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HomeMy WebLinkAbout21-124 - ADMIN Resolution - City Council - 2021/10/18Resolution No. 21-124 Resolution approving preliminary and final plat of Bereks Addition 9808 and 9920 Wayzata Boulevard Whereas, ESG Architects on behalf of Bigos Management, subdivider of land proposed to be platted as Bereks Addition, has submitted an application for preliminary and final plat in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. Whereas, the proposed plat is situated upon lands in Hennepin County, Minnesota, legally described in “Exhibit A” attached hereto. Whereas, legal notice was published in the official newspaper and mailed to property owners within 500 feet of the subject property at least 10 days prior to the scheduled public hearing regarding the application. Whereas, the Planning Commission held a public hearing on October 6, 2021, and the commission voted 5-0 to recommend approval of the preliminary and final plat with conditions. Whereas, the proposed preliminary and final plat has been found to be in all respects consistent with the Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. Now therefore be it resolved the preliminary and final plat of Bereks Addition are hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk and subject to the following conditions: 1. City council approval of the comprehensive plan amendment to high density residential and Metropolitan Council authorization of the comprehensive plan amendment associated with the development applications. 2. The site shall be developed, used and maintained in accordance with the conditions of the planned unit development ordinance, approved Official Exhibits and City Code. 3. This approval is subject to city approval of the vacation of the easterly and southerly right-of-way parcels, and the developer successfully acquiring said vacated right-of-way parcels from the St. Louis Park Economic Development Authority. 4. All utility service structures shall be buried. If any utility service structure cannot be buried (i.e. electric transformer), it shall be integrated into the building design and 100% screened from off-site with materials consistent with the primary façade materials. 5. The on-site underground storm water management systems shall be privately owned and privately maintained. Access to the system shall be provided to the city for clean- out and inspection purposes when warranted. DocuSign Envelope ID: C6A644CB-1469-44D4-A3A9-212FC94322A2 Resolution No. 21-124 2 6. Prior to the City signing and releasing the final plat to the developer for filing with Hennepin County: a. A financial security in the form of a cash escrow or letter of credit in the amount of $1,000 shall be submitted to the city to ensure that a signed Mylar copy of the final plat is provided to the city. b. The developer shall pay to the city the park dedication fee of $349,500 and the trail dedication fee of $52,425. c. A planning development contract shall be executed between the city and developer that addresses, at a minimum: i. The installation of all public improvements including, but not limited to, sidewalks, boulevard landscaping and the execution of necessary easements related to such improvements. ii. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park in the amount of 1.25 times the estimated costs for the installation of all public improvements (sidewalks and boulevard landscaping), placement of iron monuments at property corners, and site landscaping and design outdoor recreation area amenities. iii. An encroachment agreement for any private improvements in the public drainage and utility easements. iv. The applicant shall reimburse City Attorney’s fees incurred drafting, reviewing and administering such documents as required in the final plat approval. v. The mayor and city manager are authorized to execute the planning development contract. 7. Prior to starting any land disturbing activities, the following conditions shall be met: a. Proof of recording the final plat shall be submitted to the City. b. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and city representatives. c. All necessary permits shall be obtained. d. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park for all public improvements (sidewalks, boulevard landscaping, etc.) and site landscaping and designed outdoor recreation area amenities. It is further resolved the City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named subdivider, who is the applicant herein. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth have been fulfilled. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26- 123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. DocuSign Envelope ID: C6A644CB-1469-44D4-A3A9-212FC94322A2 Resolution No. 21-124 3 The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for administration: Adopted by the City Council October 18, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk DocuSign Envelope ID: C6A644CB-1469-44D4-A3A9-212FC94322A2 Resolution No. 21-124 4 Exhibit A: legal description That part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117, Range 22 described as beginning at point on the most Southerly line of Lot 1, Block 7 Shelard Park distant 315.25 feet Easterly from the West line of said Southeast Quarter of the Northeast Quarter as measured along said most Southerly line of Lot 1; thence North 87 degrees 41 minutes 54 seconds East (assuming said West line has a bearing of South 1 degree 11 minutes 16 seconds West) along said most Southerly line of Lot 1 and its Easterly extension a distance of 317.55 feet to the Northerly extension of the West line of Lot 4 said Block 7; thence South 2 degrees 03 minutes 09 seconds West along said Northerly extension of the West line of Lot 4 and the West line of said Lot 4, a distance of 119.74 feet; thence South 64 degrees 01 minutes 24 seconds West a distance of 197.53 feet; thence South 87 degrees 44 minutes 40 seconds West a distance of 139.87 feet to the intersection with a line bearing South 1 degree 14 minutes 59 seconds West from the point of beginning; thence North 1 degree 14 minutes 59 seconds East a distance of 198.98 feet to the point of beginning. The boundary lines of above-described land have been marked by Judicial Landmarks set pursuant to Torrens Case No. 19207. AND: That part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117, Range 22 described as beginning at a point on the most Southerly line of Lot 1, Block 7, Shelard Park distant 315.25 feet Easterly from the West line of said Southeast Quarter of the Northeast Quarter as measured along said most Southerly line of Lot 1; thence South 87 degrees 41 minutes 54 seconds West along said most Southerly line of Lot 1 to said West line (assuming said West line has a bearing of South 1 degree 11 minutes 16 seconds West) a distance of 315.25 feet; thence South 1 degree 11 minutes 16 seconds West along said West line a distance of 144.56 feet; thence South 77 degrees 38 minutes 16 seconds East a distance of 214.20 feet; thence North 87 degrees 44 minutes 40 seconds East a distance of 104.50 feet to the intersection with a line bearing South 1 degree 14 minutes 59 seconds West from the point of beginning; thence North 1 degree 14 minutes 59 seconds East a distance of 198.98 feet to the point of beginning. The boundary lines of the above-described land have been marked by Judicial Landmarks set pursuant to Torrens Case No. 17713. AND: Par 1: That part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117, Range 22, and that part of Parcel 44 on Minnesota Department of Transportation Right of Way Plat No. 27-23, which lies northerly of the southerly and southwesterly lines of said Parcel 44 and the northwesterly extension of said southwesterly line; westerly of the southerly extension of the West line of Lot 4, Block 7, Shelard Park; southerly and easterly of the following described line: Commencing at a point on the most southerly line of Lot 1, Block 7, Shelard Park distant 315.25 feet easterly from the west line of said Southeast Quarter of the Northeast Quarter as DocuSign Envelope ID: C6A644CB-1469-44D4-A3A9-212FC94322A2 Resolution No. 21-124 5 measured along said most southerly line of Lot 1; thence North 87 degrees 41 minutes 54 seconds East (assuming the west line of said Southeast Quarter of the Northeast Quarter has a bearing of South 01 degree 11 minutes 16 seconds West) along said most southerly line of Lot 1 and its easterly extension 317.55 feet to the Northerly extension of the west line of Lot 4, said Block 7; thence South 02 degrees 03 minutes 09 seconds West along said northerly extension of the west line of Lot 4 and the west line of said Lot 4 a distance of 119.74 feet to the point of beginning of the line being described; thence South 64 degrees 01 minute 24 seconds West a distance of 197.53 feet; thence South 87 degrees 44 minutes 40 seconds West 139.87 feet to the intersection with a line bearing South 01 degree 14 minutes 59 seconds West from the point of commencement; thence South 01 degree 14 minutes 59 seconds West to the southerly line of said Parcel 44, and there terminating; and northerly of Line 1. Line 1 is described as follows: Commencing at Right of Way Boundary Corner B212 as shown on said Plat No. 27-23; thence northerly on an azimuth of 00 degrees 13 minutes 27 seconds along the west line of the boundary of said Plat No. 27-23 a distance of 484.26 feet to Right of Way Boundary Corner B211 and the point of beginning of the line being described; thence easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the boundary of said Plat No. 27-23 a distance of 214.28 feet to Right of Way Boundary Corner B1; thence continue on an azimuth of 101 degrees 20 minutes 23 seconds 93.00 feet; thence deflect to the left 350.87 feet on a non- tangential curve, concave to the north and passing through Right of Way Boundary Corner B2 as shown on said Plat No. 27-23, having a radius of 763.94 feet, a delta angle of 26 degrees 18 minutes 56 seconds, and a chord azimuth of 70 degrees 47 minutes 34 seconds to the easterly line of said Parcel 44; thence on an azimuth of 01 degree 05 minutes 15 seconds 7.37 feet to Right of Way Boundary Corner B3 as shown on said Plat No. 27-23 and there terminating. The northerly line of the above land has been marked by Judicial Landmarks set pursuant to Order Doc. No. T2062170 in Torrens Case No. 19207. ALSO: That part of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117, Range 22, and that part of Parcel 44 on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 27-23, which lies northerly of the southerly and southwesterly lines of said Parcel 44 and the northwesterly extension of said southwesterly line; easterly of the West line of said Southeast Quarter of the Northeast Quarter of Section 1; southerly and westerly of the following described line: Commencing at a point on the most southerly line of Lot 1, Block 7, Shelard Park distant 315.25 feet easterly from the west line of said Southeast Quarter of the Northeast Quarter as measured along said most southerly line of Lot 1; thence South 87 degrees 41 minutes 54 seconds West along said most southerly line of Lot 1 to said west line (assuming said west line has a bearing of South 01 degree 11 minutes 16 seconds West) a distance of 315.25 feet; thence South 01 degree 11 minutes 16 seconds West along said west line 144.56 feet to a point 2.37 feet north of Right of Way Boundary Corner B211 as shown on said Plat No. 27-23, and the point of beginning of the line being described; thence South 77 degrees 38 minutes 16 seconds DocuSign Envelope ID: C6A644CB-1469-44D4-A3A9-212FC94322A2 Resolution No. 21-124 6 East a distance of 214.20 feet; thence North 87 degrees 44 minutes 40 seconds East 104.50 feet to the intersection with a line bearing South 01 degree 14 minutes 59 seconds West from the point of commencement; thence South 01 degree 14 minutes 59 seconds West to the southerly line of said Parcel 44, and there terminating; and northerly of Line 1. Line 1 is described as follows: Commencing at Right of Way Boundary Corner B212 as shown on said Plat No. 27-23; thence northerly on an azimuth of 00 degrees 13 minutes 27 seconds along the west line of the boundary of said Plat No. 27-23 a distance of 484.26 feet to Right of Way Boundary Corner B211 and the point of beginning of the line being described; thence easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the boundary of said Plat No. 27-23 a distance of 214.28 feet to Right of Way Boundary Corner B1; thence continue on an azimuth of 101 degrees 20 minutes 23 seconds 93.00 feet; thence deflect to the left 350.87 feet on a non- tangential curve, concave to the north and passing through Right of Way Boundary Corner B2 as shown on said Plat No. 27-23, having a radius of 763.94 feet, a delta angle of 26 degrees 18 minutes 56 seconds, and a chord azimuth of 70 degrees 47 minutes 34 seconds to the easterly line of said Parcel 44; thence on an azimuth of 01 degree 05 minutes 15 seconds 7.37 feet to Right of Way Boundary Corner B3 as shown on said Plat No. 27-23 and there terminating. The northerly line of the above land has been marked by Judicial Landmarks set pursuant to Order Doc. No. T2062169 in Torrens Case No. 17713. ALSO That part of Trunk Highway No. 12 as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 27-23 described as follows: Beginning at right of way Boundary corner B3; thence on an assumed azimuth of 1 degree 05 minutes 15 seconds along the boundary line of said plat a distance of 86.85 feet to Right of Way Boundary Corner B4; thence deflect to the right 83.74 feet along a non-tangential curve concave to the northwest and passing through Right of Way Boundary Corner B5, having a radius of 2083.24 feet, central angle of 2 degrees 18 minutes 11 seconds, chord azimuth of 48 degrees 18 minutes 24 seconds and chord distance of 83.73 feet; thence on an azimuth of 91 degrees 27 minutes 32 seconds a distance of 98.89 feet; thence southwesterly deflecting to the right on a non-tangential curve concave to the northwest having a radius of 788.53 feet, delta angle of 15 degrees 42 minutes 58 seconds, and a chord azimuth of 229 degrees 07 minutes 59 seconds and chord distance of 215.62 feet to the East line of Parcel 44 as shown on said plat 27- 23; thence north along said East line of Parcel 44 to the point of beginning. AND That part of Trunk Highway No. 12 as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 27-23 which lies southwesterly and southerly of Line 1, said Line 1 being described as follows: DocuSign Envelope ID: C6A644CB-1469-44D4-A3A9-212FC94322A2 Resolution No. 21-124 7 Commencing at Right of Way Boundary Corner B212 as shown on said Plat No. 27-23; thence Northerly on an azimuth of 00 degrees 13 minutes 27 seconds along the West line of the boundary of said Plat No. 27-23 a distance of 484.26 feet to Right of Way Boundary Corner B211 and the point of beginning of the line being described; thence Easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the boundary of said Plat No. 27-23 a distance of 214.28 feet to Right of Way Boundary Corner B1; thence continue on an azimuth of 101 degrees 20 minutes 23 seconds 93.00 feet; thence deflect to the left 350.87 feet on a non- tangential curve, concave to the North and passing through Right of Way Boundary Corner B2 as shown on said Plat No. 27-23, having a radius of 763.94 feet, a delta angle of 26 degrees 18 minutes 56 seconds, and a chord azimuth of 70 degrees 47 minutes 34 seconds to the Easterly line of said Parcel 44; thence on an azimuth of 01 degree 05 minutes 15 seconds 7.37 feet to Right of Way Boundary Corner B3 as shown on said Plat No. 27-23 and there terminating. And northerly of the following described line and its easterly extension: Commencing at the point of intersection of the West line of the Southeast Quarter of the Northeast Quarter of Section 1, Township 117, Range 22, with the most southerly line of Lot 1, Block 7, SHELARD PARK; thence on an assumed bearing of South 0 degrees 39 minutes 11 seconds West along said West line a distance of 187.99 feet to the point of beginning of the line being described; thence along a non-tangential curve concave to the northeast having a radius of 788.53 feet, central angle of 7 degrees 43 minutes 57 seconds, chord bearing of South 78 degrees 42 minutes 56 seconds East to its intersection with the most westerly extension of the southerly line of said Parcel 44; thence easterly along said extension of the most southerly line of said Parcel 44 to its intersection with Line 1 described above, and said line there ending. DocuSign Envelope ID: C6A644CB-1469-44D4-A3A9-212FC94322A2 Elliott B.Knetsch Joel J.Jamnik Andrea McDowell Poehler Soren M.Mattick David S.Kendall Henry A.Schaeffer,III Alina Schwartz Shana N.Conklin James ].Monge,III Jerome M.Porter Leah C.M.Koch Meagan K.Kelley Benjamin J.Colburn Jared D.Shepherd Thomas J.Campbell Roger N.Knutson* Retired CAMPBELL KNUTSON 'PROFESSIONAL♦ASSOCIATION November 17,2021 Mr.Chase Peterson-Etem City of St.Louis Park Office of the City Clerk 5005 Minnetonka Blvd St.Louis Park,MN 55416 Re:Miscellaneous Recordings Dear Mr.Peterson-Etem: Please find enclosed,for the City's files,the following document which was e- recorded with Hennepin County: •Resolution No.21-124 recorded November 3,2021 with the office of the Hennepin County Registrar of Titles as Torrens Document No.T5894990. We continue to experience delays in receiving receipts of e-recordings along with copies of e-recorded documents from Hennepin County. This document was e-recorded.Therefore,I have stapled the e-recorded document to the original document that was provided for recording. Ifyou have any questions regarding the above,please give me a call. Thank you. Very truly yours, Grand Oak Office Center I 860 Blue Gentian Road Suite 290 Eagan,Minnesota 55121 Main:651-452-5000 Fax:651-234-6237 www.ck-law.com Enclosures/smt 204894vl0 CAMPBELL KNUTSON Professional Association By Vs/StuartM.Teigen Stuart M.Teigen,Legal Assistant RECEIVED NOV 1 7 2021 OFFICE OF THE CITY CLER¥ Nov3,202111:12AM Hennepin County,Minnesota Mark ChapinCountyAuditorandTreasurer 1111 Ill 111111111111111 LAND TYPE Torrens (T) DOC NUM 5894990 Certified,filed and/or recorded on Nov 3,2021 11:12 AM Office of the Registrar of Titles Hennepin County,Minnesota Amber Bougie,Registrar of Titles Mark Chapin,County Auditor and Treasurer Deputy 26 Pkg ID 2347506E Existing Certs 1472183,1472181,1472182 Document Recording Fee Multiple Certificates Affected Fee Document Total $46.00 $40.00 $86.00 This cover sheet is now a permanent part of the recorded document. DocuSign Envelope ID:C6A644CB-1469-44D4-A3A9-212FC94322A2 ff)St.Louis ParkJIIvisor STATE OF MINNESOTA ) COUNTY OF HENNEPIN )ss CITY OF ST.LOUIS PARK ) The undersigned hereby certifies the following: Administration Office 5005 Minnetonka Blvd. St.Louis Park,MN 55416 952.928.2840 "CITY COUNCIL RESOLUTION" 1)The attached is a full,true and correct copy of the original Resolution No.21-124 adopted October 18,2021,and on file in the Office of the City Clerk. 2)The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St.Louis Park. DocuSignedby: Melissa Kennedy City Clerk Date:10/19/2021 DocuSign Envelope ID:C6A644CB-1469-44D4-A3A9-212FC94322A42 Resolution No.21-124 Resolution approving preliminary and final plat of Bereks Addition 9808 and 9920 Wayzata Boulevard Whereas,ESG Architects on behalf of Bigos Management,subdivider of land proposed to be platted as Bereks Addition,has submitted an application for preliminary and final plat in the manner required for platting of land under the St.Louis Park Ordinance Code,and all proceedings have been duly had thereunder. Whereas,the proposed plat is situated upon lands in Hennepin County,Minnesota,legally described in "Exhibit A"attached hereto. Whereas,legal notice was published in the official newspaper and mailed to property owners within 500 feet of the subject property at least 10 days prior to the scheduled public hearing regarding the application. Whereas,the Planning Commission held a public hearing on October 6,2021,and the commission voted 5-0 to recommend approval of the preliminary and final plat with conditions. Whereas,the proposed preliminary and final plat has been found to be in all respects consistent with the Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St.Louis Park. Now therefore be it resolved the preliminary and final plat of Bereks Addition are hereby approved and accepted by the City as being in accord and conformity with all ordinances,City plans and regulations of the City of St.Louis Park and the laws of the State of Minnesota, provided,however,that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk and subject to the following conditions: 1.City council approval of the comprehensive plan amendment to high density residential and Metropolitan Council authorization of the comprehensive plan amendment associated with the development applications. 2.The site shall be developed,used and maintained in accordance with the conditions of the planned unit development ordinance,approved Official Exhibits and City Code. 3.This approval is subject to city approval of the vacation of the easterly and southerly right-of-way parcels,and the developer successfully acquiring said vacated right-of-way parcels from the St.Louis Park Economic Development Authority. 4.All utility service structures shall be buried.If any utility service structure cannot be buried (i.e.electric transformer),it shall be integrated into the building design and 100% screened from off-site with materials consistent with the primary facade materials. 5.The on-site underground storm water management systems shall be privately owned and privately maintained.Access to the system shall be provided to the city for clean- out and inspection purposes when warranted. DocuSign Envelope ID:C6A644CB-1469-44D4-A3A9-212FC94322A42 Resolution No.21-124 2 6.Prior to the City signing and releasing the final plat to the developer for filing with Hennepin County: a.A financial security in the form of a cash escrow or letter of credit in the amount of $1,000 shall be submitted to the city to ensure that a signed Mylar copy of the final plat is provided to the city. b.The developer shall pay to the city the park dedication fee of $349,500 and the trail dedication fee of $52,425. c.A planning development contract shall be executed between the city and developer that addresses,at a minimum: i.The installation of all public improvements including,but not limited to, sidewalks,boulevard landscaping and the execution of necessary easements related to such improvements. ii.A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St.Louis Park in the amount of 1.25 times the estimated costs for the installation of all public improvements (sidewalks and boulevard landscaping),placement of iron monuments at property corners,and site landscaping and design outdoor recreation area amenities. iii.An encroachment agreement for any private improvements in the·public drainage and utility easements. iv.The applicant shall reimburse City Attorney's fees incurred drafting, reviewing and administering such documents as required in the final plat approval. v.The mayor and city manager are authorized to execute the planning development contract. 7.Prior to starting any land disturbing activities,the following conditions shall be met: a.Proof of recording the final plat shall be submitted to the City. b.A preconstruction meeting shall be held with the appropriate development, construction,private utility,and city representatives. c.All necessary permits shall be obtained. d.A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St.Louis Park for all public improvements (sidewalks,boulevard landscaping,etc.)and site landscaping and designed outdoor recreation area amenities. It is further resolved the City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named subdivider,who is the applicant herein. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth have been fulfilled. Such execution of the certificate upon said plat by the City Clerk,as required under Section 26- 123(1)j of the St.Louis Park Ordinance Code,shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. DocuSign Envelope ID:C6A644CB-1469-44D4-A3A9-212FC94322A2 Resolution No.21-124 3 The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for administration: ~DocuSignedby:le Kim Keller,city manager Attest: Melissa Kennedy,city clerk Adopted by the City Council October 18,2021 QDocuSigned by:2@e- Jake Spano,mayor DocuSign Envelope ID:C6A644CB-1469-44D4-A3A49-212FC94322A2 Resolution No.21-124 4 Exhibit A:legal description That part of the Southeast Quarter of the Northeast Quarter of Section 1,Township 117,Range 22 described as beginning at point on the most Southerly line of Lot 1,Block 7 Shelard Park distant 315.25 feet Easterly from the West line of said Southeast Quarter of the Northeast Quarter as measured along said most Southerly line of Lot 1;thence North 87 degrees 41 minutes 54 seconds East (assuming said West line has a bearing of South 1 degree 11 minutes 16 seconds West)along said most Southerly line of Lot 1 and its Easterly extension a distance of 317.55 feet to the Northerly extension of the West line of Lot 4 said Block 7;thence South 2 degrees 03 minutes 09 seconds West along said Northerly extension of the West line of Lot 4 and the West line of said Lot 4,a distance of 119.74 feet;thence South 64 degrees 01 minutes 24 seconds West a distance of 197.53 feet;thence South 87 degrees 44 minutes 40 seconds West a distance of 139.87 feet to the intersection with a line bearing South 1 degree 14 minutes 59 seconds West from the point of beginning;thence North 1 degree 14 minutes 59 seconds East a distance of 198.98 feet to the point of beginning. The boundary lines of above-described land have been marked by Judicial Landmarks set pursuant to Torrens Case No.19207. AND: That part of the Southeast Quarter of the Northeast Quarter of Section 1,Township 117,Range 22 described as beginning at a point on the most Southerly line of Lot 1,Block 7,Shelard Park distant 315.25 feet Easterly from the West line of said Southeast Quarter of the Northeast Quarter as measured along said most Southerly line of Lot 1;thence South 87 degrees 41 minutes 54 seconds West along said most Southerly line of Lot 1 to said West line (assuming said West line has a bearing of South 1 degree 11 minutes 16 seconds West)a distance of 315.25 feet;thence South 1 degree 11 minutes 16 seconds West along said West line a distance of 144.56 feet;thence South 77 degrees 38 minutes 16 seconds East a distance of 214.20 feet; thence North 87 degrees 44 minutes 40 seconds East a distance of 104.50 feet to the intersection with a line bearing South 1 degree 14 minutes 59 seconds West from the point of beginning;thence North 1 degree 14 minutes 59 seconds East a distance of 198.98 feet to the point of beginning. The boundary lines of the above-described land have been marked by Judicial Landmarks set pursuant to Torrens Case No.17713. AND: Par 1:That part of the Southeast Quarter of the Northeast Quarter of Section 1,Township 117, Range 22,and that part of Parcel 44 on Minnesota Department of Transportation Right of Way Plat No.27-23,which lies northerly of the southerly and southwesterly lines of said Parcel 44 and the northwesterly extension of said southwesterly line;westerly of the southerly extension of the West line of Lot 4,Block 7,Shelard Park;southerly and easterly of the following described line: Commencing at a point on the most southerly line of Lot 1,Block 7,Shelard Park distant 315.25 feet easterly from the west line of said Southeast Quarter of the Northeast Quarter as DocuSign Envelope ID:C6A644CB-1469-44D4-A3A9-212FC94322A42 Resolution No.21-124 5 measured along said most southerly line of Lot 1;thence North 87 degrees 41 minutes 54 seconds East (assuming the west line of said Southeast Quarter of the Northeast Quarter has a bearing of South 01 degree 11 minutes 16 seconds West)along said most southerly line of Lot 1 and its easterly extension 317.55 feet to the Northerly extension of the west line of Lot 4,said Block 7;thence South 02 degrees 03 minutes 09 seconds West along said northerly extension of the west line of Lot 4 and the west line of said Lot 4 a distance of 119.74 feet to the point of beginning of the line being described;thence South 64 degrees 01 minute 24 seconds West a distance of 197.53 feet;thence South 87 degrees 44 minutes 40 seconds West 139.87 feet to the intersection with a line bearing South 01 degree 14 minutes 59 seconds West from the point of commencement;thence South 01 degree 14 minutes 59 seconds West to the southerly line of said Parcel 44,and there terminating;and northerly of Line 1. Line 1 is described as follows: Commencing at Right of Way Boundary Corner B212 as shown on said Plat No.27-23;thence northerly on an azimuth of 00 degrees 13 minutes 27 seconds along the west line of the boundary of said Plat No.27-23 a distance of 484.26 feet to Right of Way Boundary Corner 8211 and the point of beginning of the line being described;thence easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the boundary of said Plat No.27-23 a distance of 214.28 feet to Right of Way Boundary Corner Bl;thence continue on an azimuth of 101 degrees 20 minutes 23 seconds 93.00 feet;thence deflect to the left 350.87 feet on a non- tangential curve,concave to the north and passing through Right of Way Boundary Corner B2 as shown on said Plat No.27-23,having a radius of 763.94 feet,a delta angle of 26 degrees 18 minutes 56 seconds,and a chord azimuth of 70 degrees 47 minutes 34 seconds to the easterly line of said Parcel 44;thence on an azimuth of 01 degree 05 minutes 15 seconds 7.37 feet to Right of Way Boundary Corner B3 as shown on said Plat No.27-23 and there terminating. The northerly line of the above land has been marked by Judicial Landmarks set pursuant to Order Doc.No.T2062170 in Torrens Case No.19207. ALSO: That part of the Southeast Quarter of the Northeast Quarter of Section 1,Township 117,Range 22,and that part of Parcel 44 on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO.27-23,which lies northerly of the southerly and southwesterly lines of said Parcel 44 and the northwesterly extension of said southwesterly line;easterly of the West line of said Southeast Quarter of the Northeast Quarter of Section 1;southerly and westerly of the following described line: Commencing at a point on the most southerly line of Lot 1,Block 7,Shela rd Park distant 315.25 feet easterly from the west line of said Southeast Quarter of the Northeast Quarter as measured along said most southerly line of Lot 1;thence South 87 degrees 41 minutes 54 seconds West along said most southerly line of Lot 1 to said west line (assuming said west line has a bearing of South 01 degree 11 minutes 16 seconds West)a distance of 315.25 feet; thence South 01 degree 11 minutes 16 seconds West along said west line 144.56 feet to a point 2.37 feet north of Right of Way Boundary Corner 8211 as shown on said Plat No.27-23,and the point of beginning of the line being described;thence South 77 degrees 38 minutes 16 seconds DocuSign Envelope ID:C6A644CB-1469-44D4-A3A9-212FC94322A2 Resolution No.21-124 6 East a distance of 214.20 feet;thence North 87 degrees 44 minutes 40 seconds East 104.50 feet to the intersection with a line bearing South 01 degree 14 minutes 59 seconds West from the point of commencement;thence South 01 degree 14 minutes 59 seconds West to the southerly line of said Parcel 44,and there terminating;and northerly of Line 1. Line 1 is described as follows: Commencing at Right of Way Boundary Corner B212 as shown on said Plat No.27-23;thence northerly on an azimuth of 00 degrees 13 minutes 27 seconds along the west line of the boundary of said Plat No.27-23 a distance of 484.26 feet to Right of Way Boundary Corner B211 and the point of beginning of the line being described;thence easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the boundary of said Plat No.27-23 a distance of 214.28 feet to Right of Way Boundary Corner Bl;thence continue on an azimuth of 101 degrees 20 minutes 23 seconds 93.00 feet;thence deflect to the left 350.87 feet on a non- tangential curve,concave to the north and passing through Right of Way Boundary Corner B2 as shown on said Plat No.27-23,having a radius of 763.94 feet,a delta angle of 26 degrees 18 minutes 56 seconds,and a chord azimuth of 70 degrees 47 minutes 34 seconds to the easterly line of said Parcel 44;thence on an azimuth of 01 degree OS minutes 15 seconds 7.37 feet to Right of Way Boundary Corner B3 as shown on said Plat No.27-23 and there terminating. The northerly line of the above land has been marked by Judicial Landmarks set pursuant to Order Doc.No.T2062169 in Torrens Case No.17713. ALSO That part of Trunk Highway No.12 as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO.27-23 described as follows: Beginning at right of way Boundary corner B3;thence on an assumed azimuth of 1 degree 05 minutes 15 seconds along the boundary line of said plat a distance of 86.85 feet to Right of Way Boundary Corner B4;thence deflect to the right 83.74 feet along a non-tangential curve concave to the northwest and passing through Right of Way Boundary Corner BS,having a radius of 2083.24 feet,central angle of 2 degrees 18 minutes 11 seconds,chord azimuth of 48 degrees 18 minutes 24 seconds and chord distance of 83.73 feet;thence on an azimuth of 91 degrees 27 minutes 32 seconds a distance of 98.89 feet;thence southwesterly deflecting to the right on a non-tangential curve concave to the northwest having a radius of 788.53 feet,delta angle of 15 degrees 42 minutes 58 seconds,and a chord azimuth of 229 degrees 07 minutes 59 seconds and chord distance of 215.62 feet to the East line of Parcel 44 as shown on said plat 27- 23;thence north along said East line of Parcel 44 to the point of beginning. AND That part of Trunk Highway No.12 as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO.27-23 which lies southwesterly and southerly of Line 1,said line 1 being described as follows: DocuSign Envelope ID:C6A644CB-1469-44D4-A3A9-212FC94322A2 Resolution No.21-124 7 Commencing at Right of Way Boundary Corner B212 as shown on said Plat No.27-23;thence Northerly on an azimuth of 00 degrees 13 minutes 27 seconds along the West line of the boundary of said Plat No.27-23 a distance of 484.26 feet to Right of Way Boundary Corner B211 and the point of beginning of the line being described;thence Easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the boundary of said Plat No.27-23 a distance of 214.28 feet to Right of Way Boundary Corner Bl;thence continue on an azimuth of 101 degrees 20 minutes 23 seconds 93.00 feet;thence deflect to the left 350.87 feet on a non- tangential curve,concave to the North and passing through Right of Way Boundary Corner B2 as shown on said Plat No.27-23,having a radius of 763.94 feet,a delta angle of 26 degrees 18 minutes 56 seconds,and a chord azimuth of 70 degrees 47 minutes 34 seconds to the Easterly line of said Parcel 44;thence on an azimuth of 01 degree 05 minutes 15 seconds 7.37 feet to Right of Way Boundary Corner B3 as shown on said Plat No.27-23 and there terminating. And northerly of the following described line and its easterly extension: Commencing at the point of intersection of the West line of the Southeast Quarter of the Northeast Quarter of Section 1,Township 117,Range 22,with the most southerly line of Lot 1, Block 7,SHELARD PARK;thence on an assumed bearing of South 0 degrees 39 minutes 11 seconds West along said West line a distance of 187.99 feet to the point of beginning of the line being described;thence along a non-tangential curve concave to the northeast having a radius of 788.53 feet,central angle of 7 degrees 43 minutes 57 seconds,chord bearing of South 78 degrees 42 minutes 56 seconds East to its intersection with the most westerly extension of the southerly line of said Parcel 44;thence easterly along said extension of the most southerly line of said Parcel 44 to its intersection with Line 1 described above,and said line there ending. DocuSign Envelope ID:C6A644CB-1469-44D4-A3A9-212FC94322A42 II St.Louis ParkIIIsor» Administration Office SOOS Minnetonka Blvd. St.Louis Park,MN 55416 952.928.2840 "CITY COUNCIL RESOLUTION" Date:10/19/2021 Melissa Kennedy City Clerk 1)The attached is a full,true and correct copy of the original Resolution No.21-124 adopted October 18,2021,and on file in the Office of the City Clerk. 2)The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St.Louis Park. STATE OF MINNESOTA ) COUNTY OF HENNEPIN )ss CITY OF ST.LOUIS PARK ) The undersigned hereby certifies the following: DocuSign Envelope ID:C6A644CB-1469-44D4-A3A9-212FC94322A2 Resolution No.21-124 Resolution approving preliminary and final plat of Bereks Addition 9808 and 9920 Wayzata Boulevard Whereas,ESG Architects on behalf of Bigos Management,subdivider of land proposed to be platted as Bereks Addition,has submitted an application for preliminary and final plat in the manner required for platting of land under the St.Louis Park Ordinance Code,and all proceedings have been duly had thereunder. Whereas,the proposed plat is situated upon lands in Hennepin County,Minnesota,legally described in "Exhibit A"attached hereto. Whereas,legal notice was published in the official newspaper and mailed to property owners within 500 feet of the subject property at least 10 days prior to the scheduled public hearing regarding the application. Whereas,the Planning Commission held a public hearing on October 6,2021,and the commission voted 5-0 to recommend approval of the preliminary and final plat with conditions. Whereas,the proposed preliminary and final plat has been found to be in all respects consistent with the Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St.Louis Park. Now therefore be it resolved the preliminary and final plat of Bereks Addition are hereby approved and accepted by the City as being in accord and conformity with all ordinances,City plans and regulations of the City of St.Louis Park and the laws of the State of Minnesota, provided,however,that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk and subject to the following conditions: 1.City council approval of the comprehensive plan amendment to high density residential and Metropolitan Council authorization of the comprehensive plan amendment associated with the development applications. 2.The site shall be developed,used and maintained in accordance with the conditions of the planned unit development ordinance,approved Official Exhibits and City Code. 3.This approval is subject to city approval of the vacation of the easterly and southerly right-of-way parcels,and the developer successfully acquiring said vacated right-of-way parcels from the St.Louis Park Economic Development Authority. 4.All utility service structures shall be buried.If any utility service structure cannot be buried (i.e.electric transformer),it shall be integrated into the building design and 100% screened from off-site with materials consistent with the primary facade materials. 5.The on-site underground storm water management systems shall be privately owned and privately maintained.Access to the system shall be provided to the city for clean- out and inspection purposes when warranted. DocuSign Envelope ID:C6A644CB-1469-44D4-A3A9-212FC94322A2 Resolution No.21-124 2 6.Prior to the City signing and releasing the final plat to the developer for filing with Hennepin County: a.A financial security in the form of a cash escrow or letter of credit in the amount of $1,000 shall be submitted to the city to ensure that a signed Mylar copy of the final plat is provided to the city. b.The developer shall pay to the city the park dedication fee of $349,500 and the trail dedication fee of $52,425. c.A planning development contract shall be executed between the city and developer that addresses,at a minimum: i.The installation of all public improvements including,but not limited to, sidewalks,boulevard landscaping and the execution of necessary easements related to such improvements. ii.A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St.Louis Park in the amount of 1.25 times the estimated costs for the installation of all public improvements (sidewalks and boulevard landscaping),placement of iron monuments at property corners,and site landscaping and design outdoor recreation area amenities. iii.An encroachment agreement for any private improvements in the public drainage and utility easements. iv.The applicant shall reimburse City Attorney's fees incurred drafting, reviewing and administering such documents as required in the final plat approval. v.The mayor and city manager are authorized to execute the planning development contract. 7.Prior to starting any land disturbing activities,the following conditions shall be met: a.Proof of recording the final plat shall be submitted to the City. b.A preconstruction meeting shall be held with the appropriate development, construction,private utility,and city representatives. c.All necessary permits shall be obtained. d.A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St.Louis Park for all public improvements (sidewalks,boulevard landscaping,etc.)and site landscaping and designed outdoor recreation area amenities. It is further resolved the City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named subdivider,who is the applicant herein. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth have been fulfilled. Such execution of the certificate upon said plat by the City Clerk,as required under Section 26- 123(1)j of the St.Louis Park Ordinance Code,shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. DocuSign Envelope ID:C6A644CB-1469-44D4-A3A9-212FC94322A2 Resolution No.21-124 3 The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for administration: Kim Keller,city manager Attest: [~'""'""'"-.sic, 2FCF537CF5F0439 Melissa Kennedy,city clerk Adopted by the City Council October 18,2021 Jake Spano,mayor DocuSign Envelope ID:C6A644CB-1469-44D4-A3A9-212FC94322A42 Resolution No.21-124 4 Exhibit A:legal description That part of the Southeast Quarter of the Northeast Quarter of Section 1,Township 117,Range 22 described as beginning at point on the most Southerly line of Lot 1,Block 7 Shelard Park distant 315.25 feet Easterly from the West line of said Southeast Quarter of the Northeast Quarter as measured along said most Southerly line of Lot 1;thence North 87 degrees 41 minutes 54 seconds East (assuming said West line has a bearing of South 1 degree 11 minutes 16 seconds West)along said most Southerly line of Lot 1 and its Easterly extension a distance of 317.55 feet to the Northerly extension of the West line of Lot 4 said Block 7;thence South 2 degrees 03 minutes 09 seconds West along said Northerly extension of the West line of Lot 4 and the West line of said Lot 4,a distance of 119.74 feet;thence South 64 degrees 01 minutes 24 seconds West a distance of 197.53 feet;thence South 87 degrees 44 minutes 40 seconds West a distance of 139.87 feet to the intersection with a line bearing South 1 degree 14 minutes 59 seconds West from the point of beginning;thence North 1 degree 14 minutes 59 seconds East a distance of 198.98 feet to the point of beginning. The boundary lines of above-described land have been marked by Judicial Landmarks set pursuant to Torrens Case No.19207. AND: That part of the Southeast Quarter of the Northeast Quarter of Section 1,Township 117,Range 22 described as beginning at a point on the most Southerly line of Lot 1,Block 7,Shelard Park distant 315.25 feet Easterly from the West line of said Southeast Quarter of the Northeast Quarter as measured along said most Southerly line of Lot 1;thence South 87 degrees 41 minutes 54 seconds West along said most Southerly line of Lot 1 to said West line (assuming said West line has a bearing of South 1 degree 11 minutes 16 seconds West)a distance of 315.25 feet;thence South 1 degree 11 minutes 16 seconds West along said West line a distance of 144.56 feet;thence South 77 degrees 38 minutes 16 seconds East a distance of 214.20 feet; thence North 87 degrees 44 minutes 40 seconds East a distance of 104.50 feet to the intersection with a line bearing South 1 degree 14 minutes 59 seconds West from the point of beginning;thence North 1 degree 14 minutes 59 seconds East a distance of 198.98 feet to the point of beginning. The boundary lines of the above-described land have been marked by Judicial Landmarks set pursuant to Torrens Case No.17713. AND: Par 1:That part of the Southeast Quarter of the Northeast Quarter of Section 1,Township 117, Range 22,and that part of Parcel 44 on Minnesota Department of Transportation Right of Way Plat No.27-23,which lies northerly of the southerly and southwesterly lines of said Parcel 44 and the northwesterly extension of said southwesterly line;westerly of the southerly extension of the West line of Lot 4,Block 7,Shelard Park;southerly and easterly of the following described line: Commencing at a point on the most southerly line of Lot 1,Block 7,Shelard Park distant 315.25 feet easterly from the west line of said Southeast Quarter of the Northeast Quarter as DocuSign Envelope ID:C6A644CB-1469-44D4-A3A9-212FC94322A2 Resolution No.21-124 5 measured along said most southerly line of Lot 1;thence North 87 degrees 41 minutes 54 seconds East (assuming the west line of said Southeast Quarter of the Northeast Quarter has a bearing of South 01 degree 11 minutes 16 seconds West)along said most southerly line of Lot 1 and its easterly extension 317.55 feet to the Northerly extension of the west line of Lot 4,said Block 7;thence South 02 degrees 03 minutes 09 seconds West along said northerly extension of the west line of Lot 4 and the west line of said Lot 4 a distance of 119.74 feet to the point of beginning of the line being described;thence South 64 degrees 01 minute 24 seconds West a distance of 197.53 feet;thence South 87 degrees 44 minutes 40 seconds West 139.87 feet to the intersection with a line bearing South 01 degree 14 minutes 59 seconds West from the point of commencement;thence South 01 degree 14 minutes 59 seconds West to the southerly line of said Parcel 44,and there terminating;and northerly of Line 1. Line 1 is described as follows: Commencing at Right of Way Boundary Corner B212 as shown on said Plat No.27-23;thence northerly on an azimuth of 00 degrees 13 minutes 27 seconds along the west line of the boundary of said Plat No.27-23 a distance of 484.26 feet to Right of Way Boundary Corner B211 and the point of beginning of the line being described;thence easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the boundary of said Plat No.27-23 a distance of 214.28 feet to Right of Way Boundary Corner Bl;thence continue on an azimuth of 101 degrees 20 minutes 23 seconds 93.00 feet;thence deflect to the left 350.87 feet on a non- tangential curve,concave to the north and passing through Right of Way Boundary Corner B2 as shown on said Plat No.27-23,having a radius of 763.94 feet,a delta angle of 26 degrees 18 minutes 56 seconds,and a chord azimuth of 70 degrees 47 minutes 34 seconds to the easterly line of said Parcel 44;thence on an azimuth of 01 degree 05 minutes 15 seconds 7.37 feet to Right of Way Boundary Corner B3 as shown on said Plat No.27-23 and there terminating. The northerly line of the above land has been marked by Judicial Landmarks set pursuant to Order Doc.No.T2062170 in Torrens Case No.19207. ALSO: That part of the Southeast Quarter of the Northeast Quarter of Section 1,Township 117,Range 22,and that part of Parcel 44 on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO.27-23,which lies northerly of the southerly and southwesterly lines of said Parcel 44 and the northwesterly extension of said southwesterly line;easterly of the West line of said Southeast Quarter of the Northeast Quarter of Section 1;southerly and westerly of the following described line: Commencing at a point on the most southerly line of Lot 1,Block 7,Shelard Park distant 315.25 feet easterly from the west line of said Southeast Quarter of the Northeast Quarter as measured along said most southerly line of Lot 1;thence South 87 degrees 41 minutes 54 seconds West along said most southerly line of Lot 1 to said west line (assuming said west line has a bearing of South 01 degree 11 minutes 16 seconds West)a distance of 315.25 feet; thence South 01 degree 11 minutes 16 seconds West along said west line 144.56 feet to a point 2.37 feet north of Right of Way Boundary Corner B211 as shown on said Plat No.27-23,and the point of beginning of the line being described;thence South 77 degrees 38 minutes 16 seconds DocuSign Envelope ID:C6A644CB-1469-44D4-A3A9-212FC94322A2 Resolution No.21-124 6 East a distance of 214.20 feet;thence North 87 degrees 44 minutes 40 seconds East 104.50 feet to the intersection with a line bearing South 01 degree 14 minutes 59 seconds West from the point of commencement;thence South 01 degree 14 minutes 59 seconds West to the southerly line of said Parcel 44,and there terminating;and northerly of Line 1. Line 1 is described as follows: Commencing at Right of Way Boundary Corner B212 as shown on said Plat No.27-23;thence northerly on an azimuth of 00 degrees 13 minutes 27 seconds along the west line of the boundary of said Plat No.27-23 a distance of 484.26 feet to Right of Way Boundary Corner B211 and the point of beginning of the line being described;thence easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the boundary of said Plat No.27-23 a distance of 214.28 feet to Right of Way Boundary Corner Bl;thence continue on an azimuth of 101 degrees 20 minutes 23 seconds 93.00 feet;thence deflect to the left 350.87 feet on a non- tangential curve,concave to the north and passing through Right of Way Boundary Corner B2 as shown on said Plat No.27-23,having a radius of 763.94 feet,a delta angle of 26 degrees 18 minutes 56 seconds,and a chord azimuth of 70 degrees 47 minutes 34 seconds to the easterly line of said Parcel 44;thence on an azimuth of 01 degree OS minutes 15 seconds 7.37 feet to Right of Way Boundary Corner B3 as shown on said Plat No.27-23 and there terminating. The northerly line of the above land has been marked by Judicial Landmarks set pursuant to Order Doc.No.T2062169 in Torrens Case No.17713. ALSO That part of Trunk Highway No.12 as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO.27-23 described as follows: Beginning at right of way Boundary corner B3;thence on an assumed azimuth of 1 degree 05 minutes 15 seconds along the boundary line of said plat a distance of 86.85 feet to Right of Way Boundary Corner B4;thence deflect to the right 83.74 feet along a non-tangential curve concave to the northwest and passing through Right of Way Boundary Corner BS,having a radius of 2083.24 feet,central angle of 2 degrees 18 minutes 11 seconds,chord azimuth of 48 degrees 18 minutes 24 seconds and chord distance of 83.73 feet;thence on an azimuth of 91 degrees 27 minutes 32 seconds a distance of 98.89 feet;thence southwesterly deflecting to the right on a non-tangential curve concave to the northwest having a radius of 788.53 feet,delta angle of 15 degrees 42 minutes 58 seconds,and a chord azimuth of 229 degrees 07 minutes 59 seconds and chord distance of 215.62 feet to the East line of Parcel 44 as shown on said plat 27- 23;thence north along said East line of Parcel 44 to the point of beginning. AND That part of Trunk Highway No.12 as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO.27-23 which lies southwesterly and southerly of Line 1,said Line 1 being described as follows: DocuSign Envelope ID:C6A644CB-1469-44D04-A3A9-212FC94322A2 Resolution No.21-124 7 Commencing at Right of Way Boundary Corner B212 as shown on said Plat No.27-23;thence Northerly on an azimuth of 00 degrees 13 minutes 27 seconds along the West line of the boundary of said Plat No.27-23 a distance of 484.26 feet to Right of Way Boundary Corner B211 and the point of beginning of the line being described;thence Easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the boundary of said Plat No.27-23 a distance of 214.28 feet to Right of Way Boundary Corner Bl;thence continue on an azimuth of 101 degrees 20 minutes 23 seconds 93.00 feet;thence deflect to the left 350.87 feet on a non- tangential curve,concave to the North and passing through Right of Way Boundary Corner B2 as shown on said Plat No.27-23,having a radius of 763.94 feet,a delta angle of 26 degrees 18 minutes 56 seconds,and a chord azimuth of 70 degrees 47 minutes 34 seconds to the Easterly line of said Parcel 44;thence on an azimuth of 01 degree 05 minutes 15 seconds 7.37 feet to Right of Way Boundary Corner B3 as shown on said Plat No.27-23 and there terminating. And northerly of the following described line and its easterly extension: Commencing at the point of intersection of the West line of the Southeast Quarter of the Northeast Quarter of Section 1,Township 117,Range 22,with the most southerly line of Lot 1, Block 7,SHELARD PARK;thence on an assumed bearing of South 0 degrees 39 minutes 11 seconds West along said West line a distance of 187.99 feet to the point of beginning of the line being described;thence along a non-tangential curve concave to the northeast having a radius of 788.53 feet,central angle of 7 degrees 43 minutes 57 seconds,chord bearing of South 78 degrees 42 minutes 56 seconds East to its intersection with the most westerly extension of the southerly line of said Parcel 44;thence easterly along said extension of the most southerly line of said Parcel 44 to its intersection with Line 1 described above,and said line there ending.