plans, Attachment Five
all of which attachments are copies of original documents on file with the City and are made a part
hereof.
2. The Subject Property may only be developed and used in accordance with Paragraphs 1
of these Declarations unless the owner first secures approval by the City Council of an amendment to
the planned unit development plan or a rezoning to a zoning classification that permits such other
development and use.
4. In connection with the approval of developers of the Subject Property, the following
variances from City Zoning or Subdivision Code provisions were approved:
2
a. Section 11- 8 -6.A: Sign Size and Number.
In all other respects the use and development of the Subject Property shall conform to the
requirements of the City Code of Ordinances.
5. The obligations and restrictions of this Declaration run with the land of the Subject
Property and shall be enforceable against the Declarant, its successors and assigns, by the City of
Rosemount acting through its City Council. This Declaration may be amended from time to time by a
written amendment executed by the City and the owner or owners of the lot or lots to be affected by
said amendment.
IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or
representatives of Declarant have hereunto set their hands and seals as of the day and year first above
written.
DECLARANT
University of Minnesota
By
Its
By
(SEAL)
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
Its
The foregoing instrument was acknowledged before me this day of , 2014,
by the , for and on behalf of
a by and on
behalf of said
Notary Public
K
ATTACHMENT ONE
That part of the Southwest Quarter of Section 34 and the Southeast Quarter of Section 33,
all in Township 115, Range 19, Dakota County, Minnesota, described as follows:
Beginning at the southwest corner of said Southwest Quarter of Section 34; thence South
89 degrees 42 minutes 10 seconds East, assumed bearing along the south line of said
Southwest Quarter of Section 34, a distance of 2192.17 feet; thence North 04 degrees 21
minutes 18 seconds East a distance of 142.12 feet; thence North 01 degrees 12 minutes 32
seconds West a distance of 368.88 feet; thence North 01 degrees 58 minutes 09 seconds
West a distance of 266.72 feet; thence northeasterly 112.50 feet, along a tangential curve,
concave to the southeast, having a central angle of 56 degrees 02 minutes 58 seconds and a
radius of 115.00 feet; thence northerly 56.43 feet, along a non - tangential curve, concave to
the east, having a central angle of 35 degrees 55 minutes 23 seconds, a radius of 90.00 feet
and a chord which bears North 17 degrees 26 minutes 35 seconds West; thence North 00
degrees 31 minutes 07 seconds East, tangent to last described curve, a distance of 206.76
feet; thence northerly 83.26 feet, along a tangential curve, concave to the west, having a
central angle of 34 degrees 04 minutes 23 seconds and a radius of 140.00 feet; thence North
56 degrees 26 minutes 44 seconds East a distance of 45.08 feet; thence North 00 degrees 31
minutes 07 seconds East a distance of 299.38 feet; thence North 88 degrees 50 minutes 09
seconds West a distance of 537.90 feet; thence North 01 degrees 06 minutes 55 seconds
East a distance of 542.56 feet to the following described line;
Commencing at the northwest corner of said Southwest Quarter of Section 34; thence
South 00 degrees 11 minutes 58 seconds West, along the west line of said Southwest
Quarter of Section 34, a distance of 549.45 feet to the point of beginning of the line to be
described; thence South 89 degrees 28 minutes 53 seconds East a distance of 2646.92 feet
to the east line of said Southwest Quarter of Section 34 and there terminating.
thence North 89 degrees 28 minutes 53 seconds West, along said described line, a distance
of 1701.18 feet to said west line of the Southwest Quarter of Section 34; thence South 89
degrees 42 minutes 48 seconds West a distance of 133.00 feet; thence North 89 degrees 25
minutes 32 seconds West a distance of 1911.08 feet; thence South 00 degrees 00 minutes
00 seconds West a distance of 6.69 feet; thence South 24 degrees 59 minutes 14 seconds
East a distance of 32.37 feet; thence South 38 degrees 36 minutes 54 seconds East a
distance of 58.76 feet; thence South 24 degrees 49 minutes 30 seconds East a distance of
21.39 feet; thence South 08 degrees 35 minutes 01 seconds East a distance of 17.27 feet;
thence South 01 degrees 13 minutes 27 seconds East a distance of 55.61 feet; thence South
20 degrees 01 minutes 53 seconds East a distance of 40.77 feet; thence South 20 degrees 03
minutes 43 seconds East a distance of 111.64 feet; thence South 15 degrees 03 minutes 51
seconds East a distance of 118.93 feet; thence South 27 degrees 25 minutes 38 seconds
East a distance of 247.59 feet; thence South 21 degrees 09 minutes 19 seconds East a
distance of 78.57 feet; thence South 18 degrees 19 minutes 12 seconds East a distance of
190.08 feet; thence South 26 degrees 25 minutes 05 seconds East a distance of 227.06 feet;
thence South 46 degrees 46 minutes 51 seconds East a distance of 98.15 feet; thence South
33 degrees 47 minutes 16 seconds East a distance of 171.67 feet; thence South 23 degrees
42 minutes 30 seconds East a distance of 90.20 feet; thence South 17 degrees 56 minutes
04 seconds East a distance of 178.92 feet; thence South 17 degrees 54 minutes 28 seconds
4
East a distance of 132.38 feet; thence South 25 degrees 39 minutes 33 seconds East a
distance of 126.20 feet; thence South 30 degrees 29 minutes 59 seconds East a distance of
103.92 feet; thence South 28 degrees 45 minutes 36 seconds East a distance of 250.67 feet
to the south line of said Southeast Quarter of Section 33; thence North 89 degrees 34
minutes 22 seconds East, along said south line, a distance of 1060.22 feet to the point of
beginning.
EXCEPT that part lying southerly of north right of way line of County State Aid Highway
No. 46 per DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 253 and DAKOTA
COUNTY ROAD RIGHT OF WAY MAP NO. 254, according to the recorded plats
thereof, Dakota County, Minnesota.
5