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HomeMy WebLinkAbout98-88 - ADMIN Resolution - City Council - 1998/06/291 1 1 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. ?F "'S $ RESOLUTION APPROVING REVISED HUTCHINSON SPUR PURCHASE AGREEMENT AND ACCEPTING DONATED PROPERTY WHEREAS, the City is negotiating the purchase of a portion of certain property commonly referred to as the Hutchinson Spur for purposes of trail development; and WHEREAS, the City Council on June 15,1998 approved a purchase agreement relating to this property; and WHEREAS, further discussions have taken place with the owners NOW THEREFORE, THE ST LOUIS PARK CITY COUNCIL RESOLVES AS FOLLOWS 1 The Purchase Agreement, a copy of which is attached hereto as Exhibit A, is hereby approved, subject to the conditions in Paragraph 2 herein. 2 The Mayor and City Manager are authorized to sign the Purchase Agreement and any other documents necessary to close the transaction and deliver such documents to Sellers, contingent upon the simultaneous delivery by Sellers of the deeds and any other documents necessary to convey marketable title to the donated property identified in the Purchase Agreement and hereby accepted by the City ATTEST - — 0 • aloes ".►. Cynthia Larsen, City Clerk REVIEW FOR ADMINISTRATION Charles W. Meye anager Adopted by the City Council June 29, 1998 By. Gail Dorfman Mayor V oe REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT (the "Agreement") made and entered into this day of June, 1998 by and between the CITY OF ST. LOUIS PARK, a municipal corporation under the laws of the State of Minnesota with offices at 5005 Minnetonka Boulevard, St. Louis Park, Minnesota 55416 (referred to herein as the "Buyer"), and ROBERT D. McCULLOUGH and Deborah A. McCULLOUGH, husband and wife, and McCULLOUGH COMPANIES, a general partnership under the laws of the State of Minnesota with offices at , Minnesota (referred to herein as the "Sellers"). In consideration of the mutual covenants and agreements herein, and of the Earnest Money (as defined herein) paid by Buyer, the receipt and sufficiency of which are hereby acknowledged, it is hereby mutually agreed by Sellers and Buyer as follows: SECTION 1. SALE AND PURCHASE OF LAND 1.1) Sellers shall sell to Buyer and Buyer shall purchase from Sellers, upon the terms and conditions hereof, the following property (all collectively referred to as the "Subject Property"): 1.1.1) The land in Hennepin County, St. Louis Park, Minnesota, legally described on Exhibit A (1-4) to be attached hereto and incorporated herein, together with all right, title, and interest in and to any roads or alleys adjoining or servicing such land, rights-of-way, or easements appurtenant thereto, and in and to any ditch, water, or riparian nghts and claims appurtenant thereto (the "Land"); 1.1.2) Any improvements located on the Land; 1.1.3) All rents, leases, contract rights, causes of action, permits, licenses, and other rights relating to the Land and Improvements (the "Contract Rights"); and 1.1.4) The easements described in Exhibit B hereto ("Easements"). 1.1.5) Subject to existing easement of record as of May 5, 1998, as descnbed in the Title Commitment dated May 5, 1998, number TC -75671. 1.1.6) Subject to the mineral rights of Northern Railroad Company as set forth in the Quit Claim Deed recorded September 23, 1994 as Document No. 6343025, described in item 16 of Schedule B II of the Title Commitment No. TC -75671 dated May 5, 1998. 61173 05 r 4, --SECTION -2. _ . - PURCHASE PRICE 2.1) The purchase price for the Subject Property (the "Purchase Price") shall be Five Hundred Six Thousand Five Hundred Dollars ($506,500.00) and shall be payable by Buyer to Sellers as follows: 2.1.1) $1,000.00 earnest money upon execution of this Agreement; and 2.1.2) $505,500.00 in cash or certified check on the date of Closing. SECTION 3. TITLE MATTERS 3.1) Sellers, at their own expense, shall furnish to Buyer within ten (10) days hereof a current commitment for the issuance of a 1987/1990 ALTA Form B owner's policy of title insurance (the "Commitment") issued by Title Company acceptable to Buyer ("Title") in the amount of Five Hundred Six Thousand Five Hundred Dollars ($506,500.00), committing to insure that Buyer will have good and marketable title to the Subject Property, free of any and all standard and other exceptions to title, except matters to which Buyer may consent in writing and the permitted encumbrances set forth on Exhibit C hereto. 3.2) Sellers, at their own expense, shall furnish to Buyer within ten (10) days hereof, a survey of the Subject Property prepared by a surveyor registered in Minnesota certified to Buyer showing the boundaries of the Subject Property, the location of any rights-of-way, encumbrances and easements on the Subject Property and the location of the Easements described in Exhibit B. 3.3) In the event any exceptions are listed in the Commitment for title insurance, if the same results from any voluntary action by the Sellers, the Sellers shall promptly cause the exception to be removed. With regard to any other exceptions, if the Sellers fail to remove the same within the time allowed for closing on the Subject Property, the Buyer shall have the right to remove the encumbrances and credit the cost of the same against the Purchase Price or terminate this Agreement. In the event the cost to remove any encumbrance exceeds $5,000.00, Seller shall have no obligation to remove the 61173 05 2 ericumbrance and Buyer shall have the-option•of nullifying this Purchase Agreement or accepting the property subject to the encumbrance. SECTION 4. CLOSING 4.1) The closing (the "Closing") shall be at a location designated by Buyer, and shall occur within ten (10) days after the removal of the Buyer Contingencies described in Section 7.1 and in no event later than June 30, 1998 (the "Closing Date"). In the event the Buyer has not removed said contingencies by June 20, 1998, the contingencies shall be deemed to be waived. 4.2) On the Closing Date, Sellers shall deliver to Buyer possession of the Subject Property vacant and free of any personal property not included in the sale of the Subject Property. Until possession is delivered to Buyer, Sellers shall keep and maintain the Subject Property in a neat and orderly condition and shall not alter or damage any part thereof. Sellers shall not remove any dirt, trees, shrubs, or other natural growth, except as to keep the Subject Property in a neat and orderly condition. 4 3) Sellers shall execute and deliver to Buyer at Closing. 4.3.1) A duly executed Limited Warranty Deed in recordable form conveying the property as described in Exhibit A hereto; 4 3 2) The Easements described in Exhibit B hereto; 4.3.3) A customary affidavit that there are no unsatisfied judgments of record, no actions pending in any state or federal courts, no tax liens, and no bankruptcy proceeding filed against Sellers, and no labor has or matenais have been furnished to the Subject Property for which payment has not been made, and that to the best of Sellers' knowledge there are no unrecorded interests relating to the Subject Property; 4.3.4) A Well Disclosure Certificate. 4.4) Sellers shall pay at Closing all general real estate taxes levied against the Subject Property due and payable in 1998 and for all years prior to the year of closing, together with any unpaid installments of special assessments due therewith ("Taxes"), and any Taxes deferred. All general real 61173 05 3 estate taxes levied against the Subject Property together with -any unpaid special assessments due in the years following the year of Closing shall be the responsibility of Buyer 4.5) Sellers shall pay at Closing: 4.5.1) State deed tax; 4.5.2) All costs of obtaining and updating the abstract to the Subject Property, including name searches, tax searches, bankruptcy searches, and property inspection fees; 4.5.3) Title insurance commitment fees; 4.5.4) Recording fees for corrective instruments required to remove encumbrances and place marketable title in Buyer's name; 4.5.5) All real estate tax obligations as outlined in paragraph 4.4; and 4.5.6) All fees and costs owed for the survey of the Subject Property. 4.6) Buyer shall pay at Closing: 4.6.1) All recording fees and charges relating to the filing of the deed; and 4.6.2) Title insurance premiums. 4.7) Sellers and Buyer shall equally share any Closing fee charged by the title company. SECTION 5. COVENANTS, REPRESENTATIONS. AND WARRANTIES OF SELLERS 5.1) Sellers, as an inducement to Buyer to enter into this Agreement, and as part of the consideration therefor, represent, warrant, and covenant with Buyer and its successors and assigns that: 5.1.1) Except as set forth in Exhibit C hereto, there are no leases, options, purchase agreements, rights to redeem, tenancy agreements, or rights of occupancy, written or verbal, and no person or party has, or will have any rights of adverse possession, regarding the Subject Property; 5.1.2) Sellers will maintain in force insurance against public liability from such risk and to such limits as in accordance with prudent business practice and suitable to the Subject Property from the date hereof to the Closing Date; 61173 05 5.1.3) To the best knowledge of Sellers, no entity or person has, at any time: 4 I i) "released" or-activeiy-or passively -consented to the "release" or "threatened release" of any Hazardous Substance (as defined below) from any "facility" or "vessel" located on or used in connection with the Subject Property; or ii) taken any action in "response" to a "release" in connection with the Subject Property; or iii) otherwise engaged in any activity or omitted to take any action which could subject Sellers or Buyer to claims for intentional or negligent torts, strict or absolute liability, either pursuant to statute or common law, in connection with Hazardous Substances (as defined below) located in or on the Subject Property, including the generating, transporting, treating, storage, or manufacture of any Hazardous Substance (as defined below). The terms set within quotation marks above shall have the meaning given to them in the Comprehensive Environmental Response and Liability Act, 42 U.S.C. Sec. 9601 et seq., as amended ("CERCLA") and any state environmental laws. "Hazardous Substances" means hazardous waste, toxic substances, formaldehyde, urea, polychlorinated biphenyls, asbestos, petroleum, natural gas, synthetic gas usable for fuel or mixtures thereof, any materials related to any of the foregoing, and substances defined as "hazardous substances", "toxic substances", "hazardous waste", "pollutant", or "contaminant" in CERCLA, Resource Conservation and Recovery Act as amended, 41 U.S.0 Sec. 9601 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq., the Clean Water Act, 33 U.S.C. Sec. 1251 et seq., any state laws regarding environmental matters, or any regulations promulgated pursuant to any of the foregoing statutes. Sellers shall indemnify Buyer, its successors and assigns, against, and shall hold Buyer, its successors and assigns, harmless from, any and all losses, liabilities, claims, fines, penalties, forfeitures, damages, administrative orders, consent agreements and orders, and the costs and expenses incident thereto, including, without limitation, reasonable attorneys' fees, consultants' fees and laboratory fees, which may at any time be imposed upon, incurred by or awarded against Buyer as a result of or in connection with the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Each of the above representations and warranties shall survive the closing. Consummation of this Agreement by Buyer with knowledge of any such breach by Sellers shall not constitute a waiver or release by Buyer of any claims arising out of or in connection with such breach; 5.1.4) To the best knowledge of Sellers, no entity or person has, at any time, installed, used, or removed any underground storage tank on or in connection with the Subject Property; 5 1.5) Sellers shall execute a well disclosure certificate attached hereto as Exhibit D 5.2) The covenants, representations, and warranties contained in Section 5 shall be deemed to benefit Buyer and its successors and assigns and shall survive any termination or expiration of this Purchase Agreement or the giving of the Deed. All of Sellers' covenants, representations and warranties in this Agreement shall be true as of the date hereof (and shall be a condition precedent to 61173 05 5 the performance of Buyer's obligations- hereunder) and as of the Closing Date. In addition to Buyer's remedies as outlined in Section 3.3, if Buyer discovers that any such covenant, representation, or warranty is not true, Buyer may elect prior to closing, in addition to any of its other rights and remedies, to cancel this Agreement, or Buyer may postpone the Closing Date up to ninety (90) days to allow time for correction. Buyer shall not be deemed to have waived any claims for breach of warranty if Buyer consummates the transaction set forth in this Agreement with the knowledge that one or more of Sellers' warranties are false. 5.3) Sellers are, or by Closing will be, the sole owners of fee simple absolute title to the Subject Property, have all requisite power and authority to execute and deliver this Agreement and the documents listed in Section 4 above. SECTION 6. TESTING 6.1) Buyer and its agents shall have the right, at Buyer's sole option, to enter the Subject Property without charge and at all reasonable times after the execution of this Agreement, to perform investigation and tests as Buyer may reasonably deem appropriate. If Buyer investigates and tests the Subject Property pursuant to this section, Buyer shall pay all costs and expenses of such investigation and testing and shall indemnify and hold Sellers harmless from all costs and liabilities arising out of Buyer's activities. If the purchase and sale contemplated by this Agreement is not closed, Buyer shall repair and restore any damage to the Subject Property caused by Buyer's investigation or testing, at Buyer's expense, and shall return the Subject Property to substantially the same condition as existed prior to such entry. The provisions of this Section shall survive closing or cancellation of the Purchase Agreement. SECTION 7. CONTINGENCIES 1 7.1) The obligations of Buyer under this Agreement are contingent upon each of the following "Buyer Contingencies"): (the "Bu Y g ) 61173 05 6 i IIP 1 7.1.1) The representations and warranties of -Sellers set forth in Section 5 of this Agreement must be true as of the date of this Agreement and on the Closing Date, and Sellers shall have delivered to Buyer at Closing a certificate dated the Closing Date, signed by Sellers, certifying that such representations and warranties are true as of the Closing Date. 7.1.2) Buyer shall have determined on or before the date of Closing, that it is satisfied, in its sole discretion, with the results of and matters disclosed by any investigation or testing of the Subject Property. 7.1.3) Buyer shall have determined on or before the date of Closing, that it is satisfied, in its sole discretion, with the results of and matters disclosed by the survey described in Section 3.2. If the Buyer Contingencies have not been satisfied, then Buyer may, at Buyer's option, terminate this Agreement by giving written notice to Sellers on or before the applicable date set forth above. Upon such termination, neither party shall have any further rights or obligations under this Agreement, and Buyer's earnest money will be returned. The Buyer Contingencies are for the sole and exclusive benefit of Buyer, and Buyer shall have the right to waive the Buyer Contingencies by giving written notice to Sellers. SECTION 8. MISCELLANEOUS 8.1) Any notice, demand, or request which may be permitted, required or desired to be given in connection herewith shall be in writmg and sent by certified mail, hand delivery, overnight mail service such as Federal Express, or Western Union telegram or other form of telegraphic communication, directed to Sellers or Buyer. Any notice shall be deemed effective when delivered to the party to whom it is directed. Unless other addresses are given in writing, notices shall be sent to Sellers or Buyer at the applicable address stated on the first page of this Agreement. 8.2) Time shall be of the essence in this Agreement. Where any date or time prescribed by this Agreement falls on a Saturday, Sunday or statutory holiday, such date or time shall automatically be extended to the next normal business day. 61173 05 7 ,- 8.3) Each party hereto shall piumptiy; on the request of the other party, have acknowledged and delivered to the other party any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. 8.4) This Agreement represents the entire agreement of the parties with respect to the Subject Property and all prior agreements, understandings, or negotiations between the parties are hereby revoked and superseded hereby. No representations, warranties, inducements, or oral agreements have been made by any of the parties, except as expressly set forth herein, or in other contemporaneous written agreements. This Agreement may not be changed, modified or rescinded, except by a written agreement signed by both parties hereto. 8.5) If Buyer defaults under any of the terms hereof, then Sellers shall have the right, in addition to whatever other remedies are available to Sellers at law or in equity, including without limitation, specific performance, damages and cancellation of this Agreement. 8.6) If Sellers default under any of the terms hereof, including, without limitation, the delivery of marketable title to the Subject Property as set forth in Section 4 hereof, and any of Sellers' representations, covenants, and warranties in Section 5 hereof, then Buyer shall have the right, in addition to whatever other remedies are available to Buyer at law or in equity, including without limitation, specific performance, damages and cancellation of this Agreement. 8.7) If any provision of this Agreement is declared void or unenforceable, such provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. 8.8) Failure of any party to exercise any right or option arising out of a breach of this Agreement shall not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach. 8.9) This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns. 8.10) This Agreement shall be construed in accordance with the laws of the State of Minnesota. 61173 05 8 r 11, 8.11) At Buyer's request, a memorandum of this• Agreement shall be executed by Buyer and Sellers and filed of record in Hennepin County, Minnesota. 8.12) Sellers will not be required to remove the billboard and telecommunications tower currently located south of 36th Street at Highway 7 as a condition of any subdivision or other development approval involving their property located south of 36th Street so long as Sellers create a lot encompassing the billboard and telecommunications tower which conforms with the requirements of the City's zoning and subdivision ordinances. This provision does not apply to any subsequent development of the lot on which the billboard and telecommunications tower are located. Attached hereto as Exhibit D is the legal description of the lot that complies with this provision together with a drawing thereof. The City's approval of a metes and bounds conveyance of the parcels described on Exhibit A and Exhibit D is a condition of this Purchase Agreement. 8.13) Allocation of Purchase Price. The parties hereby stipulate, acknowledge, and agree that the consideration paid pursuant to this purchase agreement, $506,500.00, is for the purchase of the "Lake Victoria" parcel, described on Exhibit A hereto, as the Northerly SE 1/4 of Section 7, and for the trail, street and utility easements described on Exhibits B-1 through B-12 herein. The parties further stipulate, acknowledge and agree that seller is donating, and the City is hereby accepting, the remaining parcels consisting of the Northerly North 1/2 of Section 18, the Center North 1/2 of Section 18 and the Center SW 1/4 of Section 18, to the City of St. Louis Park. Said donation was agreed to by Seller after the parties agreed to the consideration for the "Lake Victoria" parcel and the trail, street and utility easements described on Exhibits B-1 through B-12 herein. 8.14) This Agreement may be executed in several counterparts, each of which will be deemed an original but all of which will constitute one and the same instrument. However, in making proof hereof it will be necessary to produce only one copy hereof signed by the party to be charged. 61173 05 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BUYER: CITY OF ST. LOUIS PARK SELLERS: McCULLOUGH COMPANIES A Minnesota General Partnership By: By: Gail Dorfman, Mayor A Partner By: Charles W. Meyer, City Manager Robert D. McCullough STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1998, by Gail Dorfman, the Mayor of the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA COUNTY OF )ss. Notary Public The foregoing instrument was acknowledged before me this day of 1998, by Charles W Meyer, the City Manager of the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 61173 05 Notary Public 10 STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of I1998, by Robert D. McCullough, a Partner of McCullough Companies, a Minnesota general partnership, on behalf of the partnership. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1998, by Robert D. McCullough, the husband of Deborah A. McCullough, Seller. 61173 05 Notary Public 11 SELLER: Deborah A. McCullough STATE OF FLORIDA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1998, by Deborah A. McCullough, the wife of Robert D. McCullough, Seller. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452-5000 TMS 61173 05 12 - EXHIBIT A to REAL ESTATE PURCHASE AGREEMENT LEGAL DESCRIPTION OF THE SUBJECT PROPERTY CITY PARCEL (Northerly, SE 1/4 of Sec. 7) All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 -foot wide Hopkins to Hopkins Jct., Minnesota Branch Line right-of-way, including improvements, if any, now discontinued, being 50 feet wide on each side of said Railroad Compnay's Main Track centerline as originally located and constructed upon, over and across the Southeast Quarter of Section 7, Township 117 North, Range 21 West of the 5th Principal Meridian, Hennepin County, Minnesota, lying southwesterly of the centerline of Virginia Avenue as described in Document No. 2750535. (Currently vested in McCullough Companies) CITY PARCEL (Northerly, N 1/2 of Sec. 18) All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 -foot wide Hopkins to Hopkins Jct., Minnesota Branch Line right-of-way, including improvements, if any, now discontinued, being 50 feet wide on each side of said Railroad Company's Mam Track centerline as originally located and constructed upon, over and across the North Half of Section 18, Township 117 North, Range 21 West of the 5th Principal Meridian, Hennepin County, Minnesota, lying north of the following described line: Commencing at the northeast corner of said Section 18, thence North 89 degrees 34 minutes 47 seconds West, assumed bearing, a distance of 1647.95 feet along the north line of said Section 18 to the westerly line of said Burlington Northern Railroad Company's discontinued right-of-way; thence South 31 degrees 37 minutes 22 seconds West a distance of 559.06 feet along said westerly right-of-way line; thence southerly, continuing along said westerly right-of-way line a distance of 89 84 feet along a curve concave easterly and having a central angle of 1 degree 45 minutes 57 seconds and a radius of 2914.83 feet to the point of beginning of the line to be described, thence North 76 degrees 08 minutes 29 seconds East a distance of 140.65 feet to the easterly line of said railroad right-of-way. (Currently vested in Deborah A. McCullough) CITY PARCEL (Center, N 1/2 of Sec. 18) All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 -foot wide Hopkins to Hopkins Jct., Minnesota Branch Line right-of-way, now discontinued, being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the North Half of Section 18. Township 117 North, Range 21 West of the 5th Principal Meridian, Hennepin County, Minnesota, lying south of the following described line: 61173 05 13 11 Commencing at the northeast corner of said Section 18; thence North 89 degrees 34 minutes 47 seconds West, assumed bearing, a distance of 1647.95 feet along the north line of said Section 18 to the westerly line of said Burlington Northern Railroad Company's discontinued right-of-way; thence South 31 degrees 37 minutes 22 seconds West a distance of 559.06 feet along said westerly right-of-way line; thence southerly continuing along said westerly right-of-way line, a distance of 804.18 feet along a curve concave easterly and having a central angle of 15 degrees 48 minutes 27 seconds and a radius of 2914.83 feet; thence South 15 degrees 48 minutes 56 seconds West, continuing along said westerly right-of-way line, a distance of 313.03 feet to the point of beginning of the line to be described; thence South 33 degrees 26 minutes 26 seconds East a distance of 131.99 feet to the easterly line of said right-of-way and said line there terminating. (Currently vested in Deborah A. McCullough) CITY PARCEL (Center. SW 1/4 of Sec. 18) That part of all that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 -foot wide Hopkins to Hopkins Jct., Minnesota Branch Line right-of-way, now discontinued, being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the Southwest Quarter of Section 18, Township 117 North, Range 21 West of the 5th Principal Meridian, Hennepin County, Minnesota, lying North of the southeasterly extension of the northerly boundary line of The Federation Addition, according to the recorded plat thereof, Hennepin County, Minnesota. (Currently vested in McCullough Companies) 61173 05 14 EXHIBIT B to REAL ESTATE PURCHASE AGREEMENT EASEMENTS 1. Easements, in a form and substance acceptable to Buyer for water, sanitary sewer, storm sewer and roadway purposes over the property legally described in Exhibit B1 - B9 attached hereto and as shown on the drawings attached hereto as Exhibits B10 through B12. 2. The trail easement (B8) shall be along a portion of the western boundary of the property as depicted on the drawing attached hereto as Exhibits B11 and B12, shall not diminish Seller's current access rights (if any) to the property described in Exhibit B13, nor shall Seller's current access rights (if any) to Phillips Parkway be diminished or affected in any manner by said trail or trail easement. 3. The Permanent Trail Easement (B3) shall be three (3) feet wide and shall provide that the Buyer may not build the trail on said easement or place any fences or other structures thereon, except in the easterly eighteen (18) inches thereof. Seller agrees that the Buyer can fill in the easement area and raise the current level thereof approximately three (3) feet. 4. All temporary easements for construction purposes shall expire on December 31, 2000. 61173 05 15 EXHIBIT B to REAL ESTATE PURCHASE AGREEMENT EASEMENTS 1. Easements, in a form and substance acceptable to Buyer for water, sanitary sewer, storm sewer and roadway purposes over the property legally described in Exhibit B1 - B9 attached hereto and as shown on the drawings attached hereto as Exhibits B10 through B12. 2. The trail easement (B8) shall be along a portion of the western boundary of the property as depicted on the drawing attached hereto as Exhibits B11 and B12, shall not diminish Seller's current access rights (if any) to the property described in Exhibit B13, nor shall Seller's current access rights (if any) to Phillips Parkway be diminished or affected in any manner by said trail or trail easement. 3. The Permanent Trail Easement (B3) shall be three (3) feet wide and shall provide that the Buyer may not build the trail on said easement or place any fences or other structures thereon, except in the easterly eighteen (18) inches thereof. Seller agrees that the Buyer can fill in the easement area and raise the current level thereof approximately three (3) feet. 4. All temporary easements for construction purposes shall expire on December 31, 2000. 61173 05 15 w. EXHIBITS B1 TO B12 B1 Storm Sewer Easement B2 Sanitary Sewer Easement B3 3 -foot Trail Easement and Temporary Construction Easement B4 31st Street Easement B5 Storm Sewer Easement (25 foot) B6 Sanitary Sewer Easement (Commercial Plat) B7 Watermain Easement (Commercial Plat) B8 Trail Easement (Commercial Plat) B9 Temporary Construction Easement (Commercial Plat) B10 Drawing of Sanitary Sewer and Stormwater Easements B11 Drawing of Watermain and Right:of-Way Easements B12 Drawing of Trail Easement 61173 05 16 SI (Resented for Recording Data) GRANT OF PERMANENT EASEMENT THIS AGREEMENT made this day of , 1998, by ROBERT D. McCULLOUGH and DEBORAH A. McCULLOUGH, husband and wife, hereinafter referred to as "Grantors", to the City of St. Louis Park, a Minnesota municipal corporation, the Grantee, hereinafter referred to as "City". WITNESSETH: In consideration of the sum of One Dollar ($1 00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, Grantors hereby grant and convey to the City, its successors and assigns, forever, a permanent easement for public storm sewer purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as described on the attached Exhibit "A" ("Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public storm sewer system over, across, on, under, and through the Easement Premises, together with the right to grade, level, fill, drain and excavate the Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public storm sewer system The City shall restore the Easement Premises to as nearly as equal condition as it was prior to any construction, reconstruction, inspection, repair and maintenance, and shall comply with all City regulations regarding the same, provided however, the City shall not have the obligation to replant any trees and/or bushes that interfere with the Easement Premises. The above named Grantors, for themselves, their heirs, successors and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described permanent Easement Premises and that they have the sole right to grant and convey the easement to the City 63762 -1- City of St. Louis Park Exh. BI This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall compromised but a single instrument. IN TESTIMONY WHEREOF, the Grantors hereto has signed this Agreement the day and11 year first above written. STATE OF MINNESOTA COUNTY OF GRANTOR: Robert D. McCullough ) ) ss. The foregoing instrument was acknowledged before me this day of , 1998, by Robert D. McCullough, husband of Deborah A. McCullough. Notary Public 63762 -2- City of St. Louis Park 1 GRANTOR: Deborah A. McCullough STATE OF FLORIDA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1998, by Deborah A. McCullough, wife of Robert D. McCullough. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 63762 -3- City of St. Louis Park Exhibit "A" To Grant of Permanent Easement (Legal Description) STORM SEWER EASEMENT (Proj. No. 65-45B) A 10 -foot easement for sanitary sewer purposes lying over, under and across the following described land: All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 -foot wide Hopkins to Hopkins Jct., Minnesota Branch Line right-of-way, now discontinued, being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the North Half of Section 18, Township 117 North, Range 21 West of the 5th Principal Meridian, Hennepin County, Minnesota, the centerline of said easement is described as follows: Commencing at the northeast corner of said Section 18; thence North 89 degrees 34 minutes 47 seconds West, assumed bearing, a distance of 1647.95 feet along the north line of said Section 18 to the westerly line of said Burlington Northern Railroad Company's discontinued right-of-way; thence South 31 degrees 37 minutes 22 seconds West a distance of 559.06 feet along said westerly line; thence southerly, continuing along said westerly line, a distance of 98.84 feet along a curve concave easterly and having a central angle of 1 degrees 45 minutes 57 seconds and a radius of 2914.83 feet; thence North 76 degrees 19 minutes 42 seconds East a distance of 97.85 feet; thence North 30 degrees 12 minutes 14 seconds East a distance of 20 feet to the point of beginning of the centerline to be described; thence South 30 degrees 12 minutes 14 seconds West a distance of 232.41 feet; thence South 27 degrees 22 minutes 17 seconds East a distance of 74 84 feet to the easterly line of said right-of-way and said centerline there terminating. 63762 -4- City of St. Louis Park 31 (Reserved for Recording Data) GRANT OF PERMANENT EASEMENT THIS AGREEMENT made this day of , 1998, by ROBERT D. McCULLOUGH and DEBORAH A. McCULLOUGH, husband and wife, hereinafter referred to as "Grantors", to the City of St. Louis Park, a Minnesota municipal corporation, the Grantee, hereinafter referred to as "City". WITNESSETH: In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, Grantors hereby grant and convey to the City, its successors and assigns, forever, a permanent easement for public sanitary sewer purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as described on the attached Exhibit "A" ("Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public sanitary sewer system over, across, on, under, and through the permanent Easement Premises, together with the right to grade, level, fill, drain and excavate the Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public sanitary sewer system The City shall restore the Easement Premises to as nearly as equal condition as it was prior to any construction, reconstruction, inspection, repair and maintenance, and shall comply with all City regulations regarding the same, provided however, the City shall not have the obligation to replant any trees and/or bushes that interfere with the Easement Premises. The above named Grantors, for themselves, their heirs, successors and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described permanent Easement Premises and that they have the sole right to grant and convey the easement to the City. 63763 -1- City of St. Louis Park Exh. BZ This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall compromised but a single instrument. IN TESTIMONY WHEREOF, the Grantors hereto has signed this Agreement the day and111 year first above written. STATE OF MINNESOTA COUNTY OF GRANTOR: Robert D. McCullough The foregoing instrument was acknowledged before me this day of , 1998, by Robert D. McCullough, husband of Deborah A. McCullough. Notary Public 63763 -2- City of St. Louis Park r 1 1 r GRANTOR: Deborah A. McCullough STATE OF FLORIDA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1998, by Deborah -A; -McCullough, wife of Robert D. McCullough. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 63763 -3- City of St. Louis Park Exhibit "A" To Grant of Permanent Easement (Legal Description) Sanitary Sewer Easement (Project No. 56-52 San) A 30 -foot easement for sanitary sewer purposes over, under and across the following described land: All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 -foot wide Hopkins to- Hopkins Jct., Minnesota Branch Line right-of-way, now discontinued, being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the North Half of Section 18, Township 117 North, Range 21 West of the 5th Principal Meridian, Hennepin County, Minnesota, the centerline of said easement is described as follows: Commencing at the northeast corner of said Section 18, thence North 89 degrees 34 minutes 47 seconds West, assumed bearing, a distance of 1647.95 feet along the north line of said Section 18 to the westerly line of said Burlington Northern Railroad Company's discontinued right-of-way; thence South 31 degrees 37 minutes 22 seconds West a distance of 559.06 feet along said westerly line; thence southerly, continuing along said westerly line, a distance of 95.68 feet along a curve concave easterly and having a central angle of 1 degree 52 minutes 51 seconds and a radius of 2914.83 feet to the point of beginning of the centerline to be described; thence North 76 degrees 08 minutes 29 seconds East a distance of 140.39 feet to the easterly line of said discontinued right-of-way and said centerline there terminating. The side lines of said easement shall be prolonged or shortened to terminate on the easterly and westerly lines of said discontinued 100 -foot right of way 63763 -4- City of St. Louis Park 33 % (Reserved for Recording Data) GRANT OF TEMPORARY AND PERMANENT EASEMENT THIS AGREEMENT made this day of) , 1998, by ROBERT D. McCULLOUGH and DEBORAH A. McCULLOUGH, husband and wife, hereinafter referred to as "Grantors", to the City of St. Louis Park, a Minnesota municipal corporation, the Grantee, hereinafter referred to as "City". WITNESSETH: TEMPORARY EASEMENT The Grantors, in consideration of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby grant unto the City, its successors and assigns, a temporary easement for construction purposes, over, on, across, under, and through the land situated in the County of Hennepin, State of Minnesota, as legally descnbed on the attached Exhibit "A" ("Temporary Easement Premises"). TO HAVE AND TO HOLD the same, unto the City, its contractors, successors and assigns, commencing upon execution of this agreement and expiring December 31, 2000, together with the right of ingress to and egress from the Temporary Easement Premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City upon the Easement Premises hereinafter described, at the will of the City, its contractors, successors and assigns; it being the intention of the parties hereto that the Grantors hereby grant the uses herein specified without divesting themselves of the right to use and enjoy the above described Temporary Easement Premises, subject only to the right of the City to use the same for the purposes herein expressed; it being further intentioned by the parties that if any of the City's activities cause any disruption of the surface of the Temporary Easement Premises, the City shall cause such surface areas of the Temporary Easement Premises to be put back in a condition as close as reasonably possible to the condition which existed prior to the City's activities thereon, provided the City shall not be required to replace any shrubs, bushes or trees. If the City's activities result in any claims for personal injury or damage to property, the City shall hold harmless from and indemnify Grantors against such claims. 63764 -1- City of St Louis Park Exh.103 33 (Reserved for Recording Data) GRANT OF TEMPORARY AND PERMANENT EASEMENT THIS AGREEMENT made this day of , 1998, by ROBERT D. McCULLOUGH and DEBORAH A. McCULLOUGH, husband and wife, hereinafter referred to as "Grantors", to the City of St. Louis Park, a Minnesota municipal corporation, the Grantee, hereinafter referred to as "City" WITNESSETH: TEMPORARY EASEMENT The Grantors, in consideration of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby grant unto the City, its successors and assigns, a temporary easement for construction purposes, over, on, across, under, and through the land situated in the County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A" ("Temporary Easement Premises"). TO HAVE AND TO HOLD the same, unto the City, its contractors, successors and assigns, commencing upon execution of this agreement and expiring December 31, 2000, together with the right of ingress to and egress from the Temporary Easement Premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City upon the Easement Premises hereinafter described, at the will of the City, its contractors, successors and assigns; it being the intention of the parties hereto that the Grantors hereby grant the uses herein specified without divesting themselves of the right to use and enjoy the above described Temporary Easement Premises, subject only to the right of the City to use the same for the purposes herein expressed; it being further intentioned by the parties that if any of the City's activities cause any disruption of the surface of the Temporary Easement Premises, the City shall cause such surface areas of the Temporary Easement Premises to be put back in a condition as close as reasonably possible to the condition which existed prior to the City's activities thereon, provided the City shall not be required to replace any shrubs, bushes or trees. If the City's activities result in any claims for personal injury or damage to property, the City shall hold harmless from and indemnify Grantors against such claims. 63764 City of SL Louis Park Sch. (3 PERMANENT EASEMENT FURTHER, the Grantors, in consideration of the additional sum of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, do hereby grant and convey to the City, its successors and assigns, forever, a permanent easement for public trailway purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as described on the attached Exhibit "B" ("Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public trailway system over, across, on, under, and through the Easement Premises, together with the right to grade, level, fill, drain, pave and excavate the Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public trailway system. The City shall restore the Easement Premises to as nearly as equal condition as it was prior to any construction, reconstruction, inspection, repair and maintenance, and shall comply with all City regulations regarding the same, provided however, the City shall not have the obligation to replant any trees, shrubs and/or bushes that interfere with the Easement Premises. Notwithstanding the foregoing, the City shall not construct the actual trail surface or place any other fences or structures on the westerly eighteen (18) inches of the Easement Premises. The above named Grantors, for themselves, their heirs, successors and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described Easement Premises and that they have the sole right to grant and convey the easement to the City. This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall compromised but a single instrument. IN TESTIMONY WHEREOF, the Grantors hereto has signed this Agreement the day and year first above written. STATE OF MINNESOTA COUNTY OF ) ss. )' GRANTOR: Robert D. McCullough The foregoing instrument was acknowledged before me this day of , 1998, by Robert D. McCullough, husband of Deborah A. McCullough. Notary Public 63764 -2- City of SG Louis Park STATE OF FLORIDA COUNTY OF GRANTOR: Deborah A. McCullough ) ss. The foregoing instrument was acknowledged before me this day of , 1998, by Deborah A. McCullough, wife of Robert D. McCullough. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 63764 -3- City of St. Louts Park Exhibit "A" To Grant of Temporary and Permanent Easement Temporary Construction Easement for 3 -foot Trail Easement A 13 -foot temporary easement for construction purposes over, under and across the following described land: All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 -foot wide Hopkins to Hopkins Jct., Minnesota Branch Line right-of-way, including improvements, if any, now discontinued, being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the Southeast Quarter of Section 7, Township 117 North, Range 21 West of the 5th Principal Meridian, Hennepin County, Minnesota bounded on the north by the following described line: Commencing at the northeast corner of said Section 18; thence North 89 degrees 34 minutes 47 seconds West, assumed bearing, a distance of 1647.95 feet along the north line of said Section 18 to the westerly right-of-way line of said Burlington Northern Railroad; thence South 31 degrees 37 minutes 22 seconds West a distance of 559.06 feet along said westerly right-of-way line; thence southerly, continuing along said westerly right-of-way line, a distance of 89.84 feet along a curve concave easterly and having a central angle of 1 degree 45 minutes 54 seconds and a radius of 2914.83 feet to the point of beginning of the line to be described and also a point hereinafter described as Point "A"; thence North 76 degrees 19 minutes 42 seconds East a distance of 140.19 feet to the east line of said railroad right-of-way. And bounded on the south by the following described line: Commencing at said Point A; thence southerly, continuing along said railroad westerly right-of-way line, a distance of 714.30 feet, along said curve having a central angle of 14 degrees 02 minutes 29 seconds and a radius of 2914.82 feet; thence South 15 degrees 48 minutes 56 seconds West, continuing along said westerly right-of-way line, a distance of 313.03 feet to the point of beginning of the line to be described; thence South 33 degrees 26 minutes 26 seconds East a distance of 131.99 feet to the easterly line of said right-of-way and said line there terminating. The easterly line of said easement is described as follows: Commencing at the northeast corner of said Section 18; thence North 89 degrees 34 minutes 47 seconds West, assumed beanng, a distance of 1531.03 feet along the north line of said Section 18 to the easterly line of said Burlington Northern Railroad Company's discontinued nght-of-way and the point of beginning of the line to be descnbed; thence South 31 degrees 37 minutes 22 seconds West a distance of 619 63 feet along said easterly line; thence southwesterly continuing along said easterly line, a distance of 370.20 feet along a curve concave easterly and having a central angle of 7 degrees 32 minutes 08 seconds and a radius of 2814.83 feet to the centerline of 31st Street West and said line there terminating. 63764 -4- City of St. L.ouis Park Exhibit "B" To Grant of Temporary and Permanent Easement 3 -foot Trail Easement A 3 -foot perpetual easement for trail purposes over, under and across the following described land: All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 -foot wide Hopkins to Hopkins Jct., Minnesota Branch Line right-of-way, including improvements, if any, now discontinued, being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the Southeast Quarter of Section 7, Township 117 North, Range 21 West of the 5th Principal Meridian, Hennepin County, Minnesota bounded on the north by the following described line: Commencing at the northeast corner of said Section 18, thence North 89 degrees 34 minutes 47 seconds West, assumed bearing, a distance of 1647.95 feet along the north line of said Section 18 to the westerly right-of-way line of said Burlington Northern Railroad; thence South 31 degrees 37 minutes 22 seconds West a distance of 559 06 feet along said westerly right-of-way line; thence southerly, continuing along said westerly right-of-way line, a distance of 89.84 feet along a curve concave easterly and having a central angle of 1 degree 45 minutes 54 seconds and a radius of 2914.83 feet to the point of beginning of the line to be described and also a point hereinafter described as Point "A"; thence North 76 degrees 19 minutes 42 seconds East a distance of 140 19 feet to the east line of said railroad nght-of-way And bounded on the south by the following described line: Commencing at said Point A; thence southerly, continuing along said railroad westerly right-of-way line, a distance of 714.30 feet, along said curve having a central angle of 14 degrees 02 minutes 29 seconds and a radius of 2914.82 feet; thence South 15 degrees 48 minutes 56 seconds West, continuing along said westerly right-of-way line, a distance of 313.03 feet to the point of beginning of the line to be described; thence South 33 degrees 26 minutes 26 seconds East a distance of 131.99 feet to the easterly line of said right-of-way and said line there terminating. The easterly line of said easement is described as follows: Commencing at the northeast corner of said Section 18; thence North 89 degrees 34 minutes 47 seconds West, assumed bearing, a distance of 1531.03 feet along the north line of said Section 18 to the easterly line of said Burlington Northern Railroad Company's discontinued right-of-way and the point of beginning of the line to be described; thence South 31 degrees 37 minutes 22 seconds West a distance of 619 63 feet along said easterly line; thence southwesterly continuing along said easterly line, a distance of 370.20 feet along a curve concave easterly and having a central angle of 7 degrees 32 minutes 08 seconds and a radius of 2814.83 feet to the centerline of 31st Street West and said line there terminating. 63764 -5- City of St. Louis Park BLI (Reserved for Recording Data) GRANT OF PERMANENT EASEMENT THIS AGREEMENT made this day of , 1998, by ROBERT D. McCULLOUGH and DEBORAH A. McCULLOUGH, husband and wife, hereinafter referred to as "Grantors", to the City of St. Louis Park, a Minnesota municipal corporation, the Grantee, hereinafter referred to as "City" WITNESSETH: In consideration of the sum of One Dollar ($1 00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, Grantors hereby grant and convey to the City, its successors and assigns, forever, a permanent easement for public roadway and drainage purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as descnbed on the attached Exhibit "A" ("Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway and drainage systems over, across, on, under, and through the Easement Premises, together with the right to grade, level, fill, drain, pave and excavate the Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway and drainage systems. The City shall restore the Easement Premises to as nearly as equal condition as it was prior to any construction, reconstruction, inspection, repair and maintenance, and shall comply with all City regulations regarding the same, provided however, the City shall not have the obligation to replant any trees and/or bushes that interfere with the Easement Premises. The above named Grantors, for themselves, their heirs, successors and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described permanent Easement Premises and that they have the sole right to grant and convey the easement to the City. 63766 -1- City of St. Louis Park E xi -1. By This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall compromised but a single instrument. IN TESTIMONY WHEREOF, the Grantors hereto has signed this Agreement the day and11 year first above written. STATE OF MINNESOTA COUNTY OF GRANTOR: Robert D. McCullough The foregoing instrument was acknowledged before me this day of , 1998, by Robert D. McCullough, husband of Deborah A. McCullough. Notary Public 63766 2 City of SL Louis Park 41 STATE OF FLORIDA COUNTY OF l GRANTOR: Deborah A. McCullough The foregoing instrument was acknowledged before me this day of 1998, by Deborah A. McCullough, wife of Robert D. McCullough. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 63766 3 City of SL Louis Park Exhibit "A" To Grant of Permanent Easement (Legal Description) ROADWAY EASEMENT FOR 31ST STREET A 60 -foot perpetual easement for street, drainage and utility purposes over, under and across the following described land: All that portion of Burlington Northern Railroad Company's (formerly Great northern Railway Company) 100 -foot wide Hopkins to Hopkins Jct., Minnesota Branch Line right-of-way, now discontinued, being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the North half of Section 18, Township 117 North, Range 21 West of the 5th Principal Meridian, Hennepin County, Minnesota. The centerline of said easement is described as follows: Commencing at the norhteast corner of said Section 18, thence North 89 degrees 34 minutes 47 seconds West, assumed bearing, a distance of 1647.95 feet along the north line of said Section 18 to the westerly line of said Burlington Northern Railroad Company's discontinued right-of-way; thence South 31 degrees 37 minutes 22 seconds West a distance of 559.06 feet along said westerly line; then southerly continuing along said westerly line, a distance of 383.35 feet along a curve concave southeasterly and having a central angle of 7 degrees 32 minutes 08 seconds and a radius of 2914.83 feet to the point of beginning of the centerline to be described; thence South 65 degrees 46 minutes 56 seconds East a distance of 100.00 feet to the easterly line of said discontinued right-of-way and said centerline there terminating. The side lines of said easement shall be prolonged or shortened to terminate on the easterly and westerly lines of said discontinued 100 -foot right-of-way. 63766 -4- City of St. Louis Park r li W (Reserved for Recording Data) GRANT OF PERMANENT EASEMENT 1 THIS AGREEMENT made this day of , 1998, by ROBERT D. McCULLOUGH and DEBORAH A. McCULLOUGH, husband and wife, hereinafter referred to as "Grantors", to the City of St. Louis Park, a Minnesota municipal corporation, the Grantee, hereinafter referred to as "City". WITNESSETH: In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, Grantors hereby grant and convey to the City, its successors and assigns, forever, a permanent easement for public storm sewer purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as described on the attached Exhibit "A" ("Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants,i and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public storm sewer system over, across, on, under, and through the permanent Easement Premises, together with the right to grade, level, fill, drain and excavate the Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public storm sewer system. The City shall restore the Easement Premises to as nearly as equal condition as it was prior to any construction, reconstruction, inspection, repair and maintenance, and shall comply with all City regulations regarding the same,- provided however, the City shall not have the obligation to replant any trees and/or bushes that interfere with the Easement Premises. The above named Grantors, for themselves, their heirs, successors and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described permanent Easement Premises and that they have the sole right to grant and convey the easement to the City. i 63767 _ 1- City of St. Louis Park ah. 55 This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall compromised but a single instrument. IN TESTIMONY WHEREOF, the Grantors hereto has signed this Agreement the day andII year first above written. STATE OF MINNESOTA COUNTY OF ) ) ss. GRANTOR: Robert D. McCullough The foregoing instrument was acknowledged before me this day of , 1998, by Robert D McCullough, husband of Deborah A. McCullough. Notary Public 63767 -2- City of St. Louis Park STATE OF FLORIDA COUNTY OF ) ) ss ) GRANTOR: Deborah A. McCullough The foregoing instrument was acknowledged before me this day of , 1998, by Deborah A. McCullough, wife of Robert D. McCullough. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 63767 -3- City of SL Louis Park • Exhibit "A" To Grant of Permanent Easement (Legal Description) STORM SEWER EASEMENT (Proj. No. 60-35 Storm) A 25 -foot easement for storm sewer purposes over, under and across the following described land: All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 -foot wide Hopkins to Hopkins Jct., Minnesota Branch Line right-of-way, now discontinued, being 50 feet wide one each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the North Half of Section 8, Township 117 North, Range 21 West of the 5th Principal Meridian, Hennepin County, Minnesota The centerline of said easement is described as follows: Commencing at the northeast corner of said Section 18; thence North 89 degrees 34 minutes 47 seconds West, assumed beanng, a distance of 1647.95 feet along the north line of said Section 18 to the westerly line of said Burlington Northern Railroad Company's discontinued right-of-way; thence South 31 degrees 37 minutes 22 seconds West a distance of 559.06 feet along said westerly line; thence southerly, continuing along said westerly line, a distance of 804.18 feet along a curve concave southeasterly and having a central angle of 15 degrees 48 minutes 27 seconds and a radius of 2914.83 feet; thence South 15 degrees 48 minutes 56 seconds West, continuing along said westerly line a distance of 95.04 feet to the point of beginning of the centerline to be described; thence South 89 degrees 27 minutes 49 seconds East a distance of 103 66 feet to the easterly line of said right-of-way and said centerline there terminating. The side lines of said easement shall be prolonged or shortened to terminate on the easterly and westerly lines of said discontinued 100 -foot right-of-way. 63767 -4- City of St. Louis Park r 1 1 , VP (Reserved for Recording Data) GRANT OF PERMANENT EASEMENT THIS AGREEMENT made this day of , 1998, by McCULLOUGH COMPANIES, a Minnesota general partnership, hereinafter referred to as "Grantor", to the City of St. Louis Park, a Minnesota municipal corporation, the Grantee, hereinafter referred to as "City". WITNESSETH: In consideration of the sum of One Dollar ($1 00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants and conveys to the City, its successors and assigns, forever, a permanent easement for public sanitary sewer purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as described on the attached Exhibit "A" INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public sanitary sewer system over, across, on, under, and through the permanent Easement Premises, together with the right to grade, level, fill, drain and excavate the Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public sanitary sewer system. The City shall restore the Easement Premises to as nearly as equal condition as it was prior to any construction, reconstruction, inspection, repair and maintenance, and shall comply with all City regulations regarding the same, provided however, the City shall not have the obligation to replant any trees and/or bushes that interfere with the Easement Premises. The above named Grantor, for itself, its successors and assigns does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described permanent Easement Premises and that it has the sole right to grant and convey the easement to the City 63769 -1- City of St. Louis Park Bch.B!o IN TESTIMONY WHEREOF, the Grantor hereto has signed this Agreement the day and year first above written. STATE OF MINNESOTA COUNTY OF GRANTOR: McCULLOUGH COMPANIES, a Minnesota General Partnership By: Robert D. McCullough Its: General Partner The foregoing instrument was acknowledged before me this day of , 1998, by Robert D. McCullough, General Partner of McCULLOUGH COMPANIES, a Minnesota general partnership, on its behalf. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 63769 -2- City of St. Louis Park Exhibit "A" To Grant of Permanent Easement (Legal Description) SANITARY SEWER EASEMENT (Commercial Plat) (Proj. No. 80-19 San) A perpetual easement for sanitary sewer purposes over, under and across the northerly 20 feet of the following described land: All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 -foot wide Hopkins to Hopkins Jct., Minnesota Branch Line right-of-way, now discontinued, being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the Southwest Quarter of Section 18, Township 117 North, Range 21 West, Hennepin County, Minnesota bounded on the south by the south line of said Section 18 and on the north by the southeasterly extension of the northeasterly boundary line of The Federation Addition, according to the recorded plat thereof, Hennepin County, Minnesota. The side lines of said easement shall be prolonged or shortened to terminate on the easterly and westerly lines of said discontinued 100 -foot right of way. 63769 -3- City of St Louis Park Sq- (Resented for Recording Data) GRANT OF PERMANENT EASEMENT THIS AGREEMENT made this day of , 1998, by McCULLOUGH COMPANIES, a Minnesota general partnership, hereinafter referred to as "Grantor", to the City of St. Louis Park, a Minnesota municipal corporation, the Grantee, hereinafter referred to as "City". WITNESSETH: In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants and conveys to the City, its successors and assigns, forever, a permanent easement for public watermain purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as described on the attached Exhibit "A" ("Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public watermain system over, across, on, under, and through the Easement Premises, together with the right to grade, level, fill, drain and excavate the Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public watermain system. The City shall restore the Easement Premises to as nearly as equal condition as it was pnor to any construction, reconstruction, inspection, repair and maintenance, and shall comply with all City regulations regarding the same, provided however, the City shall not have the obligation to replant any trees and/or bushes that interfere with the Easement Premises. 63772 -1- City of St Louis Park Exh. 137 The above named Grantor, for itself, its successors and assigns does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described permanent Easement Premises and that it has the sole right to grant and convey the easement to the City. IN TESTIMONY WHEREOF, the Grantor hereto has signed this Agreement the day and year first above written. STATE OF MINNESOTA COUNTY OF ) ) ss. GRANTOR: MCCULLOUGH COMPANIES, a Minnesota general partnership By. Robert D. McCullough Its: General Partner 1 The foregoing instrument was acknowledged before me this day of (I , 1998, by Robert D. McCullough, general partner of McCullough Companies, a Minnesota general partnership, on its behalf. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 63772 -2- City of St Louis Park Exhibit "A" To Grant of Permanent Easement (Legal Description) WATERMAIN EASEMENT (Commercial Plat) (Proj. No. 79-42 Water) A 30 -foot perpetual easement for watermain purposes over, under and across that part of the following described land: All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 -foot wide Hopkins to Hopkins Jct., Minnesota Branch Line right-of-way, now discontinued, being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the Southwest Quarter of Section 18, Township 117 North, Range 21 West, Hennepin County, Minnesota, bounded on the south by the south line of said Section 18 and on the north by the southeasterly extension of the northeasterly boundary line of The Federation Addition, according to the recorded plat thereof, Hennepin County, Minnesota. The centerline of said easement is described as follows: Commencing at the southeast corner of said Southwest Quarter of Section 18; thence South 89 degrees 04 minutes 39 seconds West, assumed bearing a distance of 1193 81 feet along the south line of said Southwest Quarter to the westerly line of said Burlington Northern Railroad Company's discontinued nght-of-way; thence North 20 degrees 49 minutes 09 seconds East a distance of 827 79 feet along said westerly line to the point of beginning of the line to be described; thence South 68 degrees 40 minutes 04 seconds East a distance of 100.00 feet to the easterly line of said discontinued railroad right-of- way and said line there terminating. The side lines of said easement shall be prolonged or shortened to terminate on the easterly and westerly lines of said discontinued 100 -foot right-of-way. 63772 -3- City of St. Louis Park (Reserved for Recording Data) GRANT OF PERMANENT EASEMENT THIS AGREEMENT made this day of 1998, by McCULLOUGH COMPANIES, a Minnesota general partnership, hereinafter referred to as "Grantor", to the City of St. Louis Park, a Minnesota municipal corporation, the Grantee, hereinafter referred to as "City" WITNESSETH: In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants and conveys to the City, its successors and assigns, forever, a permanent easement for public trailway purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as described on the attached Exhibit "A" ("Easement Premises") INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public trailway system over, across, on, under, and through the permanent Easement Premises, together with the right to grade, level, fill, drain, pave and excavate the Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public trailway system. The City shall restore the Easement Premises to as nearly as equal condition as it was prior to any construction, reconstruction, inspection, repair and maintenance, and shall comply with all City regulations regarding the same, provided however, the City shall not have the obligation to replant any trees and/or bushes that interfere with the Easement Premises. Grantor reserves the right to grant an easement over the Easement Premises to the current operators of the communications tower and billboard on the property described in 63773 -1- City of St. Louis Park Exh. (3$ Exhibit B hereto for the sole purpose of the use, maintenance and/or repairing of said current communication tower and billboard. The above named Grantor, for itself, its successors and assigns does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described permanent Easement Premises and that it has the sole right to grant and convey the easement to the City. IN TESTIMONY WHEREOF, the Grantor hereto has signed this Agreement the day and year first above written. STATE OF MINNESOTA COUNTY OF GRANTOR: MCCULLOUGH COMPANIES, a Minnesota general partnership By: Robert D. McCullough Its: General Partner The foregoing instrument was acknowledged before me this day of , 1998, by Robert D. McCullough, general partner of McCullough Companies, a Minnesota general partnership, on its behalf. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 63773 -2- City of St. Lours Park r 1 , Exhibit "A" To Grant of Permanent Easement TRAIL EASEMENT (Commercial Plat) A 16 -foot perpetual easement for trail purposes over, under and across the following described land: All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 -foot wide Hopkins to Hopkins Jct., Minnesota Branch Line right-of-way, now discontinued being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the Southwest Quarter of Section 18, Township 117 North, Range 21 West, Hennepin County, Minnesota, bounded on the south by the south line of said Section 18 and on the north by the southeasterly extension of the northeasterly boundary line of The Federation Addition, according to the recorded plat thereof, Hennepin County, Minnesota. The easterly line of said trail easement is described as follows: Commencing at the southeast corner of said Southwest Quarter of Section 18; thence South 89 degrees 04 minutes 39 seconds West, assumed bearing, a distance of 1129.21 feet along the south line of said Southwest Quarter; thence North 20 degrees 49 minutes 09 seconds East a distance of 180.00 feet and said line there terminating. The westerly side line of said easement shall be prolonged to terminate on said south line of said Southwest Quarter of Section 18. Together with a 23 -foot perpetual easement for trail purposes over, under and across the first above described land. The easterly line of said trail easement is described as follows: Beginning at the point of termination of the above described line; thence North 4 degrees 45 minutes 58 seconds West a distance of 106.52 feet to the intersection with a line 14 feet easterly of and parallel with said westerly line of said Burlington Northern Railroad Company's discontinued 100 -foot right-of-way and said line there terminating. Together with a 14 -foot perpetual easement for trail purposes over, under and across the first above described land. The easterly line of said trail is described as follows: Beginning at the point of termination of the last above described line; thence North 20 degrees 49 minutes 09 seconds East a distance of 523.07 feet along said parallel line and said line there terminating. Together with a 14 -foot perpetual easement for trail purposes over, under and across the first above described land. The easterly line of said trail easement is described as follows: Beginning at the point of termination of the last above descnbed line; thence North 5 degrees 10 minutes 37 seconds West a distance of 51.92 feet to said westerly line and said line there terminating. Together with a perpetual easement for trail purposes over, under and across the first above described land lying easterly of the following described line. The easterly line of said easement is described as follows: Commencing at the point of termination of the last above described line; thence North 20 degrees 49 minutes 09 seconds East a distance of 533.66 feet along said westerly line to the point of beginning the line to be described; thence North 30 degrees 36 minutes 05 seconds East a distance of 112.52 feet to said southeasterly extension of the northeasterly boundary line of The Federation Addition and said line there terminating. 63773 -3- City of St. Louis Park ,. 1 EXHIBIT "B" to Grant of Permanent Easement (COMMUNICATION TOWER / SIGN PARCEL) All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 -foot wide Hopkins to Hopkins Jct., Minnesota Branch Line right-of-way, including improvements, if any, now discontinued, being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the Southwest Quarter of Section 18, Township 117 North, Range 21 West, Hennepin County, Minnesota, lying southerly and southeasterly of the following described line: Commencing at the southeast corner of said Southwest Quarter of Section 18; thence South 89 degrees 04 minutes 39 seconds West, assumed bearing, a distance of 1086.15 feet, along the south line of said Southwest Quarter, to an intersection with the easterly line of said Burlington Northern Railroad Company's discontinued 100 -foot right-of-way; thence North 20 degrees 49 minutes 09 seconds East, a distance of 224.00 feet along said easterly line to the point of beginning of the line to be described; thence North 69 degrees 10 minutes 51 seconds West a distance of 44.73 feet; thence South 32 degrees 38 minutes 56 seconds West a distance of 269.61 feet to the intersection of said south line of the Southwest Quarter of Section 18 and the westerly line of said discontinued right-of-way and said line there terminating. 63773 -4_ City of St. Louis Park f e 1 • v bi (Reserved for Recording Data) GRANT OF TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT made this day of , 1998, by McCULLOUGH COMPANIES, a Minnesota general partnership, hereinafter referred to as "Grantor", to the City of St. Louis Park, a Minnesota municipal corporation, the Grantee, hereinafter referred to as "City" WITNESSETH: The Grantor, in consideration of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the City, its successors and assigns, a temporary easement for construction purposes, over, on, across, under, and through the land situated in the County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A". TO HAVE AND TO HOLD the same, unto the City, its contractors, successors and assigns, commencing upon execution of this agreement and expiring December 31, 2000, together with the right of ingress to and egress from the Easement Premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City upon the Permanent Easement Premises hereinafter described, at the will of the City, its contractors, successors and assigns; it being the intention of the parties hereto that the Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described Easement Premises, subject only to the right of the City to use the same for the purposes herein expressed; it being further intentioned by the parties that if any of the City's activities cause any disruption of the surface of the Easement Premises, the City shall cause such surface areas of the Easement Premises to be put back in a condition as close as reasonably possible to the condition which existed prior to the City's activities thereon, provided that the City shall not be required to replace any shrubs, trees or bushes. If the City's activities result in any claims for personal injury or damage to property, the City shall hold harmless from and indemnify Grantor against such claims. 63774 -1- City of SG Louis Park Exh.M The above named Grantor, for itself, its successors and assigns does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described permanent Easement Premises and that it has the sole right to grant and convey the easement to the City. IN TESTIMONY WHEREOF, the Grantor hereto has signed this Agreement the day and year first above written. STATE OF MINNESOTA COUNTY OF ) ss. GRANTOR: MCCULLOUGH COMPANIES, a Minnesota general partnership By. Robert D. McCullough Its: General Partner The foregoing instrument was acknowledged before me this day of , 1998, by Robert D. McCullough, general partner of McCullough Companies, a Minnesota general partnership, on its behalf. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 63774 2 City of St Louis Park 1 r , • t Exhibit "A" To Grant of Permanent Easement TEMPORARY CONSTRUCTION EASEMENT (Commercial Plat) A 36 -foot temporary easement for construction purposes over, under and across the following described land: All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 -foot wide Hopkins to Hopkins Jct., Minnesota Branch Line right-of-way, now discontinued, being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the Southwest Quarter of Section 18, Township 117 North, Range 21 West, Hennepin County, Minnesota, bounded on the south by the south line of said Section 18 and on the north by the southeasterly extension of the northeasterly boundary line of The Federation Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Said temporary construction easement lies 10 feet right and 26 feet left of the following described line: Commencing at the southeast corner of said Southwest Quarter of Section 18, thence South 89 degrees 04 minutes 39 seconds West, assumed bearing, a distance of 1129.21 feet along the south line of said Southwest Quarter; thence North 20 degrees 49 minutes 09 seconds East a distance of 180 00 feet and said line there terminating. The side lines of said easement shall be prolonged or shortened to terminate on said south line of the Southwest Quarter of Section 18. Together with a 43 -foot temporary easement for construction purposes over, under and across the first above described land. Said temporary construction easement lies 10 feet right and 33 feet left of the following described line: Beginning at the point of termination of the above described line; thence North 4 degrees 45 minutes 58 seconds West a distance of 106.52 feet to the intersection with a line 14 feet easterly of and parallel with the westerly line of said Burlington Northern Railroad Company's discontinued 100 -foot right-of-way and said line there terminating. Together with a 10 -foot temporary easement for construction purposes over, under and across that part of the first above described land. Said temporary construction easement lies 10 feet right of the following described line: Beginning at the point of termination of the last above described line; thence North 20 degrees 49 minutes 09 seconds East a distance of 523.07 feet along said parallel line; thence North 5 degrees 10 minutes 37 seconds West a distance of 51.92 feet to said westerly line of the Burlington Northern Railroad Company's discontinued 100 -foot right-of-way; thence North 20 degrees 49 minutes 09 seconds East a distance of 533.66 feet along said westerly line; thence North 30 degrees 36 minutes 05 seconds East a distance of 112.52 feet to an intersection with said southeasterly extension of the northeasterly boundary line of said The Federation Addition and said line there terminating. The easterly line of said construction easement shall be prolonged to terminate on said southeasterly extension of the northeasterly line of said The Federation Addition. 63774 -3- City of St. Louis Park , L EXHIBIT C to REAL ESTATE PURCHASE AGREEMENT (PERMITTED ENCUMBRANCES PER SECTION 5.1.1.) 1. Easement in favor of the City of St. Louis Park, dated September 30, 1969, recorded March 30, 1970 as Document No. 3822942. (36th Street West) 2. Easement in favor of the City of St. Louis Park filed as Document No. 2750535. (Virginia Ave.) 3. Subject to 34th Street West and County Road 5 (Minnetonka Blvd.) as shown on available maps. 4. Subject to Minnehaha Creek. 61173 05 27 EXHIBIT D to REAL ESTATE PURCHASE AGREEMENT (COMMUNICATION TOWER / SIGN PARCEL) All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 -foot wide Hopkins to Hopkins Jct., Minnesota Branch Line right-of-way, including improvements, if any, now discontinued, being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the Southwest Quarter of Section 18, Township 117 North, Range 21 West, Hennepin County, Minnesota, lying southerly and southeasterly of the following described line: Commencing at the southeast corner of said Southwest Quarter of Section 18; thence South 89 degrees 04 minutes 39 seconds West, assumed bearing, a distance of 1086.15 feet, along the south line of said Southwest Quarter, to an intersection with the easterly line of said Burlington Northern Railroad Company's discontinued 100 -foot right-of-way; thence North 20 degrees 49 minutes 09 seconds East, a distance of 224 00 feet along said easterly line to the point of beginning of the line to be described; thence North 69 degrees 10 minutes 51 seconds West a distance of 44.73 feet; thence South 32 degrees 38 minutes 56 seconds West a distance of 269.61 feet to the intersection of said south line of the Southwest Quarter of Section 18 and the westerly line of said discontinued right-of-way and said line there terminating. Currently vested in McCullough Companies PID No. 18-117-21-31-0001 61173 05 28