HomeMy WebLinkAbout1998-09 09-28 CCO CORRECTED
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 14th da.y of September, 1998, at
7p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an ordinance providing for the sale of certain real property of the City.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 569-3300 to make arrangements.
ORDINANCE NO. 9 8- 0 9
AN ORDINANCE PROVIDING FOR THE SALE OF CERTAIN REAL
PROPERTY OF THE CITY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. The real property owned by the City and legally described as Lot 4,
Block 1, Lynbrook Bowl Addition is hereby authorized to be sold and conveyed to Crown
Brawley LLC. The sale shall be made according to the terms and conditions of the purchase
agreement attached as E�ibit A to this ordinance.
Section 2. The Mayor and City Manager are authorized and directed to si�n all
d�cuments necessary to effect the sale contemplated by this ordinance, including, by way of
illustration and not limitation, the execution of all documents, purchase agreements, deeds of
conveyance, and other instruments connected with such sale, transfer or disposition and
conveyance.
Section 3. This ordinance shall be effective after adoption and thirty days
following its legal publication, and sha11 be effective with the recorckng of the plat of Rega1 Road
Development Addition.
Adopted this 28th day of September 1998.
/1-�I�'L���-a
i ,�Iayor Myrna Kr�ness
��'�1i.11�/�
ATTEST: City Clerk Sharon Knutson
Date ofPublication: October 7, 1998
EfFective Date: November 6, 1998
(Strikeout indicates matter to be deleted, underline indicates new matter.)
Execution Copv
PURCHASE AGREEMENT
S
1. PARTIES. This Purchase Agreement is made as of this day of 1998, by and
between the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation ("Sellers"),
and CROWN BRAWLEY LLC, a Minnesota limited liability company ("Buyer").
2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell certain real
property located in the City of Brooklyn Center, Minnesota legally described as follows:
Parcel 1
Lot 4, Block 1, Lynbrook Bowl Addition, according to the recorded plat
thereof, Hennepin County, Minnesota
Parcel 2
That part of Tract D, Registered Land Survey No. 678, shown as Parcel
3B on Minnesota Department of Transportation Right of Way Plat
Numbered 27-20 as the same is on file and of record in the office of the
Registrar af Titles in and for Hennepin County, Minnesota; the title
thereto being registered as evidenced by Certificate of Title No. 742403
Parcel3
The Southerly fifteen (15) feet of that part of the westerly 155 feet of Lot Seventeen (17),
Auditor's Subdivision No. 3101ying southerly of the northerly 150 feet thereof.
3. PRICE AND TERMS. The price for the Property is Seventy-eight Thousand and
00/100 Dollars ($78,000.00) (the "Purchase Price") which Buyer shall pay as follows: Earnest
money of Five Hundred and no/100 Dollars ($500.00), in cash, paid to Title (hereinafter
defined), receipt of which is hereby acknowledged by Seller; and Seventy-seven Thousand Five
Hundred and 00/100 Dollars ($?7,500.00) in cash on or before the date which is ten (10) days
after the Contingency Date (hereinafter defined) (the ("Date of Closings"), subject to extension
in the event (and to the extent) that the Contingency Date (hereinafter defined) is extended as
hereinafter provided, and subject to any extension required to effect the cure of Buyers title
objections in the manner provided in Paragraph 13 (TITLE CORRECTION AND REMEDlES)
hereof. The parties hereto agree that said Earnest Money shall be deposited with Stewart Title
Company of Minnesota ("Titie"), to be held in escrow by Title and disbursed as provided in this
Purchase Agreement. Buyer shall pay all escrow fees charged by Title for holding and
disbursing said Earnest Money. Such escrow shall be subject to the further terms and conditions
set forth in Paragraph 21 (DUTIES OF TITLE) hereof.
4. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and
deliver a Quit Claim Deed (the "Deed") conveying the Property to Buyer. The Deed shall
convey marketable title to Parcel 1 of the Property, subject to (a) building and zoning laws,
ordinances, state and federal regulations; (b) reservation of any mineral rights by the State of
Minnesota; and (c) exceptions to title which constitute encumbrances, restrictions, or easements
which have been disclosed to and accepted by Buyer as provided in Pazagraph 12
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(EXAMINATION OF TTTLE) and Paragraph 13 (TITLE CORRECTIONS AND REMEDIES)
of this Purchase Agreement. The Seller has no obligation to convey marketable title to Parcels 2
or 3 of the Property, and Buyer acknowledges that the provisions of Paragraph 13 below do not
apply to said Parcels 2 or 3.
S. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and
payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar
year basis to the actual Date of Closing, unless otherwise provided in this Purchase Agreement.
Buyer and Seller shall prorate as of the Date of Closing all installments of special
assessments certified for a ment with the real estate taxes due and a able in the ear of
PY PY Y
closing
Seller shall pay on or before the Date of Closin� all other special assessments levied as of
I the date of this agreement.
Seller shall pay all special assessments pending as of the date of this Purchase Agreement
for improvements that have been ordered by the City Council or other governmental assessing
authorities. As of the date of this Purchase Agreement, Seller rePresents that Seller has not
received a Notice of Hearing of a new public improvement project from any governmental
assessing authority, the costs of which project may be assessed against the Property. If a special
assessment becomes pending after the date of this Purchase Agreement and before the Date of
Closing, Buyer may, at Buyer's option:
A Assume a ent of said endin s ecial assessments without ad'ustment to the
P Ym P g P J
Purchase Price; or,
B. Require Seller to pay said pending special assessments and Buyer shall pay a
commensurate increase in the Purchase Price, which increase shall be the same as the estimated
amount of said pending special assessments; or,
C. Declare this Purchase Agreement null and void by notice to Seller, and in such
event the Earnest Money paid hereunder shall be refunded to Buyer.
Seller shall pay on the Date of Closing any defened real estate taxes or special
assessments payment of which is required as a result of the closing at the sale contemplated by
this Purchase Agreement and/or the proposed development of the Property by Buyer.
Buyer shall pay real estate taxes due and payable in the year following closing and
thereafter and any unpaid special assessments payable therewith and thereafter, the payment of
which is not otherwise provided for herein. Seller warrants that real estate taxes due and payable
in 1998 will be non-homestead classification. Seller makes no representations concerning the
amount of future real estate taxes or of future special assessments.
6. CONDEMNATION OR ADVERSE POSSESSION. If, prior to Date of Closing,
eminent domain proceedings are commenced against all or any portion of the Property, Seller
shall assign to Buyer at closing all of Seller's right, title and interest in and to any award made or
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to be made in such proceedings Seller shall assign to Buyer, at closing, any rights to claims of
adverse possession.
7. SELLER'S LIEN WARRANTIES. Seller w� that there has been no labor or
material furnished to the Property for which payment has not been made. This warranty shall be
reaf�rmed to Buyer in writing by Seller as of the Date of Closing, and shall survive the delivery
of the Deed; provided, however, that any claim for breach of the warranty must be brought
within six months after the Date of Closing.
8. CONDITION OF PROPERTY. Buyer agrees to accept the condition of the Property,
including specifically without limitation, the environmental and geological condition of the
Property, in an "AS-IS" and with "ALL FAULTS" condition. Buyer's acceptance of title to the
Property shall represent Buyer's acknowledgment and agreement that: (1) Seller has not made
any written or oral representation or warranty of any kind with respect to the Property (including
without limitation express or implied warranties of title, merchantability, or fitness for a
particular purpose); (2) Buyer has not relied on any written or oral representation or warranty
made by Seller, its agents or employees with respect to the condition or value of the Property; (3)
Buyer has had the opportunity to make its own inspection and investigation of the environmental
condition of the Property prior to Buyer's acceptance of title, and Buyer accepts the condition of
the Property "AS IS." Furthermore, the damage or destruction of any improvements that are a
part of the Property shall not affect the obligations of Buyer or Seller hereunder, except that in
such event Seller sha11 assign or deliver to Buyer at closing all of Seller's interest in any
insurance proceeds, or the actual proceeds, resulting from such damage or destruction, regardless
of when paid.
Seller agrees to provide Buyer with a copy of all public information in Seller's possession
or control relating to the condition of the Property including, but not limited to, surveys, soil
reports, environmental reports, plans for bui�dings, specifications, and geotechnical information,
if any exist, within (15) days after the full execution of the Purchase Agreement. Seller makes
no warranty or representation as to the accuracy of the information so provided to Buyer.
9. DISCLOSURE OF NOTICES. Seller has not received any notice from any
governmental authority as to the violation of any law, ordinance or regulation with respect to the
Property. If the Property is subject to restrictive covenants, Seller has not received any notice
from any person as to a breach of the covenants Seller shall reaffirm these representations to
Buyer in writing as of the Date of Closing.
10. CLOSING; ALLOCATION OF CLOSING COSTS. Closing of the transaction
contemplated by this Purchase Agreement shall occur on the Date of Closing, at the offices of
Title at 1600 West 82nd Street, Suite 100, in Bloomington, Minnesota, at 10 a.m., or at such
other place or time of day as the parties hereto may agree to. Seller and Buyer shall each pay
one-half (1/2) of any fee or charge imposed by Title to cIose said transaction. SeIIer shall be
responsible for the payment of the State Deed Tax due on the recording of the Deed, but Buyer
shall pay for the cost of filing the Deed. Seller and Buyer each shall be responsible for the
payment of their respective attorneys' fees.
11. POSSESSION. Seller shall deliver possession of the Property on the Date of Closing.
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12. EXANIINATION OF TITLE. If the Property is abstract property, Seller shall, within a
reasonable time after the Execution Date (hereinafter defined), furnish Buyer with an Abstract of
Title to the Property. If the Property is Torrens title, Seller shall, within a reasonable time after
the Execution Date, furnish Buyer with a Registered Property Abstract to the Property. Said
Abstract of Title or said Registered Property Abstract (as the case may be) shall include
appropriate judgment and tax lien searches. Using said Abstract of Title or said Registered
Property Abstract, Buyer shall obtain a Commitment for an Owners Policy of Title Insurance
(ALTA Form B-1992) from Title (the "Commitment") in which Title agrees to insure good and
marketable title to the Property of record (without exception, as to Parcel 1 of the Property) with
standard exceptions thereto for mechanic's liens, matters disclosed by survey and rights of parties
in possession and which provides for increased coverage to include the cost of improvements
hereafter constructed on the Property by Buyer or Buyer's assignee. The Commitment shall
include affirmative coverage against loss or damage or claims of unmarketability for gaps, gores
or overlaps between or within the various parcels which make up the Property and any property
adjacent thereto.
In addition, within a reasonable time after Buyer's receipt of the Commitment, Buyer
shall obtain, at its sole cost and expense, a survey of the Property, dated subsequent to the date
hereof and certi�'ied to Buyer by a registered land surveyor licensed in the State of Minnesota as
having been prepared in accordance with the Minimum Standard Detail Requirements for and
Title Surveys, as jointly adopted by the American Land Title Association and the American
Conaress on Surveying and Mapping in 1997 and as meeting the standards of an "Urban" survey
(the "Survey"). The Survey shall show (i) the bcundary lines; (ii) the legal description; (iii) the
location of all adjacent roadways and any limitation of access; (iv) the location of a11 utilities
located on or adjacent to the Property; (v) the location of all easements; (vi) the area of the
Property in square feet (exclusive of the area of any roadway easements); (vii) the location of all
visible encroachments; (viii) all setback lines, and (ix) all matters refened to on the Commitment
that reasonably can be shown on such a survey.
Buyer shall have thirty (30) business days after receipt of the Survey to provide Seller
with a copy of the Commitment and the Survey and written objections to the status of the title
matters disclosed therein. Buyer shall be deemed to have waived any title objections not made
within said thirty (30) day period, except that this shall not operate as a waiver of Seller's
covenant to deliver the Deed. No objection shall be made to the exceptions to title listed in
Paragraph 5 above or to the standard exceptions to title contained in said Commitment (other
than those relating to mechanic's liens, matters disclosed by survey and rights of parties in
possession).
The costs of continuing said Abstract of Title to a current date, or the costs of producing
said Registered Property Abstract, as the case may be, and the costs of producing said judgment
and tax lien searches, shall be paid by Seller. The service charge for said Commitment and the
premium for the policy issued pursuant thereto, if ordered, shall be paid by Buyer.
13. TITLE CORRECTIONS AND REMEDIES. Seller shall have until the Date of
Closing to make title marketable as to Parcel 1 of the Property. Upon receipt of Buyer's title
objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make
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title marketable within such period. Liens or encumbrances for li uidated amounts that can be
9
released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the
defects by Seller shall be reasonable, diligent, and prompt; provided, that nothing in this
agreement shall be construed to require the Seller to exercise its power of eminent domain in
order to make title marketable.
A. If notice is given and Seller makes title marketable, then upon presentation to
Buyer and Buyer's proposed lender of documentation establishing that title has
been made marketable, and if not objected to in writing within ten (10) business
days of receipt of said documentation, the closing shall take place within ten (10)
business days or on the scheduled Date of Closing, whichever is later.
B. Notwithstanding anything contained in this Paragraph 13 to the contrary, and time
being of the essence hereof, if Seller has not diligently pursued the curing of any
objections to title raised by Buyer within a reasonable time after the removal of all
contingencies set forth in Paragraph 16 below, then Buyer shall have the right (but
not the obligation) to cure the same and to deduct the costs which Buyer incurs in
making such cure from the Purchase Price.
C. If title is mazketable, or is made marketable as provided herein, and Buyer
defaults in any of its agreements herein Seller may elect either of the following
options, as permitted by law:
1. Cancel this Purchase Agreement as provided by statute and retain all
payments made hereunder as liquidated damages.
2. Seek specific performance within six (6) months after such right of action
arises, including costs and reasonable attorney's fees, as permitted by law.
D. If title is marketable, or is made marketable as provided herein and Seller defaults
in any of the agreements herein, Buyer may, as permitted by law.
1. Seek damages from Seller, including costs and reasonable attorney's fees.
2. Seek specific performance within six (6) months after such right of action
arises, including costs and reasonable attorneys' fees, as permitted by law.
TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS PURCHASE
AGREEMENT.
14 BROKER DISCLOSURE AND BROKER REPRESENTATIONS. TERRY MOSES
OF PRUDENTIAL COMMERCIAL SERVICES METRO DTSCLOSES THAT HE IS
REPRESENTING BUYER IN THIS TRANSACTION. Buyer is responsible for paying Mr.
Moses' fee. Seller and Buyer each represent to the other that they have not dealt with any other
broker in connection with the transaction contemplated by this Purchase Agreement, and each
agrees to indemnify and hold the other harmless from any claims, damages, costs or expenses of
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i
or for any fee or commission resulting from their actions or agreements regarding such
transaction which may be claimed by any such other broker.
15. MINNESOTA LAW, This Purchase Agreement shall be governed by the laws of the
State of Minnesota.
16. CONTINGENCIES. Buyer's obligations under this Purchase Agreement are contingent
i upon the occurrence of the following on or before December 30, 1998 (the "Contingency Date"):
A. The results of any investigation of the physical conditions of the Property which
Buyer in its discretion may choose to make, which may include an environmental
audit of the Property, are satisfactory to Buyer in its absolute discretion. Seller
agrees that Buyer and its agents shall have access to the Property at ali reasonable
times to perform such investigations, provided that Buyer shall be responsible for
all costs and expenses relating to such investigations, shall hold Seller and the
Property harmless from all liability which may arise as the result of such
investigations by Buyer, and shall restore the Properly to substantially the same
condition as existed prior to such investigation.
B. Buyer and/or its assign has closed, or is prepared to close, the purchase of the fee
title to all of the properties described on Exhibit A attached hereto and made a part
hereof.
Bu er in its sole discretion ma w'
aive
Y y any or all of the foregoing contingencies, wh.ch waiver
shall be in writing, given to Seller on or before the Contingency Date. However, if all of the
foregoing contingencies have not been satisfied or waived by Buyer on or before the
Contingency Date, then this Purchase Agreement shall be null and void, without the need for
further action on the art of either art hereto and thereu on Title shall retu t
r r Y r rn• Zuyer all
Earnest Money held by Title.
17 WELL DISCLOSURE. Except as may be set forth in any Well Disclosure Certificate
made by Seller and delivered to Buyer simultaneously with the execution of this Purchase
I
A reem
g ent by Seller, Seller does not know of any wells (within the meaning of Minnesota
Statutes Section 1031.005, subdivision 21) on the Property.
I 18. ASSIGNMENT. Buyer shall have the right to assign all of its interest under this
Purchase A reemen w'
t ithout the consent of Seller and u on uch si n
g p s as g ment Buyer shall be
released from all further liability to Seller, or otherwise, under this Purchase Agreement,
provided that the assignee of Buyer's interest in this Purchase Agreement assumes in writing all
I of the obligations of Buyer under this Purchase Agreement.
19. NOTICES. Any notice, demand, request or other communication which may or shall be
given or served by Seller to or on Buyer, or by Buyer to or on Seller, shall be deemed to have
been given ar served on the date the same is hand delivered or deposited in the United States
mail, registered or certified, postage prepaid, and addressed as follows
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If to Seller: City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
Attention: Brad Hoffman
If to Buyer: Crown Brawley LLC
c/o Marc L. Kruger
22220 Monroe Street NW
Elk River, MN 55330
20. ENTIRE AGREEMENT. This Purchase Agreement contains the entire agreement
between Seller and Buyer relating to the purchase and sale of the Property, and it may be
amended only by an instrument in writing signed by both parties hereto and consented to by
Title.
21. DUTIES OF TITLE. The sole duties of Title shall be those described herein, and Title
shall be under no obligation to deternune whether the other parties hereto aze complying with
any requirements of law or the terms and conditions of any other agreements between said
parties. Title may conclusively rely upon and shall be protected in acting upon any notice,
consent, order or other document believed by it to be genuine and to have been signed or
presented by the proper party or parties hereto, consistent with reasonable due diligence on the
part of Title. Title may consult the advice of counsel with respect to any issue concerning the
interpretation of its duties hereunder. Seller and Buyer each hereby acknowledge such fact and
indemnify and hold harmless Title from any action taken by Title in good faith in reliance
thereon. Title shall have no duty or liabiiity to verify any such notice, consent, arder or other
document, and its sole responsibility shall be to act only as expressly described herein.
22. BUYER'S RIGHT TO ACCELERATE DATE OF CLOSING. Buyer shall have the
right, at its option, to accelerate the Date of Closing, provided that Buyer shall give Seller at least
ten (10) days advance written notice of the date of closing selected by Buyer.
IN WITNESS WHEREOF, Seller and Buyer have caused this Purchase Agreement to be
executed as of the day and year first above written.
CITY OF BROOKLYN CENTER
By
Its Mayo
And by
Its City Manag r
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r
I
CROWN BRAWLEY LLC
I
By /1 l�
It� Member
I
i
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CONSENT OF TITLE
STEWART TITLE COMPANY OF MINNESOTA, the party identified as "Title" in
the foregoing Purchase Agreement, agrees to hold and disburse all funds deposited with it
pursuant to the terms of said Purchase Agreement, in accordance with the terms and conditions
of said Purchase Agreement, subject to the specific disclaimer contained in Paragraph 21 thereof.
STEWART TITLE COMPANY OF MINNESOTA
B
Its
I
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EXHIBIT A
Lilac Drive and that part of Camden Avenue North, all platted in Lynbrook Bow 1 Addition,
Hennepin County, Minnesota lying southerly of a line described as follows: Commencing at the
southeast corner of Lot 1, Black 1, Nordling Addition; thence on an assumed bearing of North 4
degrees 57 Minutes 11 seconds West, along the east line of said lot l, a distance of 331.37 feet to
the actual point of beginning; thence southeasterly along a nontangential curve concave to the
northeast for a distance of 150.00 feet and there terminating, said curve has a radius of 60.00 feet
and a chord bearing of South 49 degrees 57 minutes 03 seconds East.
That part of 65th Avenue North lying easterly of the northerly extension of the west line of Lot
3, Block 1, Lynbrook Bowl Addition and lying westerly of the west line of MN/DOT Right of
Way Plat No. 27-20.
PARCEL A
Parcel 3 B and that part of Minnesota Department of Transportation Right-of-Way Plat No.
21-20' Hennepin County, Minnesofa lying westerly of the following described line: Beginning at
Point B 7 as designated on said Right of-Way Plat No. 27-20, thence southerly the northeast
corner of Lilac Lane as designated m Lynbrook Bowl Additions and there terminating.
PARCEL B
That part of Minnesota Department of Transportation Right of-Way Plat N 2720, and that part of
State Highway No. 252 and Interstate Highway No. 694 all in Government Lot 3, Section 36,
Township 119, Range 21, Hennepin County, Minnesota:
Commencing at Point B 8, as designated on said Right of way Plat No. 27-20; thence southerly
along the westerly right of way line of said Plat No. 27-20 along a non tangential curve concave
to the east, 12.44 feet to the point of beginning, said curve has a radius of 5852.87 feet, a central
angle of 0 degrees 67 minutes 18 seconds and a chord bearing of South 5 degrees 47 minutes 22
seconds east (for purposes of this description the said westerly right of way line between point B
9 and B 8 as designated on said Plat No. 17-20 has an assumed bearing of South 18 degrees 39
minutes 8 seconds east Thence continuing southerly along said curve, 354.96 feet, to point B7
as designated on said Plat No.27-20, said curve has a radius of 5852.87 feet a central angle of 3
degrees 28 minutes 29 seconds and a chord bearing of South 7 degrees 35 minutes I6 seconds
East thence South 9 degrees 11 minutes 21 seconds West, a distance of 60.78 feet to the
northeast corner of Lilac Drive as platted in Lynbrook Bowl Addition; thence South 1 degree 07
minutes 26 seconds West along said right-of-way, 317.45 feet, thence South 17 degrees38
minutes 35 seconds West along said right of way, 158.12 feet, thence South 33 degrees 41
minutes 09 seconds West along said right of way 236.56 feet; said point here in after as known
as Point A; thence northeasterly along a non tangential curve concave to the southwest, 137.64
feet said curve has a radius of 1500 feet, a central angle of 5 degrees 15 minutes 27 seconds and
a chord bearing of North 31 degr�es 03 minutes.26 seconds East; thence northeasterly along a
reverse curve concave to the northwest, 191.49 feet, said curve has a radius of 500 feet and a
central angle of 21 degrees 56 minutes 36 seconds, thence North 17 degrees 00 minutes 00
seconds East, tangent to last described curve, 120.54 feet; thence northerly along a tangential
curve concave to the west, 218.17 feet, said curve has a radius of 500 feet and a central angle of
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25 degrees 00 minutes QO seconds; thence North 8 degrees 00 minutes 00 seconds West, tangent
to last described curve, 222.71 feet to the point of beginning.
Together with that part of said Interstate Highway No. 694 described as follows:
Commencing at the above herefore said Point A, thence South 33 degrees 41 minutes 09 seconds
West, along said right of way of Lilac Drive, 28.08 feet; thence South 52 degrees 31 minutes 42
seconds West, along said right of way, 26.40 feet to the point of said beginning; thence
continuing South 52 degrees 31 minutes 42 seconds West, along right of way, 205.52 feet;
thence North 37 degrees 45 minutes 11 seconds West, a distance of 35.00 feet, to the southerly
line of Lot l, Block 1, Lynbrook Bowl Addition, thence South 52 degree 31 minutes 42 seconds
East, a distance of 60.33 feet; thence South 70 degrees 23 minutes 17 seconds West, a distance of
90.36 feet; thence North 67 degrees 45 minutes 56 seconds West, a distance of 21.76 feet, to the
west line of said Lot 1; thence South 04 degrees 57 minutes 11 East, along said west line 15.00
feet, thence South 70 degrees 00 minutes 00 seconds West, a distance of 31.01 feet to the west
line of said Government Lot 3, thence South 4 degrees 57 minutes 11 seconds East, along said
west iine 24.44 feet; thence easterly, along a non tangential curve concave to the North 38.44
feet, said curve has a radius of 480.00 feet, central angle of 4 degree 35 minutes 26 seconds and a
chord bearing a North $2 degree 45 minutes 9 seconds East; thence continuing easterly along a
compound curve concave to the North, 147.28 feet said curve has a radius of 350.00 feet and a
central angle of 24 degrees 6 minutes 36 seconds; thence northeasterly along a compound curve
concave to the northwest 205.07 Feet, said curve has a radius of 1500.00 feet and a central angle
of 7 degree 49 minutes 59 seconds' thence northeasterly along a reverse curve concave to the
northeast, 35.02 feet to the point of beginning, said curve has a radius of 500.00 feet and a
central angle of 4 degree 00 minutes and 47 seconds
PARCEL C:
That part of Minnesota Department of Transportation Right of Way Plat No. 27-20 and that part
of State Highway No. 252 and Interstate Highway No. 694, all in Government Lot 3, Section 36,
township 119, Range 21, Hennepin County, Minnesota described as follows:
Commencing at Point B 8, as designated on said Plat No. 27-20; thence southerly along a non
tangential curve along the westerly right of way of said Plat No. 27-20, 12.44 feet said curve has
a radius of 5852.87 feet, central angle of 0 degrees 07 minutes 18 seconds and a chord bearing of
South degrees 47 minutes 22 seconds East, thence South 10 degrees 00 minutes 00 seconds
East, not tangent to last described curve, 250.00 feet to the point of beginning; thence continuing
South 10 degrees 00 minutes 00 seconds East. a distance of 201.27 feet; thence southerly, along
a tangential curve concave to the northwest, 791.21 feet, said curve has a radius of 725.00 feet
and a central angle of 62 degrees 31 minutes 42 seconds; thence South 52 degrees 31 minutes 42
seconds West, tangent to last described curve, 129.8g feet, thence southwesterl alon a
Y g
tangential curve concave to the northwest 272.43 feet to a point of cusp, said cove has a radius of
480.00 feet and a central anile of 32 degrees 31 minutes Q7 seconds; thence northeasterly along a
curve concave to the North 147.28 feet, said curve has a radius of 350.00 feet and' a central angle
of 24 degrees 06 minutes 36 seconds; thence continuing northeasterly along a compound curve
concave to the northwest, 205.07 feet, said core has a radius of 1500.00 feet and a central angle
of 7 degrees 49 minutes 59 seconds; thence continuing northeasterly along a reverse curve
concave to the southeast, 35.02: feet, said curve has a radius of 500.00 feet and a central angle of
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4 degrees 00 minutes and 47 seconds, thence North 52 dearees 31 minutes 42 seconds East
tangent to last descried curve, 26.40 feet; thence North 33 degrees 41 minutes 09 seconds East, a
distance of 28.08 feet, thence northeasterly along a tangential curve concave to the southeast,
137.64 feet, said curve has a radius of 1500.00 feet and a central angle of 5 degrees 15 minutes
27 seconds; thence continuing northeasterly along a reverse curve concave to the northwest,
191.49 feet, said curve has a radius of 500.00 feet and a central angle of 21 degree 56 minutes 36
seconds; thence North 17 degrees 00 minutes 00 seconds East, tangent to the last described
curve, I20.5� feet, thence northerly along a tangential curve concave to the West, 218.17 feet,
said curve has a radius of 500.00 feet and a central angle of 25 degrees 00 minutes 00 seconds;
thence North 8 degrees 00 minutes 00 seconds West, tangent to the last describes curve, 222.71
feet to the point of beginning.
Parcel l
Tract D, except the East 29 feet of the South 98.2 feet thereof along the South and East lines
respectively of said Tract D; Tracts F and G; Registered Land Survey No. 678, Files of the
Registrar of Titles, County of Hennepin
Parcel 2
The West 82.7 feet of the South 98.2 feet of Tract C, Registered Land Survey No. 678; and
The East 29 feet of the South 98.2 feet of Tract D, Registered Land Survey No. 678.
Parcel 3
The Southerly 75 feet of the Northerly 150 feet of the Westerly 155 feet of Lot 17, Auditors
Subdivision No. 310, Hennepin County, Minnesota.
Parcel4
The Northerly 75 feet of the Westerly 155 feet of Lot 17, Auditors Subdivision No. 310,
Hennepin County, Minnesota.
Parcel5
Lots 1 and 2, Block 1, Lynbrook Bowl Addition.
Pazce16
Lot 3, Block 1, Lynbrook Bowl Addition.
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Parcel 7
Tracts A and B; and that part of the South 98.2 feet of Tract C lying East of the West 82.7 feet
thereof; and that part of Tract C lying. North of the South 98.2 feet thereof; all in Registered
Land Survey No. 678, Files of the Registrar of Titles, County of Hennepin.
Parcel 8
That part of the Westerly 155 feet of Lot 17, Auditors Subdivision No. 310, Hennepin County,
Minnesota, lying Southerly of the Northerly 150 feet thereof.
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