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HomeMy WebLinkAbout6.i. Union Pacific Easement Deed and Agreement. 04-74-LSAGENDA ITEM: 04 -74 -LS Union Pacific Easement Deed and Agreement AGENDA SECTION: Consent PREPARED BY: Eric Zweber, AICP; Senior Planner AGENDA NO. ATTACHMENTS: Proposed Easement Deed and Agreement, Resolution 2004 -156 Approving Union Pacific Lot Splits APPROVED BY: RECOMMENDED ACTION: Motion authorizing the City to enter into an Easement Deed and Agreement with the Union Pacific Railroad to allow the construction of a street, utilities, and a recreational trail with a legal description as determined by the City Engineer. 4 ROSEMOUNT CITY COUNCIL City Council Regular Meeting December 5, 2006 EXECUTIVE SUMMARY ISSUE In 2004, the Union Pacific applied for a series of lot splits to acquire additional right -of -way to facilitate changes in the rail operation as a result of abandoning the at -grade crossing of 125 Hwy 52 north of 117` Street in Inver Grove Heights and the construction of a below grade crossing of US Hwy 52 approximately a quartet mile north of 140 Street West The lots splits were approved on December 21, 2004 by the City Council with the condition that Union Pacific "Grant(ing) of an easement for street, utilities and trail on the south side of U.S 52 railroad underpass within the railroad corridor Tonight's action would enter the City into an easement deed and agreement to fulfill this condition SUMMARY The City Attorney along with Union Pacific representatives has drafted an Easement Deed and Agreement This agreement is similar in some ways to the agreements the City has entered Into for crossing of a railroad during construction of public infrastructure Some of the major elements that the Council should be aware of include. Permitted improvements are limited to only the public street, a recreational trail, drainage facilities, utilities, and fencing. The Union Pacific is regmnng fencing to be installed and maintained to prevent pedestrian access from the public street or trail onto their track area The trail is required to be placed on the south side of the 140` Street connection, which places the street between the trail and track area This was the general intention of staff when discussing preliminary plans The City must maintain Commercial General Liability, Workers' Compensation, and Railroad Protective Liability Insurance over the easement area The insurance rider for this additional coverage has been created and is acceptable to the League of Cities, where the City obtains their insurance The rider does not necessarily result m an increase m the insurance cost; it just increases the City's future liability of a claim. Packet page 88 of 222 The easement agreement does not contain a timeline in which the street must be constructed, but it does state that if the street is ever abandoned after it is constructed then the easement would revert to the Union Pacific after five years of non -use. RECOMMENDATION Staff recommends a motion authorizing the City to enter into an Easement Deed and Agreement with the Limon Pacific Railroad to allow the construction of a street, utilities, and a recreational trail with a legal description as determined by the City Engineer. Packet page 89 of 222 2 EASEMENT DEED AND AGREEMENT THIS Easement Deed and Agreement "Agreement is made as of the day of 2006, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Grantor'), and CITY OF ROSEMOUNT, a municipal corporation of the State of Minnesota "Grantee whose address is 2875 145 Street West. Rosemount, Minnesota 55068 -4997. I. GRANT OF EASEMENT Grantor, for and in consideration of the sum of One Dollar ($1.00), to it paid by Grantee, the receipt whereof is hereby acknowledged, grants to Grantee, its successors and assigns, a NON EXCLUSIVE EASEMENT "Easement upon, along and across the property in the City of Rosemount, Dakota County, Minnesota, described in Exhibit A attached hereto and hereby made a part hereof (the "Easement Area for the construction, operation and maintenance of a foot wide public street (the "Street and a foot wide recreational, pedestrian and bicycle trail and associated drainage facilities (the "Trail utilities "Utilities and fencing "Fencing only, including the right of ingress and egress to and from the Easement Area for the purpose of the rights herein granted (the "Permitted Uses The Easement is subject to the limitations set forth in this Agreement. The Street, the Trail, the Utilities, and the Fencing are sometime referred to herein as the "Permitted Improvements" RESERVING, however, unto Grantor, its successors and assigns, the right to construct at any and all times and to maintain railroad tracks, track appurtenances, fiber optic or signal lines and facilities, pipe, telephone, and electric pole and wire lines, over, under and across the Easement Area, but in such a way as to not unreasonably interfere with Grantee's use of the Easement Area for the Permitted Uses; it being understood that the rights so reserved unto Grantor, its successors and assigns, are retained along with the general right of Grantor, its successors and assigns, to the use of the Easement Area for any purpose not inconsistent with Grantee's use of the Easement Area, for the Permitted Uses, including, but not limited to any and all general railroad purposes. The Easement is also limited to such rights as Grantor may have in the Easement Area and is granted without warranty, express or implied. No damages shall be recoverable from Grantor because of any dispossession of Grantee or because of failure of or defect in, Grantor's title. This Easement is also made SUBJECT TO all outstanding leases, licenses and other outstanding rights, including, but not limited to, those for pipelines, wirelmes and roadways and the right of renewals and extensions of the same (whether recorded or unrecorded) and also subject to all conditions, limitations, restrictions, encumbrances, reservations or interests of any person which may affect the Easement Area, whether recorded or unrecorded. Beckail peg689p Of 2972006 II. COVENANTS A. Prior to the date Grantee uses the Easement Area for any other purpose, Grantee, at its sole cost and expense, shall construct the Fencing, which Fencing shall separate the Easement Area from Grantor's adjacent railroad track(s). The Fencing shall be of a kind and type suitable to prevent pedestrian access to Grantor's adjacent right -of -way and track(s) and the plans for the Fencing shall be subject to Grantor's prior approval pursuant to Section 2B below. Grantee, at its sole expense, shall maintain and repair the Fencing Grantee shall take reasonable stops to ensure that no person trespasses upon the adjacent railroad right -of -way from, through or across the Easement Area. B. Prior to constructing or installing any Permitted Improvement (or allowing the construction or installation of any Permitted Improvement) Grantee shall, at its expense, prepare, or cause to be prepared by others, detailed plans and specifications for the Planned improvement and shall submit such plans and specifications to Grantor's Assistant Vice President Engineering Design, or his authorized representative, for review and approval. Grantor, in its sole determination, shall determine the construction and safety standards (the "Plan Standards that must be satisfied in order to allow Grantor to approve the plans and specifications for any proposed Permitted Improvement. Grantor shall, upon Grantee's written request, advise Grantee as to then current Plan Standards to which the plans and specifications for any Planned Improvements must conform, it being acknowledged that Grantor may change such Standards from time to time for the benefit of Grantor's operations adjacent to, or on or about the Easement Area. C. Grantee confirms that it is prohibited in constructing any portion of the Trail within the Easement Area in an area located between 140th Street and Grantor's rail corridor. and that the Grantee shall construct the Trail on the south side of 140th Street as ultimately constructed. D. The Street and Trail shall be managed and maintained at the sole cost and expense of Grantee, including, without limitation, all upkeep on any Permitted Improvements, law enforcement, sanitation, trash removal and regulation of hours of use. E. Grantee, at is expense, shall comply with all federal, state and local laws, ordinances, rules and regulations which are applicable to the Grantee's use and occupancy of the Easement Area and the development, construction, installation, use, operation, maintenance and removal of the Permitted Improvements. F. Grantee shall construct, maintain and repair, at its expense, such culverts or drains as may be requisite to preserve the natural and pre existing drainage and shall ensure that drainage from the street and trail will not interfere with or damage Grantor's adjacent track(s) and right of way. G. Grantee acknowledges that Grantor would not have granted this Easement without Grantee's agreement to comply with the covenants in this Article TI, and that a breach of any such covenant constitutes a material default of this Agreement. If Grantee fails to cure any Packet page 91 of 222 2 breach of any such covenant within thirty (30) days after Grantor gives Grantee written notice of breach, then Grantor may, at its election take any or all of the following actions (which shall be cumulative in nature)" (i) cure the default, in which case Grantee shall be fully liable and obligated to Grantor for the costs and expense in cured by Grantor in curing the default, together with interest thereon at the rate of ten percent (10 per annum from the date such costs and expenses are incurred until paid, which amount Grantee shall immediately pay to Grantor upon receipt of written notice thereon or (ii) seek such other legal and equitable relief available under applicable law, including, without limitation, the right to seek specific performance and /or, damages. Grantee shall also be liable to Grantor for any and all any costs and expenses, including reasonable attorney's and professional fees, incurred by Grantor in enforcing or seeking to enforce its rights under this Agreement subsequent to a Grantee default. III. INDEMNITY Grantee, to the extent it may lawfully do so, for itself, its successors and assigns, shall indemnify, defend and hold harmless Grantor and its affiliates, their officers, agents, employees, successors and assigns, against and from any and all liability, loss, damage, claims, demands, actions, causes of action, costs and expenses of whatsoever nature, including court costs and attorney's fees, which may result from personal injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such personal injury, death. loss, destruction or damage, howsoever caused, grows out of or arises from the exercise by the general public or by Grantee, its agents, employees, contractors, licensees or Invitees of any of the rights herein granted with respect to the Easement, or the presence on the Easement Area of the Permitted Improvements or any property of Grantee, its agents, employees, contractors, licensees, invitees, or the trespass upon Grantor's adjacent property or track(s) by Grantee, its agents, employees, contractors, licensees invitees, or the general public using the Permitted Improvements. Nothing herein shall be deemed a waiver by Grantee of the limitations on liability set forth in Minnesota Statutes, Chapter 466; and Grantee shall not be required to indemnify Grantor for any amount in excess of the limitations on liability set forth therein, less any amounts Grantee is required to pay on behalf of itself, its officers, agents and employees for damages arising out of the same occurrence. IV. INSURANCE Grantee shall, at its own sole cost and expense, procure the kinds of insurance described in Exhibit B, attached hereto and hereby made a part hereof, and promptly pay when due all premiums for that insurance. The insurance shall be kept in force by Grantee and Grantee's successors for so long as the Easement remains in effect. V. ABANDONMENT If Grantee, its successors or assigns, shall abandon the Easement Area then this Agreement and the rights herein granted shall cease automatically and terminate and the title to the Easement Area shall be freed from the burden of this Easement. It is further agreed that non- Packet page 92 of 222 3 use of the Easement Area for the Permitted Uses for a continuous period of five (5) years after the initial construction of the roadway shall be deemed an abandonment of the Easement Area. VI. NOTICES Any notices required or desired to be given under this Easement Deed and Agreement shall be in writing and personally served, given by overnight express delivery, or given by mail. Telecopy notices shall be deemed valid only to the extent they are (a) actually received by the individual to whom addressed and (b) followed by delivery of actual notice in the manner described above within three (3) business days thereafter. Any notice given by mail shall be sent, postage prepaid. by certified mail, return receipt requested; addressed to the party to receive at the following address or at such other address as the party may from time to time direct in writing: Grantor: Grantee: UNION PACIFIC RAILROAD COMPANY Real Estate Department Attn. General Director -Real Estate 1400 Douglas Street, Mail Stop 1690 Omaha, Nebraska 68179 -1690 Facsimile: (402) 501 -0340 CITY OF ROSEMOUNT Attn: Planning Division 2875 145 Street West Rosemount. Minnesota 55068 -4997 Facsimile: (651) 423 -5203 Express delivery notices shall be deemed to be given upon receipt. Postal notices shall be deemed to be given three (3) days after deposit with the United States Postal Service. VII. GENERAL PRO VISIONS In the event of termination howsoever of this Easement or any portion thereof, (A) Grantee shall deliver to Grantor a recordable instrument evidencing that the title to the Easement Area (or applicable portion thereof) is free and clear of the burden of this Easement (or applicable portion thereof) and is free and clear of liens. encumbrances, clouds upon or defects in the title created or permitted to be created by Grantee, and (B) within thirty (30) days after receipt of notice from Grantor to perform such activities, Grantee shall remove all facilities and improvements constructed on the Easement Area (or applicable portion thereof) and restore the Easement Area (or applicable portion thereof) to its original condition, failing in which Grantor may perform such activities for the account of Grantee. IN WITNESS WHEREOF, the parties hereto have caused this Easement Deed and Agreement to be duly executed as of the date first herein written. Packet page 93 of 222 4 Attest: CITY OF ROSEMOUNT (Seal) City Clerk Packet page 95 of 222 6 By: Title: STATE OF NEBRASKA ss. COUNTY OF DOUGLAS On 2006, before me, a Notary Public in and for said County and State, personally appeared and who are the and the Assistant Secretary, respectively, of Union Pacific Railroad Company, a Delaware corporation, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to in the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. (Seal) WITNESS my hand and official seal. Packet page 96 of 222 7 Notary Public STATE OF MINNESOTA ss. COUNTY OF DAKOTA On 2006, before me, a Notary Public in and for said County and State, personally appeared who is the of City of Rosemount, Minnesota, and who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to in the within instrument, and acknowledged to me that he /she executed the same in his /her authorized capacity, and that by his /her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (Seal) WITNESS my hand and official seal. Packet page 97 of 222 8 Notary Public Packet page 99 of 222 UNION PACIFIC (GRANTOR) EXHIBIT B CONTRACT INSURANCE REQUIREMENTS CITY OF ROSEMOUNT (GRANTEE) Grantee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain a single limit of at least $1,000,000 each occurrence or claim and an aggregate limit of at least $1,000,000 and include broad form contractual liability coverage Coverage must be purchased on a post 1998 ISO or equivalent form, including but not limited to coverage for the following: Bodily injury including death and personal injury Property damage Fire legal liability Products and completed operations The policy shall also contain the following endorsements that shall be indicated on the certificate of insurance: the workers' compensation and employee related exclusion in the above policy shall not apply to employees of Grantor The exclusions for Railroads (except where the Job Site is more than fifty feet (50') from any Railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. Coverage for Contractors (and Grantors) employees shall not be excluded Waiver of subrogation B. Workers' Compensation and Employers' Liability insurance including but not limited to: Grantee's statutory liability under the workers' compensation laws of the State of Minnesota Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee If Workers' Compensation insurance will not cover the liability of Grantee in states that require participation in state workers' compensation fund, Grantee shall comply with the laws of such states. If Grantee is self insured, evidence of state approval must be provided along with evidence of excess workers' compensation coverage. The policy shall also contain the following endorsement that shall be indicated on the certificate of insurance: Alternate Employer Endorsement C. Umbrella or Excess Policies In the event Grantee utilizes Umbrella or excess policies, these policies shall "follow form" and afford no less coverage than the primary policy. D. Railroad Protective Liability insurance naming only the Grantee as the insured with a combined single limit of $1,000,000 per occurrence with a $1,000,000 aggregate. The policy shall be broad form coverage for "Physical Damage to Property" (ISO Form CG 00 35 07 98 or equivalent). A binder stating the policy is in place must be submitted to the Railroad until the original policy is forwarded to the Grantee. Railroad Protective Liability is only required during the period when construction or maintenance activities are performed in the Easement Area. Other Requirements E. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance. F. Grantee agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right of subrogation against Grantor. Grantee further waives its right of recovery, and its insurers also waive their right of subrogation against Grantor for loss of its owned or leased property or property under its care, custody and control. Grantee's insurance shall be primary with respect to any insurance carried by Grantor. All waivers of subrogation shall be indicated on the certificate of Insurance. G. All policy(ies) required above (excluding Workers Compensation) shall provide severability of interests and shall name Grantor as an additional insured. The coverage provided to Grantor as additional insured shall provide coverage for Grantor's negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. Severability of interest and naming Grantor as additional insured shall be indicated on the certificate of insurance. H. Grantee shall furnish to Grantor the original certificate(s) of insurance evidencing the required coverage, endorsements, and amendments within sixty (60) days after the execution of the Agreement. The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Grantor in writing of any cancellation or material alteration. Upon request from Grantor, a certified duplicate original of any required policy shall be furnished. L Any insurance policy shall be written by a reputable insurance company acceptable to Grantor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state of Minnesota. J. Grantee WARRANTS that this Agreement has been thoroughly reviewed by Grantee's insurance agent(s) /broker(s), who have been instructed by Grantee to procure the insurance coverage required by this Agreement and acknowledges that Grantees insurance coverage will be primary. Packet page 100 of 222 K. The fact that insurance is obtained by Grantee shall not be deemed to release or diminish the liability of Grantee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Grantor shall not be limited by the amount of the required insurance coverage. Packet page 101 of 222 AND AND Parcel 2• Packet page 102 of 222 EXISTING LEGAL DESCRIPTION CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004 156 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FROM UNION PACIFIC RAILROAD WHEREAS, the Community Development Department of the City of Rosemount received an application from Union Pacific Railroad on October 13, 2004 requesting a series Lot Splits for the property located at 12555 Clayton Avenue, legally described as: Descriptions: Parcel 1: EXISTING LEGAL DESCRIPTION That part of Section 13, Township 115, Range 19, Dakota County, Minnsota described as follows. The North 55 rods of West Half of Southwest Quarter (W '/2 of SW 1 /4) of Section 13, lying west of the Chicago Great Northern Railway Company right of way. The South 25 rods of the Northwest Quarter of Southwest Quarter (NW 1/4 of SW' of Section 13, except the Chicago Great Northern Railway Company right of way. The Southwest Quarter of the Southwest Quarter of Section 13, Township 115, Range 19, except the Chicago Great Northern Railway Company right of way The North half (N '/2) of Northwest quarter of Northwest quarter (NW 1/4 of NW '/4) of Section Twentyfour (24) Township One hundred fifteen (115) North, Range Nineteen (19) West of the Fifth (5 Principal Meridian, except the Chicago Great Wesley n Railway Company's right of way AND the South thrcetourths of Northwest quarter (S 'A of NW 1/4) except the Chicago Great Western Railway Company's light of way, and the South half of Northeast quarter of Northwest quarter (S of NE' /4 of NW 1/4) of said Section Twenty -four (24), AND the North half of the Southwest quarter (N 1/2 of SW 1/4) of Section 1 wenty four (24), Township One hundred fifteen (115), Range Nineteen (19) excepting therefrom the right of way of the Chicago Gr eat Western Railway Company and excepting therefrom the following Beginning at the southeast corner of the Northeast quarter (NE of the Southwest quarter (SW 1/4) of Section Twentyfour (24) Township One hundred fifteen (115) North, Range Nineteen (19) West of the Frfh (5 Principal Meridian, thence northerly along the north and south center line of said Section Twentyfour (24) a distance of two hundred (200) feet, thence westerly parallel to the south line of the Northeast quarter (NE of the Southwest quarter (SW 1/4) of said Section Twenty-four (24) a distance of six hundied (600) feet, thence northerly at light angles one Hundred (100) feet; thence westerly at right Angles to a point m the Chicago Great Western Railway Company's northeasterly right of way ling thence southeasterly along said right of way line to a point in the south line of the Northeast quarter (NE 1/4) of the southwest quarter (SW '/4) of said Section Twenty-four (24), thence easterly along the south line of the Northeast quarter (NE 1/4) of the Southwest quarter (SW 114) of said Section Twenty-four (24) to the point of beginning, containing three and seven tenths (3.7) acres, more or less. All situated in the County of Dakota and State of Minnesota. Parcel 3E: EXISTING LEGAL DESCRIPTION Packet page 103 of 222 RESOLUTION 2004 15 6 Southeast Quarter of Southeast Quarter, except the Northerly 100 feet of said Southeast Quarter of Southeast Quarter and excepting the following: beginning at a point in the east line of said Southeast Quarter of Southeast Quarter 100 feet south of the Northeast comei of said Southeast Quarter of Southeast Quarter; thence Westerly 600 feet along a line parallel with and 100 feet south of the north line of said Southeast Quarter of Southeast Quarter, thence southeasterly to a point in the east line of said Soutleast Quarter of Southeast Quarter, said point being 300 feet south of the point of beginning as measured along said east line, thence northerly along said east line to the point of beginning, and except the west 208 72 feet of the east 635 57 feet of the south 208 72 of said Southeast Quarter of the Southeast Quarter, and further except the west 216 83 feet of the south 436 feet of said Southeast Quarter of Southeast Quarter. ALSO The East Half of the Southwest Quarter of Southeast Quarter, except the eag 83 17 feet of the south 436 feet of said East Half of the Southwest Quarter of Southeast Quarter, all in Section 24, Township 115, Range 19, Dakota County Mnmesota. Subject to MnDot Plat 19 -144 and Dakota County ROW Map No. 10. Parcel 3W: EXISTTNG LEGAL DESCRIPTION West Half of Southwest Quartet of Southeast Quarter, Section 24, Township 115, Range 19, Dakota County, Minnesota, lying Northeasterly of the Northeasteily rightof -way of the Chicago Northwestern Railroad, except the Northerly 100 feet and excepting the following beginning at a point in the west line of said Southwest Quarter of Southeast Quarter 100 feet south of the Northwest corner of said Southwest Quarter of Southeast Quarter; thence Easterly 340 feet along a line parallel with and 100 feet south of the north lure of said Southwest Quartet of Southeast Quartet; thence southwesterly to a point in the west line of said Southwest Quarter of Southeast Quarter, said point being 210 feet south of the point of beginning; thence northerly, along said west line, to the point of beginning. Subject to Dakota County ROW Map No. 10. Parcel 4• EXISTING LEGAL DESCRIPTION The south half of the southwest quarter (S 1/2 of SW of section 19, township 115 north, range 18 west, Dakota County, Mnmesota, except the north 125 feet theieof, and except the following: Commencing at the northwest corner of the southwest quarter of the southwest quarter (SW SW of said section 19, thence southerly along the west line of the southwest quarter of the souhwest quarter, 125 feet to the point of beginning, thence easterly parallel and 125 feet southerly of the north line of the southwest quarter of the southwest quartet, 550 feet, thence southwesterly to a point on the west line of the southwest quarter of he southwest quarter of said section 19, said point being 400 feet southerly of the northwest corner of said southwest quarter of the southwest quarter; thence northerly along said west line 275 feet to the point of beginning. Subject to MnDot Plat 19 -144 and Dakota County ROW Map No. 78. 2 Packet page 104 of 222 RESOLUTION 2004 -lin Land to be split: Parcel 1: PROPOSED LEGAL DESCRIPTIONS PARCEL F: (REMAINING PARCEL) That part of Section 13, Township 115, Range 19, Dakota County, Minnesota described as follows: The North 55 rods of West Half of Southwest Quartet (W of SW of Section 13, lying west of the Chicago Great Northern Railway Company. AND The South 25 rods of the Northwest Quarter of Southwest Quarter (NW 1/4 of SW of Section 13, except the Chicago Great Northern Railway Comply right of way The Southwest Quarter of the Southwest Quarter of Section 13, Township 115, Range 19, except the Chicago Great Northern Railway Company right of way. EXCEPT the following. Southeast Quarter of the Southeast Quarter, except the Northeily 100 feet and the following, beginning at a point 100 feet south of the Northeast corner of said Southeast Quarter of a the Southeast Quarter, thence Westerly 600 feet along a line parallel with and 100 feet south of the north line of said Southeast Quater of the Southeast Quarter, said point being 300 feet south of the point of beginning; thence northerly to the point of begmnmg, and except the west 208 72 feet of the east 635 57 feet of the south 208 72 of said Southeast Quarter of the Southeast Quarter, and further except the west 216.83 feet of the south 436 feet of said Southeast Quarter of the Southeast Quarter, ALSO the East Half of the Southwest Quarter of the Southeast Quarter, except the east 83.17 feet of the south 436 feet of said East Halfof the Southwest Quarter of the Southeast Quarter, all in Section 24, Township 115, Range 19, Dakota County Minnesota. Parcel 1: (Railroad Acquisition Parcel) That part of the Southwest Quarter of Section 13, Township 115, Range 19, Dakota County, Minnesota, described as follows: Commencing at the southwest corner of Section 13; thence south 89 degrees 59 minutes 48 seconds East, at assumed bearing along the south line of said Southwest Quarter of Section 13 a distance of 1139 25 feet to a point on the westerly right of way of the Union Pacific Railroad Company; thence North 1 degrees 05 minutes 01 seconds East 84.85 feet along said westerly right of way to the point of begmnmg, thence continuing North 1 degrees 05 minutes 01 seconds East along said westerly light of way 1664.75 feet; thence North 88 degiees 54 minutes 59 seconds West 20.00 feet, thence South 1 degiees 05 minutes 01 seconds West parallel to said westerly right of way 1664 75 feet, thence South 88 degrees 55 minutes 25 seconds East 20.00 feet to point of beginning and there tenninatmg. Parcel 2: PROPOSED LEGAL DESCRIPTIONS PARCEL E: (REMAINING PARCEL) The North half (N' /z) of the Northwest quarter of Northwest quarter (NW 'A of NW ''A) of Section Twenty 3 Packet page 105 of 222 RESOLUTION 2004 15 6 four (24) Township One hundred fifteen (115) North, Range Nineteen (19) West of the Fifth (3 Principal Meridian, except the Chicago Great Western Railway Companys right of way AND the South flu ee-fourths of Northwest quarter (S '/4 of NW 'G) except the Chicago Great Western Railway Company's right of way, and the South half of Northeast quarter of Northwest quarter (S 'A of NE 'A of NW of said Section Twenty-four (24), AND the North half of the Southwest quarter (N '/a of SW of Section Twenty four (24), Township One hundred fifteen (115), Range 19 excepting therefrom the right of way of the Chicago, Great Western Railway Company and excepting therefrom the followirg: Begummg at the southeast corner of the Northeast quarter (NE 1/4) of the Southwest Quarter (SW' of Section Twenty -four (24) Township One hundred fifteen (115) North, Range Nineteen (19) West of the Fifth (5 Principal Meridian, thence northerly along the north and south center line of said Section Twenty -four (24) a distance of two hundred (200) feet, thence westerly parallel to the south line of the Northeast quarter (NE'/) of the Southwest quarter (SW of said Section Twenty -four (24) a distance of six hundred (600) feet, thence northerly at right angles one Hundred (100) feet; thence westerly at light Angles to a point in the Chicago Great Western Railway Company's northeasterly light of way line; thence southeasterly along said right of way line to a point in the south line of the Northeast quartet (NE of the southwest quartet (SW of said Section Twenty-four (24), thence easterly along the south line of the Northeast quarter (NE 1/4) of the southwest quarter (SW of said Section Twenty -four (24), thence easterly along the south line of the Northeast quarter (NE 1/4) of the Southwest quarter (SW 114) of said Section Twenty -four (24) to the point of beginning, containing three and seven tenths (3.7) acres, more or less. EXCEPT the following. Commencing at the northwest corner of Section 24; thence South 89 degi ees 59 minutes 48 seconds East an assumed hearing along the north line of said Section 24 a distance of 1139 25 feet to a point on the westerly right of way of the Union Pacific Railroad Company; thence South 1 degrees 05 minutes 01 seconds West along said westerly right of way 453.57 feet to the point of beginning, thence continuing South 1 degrees 05 minutes 01 seconds West along said westerly right of way 1730.83 feet, thence continuing southeasterly along said westerly right of way on a tangential curve concave to the east having a radius of 1959.86 feet and a central angle of 35 degrees 15 minutes 00 seconds a distance of 1205 76 feet; thence continuing along said westeily right ofway South 34 degrees 15 minutes 00 seconds a distance of 1205.76 feet, thence continuing along said westerly right of way South 34 degrees 09 minutes 59 seconds East 362.93 feet, thence South 56 degrees 00 minutes 47 seconds West 20 00 feet; thence North34 degrees 09 minutes 59 seconds West parallel to said westeily tight of way 362.87 feet, thence northwesterly on a tangential curve concave to the east, parallel to said westerly r ight of way, radius 1989 86 feet, central angle 4 degrees 20 minutes 58 seconds, length of' 151.06 feet and chord bearing North 1 degrees 05 minutes 28 seconds West; thence North 1 degrees 04 minutes 01 seconds East parallel to said westerly right of way 348 99 feet, thence South 88 degrees 54 minutes 59 seconds East 10 00 feet, thence continuing parallel to said westerly right of way North 1 degrees 05 mutates 01 seconds East 1381 84 feet; thence South 89 degrees 54 mmutes 59 seconds East 10.00 feet, thence continuing parallel to said westerly right of way North 1 degrees 04 minute 01 seconds East 1381,84 feet; thence South 89 degrees 54 minutes 59 seconds East 20.00 feet to the point of beginning and there terminating. All situated in the County of Dakota and State of Minnesota. PARCEL 2: (RAILROAD ACQUISITION PARCEL) That part of West Half of Section 24, Township 115, Range 19, Dakota County, Minnesota, desci ibed as follows Commencing at the northwest corner of Section 24; thence South 89 degrees 59 minutes 48 seconds East, an assumed bearing along the north line of said fiction 24 a distance of 1139,25 feet to a point on the westerly right of way of the Union Pacific Railroad Company; thence South 1 degrees 05 minutes 01 seconds West along said westerly right of way 453.57 feet to the point of beginning; thence continuing South 1 degrees 05 mmutes 01 seconds West along said westerly right of way 1730 83 feet; thence continuing southeasterly along said westerly right of way on a tangential curve concave to the east having a 4 RESOLUTION 2004 -156 radius of 1959.86 feet and a central angel of 35 degrees 15 minutes 00 seconds a distance of 1205.76 feet; thence continuing along said westerly right of way South 34 degrees 09 minutes 59 seconds East 362.93 feet; thence South 56 degrees 00 minutes 47 seconds West 20 00 feet, thence north 34 degrees 09 mutes 59 seconds West parallel to said westerly right of way 362 87 feet, thence northwesterly on a nontangential curve concave to the east, parallel to said westery right of way, radius 1989 86 feet, central angle 4 degi ees 20 minutes 58 seconds, length of 151.06 feet and chord bearing North 1 degi ees 05 minutes 01 seconds East parallel to said westerly right of way 348.99 feet; thence South 88 degrees 54 ramifies 59 seconds East 10 00 feet, thence continumg parallel to said westerly right of way Noithl degrees 05 minutes 01 seconds East 1381.84 feet, thence South 89 degrees 54 minutes 59 seconds East 20 00 feet to the pout of beginning and there terminating. Parcel 3E: PROPOSED LEGAL DESCRIPTIONS PARCEL C: (REMAINING PARCEL) Southeast Quarter of Southeast Quarter, except the Northerly 100 feet of said Southeast Quarter of Southeast Quarter and excepting the following: beginning at a point in the east Ime of the Southeast Quarter of Southeast Quartei 100 feet south of the Northeast corner of said Southeast Quarter of Southeast Quartci, thence Westerly 600 feet along a line parallel with and 100 feet south of the north line of said Southeast Quarter of Southeast Quarter; thence southeasterly to a point in the east line of said Southeast Quarter of Southeast Quarter, said point being 300 feet south of the point of beginning as measured along said east line; thence northerly along said east Ime to the point of begriming, and except the west 208.72 feet of the east 635 57 feet of the south 208,72 of said Southeast Quartet of Southeast Quartei, and further except the west 216.83 feet of the south 436 feet of said Southeast Quarter of Southeast Quarter. ALSO Packet page 106 of 222 The East Half of Southwest Quarter of the Southeast Quarter, except the east 83.17 feet of thesouth 436 feet of said East Half of the Southwest Quarter of Southeast Quarter, all in Section 24, Township 115, Range 19, Dakota County Minnesota. Except the following: Commencing at the southeast corner of Section 24; t hence North 0 degrees 10 mnmtes45 seconds East, an assumed bearing along the east line of said Section 24 a distance of 918.004 feet to the southerly right of way of the Union Pacific Railroad Company thence North 63 degrees 33 minutes 56 seconds West along said southerly right of way 501.75 feet to the point of beginning; thence continuing North 63 degrees 33 minutes 56 seconds West along said southerly right of way 167 26 feet to a point on the south line of the north 100 feet of the south half of southeast quarter of Section 24, whch is the southcily right of way of said Railroad Company; thence South 89 degrees 47 minutes 33 seconds East along said south line of north 100 feet a distance of 1386.03 feet to a point in the west line of cast half of southwest quarter of southeast quarter of said Section 24; thence South 0 degrees 07 minutes 58 seconds East along said west line 75.00 feet to a point on the south line of north 175 feet of south half of southeast quarter of Section 24; thence North 89 degrees 47 minutes 33 seconds East along said south line of north 175 feet a distance of 1535,98 feet to point of beginning and there terminating Subject to MnDot Plat 19 -144 and Dakota County ROW Map No. 10. Parcel 3E• (RAILROAD ACQUISITION PARCEL) That part of South Half of Southeast Quarter of Section 24, Township 115,`Range 19, Dakota County, Minnesota, described as follows: 5 Packet page 107 of 222 RESOLUTION 2004 15 6 Commencing at the southeast comer of Section 24; thence North 0 degrees 10 minutes 45 seconds East, an assumed baring along the east line of said Section 24 adistance of 918 04 feet to the southerly light of way of the Union Pacific Railroad Company; thence North 63 degrees 33 minutes 56 seconds West along said southerly right of way 501.75 feet to the point of beguming; thence continuing North 63 degrees 33minutes 56 seconds West along said southerly tight of way 167.26 feet to a point on the south line of north 100 feet of the south half of southeast quarter of Section 24, which is the southerly right of way of said Railroad Company; thence South 89 degrees 47 minutes 33 seconds West along said south line of north 100 feet a distance of 1386 03 feet to a point in the east line of east half of southeast quartei of southeast quartei of said Section 24, thence South 0 degrees 07 minutes 58 seconds West along said west line 75.00 feet to a point on the south line of the north 175 feet of south half of southeast quarter of Section 24; thence North 89 degrees 47 minutes 33 seconds East along said south line of north 175 feet a distance of 1535.98 feet to point of beguming and there terminating Parcel 3W: PROPOSED LEGAL DESCRIPTIONS PARCEL D: (REMAINING PARCEL) West Half of Southwest Quarter of Southeast Quarter, Section 24, Township 115, Range 19, Dakota County, Minnesota, lying Northeasteily of the Northeastrly right -of -way line of the Chicago Northwestern Railroad, except the Northerly 100 feet and excepting the following• beginning at a point in the west line of said Southwest Quartet of Southeast Quarter 100 feet south of the Northwest corner of said Southwest Quarter of Southeast Quarter; thence Easterly 340 feet along a line parallel with and 100 feet south of the north line of said Southwest Quarter of Southeast Quartet, thence southwesterly to a point in the west ling of said Southwest Quartet of Southeast Quarter, said point being 210 feet south of the point of beginning, thence northerly, along said west line, to the point of beginning. ALSO except the following: Commencing at the southeast corner of Section 24; thence North 0 degrees 10 minutes 46 seconds East, an assumed bearing along the east Irne of said Section 24 a distance of 918.04 feet to the southerly right of way of the Union Pacific Raih oad Company, thence along said southerly right of way North 63 degrees 33 minutes 56 seconds West 669.01 feet to a point on the south line of north 100 feet of the south half of southeast quarter of Section 24, which is the southerly right of way of said Railroad Company; thence South 89 degrees 47 minutes 33 seconds West along said south line of north 100 feet of south half of southeast quarter of Section 24 a distance of 1386 03 feet to a point in the west ]me of east half of southwest quarter of southeast quarter of said Section 24 and the point of beginning; thence continuing South 89 degrees 47 minutes 33 seconds West along said south line of north 100 feet a distance of 321 44 feet, thence South 58 degrees 13 minutes 25 seconds West along said southerly right of way 143 26 feet to a point on the south line of the north 175 feet of south half of southeast quarter of Section 24; thence North 89 degrees 47 minutes 33 seconds East along said south line of north 175 feet a distance of 443.06 feet to said the west line of east half of southwest quarter of southeast quarter, thence North 0 degrees 07 minute 58 seconds East along said west line 75.00 feet to the point of beguming and there termmatmg Subject to Dakota County ROW Map No 10. PARCEL 3W. (RAILROAD ACQUISITION PARCEL) That part of the South Half of Southeast Quarter of Section 24, Township 115, Range 19, Dakota County, Minnesota, described as follows- Commencing at the southeast corner of Section 24; thence North 0 degrees 10 minutes 45 seconds East, an assumed hem mg along the east line of said Section 24 a distance of 918 04 feet to tin southerly right of way of the Union Pacific Railroad Company, thence along said southerly right of way North 63 degrees 33 6 Packet page 108 of 222 RESOLUTION 2004 15 6 minutes 56 seconds West 669,01 feet to a point on the south line of north 100 feet of the south half of southeast quarter of Section 24, which is the southerly right of way of said Radioed Company, thence South 89 degrees 47 minutes 33 seconds West along said south line of north 100 feet of the south half of southeast quarter of Section 24 a distance of 1386.03 feet to a point in the west line of east half of southwest quarter of southeast quarter of said Section 24 and the point of beginning; thence continuing South 89 degrees 47 minutes 33 seconds West along said south lute of north 100 feet a distance of 321.44 feet, thence South 53 degrees 13 minutes 25 seconds West along said southerly right of way 143 26 feet to a point on the south line of the north 175 feet of south half of southeast quarter of Section 24; thence North 89 degrees 47 minutes 33 seconds East along said south line of north 175 feet a distance of 443.06 feet to said west line of east half of southwest quarter of southeast quarter, thence North 0 degrees 07 minutes 58 seconds East along said west line 75.00 feet to the point of beginning and there terminating. Parcel 4: PROPOSED DESCRIPTIONS PARCEL B (REMAINING PARCEL) The south half of southwest quarter (3 1/2 SW of section 19, township 115 north, range 18 west, Dakota County, Minnesota, except the north 125 feet thereof; and except the following: Commencingat the northwest corner of the southwest quarter of the southwest quarter (SW SW of said section 19; thence southerly along the west line of the southwest quarter of the southwest quarter, 125 feet to the point of beginning; thence easterly parallel and 125 feet southerly of the north line of the southwest quarter of the southwest quarter, 550 feet, thence southwesterly to a point on the west line of the southwest quarter of the southwest quarter of said section 19, said point being 400 feet southerly of the northwest corner of said southwest quarter, thence northerly along said west line 275 feet to the point of beguming. Subject to MnDot Plat 19 -144 and Dakota County ROW Map No. 78. EXCEPT the following Commencing at the southwest corner of Southwest Quarter of Section 19; thence North 0 degrees 10 minutes 45 seconds East, as assumed beaung along the west line of said Southwest Quarter of Section 19 a distance of 918 04 feet to the southerly right of way of the Union Pacific Railroad Company; thence North 63 degrees 42 minutes 17 seconds East along said southerly right of way 502.72 feet to the point of beginning, thence continuing North 63 degrees 42 minutes 17 seconds East 111 72 feet to a point on the south line of the north 125 feet of south half of southwest quarter of Section 19 which is the southerly right of way of the Union Pacific Reload Company, thence South 89 degrees 42 minutes 27 seconds East along said south lute of the north 125 feet of the south half of southwest quarter of Sectim 19 a distance of 1010.10 feet, thence South 0 degrees 17 minutes 39 seconds West 50 00 feet to a point on the south line of the north 175 feet of the south half of southwest quarter of Section 19, thence North 89 degrees 42 minutes 27 seconds West along said south line of the north 175 feet of south half of southwest quarter of Section 19; a distance of 1110 00 feet to point of beginning and there terminating. Parcel 4: (RAILROAD ACQUISITION PARCEL) That part of South Half of Southwest Quarter of Section 19, Township 115, Range 18, Dakota County, Minnesota, described as follows: Commencing at the southwest corner of Southwest Quarter of Section 19; thence North 0 degrees 10 minutes 45 seconds East, an assumed beta mg along the west line of said Southwest Quarter of Section 19 a distance of 918.04 feet to the southerly right of way of the Union Pacific Radioed Company; thence North 63 degrees 42 minutes 17 seconds East along said southerly right of way 502.72 feet to the point of beginning; thence continuing North 63 degrees 42 minutes 17 seconds East 111.72 feet to a point on the south lute of the north 125 feet of south half of southwest quarter of Section 19 which is the southerly right of way of the Union Pacific Railroad Company; thence South 89 dgrees 42 mmutes 27 seconds East along 7 WHEREAS, on November 23, 2004, the Planning Commission of the City of Rosemount held a public hearing to review the Lot Splits at 12555 Clayton Avenue, and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the series of lot splits requested by the Union Pacific Railroad subject to conditions,: WHEREAS, on December 16, 2004, the City Council of the City of Rosemount reviewed the Planning Conm3ission's recommendation and the Lot Splits requested by Union Pacific Railroad for 12555 Clayton Avenue; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Lot Splits request from Union Pacific Railroad, legally described as follows: Descriptions: Parcel 1RR (NEW RAILROAD PARCEL) That part of the Southwest Quarter of Section 13, Township 115, Range 19, Dakota County, Minnesota, described as follows AND Packet page 109 of 222 RESOLUTION 2004 15 6 said south line of the north 125 feet of south half of southwest quarter of Section 19 a distance of 1010 10 feet; thence South 0 degrees 17 minutes 39 seconds West 50.00 feet to a point on the south line of the north 175 feet of the south half of southwest quartet of Section 19; thence North 89 degrees 42 minutes 27 seconds West along said south line of the north 175 feet of south half of southwest quarter of Section 19 a distance of 1110.00 feet to point of beginning and there terminating. This is Abstract property. Commencing at the southwest corner of Section 13, thence South 89 degrees 59mmutes 48 seconds East, an assumed bearing along the south line of said Southwest Quarter of Section 13 a distance of 1139 25 feet to a point on the westerly right of way of the Union Pacific Railroad Company, thence North 1 degrees 05 minutes 01 seconds East 84.85 feet along said wester ly right of way to the point of beginning; thence continuing North 1 degrees 05 minutes 01 seconds East along said westerly right of way 1664.75 feet, thence North 88 degrees 54 minutes 59 seconds West 20 00 feet; thence South 1 degrees 05 minutes 01 seconds West parallel to said westerly right of way 1664.75 feet; thence South 88 degrees 55 minutes 25 seconds East 20 00 feet to point of beginning and theie terminating. That portion of the Chicago Great Northern Railway Company right of way, lying in the West Half of the Southwest Quarter (W '/z of SW 'A) of Section 13, Township 115, Range 19, Dakota County, Minnesota. PARCEL 2RR. (NEW RAILROAD PARCEL) That part of West Half of Section 24, Township 115, Range 19, Dakota County, Minnesota, described as follows Commencing at the northwest corner of Section 24, thence South 89 degrees 59 minutes 48 seconds Fast, an assumed bearing along the north line of said Section 24 a distance of 1139.25 feet to a point on the westerly right of way of the Union Pacific Railroad Company; thence South 1 degrees 05 minutes 01 seconds West along said westerly right of way 453.57 feet to the point of begmnmg, thence continuing South 1 degrees 05 minutes 01 seconds West along said westerly right of way 1730 83 feet; thence continuing southeasterly along said westerly right of way on a tangential curve concave to the east havmg a 8 RESOLUTION 2004 15 6 radius of 1959 86 feet and a central angle of 35 degrees 15 minutes 00 seconds a distance of 1205 76 feet, thence continuing along said westerly right of way South 34 degrees 09 minutes 59 seconds East 362.98 feet; thence South 56 degrees 00 minutes 47 seconds West 20 00 feet, thence North 34 degrees 09 minutes 59 seconds West parallel to said westerly tight of way 362,87 feet, thence northwesteily on a tangential curve concave to the east, parallel to said westerly right of way, radius 1989.86 feet, central angle 4 degrees 20 minutes 58 seconds, Length of 151 06 feet and chord bearing North 1 degrees 05 mmutes 23 seconds West; thence North 1 degrees 04 minutes 58 seconds East parallel to said westerly tight of way 348 99 feet; thence South 88 degrees 54 mmutes 59 seconds East 10 00 feet; thence continuing parallel to said westerly right of way North 1 degi ees 05 minutes 01 seconds East 1381 84 feet; thence South 89 degrees 54 minutes 59 seconds East 20.00 feet to the point of beginning and there terminating. AND Packet page 110 of 222 That portion of the Chicago Great Western Railway Company's right of way lying within the the Northhalf of the Southwest Quartet and the South Half of the Northwest Quarter and the Northwest quarter of Northwest quarter of Section Twenty-four (24), Township One hundred fifteen (115) North, Range Nineteen (19) West of the Fifth (5 Principal Meridian, Dakota County, Minnesota Parcel 3E. Parcel 3ERR: (NEW RAILROAD PARCEL) That part of the South Half of Southeast Quarter of Section 24, Township 114, Range 19, Dakota County, Minnesota, described as follows: Commencing at the southeast corner of Section 24; thence North 0 degrees 10 minutes 45 seconds East, an assumed beating along the east line of said Section 24 a distance of 918 04 feet to the southerly right of way of the Union Pacific Railroad Company, thence North 63 degrees 33 minutes 56 second; West along said southerly right of way 501.75 feet to the point of beginning; thence continuing North 63 degrees 33 minutes 56 seconds West along said southerly right of way 167.26 feet to a point on the south line of north 100 feet of the south half of the southeast quarter of Section 24, which is the southerly nght of way of said south half of southeast quarter of Section 24, which is the southerly right of way of said Railroad Company; thence South 89 degrees 47 minutes 33 seconds West along said south line of north 100 feet a distance of 1386.03 feet to a point in the west line of east half of southwest quarter of southeast quarter of said Section 24; thence South 0 degrees 07 minutes 58 seconds West along said west line 75 00 feet to a point of on the south line of the north 175 feet of south half of southeast quarter of Section 24, thence North 89 degrees 47 minutes 33 seconds East along said south line of north 175 feet a distance of 1535 98 feet to point of beginning and there terminating. and The Northerly 100 feet of East Half of the Southwest Quarter of the Southeast Quarter of Section 24, Township 115, Range 19, Dakota County, Minnesota and the Northerly 100 feet of the Southeast Quarter of Southeast Quarter of said Section 24 and that part of said Southeast Quarter of Southeast Quarter beginning at appoint m the east line of said Southeast Quarter of Southeast Quarter 100 feet south of the Northeast corner of said Southeast Quarter of Southeast Quarter, thence Westerly 600 feet along a line pallet with and 100 feet south of the north line of said Southeast Quarter; thence southeasterly to a point in the east line of said Southeast Quarter of Southeast Quarter, said point being 300 feet south of the point of beginning as neasuied along said east line, thence northerly along said east line to the point of beginning. Parcel 3W. PARCEL 3WRR: (NEW RAILROAD PARCEL) 9 RESOLUTION 2004 15 6 That part of South Half of Southeast Quarter of Section 24, Township 115, Range 19, Dakota County, Minnesota, described as follows Commencing at the southeast corner of Section 24; thence North 0 degrees 10 minutes 45 seconds East, an assumed bearing along the east line of said Section 24 a distance of 918.04 feet to the southerly right of way of the Union Pacific Rath oad Company; thence along said southerly right of way North 63 degrees 33 minutes 56 seconds West 669.01 feet to a point on the southerly right of way of said Railroad Company; thence South 89 degrees 47 mmutes 33 seconds West along said south Ihie of north 100 feet cf the south half of southeast quarter of Section 24 a distance of 1386 03 feet to a point in the west line of east half of southwest quarter of southeast quarter of said Section 24 and the point of beginning; thence continuing South 89 degrees 47 minutes 33 seconds West along said south line of north 100 feet a distance of 321.44 feet; thence south 58 degrees 13 minutes 25 seconds West along said southerly right of way 143 26 feet to a point on the south line of the north 175 feet of south half of southeastquarter of Section 24; thence North 89 degrees 47 minutes 33 seconds East along said south line of north 175 feet a distance of 443.06 feet to said west line of east half of southwest quarter of southeast quarter; thence North 0 degrees 07 minutes 58 seconds East along said west line 75.00 feet to the pomt of beginning and there termmatmg. and Packet page 111 of 222 The Northerly 100 feet West Half of Southwest Quarter of Southeast Quarter, Section 24, Township 115, Range 19, Dakota County, Minnesota and that part of said West Half of Southwest Quarter of Southeast Quarter beginning at a point in the west line of said Southwest Quarter of Southeast Quarter 100 feet south of the Northwest corner of said Southwest Quarter of Southeast Quarter; thence Easterly 340 feet along a line parallel with and 100 feet south of the north line of said Southwest Quarter of Southeast Quarter, thence southwesterly to a point in the west line of said Southwest Quarter of Southeast Quarter; said point being 210 feet south of the point of beginning, thence northeily, along said west Line, to the point of beginning. Parcel 4: Parcel 4RR: (NEW RAILROAD PARCEL) That part of South Half of Southwest Quarter of Section 19, Township 115, Range 18, Dakota County, Minnesota, described as follows. Commencing at the southwest corner of Southwest Quarter of Section 19; thence North 0 degrees 10 minutes 45 seconds East, an assumed bearing along the west line of said Southwest Quarter of Section 19 a distance of 918 04 feet to the southerly right of way ofthe Union Pacific Railroad Company; thence North 63 degrees 42 minutes 17 seconds East along said southerly right of way 502 72 feet to the point of beginning; thence continuing North 63 degrees 42 m 17 seconds East 111 72 feet to a point on the south line of the north 125 feet of south half of southwest quarter of Section 19 which is the southerly right of way of the Union Pacific Railroad Company, thence South 89 degrees 42 minutes 27 seconds East along said south line of the north 125 feet of south half of southwest quarter of Section 19 a distance of 1010 10 feet; thence South 0 degrees 17 minutes 39 seconds West 50 00 feet to a point on the south line of the north 175 feet of the south half of southwest quarter of Section 19; thence North 89 demos 42 minutes 27 seconds West along said south line of the north 175 feet of south half of southwest quarter of Section 19 a distance of 1110.00 feet to point of beguiling and there terminating. AND The north 125 feet of the south half of the southwest cparter (5 '/z SW '''A) of section 19, township 115 north, range 18 west, Dakota County, Minnesota; and that part of said south half of the southwest quarter; commencing at the northwest count of the southwest quarter of the southwest quarter (SW ''A SW 'G) of said section 19; thence southerly along the west line of the southwest quartet of the southwest quarter, 125 feet to the point of beginning, thence casteily parallel and 125 feet southerly of the north line of the southwest gun ter of the southwest quarter, 550 feet; thence southwesterly to a point on the west line of the 10 NOW, THEREFORE, FURTHER BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Lot Splits requested by Union Pacific Railroad, subject to: 1. Recombination of the parcels with the railroad corridor right -of -way. 2. Payment of G.I.S. fees 3. Granting of an easement for street, utilities and trial on the south side of the U.S. 52 railroad underpass within the railroad corridor. ADOPTED this 16th day of December, 2004 by the City Council of the City 1 f Rosemount. ATTEST: J Linda Jentink, C Clerk Motion by: DeBettignies Second by: Shoe Corrigan Voted in favor: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan Voted against: None Member absent: None Packet page 112 of 222 RESOLUTION 2004-1 5 6 southwest quarter of the southwest quartet of said section 19, said point being 400 feet southerly of the northwest corner of said southwest quarter, thence northerly along said west line 275feet to the point of beginning. William H. Droste, Mayor 11 1