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HomeMy WebLinkAbout6.m. Bonaire Path East, City Project 2018-03 Authorize Easement AcquisitionI:\City Clerk\Agenda Items\Approved Items\6.m. Bonaire Path East, City Project 2018-03 Authorize Easement Acquisition.docx EXECUTIVE SUMMARY City Council Meeting: February 5, 2019 AGENDA ITEM: Bonaire Path East, City Project 2018-03: Authorize Easement Acquisition AGENDA SECTION: Consent PREPARED BY: Brian Erickson, PE, Director of Public Works/City Engineer Stephanie Smith, PE, Assistant City Engineer AGENDA NO. 6.m. ATTACHMENTS: Resolution, Resolution Exhibit A APPROVED BY: LJM RECOMMENDED ACTION: Approve Resolution Authorizing Approval of Appraised Values, Offers of Compensation and Acquisition by Eminent Domain for Bonaire Path East, City Project 2018-03 BACKGROUND City Project 2018-03 is proposed to convert Bonaire Path East from the existing rural gravel section to a paved section. The project will also include utility work and improvements at the existing railroad crossing on Bonaire Path East to facilitate extending the City’s Quiet Zone. On February 20, 2018 the Council approved a contract with Bolton & Menk for engineering services including the preparation of a Feasibility Report. The report found this project to be feasible, cost effective, and necessary. On December 18, 2018, the Rosemount City Council approved a proposal for right-of-way (ROW) services by Bolton & Menk’s sub consultant, Henning Professional Services. RIGHT-OF-WAY & EASEMENTS The ROW for Bonaire Path East is largely prescriptive, with a portion of the south side platted with the Greystone development. With this improvement project, additional ROW will be acquired to accommodate the wider road section and stormwater facilities. As of this time, it is staff’s understanding that all properties are open to negotiation and voluntary acquisition. The next step in the ROW acquisition process is for Council to direct staff and the City’s consultant, Henning Professional Services, to acquire the property. Council’s authorization will enable the City’s consultant to make offers consistent with independent appraisals and attempt to negotiate the acquisition for the ROW and easements. The resolution will also authorize the City’s Attorney to move forward with eminent domain proceedings for required ROW not acquired by voluntary negotiation. 2 COSTS & FUNDING The Feasibility Report estimated the ROW acquisition at $175,000. The total project cost estimate is tabulated below: This project is scheduled in the 2018-2027 CIP. It is proposed to be funded by a combination of MN State Bonding funds, MN State-Aid funds, utility core funds, and special assessments of benefitting properties. A preliminary assessment roll is included in the Feasibility Report. RECOMMENDATION Staff recommends the City Council approve the resolution authorizing approval of appraised values, offers of compensation and acquisition by eminent domain for easement and ROW for Bonaire Path East, City Project 2018-03. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2019 - 07 A RESOLUTION AUTHORIZING APPROVAL OF APPRAISED VALUES, OFFERS OF COMPENSATION, AND ACQUISITION BY EMINENT DOMAIN FOR BONAIRE PATH EAST PROJECT, CITY PROJECT 2018-03 WHEREAS, the City Council deemed it necessary and expedient that the City of Rosemount, Minnesota (the “City”) construct certain improvements of the Bonaire Path East Project, City Project 2018-03, (the “Project”) and by resolution, the City Council accepted the feasibility report, ordered improvements and has authorized preparation of plans and specifications for the Project; and WHEREAS, the Project includes upgrading and expanding the right-of-way associated with Bonaire Path East in order to provide for better infrastructure as related to all methods of transportation; and WHEREAS, it is necessary to acquire certain real property interests, as described and depicted in Exhibit A attached hereto, in order to install and maintain the Project (collectively, the “Real Property Interests”); and WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient, and in the interest of the general welfare that the City acquire title to and possession of the Real Property Interests in furtherance of the Project; and WHEREAS, the City Council finds that the construction schedule for the Project makes it necessary to acquire title to and possession of the Real Property Interests prior to the filing of the final report of the condemnation commissioners to be appointed by the district court; and WHEREAS, the City has engaged independent real estate appraisers to provide the City with the appraisers’ opinions of damages caused by the City’s acquisition of the Real Property Interests needed for the Project. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROSEMOUNT MINNESOTA: 1. That the acquisition of the Real Property Interests is necessary and for a public purpose in furtherance of the Project; 2. That the proper City officers and agents are authorized and directed to acquire the Real Property Interests needed for the Project by voluntary negotiation and, if necessary, through the exercise of the power of eminent domain; 3. That the proper City officers and agents are authorized and directed to make offers of compensation to the respective landowners for the Real Property Interests needed for the Project consistent with Resolution 2019 - 07 2 the independent appraisals, and to attempt to negotiate the voluntary acquisition of the Real Property Interests; 4. That the law firm of Kennedy & Graven, Chartered, is authorized and directed to take all steps necessary on behalf of the City to acquire through eminent domain the Real Property Interests that are not acquired by voluntary negotiation, including filing an action in eminent domain and using the quick take procedure under Minn. Stat. § 117.042; 5. That the City Engineer is authorized to approve the appraised values for the Real Property Interests if the City Engineer determines that the independent appraisals adequately reflect the fair market values thereof for the purposes of Minn. Stat. § 117.042. ADOPTED this 5th day of February, 2019. William H. Droste, Mayor ATTEST: Erin Fasbender, City Clerk Resolution 2019 - 07 3 EXHIBIT A LEGAL DESCRIPTIONS AND SKETCHES OF THE PROPERTY INTERESTS TO BE ACQUIRED (attached on the following pages) 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 (952) 890-0509 H:\ROSEMNT_CI_MN\T18115935\CAD\C3D\Easements\115935_V_EASE-1_Flint Hill Resources Pine Bend LLC.dwg 12/18/2018 12:43 PM ©Bolton & Menk, Inc. 2018, All Rights Reserved H:\ROSEMNT_CI_MN\T18115935\CAD\FILE NO. 5318 _______________________________ Eric R. Wilfahrt License Number 46166 SURVEYOR'S CERTIFICATION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. __________ Date 12/18/2018 JOB NUMBER:FIELD BOOK:DRAWN BY: FOR: R S22-T115-R19-14T.18.115935 ARK PART OF: SE 1/4 OF NE 1/4 SEC. 22, TWP. 115, RGE. 19 DAKOTA COUNTY, MN CITY OF ROSEMOUNT EASEMENT EXHIBIT ROSEMOUNT, MN 55068 SHEET 1 OF 3 SHEETS PROPOSED EASEMENT DESCRIPTIONS A perpetual easement for roadway, drainage and utility purposes over, under and across that part of the herein described Parcel A, lying southerly of a line 33.00 feet northerly of and parallel with the herein described Line 1. AND Together with a perpetual easement for roadway, drainage and utility purposes over, under and across the south 120.00 feet of the most westerly 127.00 feet, as measured at right angles, of the herein described Parcel A. EXCEPT that part thereof lying within the above described perpetual easement. AND Together with a perpetual easement for roadway, drainage and utility purposes over, under and across that part of the herein described Parcel A, lying southeasterly of the southeasterly right-of-way line of the Union Pacific Railroad, and lying southerly of a line 40.00 feet northerly of and parallel with the herein described Line 2. EXCEPT that part thereof lying within the first above described perpetual easement. AND Together with a temporary easement for construction purposes over, under and across the north 30.00 feet of the south 150.00 feet of the most westerly 127.00 feet, as measured at right angles, of the herein described Parcel A. AND Together with a temporary easement for construction purposes over, under and across that part of the herein described Parcel A, lying between a line 40.00 feet and 50.00 feet northerly of and parallel with a line described as follows: Commencing at the northwest corner of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota; thence on an assumed bearing of South 00 degrees 05 minutes 05 seconds West along the west line of said Southeast Quarter, a distance of 40.32 feet; thence North 89 degrees 12 minutes 49 seconds East, a distance of 797.39 feet; thence easterly a distance of 530.71 feet along a tangential curve, concave to the south, having a radius of 11459.00 feet and a central angle of 02 degrees 39 minutes 13 seconds; thence easterly a distance of 502.71 feet along a reverse curve, concave to the north, having a radius of 11500.00 feet and a central angle of 02 degrees 30 minutes 17 seconds; thence North 89 degrees 21 minutes 45 seconds East, a distance of 761.29 feet to the point of beginning of line to be described; thence continue North 89 degrees 21 minutes 45 seconds East, a distance of 138.71 feet, and said line there terminating. Said temporary easements shall expire on ____________________. Parcel A: (Part of Warranty Deed Doc. No. 2828711) The East Half of the Northeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota; EXCEPT the North 2 rods thereof; and also except the South 396.0 feet of the East 280.0 feet of the West 407.0 feet of said East Half of the Northeast Quarter, and also except the railroad right-of-way. Line 1: Commencing at the northwest corner of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota; thence on an assumed bearing of South 00 degrees 05 minutes 05 seconds West along the west line of said Southeast Quarter, a distance of 40.32 feet to the point of beginning of Line 1 to be described; thence North 89 degrees 42 minutes 33 seconds East, a distance of 2651.48 feet to a point in the east line of said Southeast Quarter, distant 5.93 feet southerly of the northeast corner of said Southeast Quarter, and said Line 1 there terminating. Line 2: Commencing at the northwest corner of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota; thence on an assumed bearing of South 00 degrees 05 minutes 05 seconds West along the west line of said Southeast Quarter, a distance of 40.32 feet; thence North 89 degrees 12 minutes 49 seconds East, a distance of 797.39 feet; thence easterly a distance of 530.71 feet along a tangential curve, concave to the south, having a radius of 11459.00 feet and a central angle of 02 degrees 39 minutes 13 seconds; thence easterly a distance of 502.71 feet along a reverse curve, concave to the north, having a radius of 11500.00 feet and a central angle of 02 degrees 30 minutes 17 seconds, to the point of beginning of Line 2 to be described; thence North 89 degrees 21 minutes 45 seconds East, a distance of 900.00 feet,and said Line 2 there terminating. BONAIRE PATH E.WEST LINE OF E 1/2 OF NE 1/4SEC. 22, TWP. 115, RGE. 19120N 89°12'49" E 797.39 L =53 0 .71 R =11 4 5 9.0 0 Δ =2°3 9'13"NW COR. OF SE 1/4 SEC. 22, TWP. 115, RGE. 19 PARCEL AS 00°05'05" W 40.32 POINT OF BEGINNING OF LINE 1 N 89°42'33" E 2651.48CO. RD. NO. 73(AKRON AVE.)LINE 1 LINE 2 127 WEST LINE OF SE 1/4SEC. 22, TWP. 115, RGE. 1912224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 (952) 890-0509 H:\ROSEMNT_CI_MN\T18115935\CAD\C3D\Easements\115935_V_EASE-1_Flint Hill Resources Pine Bend LLC.dwg 12/18/2018 1:17 PM ©Bolton & Menk, Inc. 2018, All Rights Reserved H:\ROSEMNT_CI_MN\T18115935\CAD\FILE NO. 5318JOB NUMBER:FIELD BOOK:DRAWN BY: FOR: R S22-T115-R19-14T.18.115935 ARK PART OF: E 1/2 OF NE 1/4 SEC. 22, TWP. 115, RGE. 19 DAKOTA COUNTY, MN CITY OF ROSEMOUNT EASEMENT EXHIBIT ROSEMOUNT, MN 55068 PROPOSED PERPETUAL ROADWAY, DRAINAGE & UTILITY EASEMENT (AREA: 14,490 SQ. FT.) PROPOSED TEMPORARY CONSTRUCTION EASEMENT (AREA: 4,412 SQ. FT.) EXISTING PRESCRIPTIVE ROADWAY EASEMENT (AREA: 10,408 SQ. FT.) SHEET 2 OF 3 SHEETS SEE SHEET 3 OF 3 SHEETSR SCALE IN FEET 0 100 FLINT HILLS RESOURCES PINE BEND, LLC PID: 34-02200-02-011 UNION P A CI FI C R AI L R O A D SOUTH LINE OF E 1/2 OF NE 1/4 SEC. 22, TWP. 115, RGE. 19WEST LINE OF E 1/2 OF NE 1/4SEC. 22, TWP. 115, RGE. 19EAST LINE OF SE 1/4SEC. 22, TWP. 115, RGE. 19SE'LY RI G H T- O F - W A Y O F UNION P A CI FI C R AI L R O A D WEST LINE OF THE EAST 280 FT. OFTHE WEST 407 FT. OF E 1/2 OF NE1/4 OF SEC. 22, TWP. 115, RGE. 1912030L =5 02.71 R =115 0 0.0 0 Δ =2 °3 0 '1 7" N 89°21'45" E 900.00 BONAIRE PATH E. PARCEL A 10PARCEL AN 89°42'33" E 2651.48 S 00°10'12" W 5.93LINE 1 LINE 2 ANDERSON DR.NE COR. OF SE 1/4 SEC. 22, TWP. 115, RGE. 19333333PARCE L A POINT OF BEGINNING OF LINE 2 NW'LY RI G H T - O F - W A Y O F UNION P A CI FI C R AI L R O A D EXCEP TI O N EXCEPTION127 40 761.29 138.71 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 (952) 890-0509 H:\ROSEMNT_CI_MN\T18115935\CAD\C3D\Easements\115935_V_EASE-1_Flint Hill Resources Pine Bend LLC.dwg 12/18/2018 12:44 PM ©Bolton & Menk, Inc. 2018, All Rights Reserved H:\ROSEMNT_CI_MN\T18115935\CAD\FILE NO. 5318JOB NUMBER:FIELD BOOK:DRAWN BY: FOR: R S22-T115-R19-14T.18.115935 ARK PART OF: E 1/2 OF NE 1/4 SEC. 22, TWP. 115, RGE. 19 DAKOTA COUNTY, MN CITY OF ROSEMOUNT EASEMENT EXHIBIT ROSEMOUNT, MN 55068 PROPOSED PERPETUAL ROADWAY, DRAINAGE & UTILITY EASEMENT (AREA: 14,490 SQ. FT.) PROPOSED TEMPORARY CONSTRUCTION EASEMENT (AREA: 4,412 SQ. FT.) EXISTING PRESCRIPTIVE ROADWAY EASEMENT (AREA: 10,408 SQ. FT.) R SCALE IN FEET 0 100SEE SHEET 2 OF 3 SHEETSSHEET 3 OF 3 SHEETS _______________________________ Eric R. Wilfahrt License Number 46166 SURVEYOR'S CERTIFICATION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. __________ Date 12/18/2018 PROPOSED EASEMENT DESCRIPTIONS A perpetual easement for roadway, drainage and utility purposes over, under and across that part of the herein described Parcel A, lying southerly of a line 33.00 feet northerly of and parallel with the herein described Line 1. AND Together with a perpetual easement for roadway, drainage and utility purposes over, under and across that part of the herein described Parcel A, lying northerly of a line 33.00 feet northerly of and parallel with the herein described Line 1, and lying southerly of a line 40.00 feet northerly of and parallel with the herein described Line 2. AND Together with a temporary easement for construction purposes over, under and across that part of the herein described Parcel A, lying southerly of a line 50.00 feet northerly of and parallel with the herein described Line 2, EXCEPT those parts lying within the above described perpetual easements. Said temporary easement shall expire on ____________________. Parcel A: (Warranty Deed Doc. No. 1745384) The South 396 feet of the East 280 feet of the West 407 feet of the East Half (E1 2) of the Northeast Quarter (NE 1 4) of Section 22, Township 115, Range 19, according to the Government Survey thereof. (Dakota County, Minnesota) Line 1: Commencing at the northwest corner of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota; thence on an assumed bearing of South 00 degrees 05 minutes 05 seconds West along the west line of said Southeast Quarter, a distance of 40.32 feet to the point of beginning of Line 1 to be described; thence North 89 degrees 42 minutes 33 seconds East, a distance of 2651.48 feet to a point in the east line of said Southeast Quarter, distant 5.93 feet southerly of the northeast corner of said Southeast Quarter, and said Line 1 there terminating. Line 2: Commencing at the northwest corner of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota; thence on an assumed bearing of South 00 degrees 05 minutes 05 seconds West along the west line of said Southeast Quarter, a distance of 40.32 feet; thence North 89 degrees 12 minutes 49 seconds East, a distance of 797.39 feet; thence easterly a distance of 530.71 feet along a tangential curve, concave to the south, having a radius of 11459.00 feet and a central angle of 02 degrees 39 minutes 13 seconds, to the point of beginning of Line 2 to be described; thence easterly a distance of 502.71 feet along a reverse curve, concave to the north, having a radius of 11500.00 feet and a central angle of 02 degrees 30 minutes 17 seconds, and said Line 2 there terminating. JOB NUMBER:FIELD BOOK:DRAWN BY: FOR: R S22-T115-R19-14T18.115935 ARK PART OF: SE 1/4 OF NE 1/4 SEC. 22, TWP. 115, RGE. 19 DAKOTA COUNTY, MINNESOTA CITY OF ROSEMOUNT EASEMENT EXHIBIT 1349 BONAIRE PATH E., ROSEMOUNT, MN 55068 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 (952) 890-0509 H:\ROSEMNT_CI_MN\T18115935\CAD\C3D\Easements\115935_V_EASE-2_Margaret and Ronald Anderson.dwg 12/18/2018 12:45 PM ©Bolton & Menk, Inc. 2018, All Rights Reserved H:\ROSEMNT_CI_MN\T18115935\CAD\FILE NO.5318 SHEET 1 OF 3 SHEETS BONAIRE PATH E. N 89°12'49" E 797.39 L =53 0 .71 R =11 4 5 9.0 0 Δ =2°3 9'13"NW COR. OF SE 1/4 SEC. 22, TWP. 115, RGE. 19 S 00°05'05" W 40.32 POINT OF BEGINNING OF LINE 1 WEST LINE OF SE 1/4SEC. 22, TWP. 115, RGE. 19N 89°42'33" E 2651.48 CO. RD. NO. 73 (AKRON AVE.)LINE 2 LINE 1 POINT OF BEGINNING OF LINE 2 JOB NUMBER:FIELD BOOK:DRAWN BY: FOR: R S22-T115-R19-14T18.115935 ARK PART OF: SE 1/4 OF NE 1/4 SEC. 22, TWP. 115, RGE. 19 DAKOTA COUNTY, MINNESOTA CITY OF ROSEMOUNT EASEMENT EXHIBIT 1349 BONAIRE PATH E., ROSEMOUNT, MN 55068 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 (952) 890-0509 H:\ROSEMNT_CI_MN\T18115935\CAD\C3D\Easements\115935_V_EASE-2_Margaret and Ronald Anderson.dwg 12/18/2018 2:14 PM ©Bolton & Menk, Inc. 2018, All Rights Reserved H:\ROSEMNT_CI_MN\T18115935\CAD\FILE NO.5318 PROPOSED PERPETUAL ROADWAY, DRAINAGE & UTILITY EASEMENT (AREA: 99 SQ. FT.) PROPOSED TEMPORARY CONSTRUCTION EASEMENT (AREA: 2,578 SQ. FT.) EXISTING PRESCRIPTIVE ROADWAY EASEMENT (AREA: 3,736 SQ. FT.) SHEET 2 OF 3 SHEETS SEE SHEET 3 OF 3 SHEETSR SCALE IN FEET 0 100 1349 BONAIRE PATH E. MARGARET L & RONALD D ANDERSON PID: 34-02200-02-012 WEST LINE OF THE EAST 280 FT. OFTHE WEST 407 FT. OF E 1/2 OF NE 1/4OF SEC. 22, TWP. 115, RGE. 19BONAIRE PATH E. SOUTH LINE OF SE 1/4 OF NE 1/4 SEC. 22, TWP. 115, RGE. 19EAST LINE OF THE EAST 280 FT. OFTHE WEST 407 FT. OF E 1/2 OF NE 1/4OF SEC. 22, TWP. 115, RGE. 1940 10 "L =50 2.71 R =11 5 0 0.0 0 Δ =2 °3 0 '17" N 89°42'33" E 2651.48 S 00°10'12" W 5.93 UNION P A CI FI C R AI L R O A D PARCEL A 33 50 LINE 1 LINE 2 ANDERSON DR.NE COR. OF SE 1/4 SEC. 22, TWP. 115, RGE. 19 POINT OF BEGINNING OF LINE 2 EAST LINE OF SE 1/4SEC. 22, TWP. 115, RGE. 19JOB NUMBER:FIELD BOOK:DRAWN BY: FOR: R S22-T115-R19-14T18.115935 ARK PART OF: SE 1/4 OF NE 1/4 SEC. 22, TWP. 115, RGE. 19 DAKOTA COUNTY, MINNESOTA CITY OF ROSEMOUNT EASEMENT EXHIBIT 1349 BONAIRE PATH E., ROSEMOUNT, MN 55068 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 (952) 890-0509 H:\ROSEMNT_CI_MN\T18115935\CAD\C3D\Easements\115935_V_EASE-2_Margaret and Ronald Anderson.dwg 12/18/2018 12:46 PM ©Bolton & Menk, Inc. 2018, All Rights Reserved H:\ROSEMNT_CI_MN\T18115935\CAD\FILE NO.5318 SHEET 3 OF 3 SHEETS PROPOSED PERPETUAL ROADWAY, DRAINAGE & UTILITY EASEMENT (AREA: 99 SQ. FT.) PROPOSED TEMPORARY CONSTRUCTION EASEMENT (AREA: 2,578 SQ. FT.) EXISTING PRESCRIPTIVE ROADWAY EASEMENT (AREA: 3,736 SQ. FT.)SEE SHEET 2 OF 3 SHEETSR SCALE IN FEET 0 100 GREYSTONE HOMEOWNERS ASSOCIATION PID: 34-31005-00-020 BONAIRE PATH E. EAST LINE OF OUTLOT B ANDERSON DR.WEST LINE OF OUTLOT B NORTH LINE OF OUTLOT B 16.90 17.40 10 NE CORNER OF OUTLOT B NORTH LINE OF NE 1/4 OF SE 1/4 SEC. 22, TWP. 115, RGE. 22 UNION P A CI FI C R AI L R O A D EAST LINE OF NE 1/4 OF SE 1/4SEC. 22, TWP. 115, RGE. 22NW CORNER OF OUTLOT B POINT OF BEGINNING OF LINE JOB NUMBER:FIELD BOOK:DRAWN BY: FOR: R S22-T115-R19-41T18.115935 ARK PART OF: OUTLOT B, GREYSTONE 6TH ADDITION, DAKOTA COUNTY, MINNESOTA CITY OF ROSEMOUNT EASEMENT EXHIBIT ROUSEMOUNT, MN 55068 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 (952) 890-0509 R SCALE IN FEET 0 30 H:\ROSEMNT_CI_MN\T18115935\CAD\C3D\Easements\115935_V_EASE-3_Greystone Homeowners Association.dwg 12/18/2018 12:47 PM ©Bolton & Menk, Inc. 2018, All Rights Reserved H:\ROSEMNT_CI_MN\T18115935\CAD\FILE NO.5318 _______________________________ Eric R. Wilfahrt License Number 46166 SURVEYOR'S CERTIFICATION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. __________ Date 12/18/2018 PROPOSED PERPETUAL ROADWAY, DRAINAGE & UTILITY EASEMENT (AREA: 1,570 SQ. FT.) PROPOSED TEMPORARY CONSTRUCTION EASEMENT (AREA: 2,693 SQ. FT.) PROPOSED EASEMENT DESCRIPTIONS A perpetual easement for roadway, drainage and utility purposes over, under and across that part of Outlot B, GREYSTONE 6TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying northerly of the following described line and its extensions: Commencing at the northwest corner of said Outlot B; thence southerly along the west line of said Outlot B, a distance of 17.40 feet to the point of beginning of the line to be described; thence easterly to a point in the east line of said Outlot B, distant 16.90 feet southerly of the northeast corner of said Outlot B, and said line there terminating. AND Together with a temporary easement for construction purposes, 10.00 feet wide, over, under and across that part of said Outlot B, lying southerly of and adjoining the above described perpetual easement. The sidelines of said temporary easement shall be prolonged or shortened to terminate at the east and west lines of said Outlot B. Said temporary easement shall expire on ________________________. 1450 BONAIRE PATH E. JESSE ISON PID: 34-02200-75-015 BONAIRE PATH E. 10 WEST LINE OF THE WEST 230 FT. OF THE EAST 447 FT. OF SE 1/4, SEC. 22, TWP. 115, RGE. 19 UNION P A CI FI C R AI L R O A D EAST LINE OF THE WEST 230 FT. OF THE EAST 447 FT. OF SE 1/4, SEC. 22, TWP. 115, RGE. 19 SE'LY RI G H T - O F- W A Y LI N E O F UNION P A CI FI C R AI L R O A D NORTH LINE OF NE 1/4 OF SE 1/4 SEC. 22, TWP. 115, RGE. 22 NW COR. OF OUTLOT B, GREYSTONE 6TH ADDITION S 00°10'12" W 17.40S 89°21'29" W WEST LINE OF OUTLOT B,GREYSTONE 6TH ADDITIONPOINT OF BEGINNING OF LINE SW'LY EXT. OF NORTH LINE OF OUTLOT B, GREYSTONE 6TH ADDITION PARCEL A JOB NUMBER:FIELD BOOK:DRAWN BY: FOR: R S22-T115-R19-41T18.115935 ARK PART OF: NE 1/4 OF SE 1/4 SEC. 22, TWP. 115, RGE. 19 DAKOTA COUNTY, MN CITY OF ROSEMOUNT EASEMENT EXHIBIT 1450 BONAIRE PATH E., ROSEMOUNT, MN 55068 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 (952) 890-0509 R SCALE IN FEET 0 40 H:\ROSEMNT_CI_MN\T18115935\CAD\C3D\Easements\115935_V_EASE-4_Jesse Ison.dwg 12/18/2018 12:48 PM ©Bolton & Menk, Inc. 2018, All Rights Reserved H:\ROSEMNT_CI_MN\T18115935\CAD\FILE NO.5318 _______________________________ Eric R. Wilfahrt License Number 46166 SURVEYOR'S CERTIFICATION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. __________ Date 12/18/2018 PROPOSED PERPETUAL ROADWAY, DRAINAGE & UTILITY EASEMENT (AREA: 2,285 SQ. FT.) PROPOSED TEMPORARY CONSTRUCTION EASEMENT (AREA: 3,532 SQ. FT.) PROPOSED EASEMENT DESCRIPTIONS A perpetual easement for roadway, drainage and utility purposes over, under and across that part of the herein described Parcel A, lying northerly the following described line and its extensions: Commencing that the northwest corner of Outlot B, GREYSTONE 6TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota; thence on an assumed bearing of South 00 degrees 10 minutes 12 seconds West along the west line of said Outlot B, a distance of 17.40 feet to the point of beginning of the line to be described; thence South 89 degrees 21 minutes 29 seconds West to the southeasterly right-of-way line of the Union Pacific Railroad, and said line there terminating. AND Together with a temporary easement for construction purposes, 10.00 feet wide, over, under and across the herein described Parcel A, lying southerly of and adjoining the above described perpetual easement. The sidelines of said temporary easement shall be prolonged or shortened to terminate at the westerly and easterly lines of said Parcel A. Said temporary easement shall expire on ____________________. Parcel A: (Part of Warranty Deed Doc. No. 3226204) The North 525 feet of the West 230 feet of the East 447 feet of the SE 1/4 of Section 22, Township 115, Range 19, Dakota County, Minnesota, Except the railroad right of way. EXISTING PRESCRIPTIVE ROADWAY EASEMENT (AREA: 4,931 SQ. FT.) PROPOSED EASEMENT DESCRIPTIONS A perpetual easement for roadway, drainage and utility purposes over, under and across that part of Lot 1, Block 1, GREYSTONE 5TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying northerly of the following described line and its extensions: Commencing at the northeast corner of said Lot 1; thence on an assumed bearing of South 67 degrees 08 minutes 07 seconds West along the southeast line of said Lot 1, a distance of 49.53 feet to the point of beginning of the line to be described; thence South 89 degrees 21 minutes 45 seconds West, a distance of 117.73 feet; thence westerly a distance of 504.46 feet along a tangential curve, concave to the north, having a radius of 11540.00 feet and a central angle of 02 degrees 30 minutes 17 seconds; thence westerly a distance of 528.86 feet along a reverse curve, concave to the south, having a radius of 11419.00 feet and a central angle of 02 degrees 39 minutes 13 seconds; thence South 89 degrees 12 minutes 49 seconds West, tangent to said reverse curve, a distance of 707.32 feet to the northwesterly line of said Lot 1 and said line there terminating. AND Together with a temporary easement for construction purposes, 10.00 feet wide, over, under and across that part of said Lot 1, lying southerly of and adjoining a line described as follows: Commencing at the northeast corner of said Lot 1; thence on an assumed bearing of South 67 degrees 08 minutes 07 seconds West along the southeast line of said Lot 1, a distance of 49.53 feet to the point of beginning of the line to be described; thence South 89 degrees 21 minutes 45 seconds West, a distance of 117.73 feet; thence westerly a distance of 105.94 feet along a tangential curve, concave to the north, having a radius of 11540.00 feet and a central angle of 00 degrees 31 minutes 34 seconds, and said line there terminating. AND Together with a temporary easement for construction purposes, 10.00 feet wide, over, under and across that part of said Lot 1, lying southerly of and adjoining a line described as follows: Commencing at the northeast corner of said Lot 1; thence on an assumed bearing of South 67 degrees 08 minutes 07 seconds West along the southeast line of said Lot 1, a distance of 49.53 feet; thence South 89 degrees 21 minutes 45 seconds West, a distance of 117.73 feet; thence westerly a distance of 376.06 feet along a tangential curve, concave to the north, having a radius of 11540.00 feet and a central angle of 01 degree 52 minutes 02 seconds to the point of beginning of the line to be described; thence continuing on said curve a distance of 128.40, having a central angle of 00 degrees 38 minutes 15 seconds; thence westerly a distance of 332.17 feet along a reverse curve, concave to the south, having a radius of 11419.00 feet and a central angle of 01 degree 40 minutes 00 seconds, and said line there terminating. AND Together with a temporary easement for construction purposes, 10.00 feet wide, over, under and across that part of said Lot 1, lying southerly of and adjoining a line described as follows: Commencing at the northeast corner of said Lot 1; thence on an assumed bearing of South 67 degrees 08 minutes 07 seconds West along the southeast line of said Lot 1, a distance of 49.53 feet; thence South 89 degrees 21 minutes 45 seconds West, a distance of 117.73 feet; thence westerly a distance of 504.46 feet along a tangential curve, concave to the north, having a radius of 11540.00 feet and a central angle of 02 degrees 30 minutes 17 seconds; thence westerly a distance of 528.86 feet along a reverse curve, concave to the south, having a radius of 11419.00 feet and a central angle of 02 degrees 39 minutes 13 seconds; thence South 89 degrees 12 minutes 49 seconds West, tangent to said reverse curve, a distance of 7.18 feet to the point of beginning of the line to be described; thence continuing South 89 degrees 12 minutes 49 seconds West, a distance of 612.16 feet and said line there terminating. Said temporary easements shall expire on ____________________. JOB NUMBER:FIELD BOOK:DRAWN BY: FOR: R S22-T115-R19-41,42T18.115935 ARK PART OF: LOT 1, BLOCK 1, GREYSTONE 5TH ADDITION DAKOTA COUNTY, MINNESOTA CITY OF ROSEMOUNT EASEMENT EXHIBIT 1102 BONAIRE PATH E., ROSEMOUNT, MN 55068 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 (952) 890-0509 H:\ROSEMNT_CI_MN\T18115935\CAD\C3D\Easements\115935_V_EASE-5_Wayne and Sheila Groth.dwg 12/18/2018 12:51 PM ©Bolton & Menk, Inc. 2018, All Rights Reserved H:\ROSEMNT_CI_MN\T18115935\CAD\FILE NO.5318 SHEET 1 OF 3 SHEETS _______________________________ Eric R. Wilfahrt License Number 46166 SURVEYOR'S CERTIFICATION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. __________ Date 12/18/2018 L=528.86 R=11419.00 Δ=2°39'13" NORTH LINE OF LOT 1, BLOCK 1, GREYSTONE 5TH ADDITION 1102 BONAIRE PATH E. WAYNE & SHEILA M GROTH PID: 34-31004-01-010 BONAIRE PATH E. UNION P A CI FI C R AI L R O A D NE COR. LOT 1, BLOCK 1, GREYSTONE 5TH ADDITION SE'LY LI N E O F L O T 1, B L O C K 1, GREYS T O N E 5 T H A D DI TI O N 10 10 NORTH LINE OF NW 1/4 OF SE 1/4, SEC. 22, TWP. 115, RGE. 19 10 S 67°08'07" W 49.53 L =50 4 .4 6 R =115 4 0 .0 0 Δ =2°3 0 '1 7 " L =1 0 5.9 4 Δ =0 °31 '3 4 "7.18 L =128.4 0 Δ =0 °38'15"L =332.17 Δ =1°4 0'0 0" POINT OF BEGINNING OF LINE (PERP. EASE.) S 89°21'45" W 117.73 L =3 7 6.0 6 Δ =1°52'0 2" JOB NUMBER:FIELD BOOK:DRAWN BY: FOR: R S22-T115-R19-41,42T18.115935 ARK PART OF: LOT 1, BLOCK 1, GREYSTONE 5TH ADDITION DAKOTA COUNTY, MINNESOTA CITY OF ROSEMOUNT EASEMENT EXHIBIT 1102 BONAIRE PATH E., ROSEMOUNT, MN 55068 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 (952) 890-0509 R SCALE IN FEET 0 100 H:\ROSEMNT_CI_MN\T18115935\CAD\C3D\Easements\115935_V_EASE-5_Wayne and Sheila Groth.dwg 12/18/2018 12:51 PM ©Bolton & Menk, Inc. 2018, All Rights Reserved H:\ROSEMNT_CI_MN\T18115935\CAD\FILE NO.5318 PROPOSED PERPETUAL ROADWAY, DRAINAGE & UTILITY EASEMENT (AREA: 14,335 SQ. FT.) PROPOSED TEMPORARY CONSTRUCTION EASEMENT (AREA: 12,841 SQ. FT.) SHEET 2 OF 3 SHEETSSHEET 3 OF 3 SHEETS S 89°12'49" W 707.32 L=528.86 R=11419.00 Δ=2°39'13" 1102 BONAIRE PATH E. WAYNE & SHEILA M GROTH PID: 34-31004-01-010 BONAIRE PATH E.NORTH LINE OF LOT 1, BLOCK 1, GREYSTONE 5TH ADDITION 10 10 CO. RD. NO. 73 (AKRON AVE.)WEST LINE OF NW 1/4 OF SE 1/4,SEC. 22, TWP. 115, RGE. 19NORTH LINE OF NW 1/4 OF SE 1/4, SEC. 22, TWP. 115, RGE. 19 NW'LY LINE OF LOT 1, BLOCK 1,GREYSTONE 5TH ADDITION7.18 612.16 L =3 32.17 Δ =1°4 0'0 0" JOB NUMBER:FIELD BOOK:DRAWN BY: FOR: R S22-T115-R19-41,42T18.115935 ARK PART OF: LOT 1, BLOCK 1, GREYSTONE 5TH ADDITION DAKOTA COUNTY, MINNESOTA CITY OF ROSEMOUNT EASEMENT EXHIBIT 1102 BONAIRE PATH E., ROSEMOUNT, MN 55068 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 (952) 890-0509 R SCALE IN FEET 0 100 H:\ROSEMNT_CI_MN\T18115935\CAD\C3D\Easements\115935_V_EASE-5_Wayne and Sheila Groth.dwg 12/18/2018 2:16 PM ©Bolton & Menk, Inc. 2018, All Rights Reserved H:\ROSEMNT_CI_MN\T18115935\CAD\FILE NO. 5318 PROPOSED PERPETUAL ROADWAY, DRAINAGE & UTILITY EASEMENT (AREA: 14,335 SQ. FT.) PROPOSED TEMPORARY CONSTRUCTION EASEMENT (AREA: 12,841 SQ. FT.) SHEET 3 OF 3 SHEETS SHEET 3 OF 3 SHEETS