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HomeMy WebLinkAbout5. Shannon Oaks Rezoning HearingAFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) SS County of Dakota ) NANCY J. GUSTAFSON, being duly sworn, on oath says that she is an authorized agent and employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowledge of the facts which are stated below: PUBLIC NOTICE PUBuc HFARiNO (A) The newspaper hos complied with all of the requirements constituting qualification as a legal , .To WHOM IT MRx troN( 4 ' NOTICE IS fiCi BY of VkN, tine city newspaper, as provided by Minnesota Statute 331 A.02,331 A.07 and other applicable lows, as amended. Council of the City. of Rosemount will hold a Public. Hearing on Tuesday, August 16, 1988, in the Council Chambers of the city Hall, 2875` f� 145th Street West, beginning at 6:oo p.m. or (B) The printed as soon thereafter as possible. The pun e of this gearing is to consider a rezoning from Agriculture to Hural Residentiai of the pro Posed Shannon Oaks subdivision, on the property legally described as follows: The east half of the Southeast Quarter ex- cept the north 990 feet of the cast 462 feet' and except the north $21:,8 feet of the west 208,7 feet and except the north 43o feet lying west of the east 462 feet and east of the west 281.7 feet subject to highway which is attached was cut from the columns of said newspaper, and was printed and published once easement; Section 18, Township its, Range 19. Such persons as desire to be heard with re- ference e ference to this item will be heard at this each week, for 1 cG successive weeks; it was meeting., Dated is 2nd day of August, 19a, STEYHAN J ILK, Administrator/Clerk City � Rosemount first published on Thursday, the _7 day of Dakota County, Minnesota 1M 23-24 PV 19 03 and was thereafter printed and published an every Thursday to and including Thursday, the t�L day of � 1� -> � '1900 and printed below is a copy of the lower case bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and pubiication of the notice: a bcdefghijkimnopgrstuvwxy7. .t TITLE: Secreta4 4 044PblisH Subscribed and sworn to before m7 this1 k day of C• f9 C" Notary Public CAROL J. HAVEJALAND }i ; NoTAfty PUBLIC - M WIFSOiA K( DA[A COUNTY ti• bfv t;arnm. Exp. f)vt 7. t96t) 7th!�,�f�.+°+R*tn9Cr,�t��•�ans.�t.,:xa4+4r'!4.t1 . , (�ii;i6.leita,il rh+�n i TO: CITY COUNCIL FROM: MICHAEL WOZNIAK, CITY PLANNER DATE: AUGUST 12, 1988 SUBJ: AUGUST 16, 1988 - REGULAR MEETING REVIEWS - ITEMS 5a & 6a Items 5a & 6a SHANNON OAKS REZONING/FINAL PLAT Mr. John Houston, President of The Great Stock Corporation, has requested rezoning of the proposed Shannon Oaks subdivision from Agriculture to Rural Residential and also has requested approval of the final plat. Shannon Oaks is a twelve lot subdivision located south of County Road 38 and includes the northern 1/4 mile of Shannon Parkway. Lot sizes in the subdivision range from 4.2 to 7 acres with an average density of one home per five acres which meets the requirements of the Rural Residential District. The 60 acre site is currently designated Rural Residential in the Comprehensive Guide Plan and therefore no change was needed for this project. It has been determined by Community Development Staff that the proposed subdivision meets all zoning and subdivision ordinance requirements for the Rural Residence District. Included with this review are copies of Zoning Ordinance Amendment, Final Plat Resolution, Final Plat, and Development Contract. The copy of the Development Contract which is included in the packet is a draft which will be reviewed by the City Attorney prior to Tuesday night - the Council will be informed of any changes recommended by the City Attorney. As the Council is aware the development will include the north 1/4 mile of Shannon Parkway which is to be designated as a State -aid street which requires it to be designed and constructed by the City. Plans and Specifications have been prepared and the bid opening is scheduled for August 19th. - The Planning Commission has reviewed the Shannon Oaks final plat and recommends rezoning to Rural Residential and approval of the final plat subject to an executed Development Contract. i I i i _ City of Rosemount Resolution 1988- i A Resolution Approving i The Shannon Oaks Final Plat WHEREAS, the City of Rosemount has approved the Shannon Oaks preliminary plat; and WHEREAS, the Planning Commission of the City of Rosemount has reviewed and forwarded its recommendation on the Shannon Oaks final plat. i NOW THEREFORE BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Shannon Oaks final plat, subject to an executed Subdivision Development Agreement and rezoning. 'i Adopted this 16th day of August, 1988, f I I Rollan tioke, Mayor ATTEST: i Stephan Jilk, Administrator/Clerk i j i i i i i i' i I City of Rosemount �-- Ordinance No. XV11.85 An Ordinance Amending Ordinance No. XVII.3 Zoning Ordinance The City Council of the City of Rosemount, Minnesota ordains as follows: SECTION I. Ordinance No. XVII.3, adopted October 19, 1972, entitled, "ZONING ORDINANCE, VILLAGE OF ROSEMOUNT, DAKOTA COUNTY, MINNESOTA," is hereby amended to rezone from Agriculture District to Rural Residential District the following described property located within the City of Rosemount, Minnesota, to -wit; Shannon Oaks SECTION II. The Zoning Map of the City of Rosemount referred to and described in said Ordinance No. XVII.3 as that certain map entitled, "ZONING MAP, VILLAGE OF ROSEMOUNT, MINNESOTA," shall not be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance and all of the notation references and other information shown thereon are hereby incorporated by reference and made a part of this Ordinance. SECTION III. This Ordinance shall be in full force and effect from and after its publication according to taw. I Enacted and ordained into an Ordinance this 16th clay of August, 1988. i f Rollan Hoke, Mayor ATTEST: I i I Stephan Jilk, Administrator/Clerk I I i A FT 0 DEVELOPMENT CONTRACT (City Installed Improvements) AGREEMENT dated 1988, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("City"), and Till: GREAT STOCK CORPORATION, a Minnesota corporation, (the "Developer") 1. Request for Plat Approval. The Developer has asked the City to approve a plat for SHANNON OAKS, (referred to in this Contract as the "plat"). The land is legally descfibed on the attached Exhibit "A". 2. Condition of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract and furnish the security required by it. 3. Effect or Subdivision Approval. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 0 4. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A --Plat Plan B --Soil Erosion Control Plan and Schedule Plan C --Engineering Feasibility Report Pian D --Plans and Specifications for Public Improvements Plan E --Grading Plan Plan F --House Pad Elevations Plan G --Street Lights- 5. Installation of Public Improvements. The City shall design and construct the following public improvements within the plats A. Storm Sewer B. Streets, curb and gutter C. Street lights D. Bituminous trail Temporary cul-de-sacs shall be installed at all locations where streets temporarily dead end, whether due to phasing within the development or where future extensions are proposed outside of the development. 6. Private Improvements. The Developer shall install in accordance with City ordinances and standards and pay for the following: A. Site Grading B. Surveying and Staking C. Setting of Lot and Block Monuments D. Gas, Electric, Phone Utilities, and Cable Television, if cable television is available to the plat. 2 7. license. The 1)cvcloper hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements to be installed pursuant to this Development Coniraci have been installed and accepted by the City. 8. Clean up. The Developer shall promptly clean dirt and debris from streets that has resulted from construction work by the Developer, its agents or assigns. 9. Ownership of Improvements. Upon completion of the work and , construction required by this Contract, the improvements lying within public easements shall become City property without further notice or action. 10. Assessment of Costs. The City shall assess the cost of the public improvements referred to in Paragraph 5 above together with administrative, planning, engineering, capitalized interest, legal and bonding costs against the plat. The assessments shall be deemed adopted on the date this Contract is signed by the City. The assessments shall be paid over a 5 year period without deferment, together with interest at a rate set by the City. Before the City issues a Certificate of Occupancy for a structure built on a lot, all of the aforementioned assessments against the lot must be paid in full. The Developer waives anv :►nd all procedural and substantive objections to the installation of the public improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 4219.081. 11. Security. The Developer shall furnish the City with an irrevocable letter of credit for $90,600.00. The amount was calculated as follows: 60% of Estimated principal amount of special assessment for public improvements. $90,€00,00 3 r The bank and form of the letter of credit shall be subject to the approval of the City Administrator. The letter of credit shall be for a term ending December 31, 1991. In the alternative, the letter of credit may be for a one year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates with a final expiration date of December 31, 1991, unless sixty (60) prior to an expiration date the bank notifies the City that it elects not to renew for an additional period. The letter of credit shall secure compliance with the terms of this Contract, payment of special assessments, and all financial obligations of the Developer under it. The City may draw down on the letter of credit, without notice, for any violation of the terms of this Contract or upon receiving notice that the letter of credit will be allowed to lapse before December 31, 1991. If any installment of special assessments is not paid on any lot when due, and in any event before any penalty is attached, the City may draw down the letter of credit to pay of f the balance, whether due or not, on all special assessments in the plat. With City approval the letter of credit may be reduced from time to time as special assessments and other financial obligations are paid. 12. Warranty. The Developer warrants all work required to he performed by it against poor material and faulty workmanship for a period of one (1) year after its completion and acceptance by the City. All trees, grass, and sod, shall be warranted' to alive, of good quality and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other security acceptable to the City to secure the warranties. 4 13. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting form plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorney's fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8%. per year. 5 F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to building permit fees. 14. Landscaping and Trees. A. The Developer shall not damage or remove any trees except as indicated on the grading plans to be approved by the City and submitted with the plat. Trees shall be protected from destruction by snow fences, flagging, staking, or other similar means during grading and construction. B. The Developer shall plant one boulevard tree per one hundred (100) lineal feet of frontage on each side of the proposed Shannon Parkway. (1) Trees shall be two inch caliper shade trees with toots balled and burlapped or bare roots in season, and shall be planted in the boulevard in accordance with plans to be approved by the City. (2) All trees, plantings, sod, grass, and the like required by any provisions of this Agreement shall be guaranteed by the Developer to be alive, healthy, and disease free for one year. 15. Utility, Pond, and Drainage Easements. The Developer shall dedicate to the City at the time of final plat approval utility, drainage, and ponding easements located within or outside the plat, including access, as required to serve the development. 16. Park Dedication. Based upon the maximum number of housing units permitted in the plat, the total park dedication for the development is 0.48 acres. To meet this dedication requirement the Developer shall make a cash contribution of $3,840.00 to the City before the City signs the plat. 17. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Contract is a license for the city to act, and it shall not be necessary for 6 the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 18. Miscellaneous. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat floes not comply, the City may, at its option refuse to allow construction or development work in the plat until the Developer does _ comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. If building permits are issued pricer to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface. 7 0 • F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. G. The Developer represents to the City to the best of its knowledge that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. if the City or another governmental entity or agency determines that such a review is needed, however, the Developer shall prepare it in compliance with legal requirements so issued from the agency. The Developer shall reimburse the City for all expenses, including staff time and attorney's fees, that the City incurs in assisting in the preparation of the review. H. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request the City will execute and deliver to the Developer a release. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 19. Notices. Required notices to the Developer shall be in. writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: 13009 Diamond Fath West, Apple Valley, Minnesota 55124. Notices to the City shall 8 be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: Rosemount City Hall, 2875 145th Street West, Rosemount, Minnesota 55068, Attention: City Administrator/Clerk. 9 44.k�; ym (Pily (31 i R)P;f P4r11!r,! r r t1!'I 1, AFFIDAVIT OF MAILED AND POSTED NEARING NOTICE FOR SHANNON OAKS REZONING STATE OF MINNESOTA ) COUNTY OF DAKOTA )ss CITY OF ROSEMOUNT ) Stephan Jilk, being first Aly sworn, deposes and says: I am a United States citizen ,and the duly qualified Clerk of the City of Rosemount, Minnesota. On August 4, 1988 acting on behalf of the said City, I }posted at the City Hall, 2875 145th Street West, and deposited in the United States Post Office, Rosemount, Minnesota, a copy of the attached notice of a public hearing for Shannon Oaks rezoning from Agriculture to Rural Residential, enclosed in sealed envelopes, with postage thereon fully prepaid, addressed to the persons listed on the attached listings at the addresses listed with their names. There is delivery service by United States Mail between the place of mailing and the places so addressed. sC Ly.'/e" Stephp4 Jilk Administrator/Cler City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this 4th day of August, 1988. Not ry Public`' it `'wtw JITZ 11,111,12 11Z L m�64a1+V4ntMMVV`+IINVVJWY'w1/I\+^e'OM/fYd"a ' dy f� Public Notice TO WHOM IT MAY CONCERN: NOTICE IS iIEREBY GIVEN, the City Council of the City of Rosemount wirli hold a Public Hearing on Tuesday, August .16,1988, in the Council Chambers of the City Nall, 2875 145th Street West, beginning at 8:00 p.m. or as soon thereafter as possible. The purpose of this hearing is to consider a rezoning from Agriculture to Rural Residential of the proposed Shannon Oaks subdivision, on the property legally described as follows: The east half of the Southeast Quarter except the north 990 feet of the east 462 feet and except the north 521.8 feet of the west 208.7 feet and except the north 430 feet Tying west of the east 462 feet and east of the west 288.7 feet subject to highway easement, Section 18, Township 115, Range 19. Such persons as desire to be heard with reference to this item will be heard at this meeting. Dated this 2nd day of August, 1988 /7 tx cphan .tilk; Adminislralor/C'ler C' City of Rosemount Dakola County, Minnesota S NON OAKS PRELIMINARY PLAN 'TAILING LIST SECTION 18, RANGE 19 1. Reinold & Gertrude Sieg 34-01810-010-19 25128 Biscayne Avenue Farmington, MN 55024 2. The Great Stock Corporation 34-03.810-013-75 1.3009 Diamond Path West Apple Valley, MN 55124 3. Randy E. & Bonnie Schwartzhof f 34-01810-014-75 3650 125th Street West Rosemount, MN 55068 4. Marvin F. & Rita Karnick 34-01810-010-80 3562 125th Street West Rosemount, MN 55068 5. Sidney & Kathy Fletcher 34-01810-010-81 3610 125th Street West Rosemount, MN 55068 6. James D. Bongers 34-01810-011-82 3796 125th Street West 34-01810-010-83 Rosemount, MN 55068 34-90120-044-00 34-90120-045-00 7. Charles H. & Kathleen Strese 34-01.810-.012-82 3794 125th Street West Rosemount, MN 55068 8. Dennis J. & Marie A. Clancy 34-01810-010-85 3850 125th Street West 34-90120-043-00 Rosemount, MN 55068 SECTION 17, RANGE 19 9. William C. & Betty J. Norris 34-01.710-017-60 12760 Chinchilla Avenue Rosemount, MN 55068 10. FAM TST LAHNER 34-01710-019-60 5307 Vincent Avenue South Minneapolis, MN 55410 SECTION 19, RANGE 19 11. James E. Trste Kelly 34-01910-011-01 425 Hamm Building St. Paul, MN 55102 MICKELSON'S &OND ADDITION • 12. Charles C. & M.G. Parrish Lot 12, Block i 12525 Danbury Way Rosemount, MN 55068 13. Terry D. & Bette A. Noble Lot 1.3, Block 1 4297 138th Court West Pt of Lot 14, Block 1 Rosemount, MN 55068 14. Donald C. & Bernice Gruntner Pt of Lot 14, Block 1 12517 Danbury Way Rosemount, MN 55068 15. Charles J. & Mary L. Ullery 'Lot 15, Block 1 12513 Danbury Way Rosemount, MN 55068 16. John &Cheryl K. Rutoski Lot 16, Block 1 12509 Danbury Way Rosemount, MN 55068 ROSEMOUNT HILLS 2ND ADDITION 17. Theodore A. & Joan Wood Lot 2, Block 1 12599 Chinchilla Avenue Rosemount, MN 5506$ 18. Kenneth G. & Faye Marcotte Lot 3, Block 1 12651 Chinchilla Avenue' Rosemount, MN 55068 19. Jeffrey J. & Lori Wilfahrt Lot 4, Block i 12707 Chinchilla Avenue Rosemount, MN 55068 20. Doris J. Lahner Lot 5, Block 1 12765 Chinchilla Avenue Rosemount, MN 55068 ROSEMOUNT HILLS THIRD ADDITION 21. Gene & Teresa Stimson Lot 1, Block 1 3475 131st Street West Rosemount, MN 55068 22. James K. & Susan Klang Lot 3, Block 1 13087 Charlston Way Rosemount, MN 55068 23. John G. & Beverly J. Hauge Lot 4, Block 1 2083 Opal Drive Eagan, MN 55122 Reinold & Gertrude Sieg Wharles C. & M.G. Parrish Is John G. & Beverly J. llauge 25128 Biscayne Avenue 12525 Danbury Way 2083 Opal Drive Farmington, MN 55024 Rosemount, MN 55068 Eagan, MN 55122 The Great Stock Corporation Terry D. & Bette A. Noble Karen Coffee 13009 Diamond Path West. 4297 138th Court West 3839 125th Street West Apple Valley, MN 55124 ; Rosemount, MN 55068 Rosemount, MN 55068 Randy E. & Bonnie Schwartzhoff Donald C. &. Bernice Gruntner 3650 125th Street West 12517 Danbury Way Rosemount, MN 55068 Rosemount, MN 55068 Marvin F. & Rita Karnick Charles J. & Mary L. Ullery 3562 125th Street West 12513 Danbury Way Rosemount, MN 55068 Rosemount, MN 55068 Sidney & Kathy Fletcher John& Cheryl K. Rutoski 3610 125th Street West 12509 Danbury Way Rosemount, MN 55068 Rosemount, MN 55068 James D. Bongers Theodore A. & Joan Wood 3796 125th Street West 1.2599 Chinchilla Avenue Rosemount, MN 55068 Rosemount, MN 55068 Charles H. & Kathleen Strese Kenneth G. & Faye Marcotte 3794 125th Street West 12651 Chinchilla Avenue Rosemount, MN 55068 Rosemount, MN 55068 Dennis J. &. Marie A. Clancy Jeffrey J. & Lori Wilfahrt 3850 125th Street West 1.2707 Chinchilla Avenue Rosemount, MN 55068 Rosemount, MN 5506$ William C. & Betty J. Norris Doris J. Lahner 12760 Chinchilla Avenue 12765 Chinchilla Avenue Rosemount, MN 55068 Rosemount, MN 55068 FAM TST LAHNER Gene & Teresa Stimson 5307 Vincent Avenue South 3475 131st Street West Minneapolis, MN 55410 Rosemount, MN 55065 1 James E. Kelly, TRST James K. & Susan Kiang 425 Hamm Building 13087 Charlston Way St. Paul, MN 55102 Rosemount, MN 55068 EXHIBIT "A.. LEGAL DESCRIPTION OF LAND IN ROSEMOUNT OWNED BY THE GREAT STOCK CORPORATION The following described parcel of land in the County of ` Dakota, State of Minnesota, to-wit: The East Half of the Southeast Quarter of Section 18, Township 115, Range 19; except a) The North 60 rods (990.00 feet) of the East 28 rods (462.00 feet), as measured parallel with the North and East lines of said East on Half of said Southeast Quarter; and b) The North 521.80 feet of the West 208.70 .feet thereof, as measured parallel with the North and East lines of said East on Half of said Southeast Quarter; and c) The North 40.00 feet, except the West 288.70 feet and the East 462.00 feet thereof, as measured parallel with the North and East lines of said East on Half of said Southeast Quarter, according to the Government Survey thereof. i