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Home My WebLink About6.g. Application from the Minnova, LLC for a Lot Split Subdividing of a Tax-Forfeit PropertyAGENDA ITEM: Case 08 -36 -LS An application From Minnova, LLC for a Lot Split Subdividing Their Existing 134.48 Acre Property into a 57.87 Acre Parcel and a 76.61 Acre Parcel. AGENDA SECTION: COi4Se41.+ PREPARED BY: Jason Lindahl, A.I.C.P. Planner AGENDA NO. L .9. ATTACHMENTS: Resolution, 9 -23 -08 PC Excerpt Minutes, Location Map, Certificate of Survey, City Engineer's Memo Dated 9- 18 -08, Park and Recreation Director's Memo Dated 9- 17 -08, Aerial Photo, Easements, Applicant's Narrative and Maps APPROVED BY: t)11) RECOMMENDED ACTION: Motion to approve a resolution granting the Lot Split request from Minnova, LLC subdividing their existing 134.48 acre property into one 57.87 acre parcel (Parcel 1) and one 76.61 acre parcel (Parcel 2), subject to conditions. 4 ROSEMOUNT CITY COUNCIL EXECUTIVE SUMMARY City Council Meeting Date: October 21, 2008 SUMMARY Applicant Property Owner(s): Location: Area in Acres: Comp. Guide Plan Design: Current Zoning: Minnova Land, LLC East of Akron Avenue (County Road 73) and South of Bonaire Path 134.48 Acres UR Urban Residential and MDR Medium Density Residential AGP Agricultural Preserve The applicant, Minnova Land, LLC, requests Lot Split approval to subdivide their existing 134.48 acre property into one 57.87 acre parcel (Parcel 1) and one 76.61 acre parcel (Parcel 2). The applicant is proposing this split along the future land use designation for the property on the City's Land Use Comp Plan map. Staff is recommending approval of this item. PLANNING COMMISSION ACTION The Planning Commission held a public hearing to review this item during their September 23, 2008 meeting. Minutes from that meeting are attached for your reference. At the meeting, Planner Lindahl explained the proposed lot split would subdivide the existing 134.48 acre parcel in two creating one 57.87 western parcel (Parcel 1) and one 76.61 acre eastern parcel (Parcel 2). Staff stated both parcels meet the minimum performance standards for the application and recommended approval. Chairperson Messner asked the applicant if there were any near plans to develop this property. The applicant, John Chadwick AGP Agricultural Preserve District Lot Split Analysis Lot Lot Size (sq. ft.) Lot Width (feet) Proposed Lot Depth Required (feet) Proposed Status Required Proposed Required Parcel 1 40 Acre 57.87 Acres 300 615.30 N/A 1,323.89 Conforming Parcel 2 76.61 Acres 1,898 49 2,744 Conforming replied with the slow market it is difficult to make any definite future plans. After some general discussion, the Commission voted unanimously to recommend the City Council approve the proposed lot split subject to conditions. SUBDIVISION REQUEST Standards for reviewing subdivision requests are contained in Title 12 of the Rosemount City Code the Subdivision Regulations. Overall, this application meets the minimum requirements of the Subdivision Regulations as well as the lot and dimensional standards for the associated land use and zoning classifications. The applicable standards, along with staff findings related to each, are provided below. Land Use and Zoning. Currently, the primary existing use of the subject property is farming. In addition, there is one single family dwelling located in the northwest corner of the property. As show on the attached survey, the applicant proposes to split the property in two creating one 57.87 western parcel (Parcel 1) and one 76.61 acre eastern parcel (Parcel 2). It should be noted that the 21.48 northwestern piece located north of the railroad tracks containing the existing single family dwelling is part of the 76.61 acre eastern parcel (Parcel 2). The subject property is guided UR Urban Residential and MDR Medium Density Residential and zoned AGP Agricultural Preserve. The two land use designations correspond to the proposed split in that the 76.61 acre eastern parcel is guided UR Urban Residential while the 57.87 acre western parcel is guided MDR Medium Density Residential. Both parcels are currently zoned AGP Agricultural Preserve. According to Section 11 -4 -2: the Agricultural Preserve District, this district is expressly established to allow landowners to comply with the requirements of the Metropolitan Area Agricultural Preserve Act found in Minnesota State Statute 473H. According to that statute, it is the policy of the state to encourage the use and improvement of its agricultural lands for the production of food and other agricultural products. The statute goes on to state it is also the purpose of this act to provide an orderly means by which lands in the metropolitan area designated for long term agricultural use through the local and regional planning processes will be taxed in an equitable manner reflecting the long term singular use of the property. The table below compares the proposed lot split with the performance standards for the AGP Agricultural Preserve District. The information contained in this table demonstrates both parcels conform to the minimum performance standards for the district. Setbacks. The setback standards for the AGP Agricultural Preserve District are outlined in Section 11- 4-1 and illustrated in the table below. According to the information supplied by the applicant, none of the existing buildings on either Parcel 1 or Parcel 2 will be affected by the proposed lot split. However, it should be noted that if any structure is made non conforming as a result of this lot split, Section 11 -11 -2, states that these structures may be continued through repair, replacement, restoration, maintenance or 2 alb Setback Standards for the AGP Agricultural Preserve District Category Principal Structure Accessory Structure Surface Parking Front Yard Setback 50 Feet 50 Feet 50 Feet Side Yard Setback 30 Feet 30 Feet 5 Feet Rear Yard Setback 30 Feet 30 Feet 5 Feet Maximum Building Height 50 Feet 75 Feet N/A improvement but not through expansion. Any expansion shall be subject to the existing performance standards of the AGP Agricultural Preserve District. Engineering Review. The Engineering Department has reviewed the proposed lot split in the attached memo dated September 18, 2008. Currently, the subject property has frontage along both Bonaire Path and Akron Avenue. The applicant has submitted easements for access from both Akron and Bonaire Path (see attached). Access to Akron Avenue (CR 73) for Parcel 2 is currently provided by an existing recorded 33 -foot wide access easement. Access to Bonaire Path for Parcel 2 is also currently provided by an existing recorded 33 -foot wide access easement. The proposed split does not appear to create any landlocked property without access to a public roadway, and existing easement access locations are consistent with existing or planned future access locations. Any future access to Akron Avenue requires approval of Dakota County. Estimated fees for the site at this time are: GIS Fee for lot split $300. Parks and Open Space. The Park and Recreation Department has reviewed the proposed lot split in the attached memo dated September 17, 2008. According to this memo, no park fees are required as part of the proposed lot split. Park dedication and other fees will be evaluated at the time of future development. Sidewalks, Trails and Pathway. Properties in the AGP Agricultural Preserve District are established to encourage the long term continuation of agricultural and related uses which are both suitable for agriculture and are not planned for urban development. Given this information and the relatively isolated location of this property, staff finds that no pedestrian access facilities are necessary to this site at this time. CONCLUSION RECOMMENDATION Staff recommends approval of the Lot Split request from Minnova Land, LLC, splitting the existing 134.48 acre property into one 57.87 acre parcel (Parcel 1) and one 76.61 acre parcel (Parcel 2). The applicant is proposing this split along the future land use designation for the property as illustrated on the City's Land Use Comp Plan map. Staffs recommendation is based on the plans and documents submitted by the applicants as well as the finding made in this report and is subject to the conditions outlined in the attached resolution. 3 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2008- A RESOLUTION APPROVING A LOT SPLIT REQUEST FROM MINNOVA, LLC SUBDIVIDING THEIR EXISTING 134.48 ACRE PROPERTY (PARCEL 34- 02200 011 -75) INTO A 57.87 ACRE PARCEL (PARCEL 1) AND A 76.61 ACRE PARCEL (PARCEL 2) WHEREAS, the Community Development Department of the City of Rosemount received an application from Minnova Land, LLC (herein after the "Applicant") requesting a Lot Split to divide their existing 134.48 acre property (herein after the "Existing Tax Parcel legally described as follows: The SE1 /4 of Section 22, Township 115, Range 19, Dakota County, Minnesota, except the railroad right of way, and except the North 1203.5 feet of the East 753 feet. WHEREAS, the Applicant's Lot Split request proposes to subdivide the Existing Tax Parcel into a 57.87 acre parcel and a 76.61 acre parcel for future development; and WHEREAS, on September 23, 2008, the Planning Commission of the City of Rosemount held a public hearing to review the proposed Lot Split and found it consistent with the Subdivision Ordinance as well as the lot and dimensional standards for the associated land use and zoning classifications; and WHEREAS, on September 23, 2008, the Planning Commission adopted a motion to recommend that the City Council approve the proposed Lot Split, subject to conditions; and WHEREAS, on October 21, 2008, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Lot Split request and agreed with the Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Applicant's Lot Split request to subdivide the Existing Tax Parcel into two (2) properties identified as Parcel 1 and Parcel 2 on the attached survey (EXHIBIT A) and legally described below. This approval is also subject to the conditions listed below. Parcel 1: That part of the West Half of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota lying southerly of the southerly right of way of the Union Pacific Railroad, containing 57.87 acres. AND Parcel 2: The Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota, EXCEPT the north 1203.5 feet of the east 753 feet thereof, and also EXCEPT the railroad contained therein; and also EXCEPT that part of the West Half of the Southeast Quarter lying south of the southerly right of way of the Union Pacific Railroad, containing 76.61 acres. Conditions of approval: RESOLUTION 2008 1. Payment of all applicable development fees including a $300 Geographic Information (GIS) fee, ADOPTED this 21st day of October, 2008, by the City Council of the City of Rosemount. ATTEST: Amy Domeier, City Clerk William H. Droste, Mayor Motion by: Second by: Voted in favor: Voted against: Member absent 2 EXCERPT FROM MINUTES PLANNING COMMISSION REGULAR MEETING September 23, 2008 5.c. Minnova Land (Chadwick) Lot Split (08- 36 -LS). Planner Lindahl reviewed the staff report. The applicant, Minnova Land, LLC, requests Lot Split approval to allow the creation of a 57.87 acre parcel from their existing 134.48 acre parcel. The applicant is proposing this split along the future land use designation for the property on the City's Land Use Comp Plan map. Staff is recommending approval of this item. The Applicant, John Chadwick, 11430 Zion Circle, Bloomington, approached the Commission and thanked the City staff for their work in processing this item. Chairperson Messner asked Mr. Chadwick if there are any near plans with what will be done with the property. Mr. Chadwick replied that with the slow market, it is hard to make any definite future plans. The public hearing was opened at 8:07p.m. There were no public comments. MOTION by Schwartz to close the public hearing. Second by Howell. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 8:07p.m. MOTION by Schwartz to recommend the City Council approve the Lot Split request from Minnova, LLC subdividing their existing 134.48 acre property into one 57.87 acre parcel (Parcel 1) and one 76.61 acre parcel (Parcel 2), subject to the following conditions: 1. Payment of all applicable development fees including a $300 Geographic Information (GIS) fee. Second by Howell. Ayes: 4. Nays: None. Motion approved. As follow -up, Mr. Lindahl stated this item will go before the City Council for approval at their regular meeting on October 21, 2008. Old Business: None. New Business: None. Coon `rat Qom? `,..nnova Land LLC Lot Spi rv. Copyright 2008, Dakota. County Map Date: September 10, 2008 PARCEL 2 55.13. ACRES. 759.00 31132158 COMPOSITE DRAWING WAYNL GROTH FARM. ATT: J. EDWIN .CHADWICK LLD 1• 1 0 t i 1329.89 ie9'i8'12 OR tomin OF SE//. Dorm mum aa■•Df EIbgWars Grath Du riptba (MD No. 34.07260.OI1.751: The$outlmf Quieter of Saetba 22s Townnli p U5. Rnmme 19, AMnla County; Miaumots, EXCEPT tiaaort12O3.3PonoftheeW ?53 .d pko EXERT liesdrpsd mntabared Onreut Coat•bk t 134.41 arm. DesaipdoaotL®dTo Be SplJI Old That Pei dike Wed HaltoftkeSo tieutQaneto (Seetian2t. Tawas* 1 {S.IM 1,. DakolaComty, Mimnma lying southerly of the rardwdy dg t of way orate Union Pacific Railroad.0 w+mbg 57.17 acres. DeteaipdoaofBabrceofW. 1OmohPiop 1 The Sculbeart Qoanet of Section 73. Tom o* 115. Raagn 19. Dakota Couay, Ml.eeta: =End* meth %ZO33 hot *lac east 753 fed fiereoL aid abo EXCEPT tie [direst' mobbed 8r+eigand eiscrEXCEPT that pare albs West li.lfotlba SouthaW Quarter bbg southerly of the routbFig right ofway of the Union Pane Railroad. Osttaio 7QC1 seat 2651.48 5139'92'.5!,'6 2647.6iTZm9'1B'12'X WWI sm:e3 mmeuri 'lt .r ,y •.4 •y. wwWeieRiZ t.1E 9CALe i X16 I 200 fl El 70 c 0 Et o lIJ N. m Z F O J 0 O W' n N somp91a 01/. t 40011.7 MOM roue.. DATE: September 18, 2008 TO: Jason Lindahl, City Planner General Comments 2. Estimated fees for the site are as follows: MEMORANDUM CC: Kim Lindquist, Community Development Director Andrew Brotzler, City Engineer Kathie Hanson, Planning Department Secretary FROM: Morgan Dawley, Project Engineer RE: Minnova Land (Chadwick) Lot Split Upon review of the lot split application by Minnova Land, the Engineering Department offers the following comments: 1. Access to Akron Avenue (CR 73) for Parcel 2 is currently provided by an existing recorded 33 -foot wide access easement. Access to Bonaire Path for Parcel 2 is also currently provided by an existing recorded 33 -foot wide access easement. The proposed split does not appear to create any landlocked property without access to a public roadway, and existing easement access locations are consistent with existing or planned future access locations. Any future access to Akron Avenue requires approval of Dakota County. GIS Fee for lot split $300 4 ROSEMOUNT PUBLIC WORKS Should you have any questions or comments regarding the items listed above, please contact me at 651 322 -2022. C: \Documents and Settings \jrl \Local Settings Temporary Internet Files \OLK69 \Minnova Land (Chadwick) Lot Split (2).doc ROSEMOUNT PARKS AND RECREATION M E M O R A N D U M To: Kim Lindquist, Community Development Director Eric Zweber, Senior Planner Jason Lindahl, Planner Andy Brotzler, City Engineer Morgan Dawley, Project Engineer From: Dan Schultz, Parks and Recreation Director Date: September 17, 2008 Subject: Minnova Land Lot Split The Parks and Recreation Department has reviewed the plans submitted by Minnova Land for a lot split and has the following comment The parks dedication requirements for this property will be collected at the time the property is subdivided into residential lots. There will no parks dedication collected with this lot split. Please call me at 651- 322 -6012 if you have any questions about this memo. G12008\Planning Cases 108 -36-LS Minnova Land (Chadwick) Lot Split\Minnova lot split Pads and Rea comments 9- 17 -08.doc mulyt MAR 28 2805 DAKOTA COUNTY TREaa1 PEI/AUDITOR 2315295 1 o o Al D n0 -4 RECITALS GRANT OF PERMANENT EASEMENT FOR ACCESS PURPOSES This Easement grant is made this ..13rd day of March 2005 by Minnova Land, LLC, a Minnesota limited liability company (herein "Grantor") and Wayne Groth and Sheila M. Groth, husband and wife (herein "Grantees A. Grantor is the purchaser under a Contract for Deed dated December 24, 2002 and recorded as Dakota County Recorder, Minnesota, Document No. 1995549 of the property described on Exhibit A as Parcel 1 hereto, referenced as "Grantor's Property B. Grantees are the owners of the property referenced on Exhibit B as Parcel 2 hereto, referenced as "Grantees' Property". NOW, THEREFORE, in consideration of $1.00 and other good and valuable consideration, receipt of which Grantors acknowledge receiving, it is agreed as follows: 1. Grantor hereby agrees to convey to Grantee as the owner of Parcel 1 on Exhibit A, a permanent easement for access purposes, over and across the south thirty -three (33) feet of Parcel 1 on Exhibit A. This Access Easement shall be for the benefit of Parcel 2 on Exhibit B, except that said Easement shall automatically terminate upon the occurrence of either of the following two events: (a) At such time as Grantee has released the southerly 20 acres of Parcel 2 on Exhibit B to Grantor as provided in Paragraph 18 of the Contract for Deed dated December 24, 2002 and recorded as Dakota County Document No. 1995549. The parties intend that said 20 acres be generally the most southerly 20 acres of Parcel 2 on Exhibit B and be configured in such manner that Grantees retain reasonably RECEIl PA Dakota County Abstract 'Me DATE 14-000r1 DAKOTA COU TREASURE AUD File lDCo5030 No..- ofd convenient and suitable access to the remaining portion of Parcel 2 on Exhibit B owned by Grantees. (b) All of Grantees remaining portion of Parcel 2 on Exhibit B abuts an improved publicly dedicated road and has direct access to the public road unimpeded by the railroad right of way. This Easement shall bind Grantors, and its successors and assigns as owners of the property over which the Access Easement is granted and exists. 2. This Access Easement shall benefit Grantee's as owners of Grantees' Property as described on Exhibit B as Parcel 2, and Grantee's heirs, successors and assigns as owners of the Grantee's Property. 3. The benefit and burden herein created shall run with the respective parcels in accordance with the terms hereof and shall bind and benefit the successors and assigns in accordance herewith. 4. This Easement is exclusive and is intended to benefit only Grantee's Property as herein described. 5. This Easement grant is perpetual and, except as provided herein, may be amended or terminated only by the then owners of Grantee's Property. 6. It is anticipated that an access road has or will be constructed on said Easement, for purposes of allowing access to and from Grantees' Property to a public road. The cost of construction and maintenance of said Access Easement shall be paid by Grantees, their heirs, successors and assigns as owners of the Easement parcel. 7. No provision of this document or any of its terms shall be construed or deemed a dedication of any rights to the general public or for any public use whatsoever, it being the intention of the parties that this Easement document shall be strictly limited to the purposes herein expressed. IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement on the date first above written. GRANTOR GRANTEES Minnova Land, LLC, a Minnesota Limited liability company F &M PA 2 By Jon a than J. Wlmshurst Its Chief Manager STATE OF MINNESOTA ss: COUNTY OF DAVID SNOEYENBOS NOTARY PUBUC MINNESOTA MyCommission Expires Jan. 31,2008 This instrument Drafted By: The foregoing instrument was acknowledged before me on the .23 day of March, 2005, by Jonathan J. Wilmshurst, the Chief Manager of Minnova Land, LLC, a Minnesota limited liability company, on behalf o said company. 4.2/ Notary Public STATE OF MINNESOTA ss: COUNTY OF DAKOTA The foregoing instrument was acknowledged before me on the -gae d day of March, 2005, by Wayne Groth and Sheila M. Groth, husband and wife, Grantees. FLUEGEL MOYNIHAN P.A. 1303 South Frontage Road, Suite 5 F &M PA 3 She a M. Groth 1?. t� Notary Public AAAhM ,,,,w ,4;; i-{C GNESS 31.2010 vvvyyw~4, yy,,w STEPHAM '4 ROGNESS Not .'i ;r- Minnesota fih Comm. Hastings, MN 55033 (651) 438 -9777 (SMM:skr) F &M PA 4 EXHIBIT A Parcel 1 That part of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota described as follows: That part of the West half of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota, lying southerly of the right of way of the Union Pacific Railroad. F &M PA 5 EXHIBIT B Parcel 2 The real property situated in Dakota County, Minnesota, legally described as follows: The Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota EXCEPT the railroad right of way and EXCEPT that part of the West half of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota, lying southerly of the right of way of the Union Pacific Railroad. Subject to public road easements for Akron Avenue and 135 Street East and all other easements. o ix= 21.48 -ACRES 1 COMPOSITE ORAWING GROTH FARM. ATT: J. EDWIN .CHADWICK LLC 0 5787 ACRES 1323.101 3'j35W 14 C1* Or e01/4 mod mom onakoder 13 W107 froth DO90i001(PID No. 3442260.0l1-751: The Standout' Quarter of Section 22,"Teereedip 135, /tante 19,Eleireee Count) Minetnota, EXCEPT der tor& 1203.5 Tert•orthe eu1 753 Bet therecE sod deo ExcErr the soloed contain' ad therein. Combating 134.43 acres. Descriptions& LW To Bo Split 0E1 Thet Pert ado Woof Wet ifie Sealant Qeerter ofSeciien 22, Towed* 115. Erne it Daiels Amami lying Katie* of lho southerly dete of way orate Union rOciik Reim& Coesoining 57.57 acre& DeocepdonotBelance of Vhyrre Ore& Pioperiy: The SOutbeas[ Quetta of Section 72, Towed* 115, Logo 19, Dakota Ceenty.1.11analen, EXCEPT tbe nada 1203.5 Iloet tailboard 753 pa 31004 end alas EXCEPT tfir. railroad eantaitect Amerce and eba del pert of the Pirat Eager the Southeast Quarter Wag ocintharlyof readberly fight away of the Union Pacific Rafted. Coareleing 76.61 roma. 5 vs 2547.57 •tiOt le 1.2'W e 1) 2651.4R S89 t: --Ear _Pato MEW ffLa n. s ata4wakr. awn 55.13 ACRES- SCALE: 3 DOI e 205 FEB 753.00 318 res• w key —0 OMER Or SEthl $000.4. .11 2' 14 lib MIMI end dnneiti ogle doe@ with:m.1k benefit et a TEM 7crutarke4oreniteieitglaid does tot purport la shrew any or ell memento on sold property: 't.f.t"! ;west 1.sieeitr;r F bullwgv OI MOM tr 0131' NMI WRY 110004 DECLARATION OF ACCESS AND UTILITY EASEMENT THIS DECLARATION, made this 2 1-- day of texiy 2002, by Wayne Groth and Sheila Groth, husband and wife "Declarant 557827/1 r? m n rJ v AUG 1 3 2008 J .i By RECITALS A. Declarant is the owner of the tracts of land in the County of Dakota, State of Minnesota as legally described on attached Exhibit A (the "Property The Property consists of Parcel 1, as legally described on attached Exhibit B and Parcel 2, as legally described on attached Exhibit C. B. Declarant desires and intends to create and establish easement over and across the east thirty -three (33) feet of Parcel 2 "the Easement Parcel as legally described on attached Exhibit d, for the benefit of Parcel 1 for the purpose of utilities and ingress and egress to Parcel 1 and portions of Parcel 2 conveyed to by the Owner of Parcel 1 (as defined in Section 5 below of this Declaration, to subsequent owners of portions of Parcel 2. NOW THEREFORE, Declarant hereby makes the following declarations: 1. Creation of Easement. Declarant hereby creates a perpetual, non exclusive access and utility easement over and across the Easement Parcel for access, ingress and egress and for utilities, from 135th Street East to Parcel 1 and Parcel 2. 2. Subdivision. The use of the easement created in Section 1 above shall be for the benefit of all of Parcels 1 and 2 notwithstanding the increased burden on the Easement Parcel and Parcel 2 resulting from any subdivision of Parcel 1 or 2. 3. Improvements, Maintenance and Repair. The Owner of Parcel 1 (as defined in Section 5 below of the Declaration) shall be solely responsible for the installation of any roadway, driveway, street or utilities on the Easement Parcel for the purposes of the easement granted herein, and for maintenance, repair, snow removal, or replacement of any such roadway, driveway, street or utilities and the Owner of Parcel B shall have no such maintenance, repair, snow removal, or replacement responsibilities. 4. Relocation of Improvements. As of the date of this Declaration, the Owner of Parcel 2 owns and maintains a shed and attached lean -to on Parcel 2 which encroaches onto the Easement Area. The Owner of Parcel 1 shall have the right, at said Owner's sole expense, to relocate the lean -to to another location within the Easement Area, o r to a location on Parcel 2 reasonably acceptable to the Owner of Parcel 2. 5. Owner Defined. Concurrent with the execution and effective date of this Declaration, Declarant shall convey Parcel 1 to Declarant's grantee by contract for deed, and grant an option for Parcel 2. The term "Owner of Parcel 1" shall mean said grantee whether as the vendee under said contract, the optionee under said option, or as the fee owner of all or a portion of Parcel 1 and /or Parcel 2. The "Owner of Parcel 2" shall mean the fee owner of that portion of not conveyed to the Owner of Parcel 1 pursuant to the Option. 6. Appurtenant Easement. The access and utility easement created hereunder shall be appurtenant to and benefit and burden Parcels 1 and 2. 7. Successors and Assigns. This Declaration shall be binding upon the successors and assigns of Declarant, including the Owner of Parcel 1, and this Declaration and the easement created herein shall touch and concern and run with Parcel 1 and Parcel 2: 8. Liability. Declarant as fee Owner of Parcel 2 and as the contract for deed vendor with respect to Parcel 1, as provided in Section 5 above, shall not be liable to the Owner of Parcel 1, or to those claiming by or through the Owner of Parcel 1, for injury, death, or property damage, arising out of the use of the easement created herein by the Owner of Parcel 1 or those claiming by or through the Owner of Parcel 1. 9. Termination of Easement. The easement created hereunder shall not be deemed to be extinguished by merger if the Owner of Parcel A becomes the fee owner of Parcel 2, unless said person records a written instrument terminating the easements. IN WITNESS WHEREOF,•the parties have hereunto set their hands the day and year first above written. DECLARANT 557827/1 f ir Sheila Groth 2 STATE OF MINNESOTA ss. COUNTY OF DAKOTA The foregoing instrument was acknowledged December 2002, by Wayne Groth and Sheila Groth, Notary Public THIS DOCUMENT WAS DRAFTED BY: MOSS BARNETT (PBZ) 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 -4129 Telephone: (612) 347 -0300 Facsimile: (612) 339 -6686 557827/1 3 before me this m? 4 ay of husband and wife. SHAWN M. MOYNIHAN NOTARY PUBLIC MINNESOTA My Comm. Ecee Jan. 31, 2005 .111 The Property The real property situated in Dakota County, Minnesota, legally described as follows: 557827/1 EXHIBIT A OF DECLARATION OF EASEMENT The Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota EXCEPT the railroad right of way. Subject to public road easements for Akron Avenue and 135 Street East and all other easements, if any. 4 EXHIBIT B OF THE DECLARATION OF EASEMENT Parcel 1 That part of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota described as follows: That part of the West half of the Southeast quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota, Tying southerly of the right -of -way of the Union Pacific Railroad. 557827/1 5 EXHIBIT C OF THE DECLARATION OF EASEMENT Parcel 2 The real property situated in Dakota County, Minnesota, legally described as follows: The Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota EXCEPT the railroad right of way and EXCEPT that part of the West half of the Southeasterly quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota, Tying southerly of the right -of -way of the Union Pacific Railroad.. Subject to public road easements for Akron Avenue and 135 Street East and all other easements, if any. 557827/1 6 EXHIBIT D OF DECLARATION OF EASEMENT LEGAL DESCRIPTION OF THE EASEMENT PARCEL The east thirty three (33) feet of the real property situated in Dakota County, Minnesota, legally described as follows: The Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota EXCEPT the railroad right of way. Subject to public road easements for Akron Avenue and 135 Street East and all other easements, if any. 557827/1 7 COMPOSITE DRAWING 1 \IAYNE GROTI FARM. ATT: J. EDWIN .CHADWICk LLC' 5 2S51.49 SE19 32 ITN STREET 54 COMP OF Mt/di Wad CINJOY neouNtro: ko• 57:87 ACRES 4 1323.53 i9' 55.13 ACRES- This Torrey sod lermini wocit done taitlanolthe latoefil atoll% Wouraohde.inandWthiaarfl does poi purpon to slow any or el easernents on told property: E x f a t h i g W a y n e Moth D e s e r i p t b n (P1D Na. 3 4 0 2 2 0 0 4 11451: 264767 -A41:iriew The Soodolat of Section 22 1.13, Raw 19,33.koht *runty; Minriatota, EXCEPT de north 1203.5 Rrot-of the eaal 753 led therm& Nod aho EXCEPT the railroad d therein. Containing 134.41 orals. Dose/1000ot Lord To Bo Spilt 036 Thai port of rho West Ha of die Sonia.* Quarter *Median 22. Towrardp 115. Rime It. DokotaCoonly. Athrocaoto bins sootherly oldie southerly risti away orthe Union Nam Railroad. Contrarily 57.57 sera. Deaerlpdonontahrooe of Wayne Oroth PiopeNy: Tbi Simile:as Quante of Section 22, Two.* 115. Rano 19, Dakota Censay, Mirmesata EXCEPT the north 1205.5 hot of the tail 753 Pet them( and al** EXCEPT the railroad tootaihai Otereke and oho :EXCEPT that part of eh. Woe Hideo( Oro Soodoes; Quarter hing Lowe moth:4y of the woutberil riga or any of the Union Pacific Railroad. 7A AI nevem 1•32i: 76 Her 30' int SCALE: 5 INCH 20o PERI E -ti- ke E. Ci 'N- 40 •20 ACRES 753 753.00 $E9'3295% e. .SE Cr NIA 11110111 311015Y .aU J. 4. 1. o o) Lucv 513 Li— C.11 it DMA OF SEW OM* MUM moaCttf Sep 19 2008 6:47AM ChriDWICK GROUP, INC t7eet{iptitactDdmact WU+u Onti Piwertr The sendnuQuarue a Mattes 77, Tawriy 1 tb. pewit tq t7io• te.V.Mi, aeeele. EXCEPT as tent 124.5 he cede oat 7u teat tltaeet: and alp. EXCEPT 11a tabard meaktad dewakeard Jee'EXCEPT pea alibi Woo 'Hata' Oa Smtbe m Quarter Wks teta0tayatdae oudterly rl N or wiped the Won Paetlo leieo.d. Codr6or Vat arms traari WOW x61041. "lift o'aY!aOn*.DewiiptbslP1ANe.34-02200411 751i 2647.0 1 s 121W 7fe Staisd'Queter dseettoe 72Yevrddp Ilf. Nov lP,Made court. ali..detr Eccuj tlr wank E03.5 katartla 753 few *mat tad do EXCEPT tk tdi4ad. eotwletd bask C awn 114.41 mat. DotwiPdor Oland ri so BO CIE That Pia dde fleet Earache faittitar Pamirarlectler 52. Taw* 115. tbr1r Delitatoar. Wittha0 m?Odt DM toodmhr tight *Iraq arle4Ador PacYle 2aboad. Coral* PM vas. 1 666 734 -3621 p.2 COMPOSITE DRAWI -IC WAYNE RO T H FARM. ATT: J. EDWIN CHADWICK LLC' Sep 19 2008 6:47RM CN..JWICK GROUP, INC September• 19 2008 EDWIN CHADWICK, LLC Land and Farms To: Jason Lindahl, City. of Rosemount ri Fr: John Chadwick, Minnova 4 1 1 8bo 734 -3621 p.1 i1.43D Zion Circle Blooniingcon, Minnesota 55437 Office (952)853:2473 FAX (952)8S6 -0492 Re: Lot .•A bit of history might be helpful at thiS juncture. as it would be pretty hard to follow otherwise.. We first bought.the 5'7 acres with and. an option on. the 76 acres (dotted) a right of first refusal on tthe 20 acre exception. •At.that, tune,. it made, sense that if we: exercised the option; we.want to be able to s B accesonaire as well'as Akron. We did not oven the 20 acre `exception piece, so we needed' an easement to do so: ,Wayne not need easement. as he owned-#[620 acre piece and.waiild that get to the SE corner :optioned land. We later bought the 20 acre parcel which then meant Wayne needed access to the.76 acre optioned piece, since he, no longer could go` across his own •land. Simultaneous :to that transaction; the (WSB). was doing a study looidng at development and the upgrade. of- Akron Ave Clearly the preferred access for the 76•acre parcel-becartae to go. West across. the 57 acre parcel that we had previously purchased. We granted that easentent-to .Wayipe as the 20 acre transaction•. The result is that the best accesa for the 76 acre land is the recorded easement -that runs. ...along the. south line•of the 57 acres, •This is in existence. until; there is a publicly ..dedicated access to t property. Thank youfor all of your work onour behalf. Please call or email With finther questions. Sep 19 2008 6:47RM DWICK GROUP, INC COMPOSITE DRA:WING 1AYNC GfOTH FARM. ATT: J. EDWIN .CHADWICK LLD' W1f2 Btpd ft oflialsem o P+ of Wome OneP n7r .n T i t Su 4 .e Qom: orSriba25, Towoseiy 115. Reis 12. Maw Ca+s r. Mlaatoto. EXCEPT tio emri rags Lot stilts auk 7SI rot aasod tad .l o EXCEPTdr whod mraird domekv rd .b•DLCIFT dN q. t of qa West 1.82oftloSaMlw Qur' 8•6 1‘ e.►.b• f t oodbeb•� Of s ofdeUrim Rat Rallrmd. .28511 .48 582' 52:5l,'E 78s moo i won doneaidoot IadNehTi deft eaepoord la lost any or vl ftsomenttw sat peppy: .rt WPM N self. ltlp a9 ISID o.eli zoom tout0a 221128 Wb'. Otolh Dsraiol'on(MD No. 11142502011.7311 NV•gI ;tl�•!6'iB'N T dsef Q ut.t sf 8esi.r 20awlfP 1.1 S, Ramo 19. V.. ku =Mao ow* 1275.1rodyrth.r7S1 het ttcm f,d atr aagaal dawn. Coraidet 134.4t ena D.rrtrkaerLo lTo Bs $PIk OQI Test Out oleo item Holt ofits Sotiifiaa Putter °Medbe1S. Tom 1111rowto iR 2.2.8 CwrW ABm.oa bb a.Mrlr eau ao.eera ryM W my ere* Uroa !.chic Istoorl. C 57.110tl0. 1 6 734 -3621 SCALP I IAN Lrle F1RCi 7 ACRE S° i 55.13 ACRES'_ 755.0d 900•92•21•2 Y 1 1am.eaorM W.0 au+rr n MoOfl l ea t O O n 1 p. o ?v •9mf:i! 0110 rF t1°9 a Cone a Salta ra.. =WY ,tt.eadr •i Sep 19 2008 6:47811 C DWICK GROUP, INC COMPOSITE bRAWING ROTH 6 FARM. ATT: J. EDWIN CHADWICk LLD' 57B7 ACRES S.E.124". 2651 410 ses.sesee ••••••7 mul awes vete does athael se ewe of a2311 erommi;i1 dew eist marl h stow se, arallemerest ett mia sk Com cf stria 1321.13 Wir111.11 immistuomftev•W 2341.6 t ii '12'W g:buto worm Ininipten (HD le. 3441120M Wen: Thet•ed 133.1 011111 .4 Salim vir....sp s, er Xa loclh MIN liatt or ie eat 3S1 le e easel hod sxcErr maws ...mmd sum. Oar:134.4 Daseripea of GMT° 30 41/1 011 Tb/ Ih 4oven Uslrefee Stelint Omer ottkehm21.Tos•re12, I I 5.Ranga I/. Dgelatee07., Amass IAN otailedr of &medial, Silt ofiey we. um.. Pee& 2•00•1. °mak' SLIT Km. Deefeetellabsee of /Am Oath Nevem The Sauthese; Queue of Seem 12, Tshodip 115, Pew I. Telma i2euray. Memo ra. =err the =fa 12124 Ibet °tamest 153 Pak eirssE abo EXCEPT de oaroar 'Galahad Owate: u•I•361120CEPT emt pme Ihe Wes MOW the Severe Quasar Wm /I ave101 then Pad& 1101kod. Chaeioing 7161 ansi. eel 1 3 734-3621 p.3 es 55 13. ACRES. SCAM I SKS 200 mrtirs•w hh•w• ii".. ••fitistra,w*"... 4 ...1‘1.4•: .11 [PHA (6 MO OW? POW MOIR if Int14 motwat