City Council Resolution 2013-41CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2013-041
APPROVING ASSESSMENT AND DEVELOPMENT AGREEMENT
WITH RIVERWOOD BANK
WHEREAS, the Monticello City Council, at a public hearing held on April 22, 2013, reviewed
the Feasibility Report for the West 7th Street Extension Improvements, City Project No. 12C002,
including paving a 24 foot wide rural section of Elm Street south of 7th Street to the 1 -94
terminus and mill and overlay of West 7th Street between Elm Street and County Road 39 (Golf
Course Road); and
WHEREAS, the Monticello City Council ordered improvements for the West 7th Street
Extension Improvements, City Project No. 12C002, included alternate bids for paving a 24 foot
wide rural section of Elm Street south of 7th Street to the I -94 terminus and mill and overlay of
West 7th Street between Elm Street and County Road 39 (Golf Course Road); and
WHEREAS, the City is willing to enter into an assessment agreement with the benefitting
property owner with the intent of collecting reimbursement on the West 7th Street Extension
project and related improvements as specified in the Assessment and Development Agreement;
and
WHEREAS, the property owner, RiverWood Bank, (also known as Land Lover LLC), has
agreed to the terms and conditions stated in the Assessment and Development Agreement; and
WHEREAS, the preliminary and final plat approval is scheduled for consideration of approval
by the Monticello City Council on May 28, 2013.
NO W THEREFORE, BE IT RESOL VED B Y THE CITY CO UNCIL OF MONTICELL O,
MINNESOTA, that the Development Agreement with RiverWood Bank in conjunction with the
West 7th Street Extension, City Project No. 12C002, with assignment of the specific terms and
conditions for public improvements and plat development, is hereby approved; and
BE IT FURTHER RESOL VED BY THE CITY COUNCIL OF MONTICELL0,
MINNESOTA, that the agreement of Assessments and Waiver of Irregularity and Hearing, as
specified in the Assessment and Development Agreement, is hereby approved.
ADOPTED BY the Monticello City Council this 13th day of May, 2013.
CITY OF MONTICELLO
d
Clint Herbst, Mayor
ATTEST:
0
Jeff O' ei ' y Administrator
EXHIBIT "A"
Insert copy of Assessment and Development Agreement
RiverWood Bank
d"1
RETURN T0:
City of Monticello
505 Walnut Street
Monticello, MN 5536
•,.,aeUrr =r„: n..•, raven -e w� c i r.. .cars -.K
Ld
DEC 1 8 20 1
<ti eti
Doc. No. A1253596
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and /or Recorded on
12/9/2013 at 12:00 PM
Check #: Fee: $46.40
Payment Code 04
Addl. Fee
Barb Gabrelcik, County Recorder
(reserved for recording information)
ASSESSMENT AND DEVELOPMENT AGREEMENT
RIVER WOOD BANK
AGREEMENT dated a U i J , 2013, by and between the CITY OF
MONTICELLO, a Minnesota municipal corporation ( "City "), and RIVERWOOD BANK, a federal
savings bank organized and existing under the laws of the United States of America ( "RiverWood ").
RECITALS
A. RiverWood is the fee owner of real property located within the City, legally described in
the attached Exhibit "A" ( "RiverWood Property ");
B. RiverWood desires to develop the RiverWood Property in the future.
C. Development of the RiverWood Property will require extension of West 7th Street,
ponding, public trail, street lighting, and utility improvements;
D. The City also owns property through which West 7th Street will be extended, which
property is legally, described as provided in Exhibit `B" ( "City Property ");
E. The City and RiverWood desire to jointly plat the RiverWood Property and City Property
and dedicate the necessary property for right of way, ponding, trails and utilities, required for future
development of the RiverWood Property;
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F. The purpose of this Agreement is to set forth the Parties' terms for platting, construction,
and assessment related to the extension of West 7th Street, together with associated utilities and
appropriate land conveyances.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE
PARTIES AGREE AS FOLLOWS:
1. PUBLIC IMPROVEMENTS.
A. West 7th Street Public Improvements. The City conducted a feasibility study for
extending and constructing West 7th Street to serve the future development of the RiverWood Property,
together with other property. The purpose of the road improvement project is to provide the extension of
West 7th Street and to vacate a portion of Minnesota Street that extends through the RiverWood Property
south of West 7th Street and to provide storm water ponding, public trail, utility and street lighting
improvements (referred to herein as the "West 7th Street Public Improvements ").
B. Elm Street Public Improvements. As part of the feasibility study for the West
7t" Street Public Improvements, the City also included the paving of Elm Street (referred to herein as the
"Elm Street Public Improvements "). The purpose of the project is to maintain Elm Street as a rural road
section.
C. Elm Street Public Improvements and West 7th Street Public Improvements are
collectively referred to herein as the Public Improvements.
2. CONDITIONS OF PUBLIC IMPROVEMENTS. Upon execution of this Agreement,
the City will plat the RiverWood Property and the City Property, order the Public Improvements and will
construct the road, public trail, ponding, street lighting, and utilities as specified on the approved plans. The
City proposes to contract for substantial completion of the Public Improvements by November 2013. The
City shall let the contract for the improvement of the West 7th Street extension from Minnesota Street to
Elm Street upon recording of a final plat for the RiverWood Property and City Property that provides for
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dedication of West 7th Street and a drainage and utility easements over the RiverWood Property north of
West 7t" Street. The City shall seek to have the extension completed and usable by July 15, 2014.
3. PLAT OF RIVERWOOD PROPERTY AND CITY PROPERTY. In order to facilitate
the construction of the Public Improvements and to better distinguish between the public and private
improvements serving the RiverWood Property and public lands, RiverWood Bank and the City shall
jointly apply for and submit a preliminary and final plat for the RiverWood Property and City Property
identifying the lots and public rights of way and dedications substantially consistent with the plans and
specifications for the Public Improvements and the proposed plat of Great River Addition, attached hereto
as Exhibit C. The Public Improvement plans shall not be attached to this Agreement. The City shall prepare
the proposed plat and the plat application, application fees, and submittal documents shall be submitted prior
to the City advertising for bids for the Public Improvements.
The plat shall designate the RiverWood Bank Property, of approximately 4.07 acres, located north
of the proposed West 7th Street Extension as an Outlot, identified as Outlot A in the plat, that shall be
dedicated in the plat for drainage and utility purposes. In addition, the RiverWood Property lying south of
West 7th Street shall be combined with a portion of the City Property to be conveyed to RiverWood under
the terms of this Agreement as a single outlot for future development. That portion of the RiverWood
Property lying east of the vacated Minnesota Street totaling 12 -feet in width along the vacated Minnesota
Street, together with the vacated Minnesota Street, shall be dedicated in the plat for drainage and utility
purposes.
The cost of platting shall be split equally between RiverWood and the City at a price not to exceed
$6,000.00. RiverWood Bank shall pay its share of this cost, in the amount of $3,000.00 at the time of
execution of this Agreement and shall execute all documents necessary to record the plat with the County.
4. CONVEYANCE. In exchange for excess ponding that is dedicated by RiverWood Bank
within Outlot A, the City will convey to RiverWood that portion of the City Property legally described in
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the attached Exhibit D by quit claim deed prior to and conditioned upon recording of the final plat ( "City
Remnant Parcel "). The City Remnant Parcel will be combined with the RiverWood Property lying south
of the West 7th Street extension as a single outlot to be identified as Outlot B in the plat.
5. VACATION. Prior to recording the final plat, the City will vacate that portion of
Minnesota Street lying south of the proposed West 7th Street extension, conditioned upon dedication of a
drainage and utility easement over the vacated right of way within the plat or retention thereof within the
vacation resolution. At the time of development of the RiverWood property, the developer shall enter into
an encroachment agreement for parking purposes over the vacated Minnesota Street. No permanent
structures will be allowed on the vacated right of way pursuant to City Ordinance Title 10, Monticello
Zoning Ordinance, Chapter 3, Section 3(A).
6. DEVELOPMENT FEES. Stormwater ponding requirements for the future development
of Outlot B are provided by Outlot A, up to 64,557 square feet. Excess ponding area of approximately
one acre is available to the City within Outlot A for development of property outside of the RiverWood
development. With the dedication of ponding area within Outlot A, future development of the
RiverWood Property will not be subject to the City's alternate ponding fee, which is currently set at
$6,997.00 /acre.
RiverWood shall pay City trunk fees for development of Outlot B, Great River Addition, at the
rate in effect at the time of development, subject to the following cap on trunk fees:
Storm Sewer Trunk Fee = $3,570.00 per acre
Watermain = $2,494.00 per acre
Sanitary Sewer Trunk Fee = $3,371.00 per acre
7. GRADING. RiverWood Bank is responsible for any necessary grading for future
development of the RiverWood Property lying south of the West 7th Street extension. The City will be
responsible for grading only what is needed for the Public Improvements, balance dirtwork and provide
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positive drainage to the roadway. Any excess material resulting from grading operations will be accepted
by RiverWood and stockpiled for future use by RiverWood on the RiverWood Property located on the
south side of West 7t1 Street, at an agreed upon location prior to grading operations commencing.
Thereafter, RiverWood will be responsible for erosion control and maintenance of the stockpile on the
RiverWood Property after the road is constructed and restoration is established, after the contractor
warranty period expires for the Public Improvements.
8. TRAIL. Simultaneous with the recording of the plat, RiverWood Bank will provide a 10
foot wide trail easement for the trail to be located on Outlot A, substantially in the form attached as
Exhibit E.
9. ASSESSMENTS.
A. West 7th Street Assessments. The RiverWood Property, excluding Outlot A of the
proposed plat, is hereby assessed by the City for the costs of the Public Improvements together with
administrative, planning, engineering, legal and financing costs, in the amount not to exceed $850,430.00
( "West 7th Street Assessment "). The assessment will be based on the actual project costs.
B. Elm Street Assessments. The RiverWood Property, excluding Outlot A of the
proposed plat, is hereby assessed by the City for the costs of the Elm Street Public Improvements together
with administrative, planning, engineering, legal and financing costs, in the amount of $22,000.00, based on
the frontage of the parcel abutting Elm Street ( "Elm Street Assessment "). If Elm Street is upgraded and
widened in the future to an urban section with curb and gutter and storm sewer, then the RiverWood
Property would be subject to an additional assessment at that time.
C. Deferral. This West 7th Street Assessment and Elm Street Assessment (collectively
referred to herein as the "Assessments ") shall be deferred without principal and interest until development
of the property or 10 years from the date of this Agreement, whichever occurs first. The Assessments shall
be deemed adopted on the date this Agreement is signed by the City. "Development" shall mean: platted
170046 5
s
into lots and blocks, not outlots. If the RiverWood Property is subdivided or platted, the assessments will be
apportioned to individual lots, not outlots, based on the pro rata portion of the area (square foot) of the lots
to the total area of the RiverWood Property to be subdivided. If only a portion of the RiverWood Property
is developed, the assessments on the undeveloped portion shall continue to be deferred pursuant to the terms
of this Agreement. Upon development or expiration of the 10 year deferral hereunder, the area assessment
shall be applied to the RiverWood Property, excluding Outlot A, over a 10 year period in equal annual
installments, together with Prime Rate of interest plus two percent (2 %) per year on the unpaid balance.
Prime Rate shall be the prime rate announced daily in the Wall Street Journal ( "Prime Rate "). If the Wall
Street Journal ceases to publish the Prime Rate, then the Prime Rate shall be the rate of interest quoted in the
Federal Reserve Statistical Release, Selected Interest Rates (H.R. 15). If a range is shown for the Prime
Rate, then the highest number in the range shall be utilized.
D. Waiver. RiverWood, by signing this Agreement, acknowledges that all procedural
and substantive objections to the Assessment are hereby waived unconditionally, such waiver includes any
rights of RiverWood, its successor or assign to hearing requirements and any claim that the assessments
exceed the benefit to the Subject Property. RiverWood further waives any appeal rights otherwise available
pursuant to M.S.A. § 429.081.
10. LICENSE. RiverWood hereby grants the City, its agents, employees, officers and
contractors a license to enter the RiverWood Property to perform all work and inspections deemed
appropriate by the City in conjunction with construction of the Public Improvements in accordance with the
plans and specifications and the terms of this Agreement.
11. RIVERWOOD RESPONSIBILIES.
A. RiverWood shall hold the City and its officers, employees, and agents harmless from
claims made by it and third parties for damages sustained or costs incurred resulting from plat approval and
development. RiverWood shall indemnify the City and its officers, employees, and agents for all costs,
170046
I
damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys'
fees.
B. In addition to the charges and special assessments referred to herein, other charges
and special assessments may be imposed such as but not limited to sewer availability charges ( "SAC "), City
water availability charges ( "WAC "), City water connection charges, City sewer connection charges, and
building permit fees.
C. Except as otherwise specifically assigned to the City by Agreement of the Parties,
RiverWood shall be responsible for all maintenance of property within Outlot A, Great River Addition,
including, but not limited to, maintenance of the slope within Outlot A.
12. MISCELLANEOUS.
A. Third parties shall have no recourse against the City under this Agreement.
B. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion
of this Agreement.
C. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the
parties and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Agreement shall not be a waiver or release.
D. This Agreement shall run with the land and may be recorded against the title to the
property. RiverWood covenants with the City, its successors and assigns, that RiverWood is well seized in
fee title of the property being final platted and /or has obtained consents to this Contract, in the form attached
hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the
170046
property being final platted; and that RiverWood will indemnify and hold the City harmless for any breach
of the foregoing covenants.
E. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power or remedy.
13. NOTICES. Required notices to RiverWood shall be in writing, and shall be either hand
delivered to RiverWood, its employees or agents, or mailed to RiverWood by certified mail at the following
address:
RiverWood Bank
1421 7t1 Street East
Monticello, MN 55362
Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed
to the City by certified mail in care of the City Administrator at the following address: 505 Walnut Street,
Monticello, Minnesota 55362.
170046 8
r r
CITY OF MONTICELLO
BY:
Mayor
AND 0
City Administrator
STATE OF MINNESOTA )
( ss.
COUNTY OF WRIGHT )
The f regoing instrument was acknowledged before me this "° day of May, 2013, by
and by , /y , the Mayor and City Administrator of the City of Monticello a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
/�*/ - - 4V�A--
NOTARY PUBLIC
.: KERRY T. BURRI
"+! NOTARY PUBLIC • MINNESOTA
My Commission Expires Jan. 31.2015
170046 g
RIVERWOOD BANK
--
�`�
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this °- day of ,
2013, by �-� the ca of
RiverWood Bank, a federal savings bank organized and existing er the laws of the United States of
America, on its behalf.
NOTARY r4�
: a ter.
WNotafy ICKI JAN LEERHOFF
Public- Minnesate y Commission E*m den 31, 2Ole
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
170046 10
'� CS
EXHIBIT "A"
Legal Description of RiverWood Property
Parcel A: Lot 1, Block 1, Kirkman Addition, Wright County, Minnesota
Parcel B: Lot A of the Northeast Quarter of the Southeast Quarter of Section 10, Township 121, Range
25, according to a plat filed March 14, 1886 in Book 1 of Plats, page 566 and that part of Lot C of the
North Half of the Southeast Quarter of said Section 10, Township 121, Range 25 according to a plat
recorded October 23, 1913 as Document No. 74600 lying Northerly and Northeasterly of a line described
as follows: Commencing at the Northeast corner of said Northeast Quarter of the Southeast Quarter;
thence South along the East line of said Northeast Quarter of the Southeast Quarter, a distance of 526.92
feet to the point of beginning of said line to be described; thence West deflecting 89 degrees 52 minutes
18 seconds right, a distance of 137.25 feet; thence Northwesterly along a tangential curve concave to the
North having a radius of 600.00 feet and a central angle of 43 degrees 16 minutes 32 seconds, a distance
of 453.18 feet; thence Northwest tangent to said curve, a distance of 357.48 feet to the Northwest line of
said Lot C of the North Half of the Southeast Quarter and said line there terminating, Wright County,
Minnesota.
Parcel C: That part of Lot C of the North Half of the Southeast Quarter of Section 10, Township 121,
Range 25, according to a plat recorded October 23, 1913, Document No. 74600 lying Northeasterly of the
Northeasterly right of way line of Interstate 94 and lying Southerly and Southwesterly of a line described
as follows: Commencing at the Northeast corner of the Northeast Quarter of the Southeast Quarter of
said Section 10; thence South along the East line of said Northeast Quarter of the Southeast Quarter, a
distance of 526.92 feet to the point of beginning of said line to be described; thence West deflecting 89
degrees 52 minutes 18 seconds right, a distance of 137.25 feet; thence Northwesterly along a tangential
curve concave to the North having a radius of 600.00 feet and a central angle of 43 degrees 16 minutes 32
seconds, a distance of 453.18 feet; thence Northwest tangent to said curve, a distance of 357.48 feet to the
Northwest line of said Lot C of the North Half of the Southeast Quarter and said line there terminating,
Wright County, Minnesota.
Parcel D: Also that part of Lot A of the Northwest Quarter of the Southwest Quarter of Section 11,
Township 121, Range 25 according to the plat of record, filed October 23, 1913, File No. 74602, lying
Northeasterly of the Northeasterly right of way line of Interstate 94 and lying South of a line described as
follows: Commencing at the Northwest corner of said Northwest Quarter of the Southwest Quarter;
thence South along the West line of said Northwest Quarter of the Southwest Quarter, a distance of
526.92 feet to the point of beginning of said line to be described; thence East deflecting 90 degrees 07
minutes 42 seconds left a distance of 441.39 feet to the East line of said Lot A of the Northwest Quarter of
the Southwest Quarter and said line there terminating. Except that part of said Lot A of the Northwest
Quarter of the Southwest Quarter described as follows: Commencing at the Northwest corner of said
Northwest Quarter of the Southwest Quarter; thence East along the North line of said Northwest Quarter
of the Southeast Quarter, a distance of 407.67 feet to the center line of Minnesota Street being the East
line of said Lot A of the Northwest Quarter of the Southwest Quarter, thence deflecting 87 degrees 34
minutes 45 seconds right along said center line, a distance of 361.82 feet to the point of beginning; thence
west deflecting 90 degrees right, a distance of 373.37 feet; thence South deflecting 90 degrees left, a
distance of 350.00; thence East deflecting 90 degrees left, a distance of 373.37 feet to said center line of
Minnesota Street, thence North along said center line a distance of 350 feet to the point of beginning,
Wright County, Minnesota.
170046 11
R.
EXHIBIT "B"
Legal Description of City Property
That part of Lot A of the Northwest Quarter of the Southwest Quarter, Section 11, Township 121, Range
25, Wright County, Minnesota, according to the recorded plat thereof, described as follows:
Conunencing at the Northwest corner of said Lot A; thence East, along the North line of said Lot A, a
distance of 407.67 feet to the center line of Marvin Road; thence South, along said center line, deflecting
right 87 degrees, 34 minutes 45 seconds a distance of 361.82 feet to the point of beginning; thence West,
deflecting right 90 degrees, a distance of 373.37 feet; thence South deflecting left 90 degrees a distance of
350 feet; thence East deflecting left 90 degrees a distance of 373.37 feet to the center line of said Marvin
Road; thence north, along said center line, a distance of 350 feet to the point of beginning.
Subject to the right of way of said Marvin Road.
Except that part thereof described as follows: Commencing at the Northwest corner of said Lot A; thence
East along the North line of said Lot A, a distance of 407.67 feet to the center line of said Marvin Road;
thence South deflecting 87 degrees 34 minutes 45 seconds right along said center line, a distance of
361.82 feet to the point of beginning of the exception to be described; thence West, deflecting right 90
degrees a distance of 373.37 feet; thence South deflecting left 90 degrees a distance of 108 feet; thence
East deflecting left 90 degrees a distance of 373.37 feet to the center line of said Marvin Road; thence
North, along said center line, a distance of 108 feet to the point of beginning.
170046 12
EXHIBIT "C"
Proposed Plat of Great River Addition
170046 13
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EXHIBIT "D"
Legal description of City Property to be conveyed to RiverWood:
That part of Lot A of the Northwest Quarter of the Southwest Quarter, Section 11, Township 121, Range
25, Wright County, Minnesota, according to the recorded plat thereof, described as follows:
Commencing at the Northwest corner of said Lot A; thence East, along the North line of said Lot A, a
distance of 407.67 feet to the center line of Marvin Road; thence South, along said center line, deflecting
right 87 degrees, 34 minutes 45 seconds a distance of 361.82 feet to the point of beginning; thence West,
deflecting right 90 degrees, a distance of 373.37 feet; thence South deflecting left 90 degrees a distance of
350 feet; thence East deflecting left 90 degrees a distance of 373.37 feet to the center line of said Marvin
Road; thence north, along said center line, a distance of 350 feet to the point of beginning.
Subject to the right of way of said Marvin Road.
Except that part thereof described as follows: Commencing at the Northwest corner of said Lot A; thence
East along the North line of said Lot A, a distance of 407.67 feet to the center line of said Marvin Road;
thence South deflecting 87 degrees 34 minutes 45 seconds right along said center line, a distance of
361.82 feet to the point of beginning of the exception to be described; thence West, deflecting right 90
degrees a distance of 373.37 feet; thence South deflecting left 90 degrees a distance of 108 feet; thence
East deflecting left 90 degrees a distance of 373.37 feet to the center line of said Marvin Road; thence
North, along said center line, a distance of 108 feet to the point of beginning.
WHICH LIES northerly of the following described line: Commencing at the Northwest Corner of said
Northwest Quarter of the Southwest Quarter; thence South 00 degrees 13 minutes 42 seconds West,
assumed bearing along the west line thereof, 547.32 feet to the point of beginning of the line to be
hereinafter described; thence easterly along a non - tangential curve, concave to the north, 178.52 feet,
having a radius of 496.00 feet, central angle of 20 degrees 37 minutes 20 seconds, chord bearing of South
80 degrees 46 minutes 30 seconds East and a chord distance of 177.56 feet; thence North 88 degrees 54
minutes 50 seconds East, 236.91 feet to the westerly right of way line of Minnesota Street; thence North
85 degrees 02 minutes 30 seconds East, 33.01 feet to the centerline of Minnesota Street and said line there
terminating.
170046 14
EXHIBIT E
GRANT OF PERMANENT EASEMENT
RIVERWOOD BANK, a federal savings bank organized and existing under the laws of the
United States of America, "Grantor," in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the
CITY OF MONTICELLO, a Minnesota municipal corporation, the Grantee, hereinafter referred to as
the "City," its successors and assigns, permanent easements for trail purposes over, on, across, under and
through the land situated in the County of Wright, State of Minnesota, and legally described on the
attached Exhibit "A."
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon
the permanent easement premises at all reasonable times to construct, reconstruct, inspect, repair, and
maintain said public trail system over, across, on, under, and through the permanent easement premises,
together with the right to grade, level, fill, drain, and excavate the permanent easement premises, and the
further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location,
construction, and maintenance of said public trail easement.
The above named Grantor, for itself, its successors and assigns, does covenant with the City, its
successors and assigns, that they are well seized in fee title of the above described easement premises; that
they have the sole right to grant and convey the easements to the City; that there are no unrecorded
interests in the easement premises; and that they will indemnify and hold the City harmless for any breach
of the foregoing covenants.
170046 15
-Slk '
IN TESTIMONY WHEREOF, Grantor hereto has signed this document this day of
2013.
GRANTOR:
RIVERWOOD BA K
BY:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this i day of , 2013,
by ir�g\j the of RglerWood Bank,
a federal savings bank organized and existing under the Wvs of the United States of America, on its behalf.
�i rNITIA i
VICKI JAN LEERHOFF
j Notary Public- Minnesota
• ` �•'i .• : f RIly Commission Expires Jan 31, 2018
THIS INSTRUMENT WAS DRAFTED BY: .
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651- 452 -5000
170046 16
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
That part of the Outlot A, Great River Addition, County of Wright, State of Minnesota, according to the
recorded plat thereof described as follows:
A permanent easement for trail purposes, over, under, and across that part of Outlot A, Great River
Addition, as is on file and of record in the Office of the County Recorder in and for Wright County,
Minnesota, which lies northerly of the northerly Right of Way line of 7th. Street as dedicated in said Great
River Addition and southerly of the following described line: Commencing at the Northeast Corner of the
North Half of the Southeast Quarter of Section 10, Township 121, Range 25; thence South 00 degrees 13
minutes 42 seconds West, assumed bearing along the east line thereof, 460.44 feet to the point of
beginning of the line to be hereinafter described; thence northwesterly along a non - tangential curve,
concave to the northeast, 43.61 feet, having a radius of 415.00 feet, central angle of 06 degrees 01 minutes
13 seconds, chord bearing of North 63 degrees 29 minutes 04 seconds West and a chord distance of 43.59
feet; thence continue northwesterly along a compound curve, concave to the northeast, 28.13 feet, having
a radius of 288.61 feet, central angle of 05 degrees 35 minutes 04 seconds, chord bearing of North 57
degrees 40 minutes 16 seconds West and a chord distance of 28.12 feet; thence continue northwesterly
along a compound curve, concave to the northeast, 5 8. 10 feet, having a radius of 401.41 feet, central
angle of 08 degrees 17 minutes 33 seconds, chord bearing of North 51 degrees 12 minutes 38 seconds
West and a chord distance of 58.05 feet; thence continue northwesterly along a compound curve, concave
to the northeast, 15.95 feet, having a radius of 1715.36 feet, central angle of 00 degrees 31 minutes 58
seconds, chord bearing of North 47 degrees 35 minutes 44 seconds West and a chord distance of 15.95
feet; thence continue northwesterly along a reverse curve, concave to the southwest, 5 8.3 5 feet, having a
radius of 397.92 feet, central angle of 08 degrees 24 minutes 05 seconds, chord bearing of North 49
degrees 32 minutes 19 seconds West and a chord distance of 58.29 feet; thence continue northwesterly
along a reverse curve, concave to the northeast, 73.00 feet, having a radius of 894.33 feet, central angle of
04 degrees 40 minutes 36 seconds, chord bearing of North 51 degrees 30 minutes 04 seconds West and a
chord distance of 72.98 feet; thence continue northwesterly along a reverse curve, concave to the
southwest, 71.39 feet, having a radius of 122.67 feet, central angle of 33 degrees 20 minutes 48 seconds,
chord bearing of North 65 degrees 50 minutes 10 seconds West and a chord distance of 70.39 feet; thence
westerly along a reverse curve, concave to the north, 43.28 feet, having a radius of 325.98 feet, central
angle of 07 degrees 36 minutes 27 seconds, chord bearing of North 78 degrees 42 minutes 21 seconds
West and a chord distance of 43.25 feet; thence westerly along a reverse curve, concave to the south,
77.80 feet, having a radius of 292.25 feet, central angle of 15 degrees 15 minutes 08 seconds, chord
bearing of North 82 degrees 31 minutes 41 seconds West and a chord distance of 77.57 feet; thence
westerly along a reverse curve, concave to the north, 102.68 feet, having a radius of 342.59 feet, central
angle of 17 degrees 10 minutes 24 seconds, chord bearing of North 81 degrees 34 minutes 04 seconds
West and a chord distance of 102.30 feet; thence westerly along a reverse curve, concave to the south,
55.34 feet, having a radius of 232.52 feet, central angle of 13 degrees 38 minutes 15 seconds, chord
bearing of North 79 degrees 47 minutes 59 seconds West and a chord distance of 55.21 feet; thence
westerly along a reverse curve, concave to the north, 86.09 feet, having a radius of 147.78 feet, central
angle of 33 degrees 22 minutes 34 seconds, chord bearing of North 69 degrees 55 minutes 50 seconds
West and a chord distance of 84.88 feet; thence northwesterly along a reverse curve, concave to the
southwest, 76.65 feet, having a radius of 1094.77 feet, central angle of 04 degrees 00 minutes 41 seconds,
chord bearing of North 55 degrees 14 minutes 53 seconds West and a chord distance of 76.63 feet; thence
170046 17
continue northwesterly along a reverse curve, concave to the northeast, 43.29 feet, having a radius of
236.07 feet, central angle of 10 degrees 30 minutes 26 seconds, chord bearing of North 52 degrees 00
minutes 00 seconds West and a chord distance of 76.63 feet to the southwesterly line of said Outlot A and
said line there terminating.
170046 18