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HomeMy WebLinkAbout16-059 - ADMIN Resolution - City Council - 2016/04/18RESOLUTION NO. 16-059 RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY WHEREAS, the City of Minneapolis owns approximately 14.54 acres of property (the "Minneapolis Property"): 4.77 acres of property is located in the City of St. Louis Park ("Subject Property"), a portion of which has been leased by Minneapolis to the City of St. Louis Park for Minikanda Vista Park, and 9.77 acres of which is located in the City of Edina; WHEREAS, the City of Minneapolis has indicated a desire to sell the Minneapolis Property and the City, together with the City of Edina, desire to purchase the portions of the Minneapolis Property located in their respective cities for possible park and future development; WHEREAS, the City of Minneapolis has agreed to convey the Subject Property to the City for a purchase price of $609,813.00 and retention of a non-exclusive easement for its pumping station; WHEREAS, the City agrees that the terms proposed for acquisition of the Subject Property are reasonable, conditioned upon the City of Minneapolis entering into a purchase agreement with the City of Edina and that the closing for both transactions be done simultaneously. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The acquisition of the Subject Property as described in the Purchase Agreement attached hereto as Exhibit "A" is approved. 2. The Mayor and City Manager are hereby authorized to execute the Purchase lent and any other documents necessary for the acquisition of the Subject Property. Administration: City Manager Jake Attest: Melilsa Menne y, City Clerk 186672v1 by the City Council April 18, 2016 Resolution No. 16-059 -2- PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made on day of , 2016, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation ("Purchaser"), and the CITY OF MINNEAPOLIS, Minnesota municipal corporation ("Seller"). 2. OFFER/ACCEPTANCE. Purchaser offers to purchase and Seller agrees to sell real property located in the City of St. Louis Park, County of Hennepin, State of Minnesota, legally described in Exhibit A attached hereto (referred to herein as the "Property"). 3. PRICE AND TERMS. The price for the real property included in this sale is Six Hundred Nine Thousand, Eight Hundred Thirteen and No/100 Dollars ($609,813.00) which shall be payable by Purchaser to Seller in cash or certified funds at Closing. 4. DEED/MARKETABLE TITLE. Upon performance by Purchaser, Seller shall execute and deliver a Quit Claim Deed, subject to: A. Reservations of minerals or mineral rights by the State of Minnesota, if any; B. Building and zoning laws, ordinances, state and federal regulations; and C. Easement for public right-of-way and utility purposes over the East 30 feet of the Property. D. Drainage and storm sewer easement as shown in Document No. 4462254. (hereinafter "Permitted Encumbrances"), which deed shall include the following statement: "This deed conveys after-acquired title." 5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. Real Estate Taxes Payable in the Year of Closing. Seller and Purchaser shall prorate all general real estate taxes due and payable on or pertaining to the Property in the year in which the Date of Closing occurs on a per diem basis. If the Property is a portion of one tax parcel, the prorated taxes payable herein shall be determined on a proportionate square footage basis. Seller shall pay on or before the Date of Closing all levied and pending special assessments associated with the Property as of the date of this Agreement. Seller shall pay penalty, interest and costs on any delinquent installment of taxes and special assessments payable in the year of Closing. NOTE: Property is exempt from ad valorem real estate taxes. B. Certified Special Assessments. All installments of special assessments certified for payment with the real estate taxes payable on the Property in the year of Closing shall be paid by Seller at Closing. 186672v1 Resolution No. 16-059 -3- C. All Other Levied Special Assessments. Seller shall pay on the Date of Closing all other special assessments levied against the Property as of the date of this Purchase Agreement. 6. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIENS. Seller represents that buildings on adjoining real property, if any, are entirely outside of the boundary lines of the Property. Seller represents that there has been no labor or material furnished to the Property for which payment has not been made. Seller represents that there are no present violations of any restrictions relating to the use or improvement of the Property. 7. ACCESS PRIOR TO CLOSING. Upon reasonable notice to Seller, Purchaser and Purchaser's authorized agents shall have the right during the period from the date of this Agreement to the Date of Closing to enter in and upon the Property in order to make, at Purchaser's expense, surveys, measurements, soil tests and other tests that Purchaser shall deem necessary. Purchaser agrees to restore any resulting damage to the Property and to indemnify, hold harmless and defend Seller from any and all claims by third persons of any nature whatsoever arising from Purchaser's right of entry hereunder, including all actions, proceedings, demands, assessments, costs, expenses and attorneys' fees. Purchaser shall not perform any invasive testing of the Property without Seller's prior written consent. Seller's consent may be conditioned upon any restrictions that Seller deem necessary. Purchaser shall provide to Seller a copy of any such surveys, measurements, soil tests or other tests within five (5) days after receipt. 8. POSSESSION. Seller shall deliver possession of the Property not later than the actual Date of Closing. 9. TITLE INSURANCE BY SELLER. Within thirty (30) days of the date of this Agreement, Purchaser shall obtain a commitment for an ALTA Owner's Form title insurance policy (the "Commitment") issued by Land Title, Inc. (the "Title Company"), pursuant to which the Title Company agrees to issue to the Purchaser upon the recording of the documents of conveyance referred to herein an Owner's title insurance policy insuring the Property in an amount equal to the Purchase Price. The Commitment shall include proper searches covering bankruptcies, state and federal judgments and liens and levied and pending special assessments, which Commitment: A. Insures that Purchaser has marketable title of record to the Property, free and clear of all liens, encumbrances, leases, claims and charges, all material easements, rights-of- way, covenants, conditions and restrictions and any other matters affecting title, except for Permitted Encumbrances. B. Waives or agrees to insure over the following standard exceptions: (1) Facts which would be disclosed by a comprehensive survey of the Property, if Purchaser obtains, prior to the Closing Date, at Purchaser's sole expense, a survey satisfactory to the Title Company for purpose of waiving the standard exception for survey matters; 186672v1 Resolution No. 16-059 -4- (2) Rights and claims of parties in possession; and (3) Mechanic's, contractor's and material liens and lien claims. Purchaser shall be allowed ten (10) business days after the receipt of the title commitment for examination of title and making any objections, which shall be made in writing or deemed waived. 10. NOTICES. Any notice required to be given to Seller or Purchaser pursuant to this Agreement shall be in writing and shall be deemed duly given: (i) on the date of personal delivery; (ii) one day following dispatch by Express Mail or equivalent or (iii) two (2) days following mailing certified or registered mail, postage prepaid, return receipt requested, to the respective addresses of the parties set out below: Seller: Director of Property Services City of Minneapolis Finance & Property Services Department 350 South 5th Street, Room 223 Minneapolis, Minnesota 55415 With a copy to: Robin Hennessy City of Minneapolis Office of the City Attorney 350 South 5"i St, Room 210 Minneapolis, MN 55415 Purchaser: City Manager City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416-2290 With a copy to: Andrea McDowell Poehler Campbell Knutson, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 11. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 12. WELL DISCLOSURE. [Check one of the following: ] X Seller certifies that Seller does not know of any wells on the Property. Wells on the Property are disclosed by Seller on the attached Well Disclosure form. 1s6672vr Resolution No. 16-059 -5- 13. DISCLOSURE OF INDIVIDUAL ON-SITE SEWAGE TREATMENT SYSTEM. [Check one of the following: ] X Seller certifies that Seller does not know of any individual on-site sewage treatment systems on the Property. Individual on-site sewage treatment systems on the Property are disclosed by Seller on the attached Disclosure form. 14. SELLER'S COVENANTS AND REPRESENTATIONS A. Seller as part of the consideration therefore, represents and covenants with Purchaser and its successors and assigns that: (1) Seller has the present full authority and power to execute this Agreement and, on or prior to the Date of Closing, Seller shall have the full authority and power to close the sale of the Property. B. All of Seller's covenants and representations in this Agreement shall be true as of the date hereof and of the Closing Date, and shall be a condition precedent to the performance of Purchaser's obligations hereunder. If Purchaser discovers that any such covenant or representation is not true, Purchaser may elect prior to Closing, in addition to any of its other rights and remedies, to cancel this Agreement, or Purchaser may postpone the Closing Date up to ninety (90) days to allow time for correction. If Purchaser elects to proceed with the Closing following such discovery, Purchaser shall be deemed to have waived its rights to assert a claim against Seller arising from the inaccuracy or untruthfulness of any such covenant or representation. C. PROTECTED HISTORICAL SITES. [Select either (1) or (2) below:] Seller represents that Seller does not know if there are historical, native American, or archeological materials on or in the Property that might be protected by law. X Seller represents to the best of Seller's knowledge that the property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. Purchaser's obligation to close is contingent upon Purchaser determining to Purchaser's satisfaction that the property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. 15. CLOSING. The closing (the "Closing") shall occur on or before June 30, 2016, except as otherwise extended or terminated as provided under this Agreement. The Closing shall take place at the offices of the Title Company. Unless otherwise agreed by the parties in writing, in the event that any of the contingencies provided for in this Agreement are not satisfied prior to the Date of Closing, this Agreement shall be null and void and of no further force and effect. At closing, Seller and Purchaser shall disclose their Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 186672v1 Resolution No. 16-059 -6- 16. CLOSING DOCUMENTS. A. At the Closing, Seller shall execute and/or deliver to Purchaser the following (collectively the "Closing Documents"): (1) Quit Claim Deed. A Quit Claim Deed in recordable form and reasonably satisfactory to Purchaser, which shall include the following well representations: "Seller certifies that the Seller does not know of any wells on the described Property." The deed shall include the following language: a) Subject to an easement for public right-of-way and utility purposes over the East 30 feet of the Property. b) Subject to a drainage and storm sewer easement as shown in Document No. 4462254. (2) Seller's Affidavit. A standard form affidavit by Seller indicating that on the date of Closing there are no outstanding, unsatisfied judgments, tax liens or banlauptcies against or involving Seller or the Property; that there has been no skill, labor or material furnished to the Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Property. (3) Non -Foreign Person Certification. A certification in form and content satisfactory to the parties hereto and their counsel, properly executed by Seller, containing such information as shall be required by the Internal Revenue Code, and the regulations issued thereunder, in order to establish that Seller is not a "foreign person" as defined in §1445(f)(3) of such Code and such regulations. (4) Storage Tanks. If required, an affidavit with respect to storage tanks pursuant to Minn. Stat. § 116.48. (5) Well Certificate. If there is a well located on the Property, a well disclosure certificate in form and substance hue to form for recording. (6) Certification. A certification that the representations made by Seller are materially the same as were in existence on the date of this Agreement or noting any changes thereto; (7) Other Documents. All other documents reasonably determined by either party or the title insurance company to be necessary to transfer and provide title insurance for the Property. B. At the Closing, Purchaser shall execute and deliver to Seller the following: (1) All documents reasonably determined by either party or the title insurance company to be necessary to provide title insurance for the Property; 1866721 Resolution No. 16-059 -7- (2) Payment of the Purchase Price; (3) Utility Easement identified in Paragraph 19(A)(3). 17. "AS IS" PURCHASE. Except as specifically set forth in this Agreement or any document contemplated hereby, (i) the Property is being sold, conveyed, assigned, transferred and delivered "as is, where is" on the date hereof and in its condition on the date hereof, "with all faults," and Seller is not making, and expressly disclaims, any other representation or warranties written or oral, statutory, express or implied, concerning the Property, including but not limited to, representations or warranties relating to value or quality of the Property or the prospects, financial or otherwise, risks or other incidents of the Property or with respect to this Agreement or the transactions contemplated hereby or thereby, and (ii) Seller specifically disclaims any representation or warranty of merchantability, usage, suitability or fitness for any particular purpose with respect to the Property or any part thereof, or as to the workmanship thereof, or the absence of any defects therein, whether latent or patent. 18. CLOSING COSTS. A. The following costs relating to the closing of this transaction shall be paid by Seller: (1) State Deed Tax; (2) All costs of obtaining a title insurance commitment; (3) The premium for an owner's title insurance policy; (4) One-half of the closing fee charged by the Title Company and any other fees charged by the Title Company; and (5) Recording fee attributable to the Quit Claim Deed, the public road and utility easements identified in Paragraph 4(C), the Utility Easement identified in Paragraph 19(A)(3). B. The following costs relating to the closing of this transaction shall be paid by Purchaser as follows: (1) The costs for engineers or other consultants, if any engaged by Purchaser regarding the Property; and (2) One-half the closing fee charged by the Title Company and any other fees charged by the Title Company. 19. CONTINGENCIES AND ADDITIONAL TERMS. A. The Seller's obligations under this Agreement are expressly contingent upon Seller's satisfaction with each of the following prior to Closing: 186672vl Resolution No. 16-059 -8- (1) Seller has entered into a Purchase Agreement for the sale to the City of Edina of Seller's property located in Edina that abuts the Property on terms satisfactory to Seller ("Edina Purchase Agreement") and the Edina Purchase Agreement is closed simultaneously with the closing of the transaction contemplated under this Agreement. (2) The City of St. Louis Park has taken no action to rezone the Property from its current zoning. (3) The City of St. Louis Park granting a permanent non-exclusive utility and access easement to the City of Minneapolis for the City of Minneapolis' existing pumping station in the form attached hereto as Exhibit B ("Utility Easement"). The contingencies set forth in this section are for the sole and exclusive benefit of Seller, and Seller shall have the right to waive the contingencies by giving notice to Purchaser. B. The Purchaser's obligations under this Agreement are expressly contingent upon Purchaser's satisfaction with each of the following prior to Closing: (1) Purchaser determining on or before the Closing Date, that it is satisfied, in its sole discretion, with the results of matters disclosed by any survey, Phase I Environmental Audit or by any environmental/engineering investigation or testing of the Property performed by Purchaser or Purchaser's agent. By executing this Agreement, Seller hereby authorizes Purchaser to enter upon the Property at reasonable times to conduct the investigations and/or tests described herein. Purchaser shall be solely responsible for all environmental tests and shall hold Seller harmless from any such costs and shall indemnify Seller for breach of this provision including reasonable attorneys' fees. (2) Seller providing to Purchaser within 10 days of the execution of this Agreement, true and correct copies of any existing surveys, permits, licenses, leases, and complete copies of all contracts currently affecting the Property readily available or in the possession of Seller, and notices received within the last 90 days from the city, state or other governmental authorities pertaining to uncured violations of any law, ordinance or regulation. (3) Purchaser determining that it is satisfied with the title to the Property. (4) The City of Minneapolis preparing the deed required under this Agreement in a form approved by the City of St. Louis Park. (5) Seller has entered into a Purchase Agreement for the sale to the City of Edina of Seller's property located in Edina that abuts the Property on terms satisfactory to Seller ("Edina Purchase Agreement") and the Edina Purchase 186672v1 Resolution No. 16-059 -9- Agreement is closed simultaneously with the closing of the transaction contemplated under this Agreement. The contingencies set forth in this section are for the sole and exclusive benefit of Purchaser, and Purchaser shall have the right to waive the contingencies by giving notice to Seller. 20. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement. 21. MULTIPLE ORIGINALS. Seller and Purchaser have signed two (2) originals of this Purchase Agreement. REMAINDER OF THIS PAGE LEFT BLANK 186672vl Resolution No. 16-059 -10- The parties have executed this Agreement as of the day and year set forth above. PURCHASER: City of St. Louis Park By: Jake Spano, Mayor Thomas K. Harmening, City Manager SELLER: City of Minneapolis Approved as to Form By: Assistant City Attorney By: Finance Officer 1s6672vt Resolution No. 16-059 11 - EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The South Half of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 7, Township 28, Range 24, Hennepin County, Minnesota. 186672v1 Resolution No. 16-059 -12- EXHIBIT B EASEMENT AGREEMENT THIS AGREEMENT made this day of , 2016, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation, hereinafter referred to as "Grantor", and the CITY OF MINNEAPOLIS, a Minnesota municipal corporation, the Grantee, hereinafter referred to as "Grantee". RECITALS A. Grantor is the owner of the real property located in the City of St. Louis Park, Minnesota, County of Hennepin, State of Minnesota legally described in Exhibit "A" attached hereto ("Subject Property"); B. Grantee owns and operates a water pumping station and related water improvements on Grantor's Property C. Grantee conveyed the Subject Property to Grantor conditioned upon Grantor and Grantee executing this easement agreement for Grantee to continue to operate the pumping station and related utilities on the Subject Property. NOW, THEREFORE, in consideration of the sale of the Subject Property, the terms and conditions of this Agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Grantor does hereby grant and convey to Grantee, its successors and assigns, forever, a permanent non-exclusive easement for constructing, operating, repairing, maintaining, replacing and/or removing a pumping station, piping (for purposes of transporting water to the City's water treatment plant) and associated telecommunications and electronic equipment (collectively "Public Utility") over, on, across, under and through the land 186672v1 Resolution No. 16-059 -13- situated in the County of Hennepin, State of Minnesota, legally described on the attached Exhibit "B" and depicted on the attached Exhibit "C" ("Easement Premises"). This grant shall include the right of the Grantee, its contractors, agents, servants and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, maintain, replace and remove the Public Utility systems within 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 the Public Utility. 2. Grantor Use. Grantor hereby grants the uses identified in Paragraph 1 without divesting itself of the right to use and enjoy the Easement Premises provided: (i) Grantor's use does not interfere with Grantee's use of the same for the purposes herein expressed and (ii) Grantor does not erect a building within the Easement Premises, unless otherwise authorized by Grantee in writing. In addition to other uses, Grantor is specifically authorized to construct a parking area within the Easement Premises and to use the current driveway located within the Easement Premises for public access to the parking area. 3. Grantee Responsibilities. a. Grantee shall be solely responsible, at its expense, for the installation, maintenance, repair and replacement of the Public Utilities located within the Easement Premises. b. Grantee will repair or replace, at its sole cost and expense, any damages to the Easement Premises or any improvements thereon caused by Grantee's construction, installation, maintenance, repair, replacement, inspection or removal of the Public Utility system. Such obligation will require Grantee to return the Easement Premises to substantially the same condition 186672vl Resolution No. 16-059 -14- as existed prior such damage, with the exception that the Public Utility improvements will thereafter continue to be located on the Easement Premises. C. Grantee shall use the Easement Premises for the uses identified in this Agreement and for no other purpose. The construction, installation, maintenance and use of the Public Utility system must be performed in compliance with all applicable laws, and related requirements of applicable governmental and regulatory authorities, including, but not limited to, environmental laws and regulations. 4. Barriers. Barriers or other obstructions restricting, limiting, interfering, or bloeldng the Easement Premises may not be installed, erected or maintained by either Party without prior approval of the other Party to this Agreement. 5. Indemnification and Insurance. Each party to this Agreement shall be liable for the acts of their own officers, employees, agents, contractors, guests, invitees, successors and assigns and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers; employees and/or agents. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from a party's acts or omissions. Each party warrants that they have an insurance or self- insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466, and will continue such insurance during the term of this Agreement. 6. Termination. If Grantee discontinues use of the Public Utility, this Agreement shall terminate. Upon termination, Grantee shall seal the well at the street. Grantee shall have no obligation to remove the Public Utility improvements upon termination. 1866720 Resolution No. 16-059 -15- 7 Modification. This Agreement may not be modified or amended unless such modification or amendment is signed by all of the then owners of the Subject Property and by Grantee. 8. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota 9. Counterparts. This Agreement may be executed in two or more counterparts each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. IN TESTIMONY WHEREOF, the parties hereto have signed this Agreement the day and year first above written. [signature pages to follow) 18667zvt Resolution No. 16-059 -16- GRANTOR: CITY OF ST. LOUIS PARK Jake Spano, Mayor Thomas K. I-Ialmening, City Manager STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2016, by Jake Spano and by Thomas K. Harmening, respectively the Mayor and 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. Notary Public 186672v1 Resolution No. 16-059 -17- GRANTEE: CITY OF MINNEAPOLIS And: STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2016, by and , respectively the and of the City of Minneapolis, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNursoN Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suits 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 186672vl Resolution No. 16-059 -18- EXHIBIT "A" TO EASEMENT AGREEMENT The South Half of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 7, Township 28, Range 24, Hennepin County, Minnesota. 186672vl Resolution No. 16-059 -19- EXHIBIT "B" TO EASEMENT AGREEMENT A permanent non-exclusive utility and access easement over, under, across and through that part of the South Half of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 7, Township 28, Range 24, Hennepin County, Minnesota described as follows: Commencing at the southeast corner of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter said Section 7, Township 28, Range 24; thence North 89 degrees 18 minutes 22 seconds West, an assumed bearing along the south line of said Southeast Quarter of the Northeast Quarter of the Northeast Quarter a distance of 30.00 feet to a point on the westerly right of way line of France Avenue South, said point being the point of beginning the the easement to be described; thence continue North 89 degrees 18 minutes 22 seconds West along said south line, a distance of 125.00 feet; thence North 00 degrees 41 minutes 38 seconds East, a distance of 125.00 feet; thence South 89 degrees 18 minutes 22 seconds East, a distance of 125.00 feet to the westerly right of way line of said France Avenue South; thence South 00 degrees 18 minutes 00 seconds West, along said westerly right of way line to the point of beginning. 186672v1 Resolution No. 16-059 -20- EXIEMIT "C" TO EASEMENT AGREEMENT 186672vt I r ',c"' r I J.r I ( J 5897822 v" I r----- 125.00 _ __ 1'oI______i EA8EMENT ----- 2.8 I �� aNr� AREA 40 INI, =^I I I 1 I I ' I I _--- J.-`N8978'22"W .............. f2`S.OQ , -SMI ST CORNER LY RIE sF 1/1 M897 q202 -W, R A'E I/I OF RlE NE 1/1 mum LWE w mE sE 1/+ of --� RVE NE 1/1 CE R NE 1/1 0 50 IGO SCALE IN FEET EASEMENT DESCRIPTION, That part of the South Half of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 7, Township 28, Range 24, Hennepin County, Minnesota described as follows: Commencing at the southeast corner of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter sold Section 7, Township 28, Range 24; thence North 89 degrees 18 minutes 22 seconds West, an assumed bearing along the south line of sold Southeast Quarter of the Northeast Quarter of the Northeast Quarter a distance of 30.00 feet to a paint on the westerlyy right of way line of France Avenue South, said point being the point of beginning the the easement to be described; thence continue North 89 degrees 18 minutes 22 seconds West along sold south line, a distance of 125.00 feet; thence North 00 degrees 41 minutes 38 seconds East, a distance of 125.00 feet; thence South 89 degrees 18 minutes 22 seconds East, a distance of 125.00 feet to the westerly right of way line of said France Avenue South; thence South 00 degrees 18 minutes 00 seconds West, along sold westerly right of way line to the point of beginning. EASEMENT EXHIBIT FOR: 1229 Tgtsr Strwt HE, SuXo 100 THE CITY OF MINNEAPOLIS Hirmaopolis, Minnesota 95413 PHONE: (612) 466-3300 IIEFN SITE LOCATION: 3940 Avenue South Egan, FAX: (612) 466.3383 field & H, IriC WWW.EfNSURVEY.COM SL Louisuis Pa Park, Minnesota 55428OWakcarwraa0 W1s ey raw. FEW a NoeM. we tend uurvegor4 ulnae 1472 FILE NO. 5534 DRAWING NAME: 35350-EASEdwg 186672vt