HomeMy WebLinkAbout9.d. Shafer Contracting Conditional Use Permit for Mineral Extraction CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: July 25, 1999
AGENDA ITEM: Shafer Contracting-Conditional Use Permit for AGENDA SECTION:
Mineral Extraction New Business
PREPARED BY: Rick Pearson,City Planner AGENDA � -
ATTACfIlVI�NTS: Draft Conditional Use Resolution,Findings and APPROVED BY:
Conditions of Mineral Extraction;PC minutes(5-
11 and 25-99),Review Memo,Reductions, Section
12.7 Conditional Use Permit;Revised berm
planting plan
Applicant: Scott Spisak of Shafer Contracting Co.,Inc.
Location: 1/4 mile west of Rich Valley Blvd; 1.25 miles north of County Road 38
(135th St.)
Property Owner(s): Lance Johnson
Area in Acres: 56 acres(added to 35)
Comp. Guide Plan Desig: Agriculture(Conservancy in 1993 Comp. Guide Plan)
Current Zoning: Agriculture
Planning Comm.Action: Recommendation of Approval(3-2)
SUMMARY
A Conditional Use Permit(CUP)has been requested by Scott Spisak of Shafer Contracting in order to expand the
mineral extraction permit on the Lance Johnson property. Approval of the CUP is only possible if the related zoning
text amendment expanding the allowance for mineral extraction in the Agriculture District is approved.This CUP is now
required for all new or expanded mineral extraction operations in the Agriculture District as a result of the ordinance
revisions that were completed last year. The CUP process is an additional"layer"added to the already in place
standards for mineral extraction. The additional standards governing the CUP are prepared with the intent to mitigate
the adverse effects of the day to day activities resulting from the mining process. The standards for mineral extraction
which are already in place are not replaced or de-emphasized. Rather,they tend to focus on the long term restoration and
revegetation of the pit area.
The attached memo details the eight standards for recommending a CUP to the City Council. The standards for CUP are
structured as�ndings,much like the findings required for variances(five)or Planned Unit Development(four). Staff
has assembled a Conditional Use Permit in the form of a resolution that would ultimately be adopted by the City Council.
The findings for CUP will be attached as an e�chibit as would the applicable conditions of operation. The applicant has
provided a revised planting plan for the berm plantings adjacent to the Koehnen property.
The applicant has a purchase agreement with the property owner which expires by the end of July. Therefore, action
regarding the applications is requested even though the Council has only begun to discuss mineral extraction in general
with John Shardlow.
PLAN1vING COMMISSION PUBLIC HEARING
The Commissioners in favor of the CUP(as with the text amendment)felt that the CUP was the best way to ultimately
restore the property in a fashion that would facilitate future reuse. The dissenting Commissioners either wanted to phase
out the pit with the current phase,or wait until a positive track record had been established after perhaps several years.
RECOMMENDED ACTION:
Motion to adopt a resolution granting a Conditional Use Permit for the 93 acres in the south half of the north half of
Section 14,Township 115,Range 19,Dakota County Minnesota subject to conditions.
-or-
Motion to direct staff to prepare findings of fact in denial of the Conditional Use Permit.
CITY COUNCIL ACTION:
A CONDITIONAL USE PERMIT
FOR MINERAL EXTRACTION
IN THE AGRICULTURE DISTRICT
WHEREAS,the City of Rosemount permits mineral extraction in limited areas of the
Agriculture District in conformance with standards established by ordinance and such use
is not inconsistent with the Comprehensive Guide Plan; and
WHEREAS,mineral extraction is subject to the standards established by Section 12.4 of
Ordinance B,the City of Rosemount Zoning Ordinance; and
WHEREAS, on May 11 and 25, 1999 a public hearing was conducted for the purpose of
receiving testimony from affected property owners living or owning land adjacent to the
proposed Conditional Use.
WHEREAS,the Planning Commission recommends that the City Council may issue the
Conditional Use Permit according to the findings of attached Eachibit A.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of
Rosemount hereby approves the Conditional Use Permit for mineral extraction on 93
acres of land in the south half of the north half of Section 14, Township 115,Range 19,
Dakota County Minnesota subject to:
1. Conformance with all requirements and standards specified in Section 12.4 of
Ordinance B,the Rosemount Zoning Ordinance;
2. Conformance with the conditions of mineral extraction as they apply specifically
for the property and are reviewed annually or as required by the City Council
attached as Exhibit B;
3. Activity related to the mineral extraction process shall be confined to an area of
no more than 19 contiguous acres as indicated by the phasing plan attached as
Exhibit C, and all surrounding property shall be undisturbed or completely
restored and vegetation established in a manner identified in E�chibit D.
. 4. No new mineral extraction permits will be issued in the Agriculture District
within 1.5 miles of the Conditional Use.
5. Access for the Conditional Use utilizes an easement connecting to County Road
71, one mile north of County Road 38 via land owned by Koch Petroleum Group.
6. Traffic volumes and frequency shall be subject to Dakota County approval.
Copies of all required permits from Dakota County or Minnesota Department of
Transportation shall be provided to the City along with any applicable conditions.
I
7. A landscaped 75-foot setback is required along the common boundary with the
eleven acre Koehnen property. This area shall have a ten foot high minimum
berm planted with a double row of 8 ft. spruce trees planted on 12' centers. The
trees shall be maintained in good health, and the operator shall replace dead trees
within the same season. The berm shall be maintained with perennial turf against
erosion.
ADOPTED this 15�'day of June, 1999.
Cathy Busho,Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Exhibit A
CONDITIONAL USE STANDARDS
FINDINGS
The City Council finds that the Conditional Use at the proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare
of the neighborhood or the city.
Conformance with the conditions of operation satisfies the health-safety-welfare
concerns.
2. Will be harmonious with the objectives of the Comprehensive Guide Plan and City Code
provisions.
Satisfactory completion of the restoration/reclamation plan upon the termination of the
mining process will prepare the land for re-use in conformance with the Comprehensive
Guide Plan.
3. Will be designed, constructed, operated and maintained so as to be compatible or similar
in an architectural and landscape appearance with the existing or intended character of
that area, nor substantially diminish or impair property values within the neighborhood.
The provision for buffering surrounding agricultural property should be found to be
adequate to mitigate the adverse impacts of the mineral extraction operation.
4. Will be served adequately by existing (or those proposed in the project) essential public
facilities and services, including streets,police and fire protection, drainage, structures,
refuse disposal,water and sewer systems and schools.
Access in particular should be examined relative to the mineral extraction operation. No
other essential public facilities are immediately available to serve the site. It must be
able to function independently.
5. Will not involve uses, activities,processes,material equipment and conditions of
operation that will be hazardous or detrimental to any persons, property, or the general
welfare because of excessive production of traffic,noise, smoke, fumes, glare or odors.
Accessory uses such as crushing, recycling, sorting and stockpiling must be thoroughly
detailed in the plan and regulated accordingly. Other uses such as asphalt plants are not
allowed in the Agriculture District and as such are prohibited.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
" All permits required by the Dakota County Highway Department must be in evidence as
required in the Conditions of Operation.
7. Will not result in the destruction, loss or damage of a natural, scenic, or historic
feature of major importance and will comply with all local, state, and federal
environmental quality standards.
The city may consider requiring that the 1976 environmental assessment be updated.
8. These standards apply in addition to specific conditions as may be applied throughout this
code.
E�t�t►��T �i
Mineral Extraction Permit
1999 Conditions For Mineral E�rtraction Permit Renewal
LANCE J. JOHNSON
A. That Lance J. Johnson(hereinafter"the Property Owner") signs a written consent to these
conditions binding himself and his successors,heirs or assigns to the conditions of said permit.
B. That this permit is granted for the area designated as Phase 3 on Exhibit A which is attached
hereto as one of the exhibits.
C. That the term of the permit shall extend from January l, 1999 until December 31, 1999 unless
revoked prior to that for failure to comply with the permit requirements. A mining permit fee
of$300.00 shall be paid to the City of Rosemount.
D. That all required permits from the State of Minnesota, County of Dakota and City of
Rosemount(hereinafter "City") or any of their agencies be obtained and submitted to the City
prior to the issuance of the permit. That failure by the Property Owner to comply with the .
terms and conditions of any of the permits required under this paragraph shall be grounds for
the City to terminate said mining permit.
E. That the final grading for the permit area shall be completed in accordance with the attached
grading plan labeled Exhibit B, or as approved by the City Engineer, and any other conditions
as may be imposed by the City from time to time.
F. All gravel trucks and other mining related traffic shall enter and exit the mining area from Rich
Valley Boulevard. It shall be the Property Owner's responsibility to obtain any access permits
or easements necessary for ingress and egress. The location of the accesses and/or easements
for ingress and egress shall be subject to approval by the City, as well as the County Highway
Department or the Minnesota Department of Transportation if applicable or if any changes
occur relative to the mining process. The current location of the access driveway is indicated
on the Phasing Plan, Exhibit A.
G. That a plan for dust control shall be submitted to and subject to approval by the City. The
Property Owner shall clean dirt and debris from streets that has resulted from extraction or
hauling operations related to the Mineral Extraction Permit. After the Property Owner has
received 24-hour verbal notice, the City will complete or contract to complete the clean-up at
the Property Owner's expense. In the event of a traffic hazard as determined by the Public
Works Director or Rosemount Police Department,the City may proceed immediately to
complete or contract cleanup at Property Owner's expense without prior notification.
H. That the surface water drainage of the mining area shall not be altered so as to interfere,
contaminate, or otherwise effect the natural drainage of adjacent property.
I. That no topsoil shall be removed from the site and that the Property Owner shall take necessary
measures to prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil
shall be indicated on Exhibit A the Phasing Plan. Topsoil shall be provided to a minimum
depth of four(4) inches and shall be consistent with city specifications for all restored phases.
J. Any costs incurred now or in the future in changing the location of existing public or private
utilities including but not limited to pipelines,transmission structures
1999 Mining Permit
Lance J.Johnson
Page 2 of 4
and sewer infrastructure located within the permit area shall be the sole obligation and expense
of the Property Owner.
K. That all costs of processing the permit, including but not limited to planning fees, engineering
fees and legal fees, shall be paid by the Property Owner prior to the issuance of the permit.
That the Property Owner reimburse the City for the cost of periodic inspections by the City
Public Works Director or any other City employee for the purpose of insuring that conditions
of the permit are being satisfied. That the Property Owner agrees to reimburse the City for any
other costs incurred as a result of the granting or enforcing of the permit.
L. That the daily hours of operation for the mining area shall be limited to 7:00 a.m. to 8:00 p.m.,
subject,however,to being changed by the City Council.
M. That the Property Owner deposit with the City a surety bond or cash escrow in the amount of
Five Thousand Dollars per acre($5,000.00/acre) for any active phase in favor of the City for
the cost of restoration,regrading and/or revegetating land disturbed by mining activities and to
ensure performance of all requirements of this agreement and City ordinances by Property
Owner. The required surety bonds must be:
(1) With good and sufficient surety by a surety company authorized to do business in the
State of Minnesota with the right of the surety company to cancel the same upon thirty
(30) days written notice to the permit holder and the City.
(2) Satisfactory to the City Attorney in form and substance.
(3) Conditioned that the Property Owner will faithfully comply with all the terms,
conditions and requirements of the permit; all rules,regulations and requirements
pursuant to the permit and as required by the City and all reasonable requirements of the
Public Works Director or any other City officials.
(4) Conditioned that the Property Owner will secure the City and its officers harmless
against any and all clauns, or for which the City, the Council or any City officer may be
- made liable by reason of any accident or injury to persons or property through the fault
of the Property Owner.
(5) The surety bond or cash escrow shall remain in effect from January 1, 1999 until July
30, 2000.
Upon thirty(30) days notice to the permit holder and surety company, the City may reduce or
increase the amount of the bond or cash escrow during the term of this permit in order to insure
that the City is adequately protected.
N. That the Property Owner furnishes a certificate of comprehensive general liability insurance
issued by insurers duly licensed within the State of Minnesota in an amount of at least Five
Hundred Thousand and no/100 ($500,000.00)Dollars for injury or death of any one person in
any one occurrence,bodily injury liability in an amount of at least One Million and no/100
($1,000,000.00)Dollars and damage liability in an amount of at least Two Hundred Fifly
Thousand and no/100 ($250,000.00)Dollars arising out of any one occurrence. �'he policy of
1999 Mining Permit
Lance 7.Johnson
Page 3 of 4
insurance shall name the City as an additional insured and shall remain in effect from March
24, 1998 until March 24,2000.
O. That no processing or mixing of materials shall occur on the site except as approved by the
Dakota County Environmental Health Department as incidental to a sand and gravel mining
operation at which time such activities will be enclosed with snow or cyclone fencing or as
approved by City staff. Construction of any ponding areas or wash plants shall require
additional City Council approval as a modification of the approved grading plan. and
notification of adjacent property owners,
P. That the Property Owner shall hold the City harmless from all claims or causes of action that
may result from the granting of the permit. That the Property Owner shall indemnify the City
for all costs, damages or expenses, including but not limited to attorney's fees which the City
may pay or incur in consequence of such claims.
Q. That the Property Owner comply with such other requirements of the City Council as it shall
from time to time deem proper and necessary for the protection of the citizens and general
welfare of the community.
R. Complete mining and reclamation is required in all phases before any additional mining is
authorized. Modifications or expansion of the mining areas must be approved in writing to the
City. Property Owner shall submit to the City semi-annually a written report indicating the
amount of material extracted from the site for the prior six-month period.
S. That the Property Owner shall incorporate best management practices for controlling erosion
and storm water runoff as specified by the Minnesota Pollution Control Agency and the United
States Environmental Protection Agency.
T. The Property Owner must have a copy of the Dakota County Soil and Water Conservation
District mining application completed and on file with the City of Rosemount Planning
- Department prior to the approval of the Mineral Extraction Permit.
U. Reclamation requires the replacement of the entire stockpile of topsoil to the mined area,
reseeding and mulching necessary to re-establish vegetative cover for permanent slope
stabilization and erosion control,provided also that the minimum depth of topsoil shall not be
less than four inches after reclamation. Topsoil for reclamation shall conform to specifications
on file with the City. No restored slopes may exceed a gradient of 25%or four to 1 (4:1).
V. The Property Owner must show how materials stockpiled for recycling will be processed and
inform the City of all stockpiled materials. The area of stockpiled material shall not exceed
2.25 acres (which is 25%of the area of the currently permitted phase-currently 9 acres of the
mineral extraction process). No stockpiled or imported material may be buried within the �
permit area except topsoil in conformance with paragraph U.
1999 Mining Permit
Lance J.Johnson
Page 4 of 4
W. All recycling must be completed with the completion of the current phase. No recycling
processes shall be allowed to continue into subsequent phases. The duration of crushing and
other activities related to recycling shall be limited to sixty(60) days per year. Extensions to
the 60 day limit shall require City Council approval. The City shall be advised prior to
commencement of said crushing or related activities for monitoring purposes.
X. The Property Owner may not assign this permit without written approval of the City. The
Property Owner will be responsible for all requirements of this permit and all City ordinances
on the licensed premises for the permit period unless the Property Owner gives sixty(60) days
prior written notice to the City of termination and surrenders permit to the City. The Property
Owner shall identify all Operators prior to their commencement of mineral extraction-related
activities in the pit area. The City shall have the authority to cause all mineral extraction
activities to cease at any time there is an apparent breach of the terms of this Permit.
Y. The Property Owner shall furnish proof of compliance with the requirements of Minn. Stat.
§298.75, the gravel tax,prior to commencing mineral extraction activity.
IN WITNESS WHEREOF, Lance J. Johnson, the Property Owner, hereby consents
and agrees to the foregoing conditions of said mining permit and has hereunto set his hand this
day of , 1999.
L EJ. J
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,
1999,by Lance J. Johnson,the Property Owner.
otary u ic
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Planning Commission
• Regular Meeting Minutes
May 11, 1999
Page 2
MOTION by Droste to recess the meeting unti17:00 p.m. Motion carried unani.mously.
Public Hearing: Shafer Contracting Co., Inc. CUP and Zoning Text
Amendment .
Chairperson Droste opened the public hearing on the application by Shafer Contracting Co.,Inc.
for a Gonditional Use Permit for Mineral Extraction and a Zoning Ordinance Text Amendment.
The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and
Posting of a Public Hearing Notice on file with the City.
Mr.Pearson siunmarized the requests by Shafer Contracting. The CUP is for mineral extraction
on the Lance Johnson property,which is located in the Agriculture district. Currently,mining is
pemutted in the General Industrial district and is limited in the Agriculture district to an area
within'/:mile on either side of CSAH 42, east of Hwy. 52. The requested amendment to the
zoning ordinance would allow mining in an azea where it currently is not allowed. The zoning
text amendment must be approved prior to the CUP. The CUP would include an additiona153
_ acres and would set up future phasing plans to the west. While existing standards for mineral
. extraction remain, the CUP process incorporates additional conditions and findings.
Chairperson Droste opened the floor to the applicant. David Sellergren, attomey for Shafer
Contracting, Scott Spisak,Vice President of Shafer Contracting, and Steve Nicholson,
Consultant Forester were present.
Mr. Sellergren explained Shafer's request for a zoning text amendment versus a zoning change in
order to establish permanent, long-term parameters for the mining operation. Shafer understands
that non-compliance with any of the conditions could result in revocation of the CUP. Mr.
Sellergren referenced the environmental review previously done and indicated that another
review is not required. He indicated that berming,plantings and cleanup will be done
immediately.
Scott Spisak provided background information on Shafer Contracting and the structure of the
operation. He explained the various uses for aggregate, and listed the numerous consultants
utilized for this mining operation. Primary access to the property would be via an easement over
Koch property or 120th St. No access is intended through the Koehnen property..Mr. Spisak
reviewed existing and proposed mi.ning operations,haul routes, dust control, and the phasing
plan. Shafer will immediately construct additional berm along both sides of the Koehnen
property and the eastem edge of the pond area The existing pond will be moved and the pipe
sealed so drainage no longer goes north to the Koehnen property. Mr. Spisak assured the
� Commission that Shafer will comply with the 19'/z acre limitation on maximum open mining �
Planning Commission �
• Regular Meeting Minutes -
May 11; 1999 .
Page 3. : -
area allowed at one time and that reclamation will follow each advancement to the west. Mr.
Spisak estimated a timeframe of approximately 20 years for this mi.ning operation. .
Steve Nicholson addressed tree preservation issues. He proposed immediately moving trees to
berms and buffer zones. He further proposed the establishment of a nursery with plant stock for.
later use in an effort to establish tree diversity on the si�e. � �
In response to Mr. Pearson's outline of the negative impacts of expanding the mining permit,Mr. �
Sellergren indicated the improvement to the existing operation would provide a benefit, _
inspections aze encouraged and may result in a comfort level requiring less monitoring, Sliafer
will post a bond to negate any financial drain on the city,the mining operation will not be.� , . . _
. . . .
`` �`` - iricreased arid wi1}be better managed and restored,and the surrounding area is not planned'for � �' � �
urban development.
Commissioners reviewed the proposed grading elevations.
. _ Chairperson Droste opened the floor to the public.
Joan Schnieder, 12255 Rich Valley Blvd., expressed concerns with prior reclamation promises
not kept,water contarnination,traffic,recycled&contaminated material hauled to the site, and
the lack of policing to control dumping&shooting in the area. Ms. Schnieder opposes the
expansion of the mining operation. _
Charlie Koehnen, 12255 Rich Valley Blvd.,noted that taxes on this property have not been paid
to the County by Lance Johnson. Additionally,Mr. Johnson has not reclaimed the property.
Marsha Mrozinski, 11771 Rich Valley Blvd.,Inver Grove Heights, expressed her concerns:with
truck traffic and drivers' failure to obey stop signs and speed limits, along with dust and noise
pollution. She would like to see limits placed on the hours and days_of operation. �
Bob Plan. 11889 Rich Valley Blvd.,Inver Grove Heights,wants to see a limitation on the hours
of operation and no activity on the weekends. He is also concerned about the traffic. He
indicated that oil or gas was found in the water,which raises concems of pollution.
Chris Plan, 11815 Rich Valley Blvd.,Inver Grove Heights, also expressed concerns with traffic
and pollution.
� Discussions continued conceming the storm water storage pond and pollution concems. '�
i
� Planning Commission
Regular Meeting Minutes
May 11, 1999
Page 4
Mr. Spisak responded to residents' concerns. He explained there is a designated recycling area.
Any existing,recycled materials located elsewhere on the property will be moved to the
designated area. While no contaminated materials were found in the environmental review, if
anything is uncovered,it will be disposed of properly. A gate has been installed to prevent
unlawful dumping in the mining area. No increased traffic is expected and there are no plans to
operate at night. Shafer has a safety director on staff to monitor any complaints against their •
drivers. Mr. Spisak indicated he is willing to meet with residents to address their concerns.
Commissioner Shoe-Corrigan identified issues of whether this use is compatible with the
neighborhood and the timeframe for the mining operation. A long-term mining operation would
have an impact on the lives of the neighborhood. She believes this company would be an asset to
the community. The reclamation plan is the best seen and the operation would be an
improvement over what is usually done.
Commissioner Weisensel recognized the concerns of the neighbors but felt those issues would be
addressed by the city council. He supported the reclamation plan and proceeding with a
� recommendation of approval.
Commissioners discussed terms and conditions toner oclmments and o b g tthis matter back on
t o d r a ft r e c o m m e n d a t i o n s b a s e d u p o n C o m m i s s i
May 25. Discussion continued concerning the area to be covered by the text amendment.
Commissioner Weisensel indicated he would be interested in including more than the 93 acres
involved in this application. Following further discussion, Staff was instructed to limit the
zoning text amendment to 93 acres and future requests for mining permits in the Agriculture
district would be addressed on a case-by-case basis.
� MOTION by Droste to table action regarding the zoning text amendment and the conditional
use permit until May 25, 1999. Seconded by Shoe-Corrigan. Ayes: Shoe-Comgan,Weisensel,
i
:Tentinger, and Droste. Nays: 0. Motion carried.
� There being no further business to come before this Commission,upon MOTION by Droste and
upon unanimous decision,the meeting was adjourned at 9:45 p.m.
Respectfully submitted,
4�k�
� Dianne G. Quinnell,Recording Secretary
05/20/99 THU 10:47 FAT 6�1 257 3778 SH�FER CONTR�CTING
� , /�. � ��.
�������� __ .__-._ ...._ _.._.._. _----• .... _. _..._._ _.__ _._ -
___..----._ _.___ _
SHAFER, MINNESOTA 55074
Via Fax and vlail
May 19. 1999
Mr. Rick Pearson
City of Rosemotmt
2875 145'�Street West
Rosemount,MN 5�068-4997
Re: �ining Operation—
Lance Johnson Property h
Dear M�-.Pearson:
At the request of the Planning Conunission at their May 11�'meeting,I have initiated contact and
cIiscussion with thc three Inver Grove Heights residents who attended the meetin�.
On Monday,May 17`�',I left messaaes at the homes of Ms. Chris Plan and Ms. Ma��cia Mrozkinski.
1v1y second attenipt ta contac;t bulh on May 18'�' was only paitially successf"ul. Each party, separately
stated that they wcre busy with family activities and anable to setup a time to mcet with me. It was
lefit that each would c�ll me when they could schedule a meeting time.
I also contacted Mr. Bob Plan on May 17'h and was able to schedule a meeting f�r Ti�esday,May 18�'.
t spent some time Tuesday moining Iistening to Mr.Plan's concerns and attempting to explain the
details of our operations to him. He thanlced me ior taking the time to visit with him.
I have attached copies of letters,to all three p�-ties,that should be included in d�e Planning
Conunission packets.
Thanl:you.
Yours very tnily,
SHAFER CONTRACTII�'G C .,Ti�IC.
y h
By:
Scott A. Spisak�
SAS:js
An Equat Opportunity Employer
�9 THU 10:48 F�� 6�1 257 3778 SH�FER CONTRACTING �1��3
s��� � �. , ��.
SHAFER, MINNESOTA 55074
May 19, 1999
Mr.Bob Plan
11889 Rich Va1Iey Blvd.
Inver Grove Heights, Minnesota 55077
Re: Mining Operations on
Lance Johnson Property, Rosemount
Dear Mr. Plan:
Thank you for taking the time to meet with me yesterday morning.
I appreciate your eoncems and want to assw�e you that we take very seriously our responsibility not
only to comply with permits that are issued by any City,in this case the City of Rosemount, but also
our responsibility to act as a good neighbor.
We will alwnys be available to you,at any time, to discuss any conceins that you may have about our
operations. Please call me at (651)257-5019.
I want you to personally know that our company will be an excellent neighbor. We Iook foiward to a
good working relationsh.ip.
Yours very truly,
SHAFER CONTRACTING CO., INC.
�
�
1 �' �-
By:
Scott . pisal:
SAS:js
An Equal Opportunity Employer
05/20/99 THU 10:48 FdT 651 257 3778 SH�FER CONTR�CTItiG
� , '✓�i'i � ��'K/.
SHAFER, MINNESOTA 55074
May 19, 1999
Ms. Ctu•is Plan
1181�Ricl� Valley Blvd.
Inver Grove Hcights,Minnesoca 55077
Re: Mining Operations on
Lance Johnson Property—Rosemount
Dear Ms.P1a��:
As we discussed last evening,I understand that you are busy with family activities this week and are
unable to meet with me about our proposed operations on the Lance Johnson property.
Please call me when you have some time av�ulable so that we can schedule a time to meet.
I want to assure you that we.taE:e veiy seriously our responsibility not only to comply with permits tha�
are issued by any City,in this case the City of Rosemount,but also our responsibility to act as a g�cxi
neighbor.
We will alway�lie available to you, at anytime,to discuss any concerns that you may I�avC about our
operations. Please call me at(651)257-5019.
I wan�you to personally know that our company will be an excellent neighbor. We look forward to a
good working relationship.
' Yours very truly,
SHA.FER CONTRACTIN('T CO.,INC.
, �
B y: >
Scott A. ' ak
SAS:js
An Equa!Opportunity Emptoyer
, 99 THli 10:49 F�1T 6�1 2�7 3778 SH:IFER CONTR�ICTI�iG ����d
s � �. , ��.
SHAFER, MINNE50TA 55074
May 19, 1999
Ms. Marcia Nlrozinski
I 1771 Rich Valley Blvd.
Inver Grove Heights,Minnesota 55077
Re: Mining Operations on
La��cc J�hnson Property—Rosemount
Dear Ms. Mrozinsl:i:
As we discussed last eve�ling, I understand that you are busy with family activities this week and dre
unable to inc;et with me about our proposed operations on the Lancc Johnson propeity.
P1Casc call me when you have some time available so that we can schedule a time to ineet.
I want co assure you that we tal:e very seriously our responsibility not only to comply with permits that
are issueci by any City,in this case the City of Rosemount,but also our responsibility to act as a good
neighbc�r.
We wiIl always be available to you,at anytime, to discuss any concerns that you may have about our
operations. Please call me at (651)2�7-5019.
I want you to personally lJ►ow that our company will be an excellent neighbor. We look forward to a
good worl:ing relationship.
� Yours very t�uly,
SHAFER CONTR.ACTING CO., INC.
By. - /
Scott A. S i �il: —
SAS:js
An Equal Opportunity Employer
;:'',
i�.
C 1 TY O F RO S E M O U N T Z875 C145tHS eet West
— Rosemount,MN
Everything's Coming Up Rosemount!! 55068-4997
Phone:651-423-4411
Y'y� �
°�a,�,yah-�.�, ��°'�� Hearinglmpaired651-423-6219
fax:651-423-5203
TO: Planning Commission
FROM: Rick Pearson, City Planner
DATE: May 6, 1999
RE: May 11, 1999 Regular Planning Commission Reviews - Shafer Contracting
Zoning Text Amendment and Conditional Use Permit (CUP) request for mineral
extraction.
BACKGROUND
This request concerns the 93 acres owned by Lance Johnson 1.25 miles north of County Road 38,
1/3 mile west of Rich Valley Blvd. The eastern third has been the site of a mineral extraction
operation for almost 20 years. Shafer Contracting intends to purchase the properly from Lance
Johnson, if the remaining 56 acres is approved for mineral extraction.
The current permit concerns the easterly thirty five acres of the Johnson property which was
originally approved by Resolution 1979-52 for Markham Sand & Gravel. In 1982, Lance
Johnson acquired the property. The property has been mined by various operators ever since,
including Danner, Bituminous Roadways, Friedges Landscaping and now, Shafer Contracting.
Mr. Johnson contends that the entire 93 acres were included with the original permit. Staff
disagrees with this assertion. An environmental assessment for mining was completed that
covered a very large area. However, the city approved only the initial phases of the mining as
referenced in the resolutions (please see attached).
ZONING TEXT AMENDMENT
The Applicant and land owner are requesting that the zoning ordinance be changed to allow
mining in this area of the Agriculture District. Currently, the Agriculture District only permits
mining east of U.S. 52, within '/2 mile of CSAH 42. The text amendment is necessary to
facilitate the expansion of the mineral extraction permit in this area west of STH 52. The first
phase of the mining was zoned General Industrial along with land to the south owned by
Parranto. At some time in the 1980's, the pit area was expanded into the second and third phases
which are still zoned Agriculture. Therefore, the ongoing mineral extraction permit has been
considered non-conforming and Staff has advised the applicant that the City will not permit
expansion of the mining process beyond the currently permitted phases.
` The attorney for the applicant provided draft language for the amendment (again,please see
I attached). However, the language is vague and does not involve locational specificity which is
the normal approach taken by Rosemount in past zoning amendments. Therefore, staff will
� prepare language based upon direction from the City Council and the Planning Commission. '
May 11, 1999 P. C. Reviews -Mineral Extraction Zoning Text Amendment & CUP
Page 2.
The most recent text amendment involving the sign ordinance focused attention to the process of
amendments in general. Staff has scheduled a public hearing for May 25, 1999 to discuss a
restructuring of the ordinance amendment process. If the outcome of this process is to limit
initiation of amendments to the City Council, then property owners will no longer be able to
apply for text amendments as is the current case. This should create some efficiencies by
allowing staff to concentrate ordinance revisions on the basis of Council direction with the
ability to incorporate the efforts into annual work plans. Therefore, the text amendment initiated
by Lance Johnson may be the last property owner initiated amendment.
CONDITIONAL USE PERMIT
The Agriculture District as revised now includes mineral extraction(if allowed in the requested
location with the zoning text amendment) as a conditional use. All of the standards for mineral
extraction still apply. However, approval of the Conditional Use Permit (CUP)must also
conform with the following findings:
l. (The CUP)will not be detrimental to or endanger the public health, safety, or general
welfare of the neighborhood or the city.
Conformance with the conditions of operation satisfies the health-safety-welfare
concerns.
2. (The CUP) will be harmonious with the objectives of the Comprehensive Guide Plan and
City Code provisions.
Satisfactory completion of the restoration/reclamation plan upon the termination of the
mining process will prepare the land for re-use in conformance with the Comprehensive
Guide Plan.
3. (The CUP) will be designed, constructed, operated and maintained so as to be compatible
or similar in an architectural and landscape appearance with the existing or intended
character of that area, nor substantially diminish or impair property values within the
neighborhood.
The provision for buffering surrounding agricultural property should be found to be
adequate to mitigate the adverse impacts of the mineral extraction operation.
4. (The CUP) will be served adequately by existing (or those proposed in the project)
essential public facilities and services, including streets, police and fire protection,
� drainage, structures,refuse disposal,water and sewer systems and schools.
Access in particular should be examined relative to the mineral extraction operation. No
other essential public facilities are immediately available to serve the site. It must be
able to function independently.
5. (The CUP) will not involve uses, activities,processes, material equipment and conditions
of operation that will be hazardous or detrimental to any persons, property, or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
Accessory uses such as crushing, recycling, sorting and stockpiling must be thoroughly
detailed in the plan and regulated accordingly. Other uses such as asphalt plants are not
allowed in the Agriculture District and as such are prohibited.
6. (The CUP) will have vehicular ingress and egress to the property which does not create
May 11, 1999 P. C.Reviews-Mineral Extraction Zoning text Amendment & CUP
Page 3.
traffic congestion or interfere with traffic on surrounding public streets.
All permits required by the Dakota County Highway Department must be in evidence as
required in the Conditions of Operation.
7. (The CUP)will not result in the destruction, loss or damage of a natural, scenic, or
historic feature of major importance and will comply with all local, state, and federal
environmental quality standards.
The city may consider requiring that the 1976 environmental assessment be updated.
8. These standards apply in addition to specific conditions as may be applied throughout this
code.
Much attention has been given to the long term expectations of reclaiming the land and leaving it
suitable for reuse. The CUP findings should result in additional consideration to the effects of �
the daily operations in the pit area, especially item 5 which covers the nuisance effects.
DISCUSSION
The Planning Commission is being asked to conduct the public hearings as required and forward
a recommendation to the City Council. The Council will be discussing mineral extraction along
with other topics at the anticipated retreat later in May or June. As a result, staff expects that
ordinance revisions will be expected as a follow-up to Council direction. In the mean time, the
merits of the amendment and CUP should be discussed recognizing that they are active
applications.
The benefits of allowing the expansion of the mineral extraction permit are:
1. A local supply of aggregate materials may help to keep highway and other infrastructure
construction costs competitive.
2. A local source located near the construction sites reduces traffic impacts elsewhere on
the highway system.
3. This site is an established mining area with nearly all surrounding property owned by
� Koch Petroleum Group.
4. Expanding an existing mining site may be more practical than establishing new mining
" sites in Rosemount.
5. An owner-operator would assume all mining responsibilities which is the optimum
situation for city enforcement.
The perceived negative impacts of expanding the mineral extraction permit are:
1. The direct benefits to the city are negligible if not intangible (eg., fees,jobs, tax base).
2. Increased monitoring by staff would be a minimum expectation, given the speed by
which problems can develop. The current"honor" system does not protect the long-term
interests of the city and environmental protection.
3. The possibility of the City taking corrective measures as a result of an operator
abandoning a pit will drain available resources at the expense of other demands even
May 11, 1999 P. C. Reviews - Mineral Extraction Zoning Text Amendment& CUP
Page 4.
though financial sureties are in place to cover costs.
4. A large mining area may have more adverse impacts on the environment than
smaller/scattered sites.
5. Overall expansion of mining activities should be limited within a municipality. That
means that there seems to be an inherent incompatibility with(expanding) urban uses and
mining. That new mining should be in the townships, well beyond the urban area.
RECOMMENDATION
Given the pending Council discussion and direction which will influence the outcome of the
process, comments should be received in order to satisfy the public hearing requirements. Action
regarding the zoning text amendment and the conditional use permit should be tabled pending
Council direction.
12.7: CONDITIONAL USE PERMITS (CUP):
A. Purpose: The purpose of conditional use pernuts is to allow for
� those uses which are not generally suitable within the zoning
district,but which under some circumstances may be suitable. The
. applicant for a CUP shall have the burden of proof that the use is
suitable and that the standards set forth in this subdivision have
been met.
B. Application,Public Hearing,Notice and Procedure: The
application,public hearin;,notice and procedure requirements for
CUPs shall be the same as those for amendments to the Zoning
Ordinance, as identified in Section 16.2 of this Ordinance. CUPs
may be granted only by a 4/5 vote of the entire Council. Specific
submissions requued to complete an application for a CUP shall
address all standards applicable to the proposed use. The applicant
shall provide information as required in the site plan review.
C. Standards: The Commission shall recommend a CUP and the
Council may issue such CUP if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health,
safety, or general welfare of the neighborhood or the city.
2. Will be harmonious with the objectives of the
Comprehensive Plan and city code provisions.
3. Will be designed, constructed,operated and maintained so
as to be compatible or similar in an architectural and
landscape appearance with the existing or intended
character of the general vicinity and will not change the
essential character of that area,nor substantially diminish or
�
impair property values within the neighborhood.
4. Will be served adequately by existing(or tYiose proposed in
the project) essential public facilities and services,
including streets,police and fire protection, drainage,
structures,refuse disposal,water and sewer systems and
" � schools.
5. Will not involve uses, activities,processes,material
equipment and conditions of operation that will be
hazardous or detrimental to any persons,property, or the
general welfare because of excessive production of traffic,
� noise, smoke, fumes,glare or odors.
City of Rosemount
Pa�e 207
� 6. Will have vehicular ingress and egress to the property
which does not create traffic congestion or interfere with
traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a
natural, scenic,or historic feature of major importance and
• will comply with all local,state, and federal environmental
quality standards.
8, These standards apply in addition to specific conditions as
may be applied throujhout this code.
D. Conditions: In reviewing applications for CUPs,the Commission
and the Council may attach whatever reasonable conditions they
deem necessary to mitigate anticipated adverse impacts associated
with these uses,to protect the value of other property within the
district, and to achieve the goals and objectives of the
Comprehensive Plan and City Code provisions. Such conditions
may include,but are not limited to,the following:
1. Controlling the number, area,bulk,height, density,
intensity, and location of such uses.
2. Regulating ingress and egress to the property and the
proposed structures thereon with particular reference to
vehicle and pedestrian safety and convenience, traffic flow
� and control, and access in case of fire or other catastrophe.
3. Regulating off-street parking and loading areas where
required.
4. Specifying utilities with reference to location availability
and compatibility.
5. Requiring berming, fencing, screening, landscaping or other
facilities to protect nearby property.
6. Ensuring compatibility of appearance.
In determining such conditions, special consideration shall be
given to protecting immediately adjacent properties from
objectionable views,noise,traffic and other negative
- characteristics associated with such uses.
E. Revocation: Failure to comply with any condition set forth in a
CUP, or any other violation of City Code provisions, shall also
constitute sufficient cause for the termination of the CUP by the
Council following a public hearing.
City of Rosemount
Page 208 -
F. Expiration: In any case where a conditional use has not been
established within one(1)year of the date on which the CUP was
� granted,the permit shall be null and void. If the conditional use is
discontinued for six(6)months,the CUP shall be null and void.
G. Permittee: A CUP shall be issued for a particular use and not for a
particular person.
12.8: INTERIM USE PERMITS (IUP):
A Application,Public Hearing,Notice and Proced e: The
application,public hearing,public notice and pro edure
requirements for interim use permits shall be same as those for
. endments as provided in Section 16 of thi Ordinance, except
th t the permit shall be issued on the aff tive vote of a majority
of entire Council. Specific submissio s required to complete an
applic ion for an interim use permit s 11 be specified for each
type of' erim use allowed.
B. Termination. NP shall te nate on the happening of any of
the following e nts,whichev first occurs:
1. The date stat in t e permit.
2. Upon violation e condition under which the permit was
issued.
3. Upon ch ge in the City zoning regulation which renders
the use onconforming. �
�
C. Standards: t
1, e interim use must be allowed in th zoning district
. here the property is located.
2. The interim use must meet or exceed the pe ance
standards set forth in this Ordinance and other a licable
� City ordinances.
3. The interim use must comply with the specific standard or
he use identified in this Ordinance, and must comply with
City of Rosemount
Page 209
!
��'d �d101
[� KaCH
KOCH PETROLEUM GROUP LP �
City of Rosemount May b, 1999
Pianning Commission Membez�s
Koch Petroleum gzoup�..�_ would like ta share its concerns with the planning
commission around the propased mining operation on the Lance Johnsan property.
In the past some of our adjacent property has been effected by runoff from the operation
due to unpermitted pipin�bein�piaced to drai.n the mining area. Koch has also had some
of our bordering property stripped af tap soil and left with a poor reclamation plan.Koch
can not determine if these incidents were directly related to the mining operation or are
due to inadequate security�measures that may have allowed other�quipment in the area.
A�1 we can comment on is what has happened to our property in this area, in the past.
Recent�y the gate to our property located at Rich Valley Boulevard was removed by the
rz�ine operator, allowing unrestricted public access tv our properiy and the minin�
operation. Since this gate removal we have experienced several incidents o�garbage
dumping on our properry.
I talked with Scott S�isak and Geoz�ge Mattson of Shafer Contracting on Wedr�esday
5/S/99. Seott assured me that our concerns wouId be taken care of and that they would
provide gates and security fences around the perimeter along with permanently blocking
ofFthe discharge piping to our pz�operty. I have heard from others that Shafer is a
reputable company a.z�d at this point I have no reason to doubt that they will keep their
commitments.
Kach supports business and economic growth in the azea and is taking a neutral position
on the proposed mining expansion. We only want to state our concerns as an adjacent
- land owner.
laon Kern
�� ���
Pro�essional Services Manager
�
Z0'd d1 df10�I�J Wn310�11�d H�O�i ZZ:L0 666I-L0-J.dW
CITY OF ROSEMOUNT
Resolution 1979-52
A RESOLUTION PROVIDING FOR A DEVELOPER'S CONTRACT BETWEEN RICH
VALLEY DEVELOPMENT COMPANY AND THE CITY OF ROSEMOUNT.
WHEREAS, Rich Valley Development Company, a Minnesota Corporation,
herein after sometimes referred to as Rich Va11ey, has applied for
a mining permit from the City of Rosemount, Dakota County, Minnesota,
hereinafter sometimes referred to as "City", and
WHEREAS, Rich Valley is the owner of certain property located within
the City, the legal description and map of which are attached hereto
as Exhibit "A", and
WHEREAS, Rich Valley intends to conduct its mining operation within
( the confines of the property legally described and surveyed on
Exhibit "B", a copy of which is. attached hereto, and
WHEREAS, the City has referred said permit application to its Planning
Commission, Planning Consultant and City Attorney for comments, which
comments have been made and considered by the City Council.
� NOW THEREFORE BE IT RESOLVED, by the City Council of the City of
Rosemount as follows:
1. That the�-apglication of Rich Valley for a mining permit be granted
subject to the following conditions:
A. That Rich Valley sign a written consent to these conditions
binding itself and its successors or assigns to the conditions
of said permit.
B. That the permit is only granted for the area within Phase I,
according to the Staging Schedule �which is attached hereto
as Exhibit "C", and-�only for those properties: under the owner-
ship/control of Rich Va11ey.
�
C. That the term of the permit shall extend until August 1, 1980
unless revoked prior to that for failure to comply with the
requirements listed in this resolution. Thereafter, the
" permit will be automatically renewed for an additional period
of eighteen (18) months if Rich Valley has complied with the
�provisions of paragraph I. Thereafter, any application for
renewal of a permit granted pursuant to this resolution shall
be made at least sixty (60) days prior to the expiration date
of said permit.
D. That all required permits from the State of Minnesota, County
of Dakota and City of Rosemount, or any of their agencies, be
obtained and submitted to the City prior to the issuance of
the permit. That failure by Rich Valley to comply with the
terms and conditions of any of the permits required under this
subparagraph shall be grounds for the City to terminate said
mining permit.
Resolution 1979-52
Continued
E. That the buffer areas be constructed as detailed on Exhibit "D", a
copy of which is attached hereto, and as outlined on Exhibit "C".
All buffering shall be completed according to the time schedule
. shown on Exhinit "D" with final plans (including grading and
planting) to be approved by the City. The Rich Valley group shall
be responsible for the buffer area and plantings on its property
as indicated on the plans and Exhibit "D" including those areas
both south and north of 125th Street.
F. That the Grading and Reclamation Plan attached hereto as Exhibit
"E" be completed as mining operations allow and shall be inspected
and approved by. the City. Rich Valley shall be responsible for
all grading and reclamation for properties under their ownership/
control on Exhibit "E".
G. That any ponding areas required for a wash plant or other mining
operations be constructed in accordance with specifications approved
by the City Engineer prior to utilitzation. Construction of any
ponding areas and a wash plant sha11 require City Council approval.
H. That on and after August 2, 1980, a11 gEavel trucks shall exit
the mining area via 125th Street when the same is properly located
and constructed in accordance with paragraph I hereof and travel
north on County State Aid Highway No. 71 and that all gravel
trucks enter the mining area by traveling south on County State
Aid Highway No. 71 to said 125th Street. This restriction may
be waived by the City upon notification and approval by the
City Clerk. Before August 2, 1980 such trucks shall enter and
exit the mining area where the private road now located on the
property of the permit holder and which road intersects with
County State Aid Highway No. 71. -
I. By August 2, 1980, 125th Street from County State Aid Highway
No. 71 to the Chicago, Rock Island Railroad crossing shall be
bituminous surface and be constructed according to plans and
specifications approved by the City Engineer.'
J. That the surface water drainage of the mining area not be altered
because of the mining operations and, in all events, surface water
shall be prevented from draining from the site so as to interfere
with the adjoining land owners.
K. Any costs incurred now or in the future in changing the location
of the Williams Bros. Pipeline .located within the permit area shall
be the sole obligation and expense of Rich Valley.
L. That all costs of processing the permit, including but not limited
to planning fees, engineering fees and 1ega1 fees, be paid by �
Rich Valley prior to the issuance of the permit. That Rich Valley
reimburse the City for the cost of periodic inspections by the
City Engineer or any other City employee for the purpose of
insuring that the conditions of the permit are being satisfied.
That Rich Va11ey agrees to reimburse the City for any other costs
incurred as a result of the granting or enforcing of the permit.
Resolution 1979-52
Continued
M. That the daily hours of operation for the mining area shall be
limited to 7:00 a.m. to 8:00 p.m. daily, subject, however, to
being changed by the City Council.
N. That Rich Valley deposit with the City Clerk a surety bond in the
- amount of �aenty-five Thousand and no/100 ($25,000.00) Dollars in
favor of the City. The required surety bond must be:
(1) With good and sufficient surety by a surety company authorized
to do business in the State of Minnesota with the right of
the surety company to cancel the same upon thirty (30) days
written notice to the permit holder and the City.
(2) Satisfactory to the City Attorney in form and substance.
(3) Conditioned that Rich Va11ey will faithfully comply with all
the terms, conditions and requirements of the permit; all
rules, regulations and requirements pursuant to the permit
and as required by the City and all reasonable requirements
of the Engineer or other City Officials.
(4) Conditioned that Rich Valley will secure and hold the City
and its officers harmless against any and all cZaims,
judgements, or other costs arising from the mining permit
or for which the City, the Council or any City officer may
be made liable by reason of any accident or injury to
persons or property through the fault of Rich Valley.
Upon thirty (30) days notice to the permit holder and the surety
� company, the City may reduce or increase the amount of the bond
- during the term of this permit in order to insure that the City
is adequately protected. ,
0. That Rich Valley furnishes a certificate of comprehensive general
liability insurance issued by insurers duly licensed within the
State of Minnesota in an amount of at least Five Hundred Thousand
and no/100 ($500,000.00) Dollars for injury or death of any one
person in any one occurrence, bodily injury liability in an amount
of at least One Million and no/100 ($1,000,000.00) Dollars damage
liability in an amount of at least Two Hundred Fifty Thousand and
no/100 ($250,000.00) Dollars arising out of any one occurrence.
The policy of insurance shall name the City as co-insured.
P. A permit shall not be granted unless the conditions set forth
herein are completed on or before March 1, 1980.
Q. A list of the Board of Directors and officers of Rich Valley
Development Company sha11 be submitted prior to issuance of permit.
On an annual basis such list shall be updated by Rich Valley and
provided to the City Clerk.
R. That Rich Valley comply with such other requirements of the City
Council as it shall from time to time deem proper and necessary for
the protection of the citizens and general welfare of the community.
Resolution 1979-52
Continued
S. Rich Valley shall maintain, including but not �iimited to snow
plowing, and keep in good repair 125th Street during such times
� as it is being used in conjunction with the mining operations.
' - BE IT FURTHER RESOLVED, that this Resolution repeals Resolution 1978-24,
and all amendments to said Resolution 1978-24.
Adopted this 4th day of December, 1979.
p�.�C���l.J,�;/T,��^n.��
Leland S. Knutson, Mayor
ATTEST:
Don F. Darling, Clerk
�
y
� LECAL UiiSCRit`T1UN
That part of the South One-hili of [l�c• yurthc�st Quar[er (S1/2 of
NElJ4) of Sec[ion 14, 1'uWnst�i{� 115� Itin�c l9. lyln}� Westerly of the
Rock Island R111ro�d riRht-of-way� �l�•�rrlbrJ ns [ollows: $eginnin�
at the inier:�ection ot [he Suuth lin�• ��f tl�� Sc,ucl� One-half of [he
Northeas[ Quartcr (S1/2 of NF:1J4) o!' ti,•rtiun 14, Towntihip 115� Ran6e
19. vith tt�c Westcrly linc of tl�c t:��rk Itil;i��c1 Kailr�ad right-of-vay; '
thence North 8 dcgrces 3G minut re '�6 F��crci�f:; l:a�+[. along the iJeeterly
line of the Itock Island t�:�ilru;��! ri�l�t-u(-way, a distnnce of 670.00
feet; thence West, nlong a lin. ��irall�•1 to thc South lina of said
South One-half ot thc harthrayt ��u.�rt.•r (��1/2 of NE1/4) n dletance
of 707.00 fee[; ti�ence Souch. sl�n�; :i 1 i��� Perpendicullr to the South
line of the Soutl� Onc-lialC of tlie Nri�tl�c:�st (j��nrter (S1/2 of NEI/4), '
to aaid South line; tl�enc�� E:as[. alont; tl�� Soutl� line of the Sou[li
One-half of tltic yorll�els[ Q��art er (SI/2 ��f NF1/4) � to tl�e point of
beginning. '
Sub�ec[ to ea�eme�its, res��rvnti��ns nn�t rr�:triccfon� of record,
including. bu[ not limited [o� � ro.i�1 c�:►ticmc�t.
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14, Township 115, Range 19, Daku[a C��unty, riinnesota, lying
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