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HomeMy WebLinkAbout5H Easement Agreement with Ries & Latham ti 4% tri 4646 Dakota Street SE Prior Lake, MN 55372 ' 1IvNEso'tP CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 28, 2015 AGENDA#: 5H PREPARED BY: LARRY POPPLER, CITY ENGINEER/ INSPECTIONS DIRECTOR PRESENTED BY: LARRY POPPLER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT WITH RANDY RIES AND ROBERTA LATHAM DISCUSSION: Introduction The purpose of this agenda item is to review an easement agreement for the Randy Ries and Roberta Latham property. The easement is over City parkland off Pershing Street. History In 2014, the City received a number of code enforcement complaints within the Pershing Street neighborhood. As investigations of specific cases ensued, it was discovered that a gravel driveway for 3995 Pershing Street was not located within the private property limits and is located on Westbury Park Property near Dutch Avenue (PID#s 252950370 and 251010160). The home at 3995 Pershing Street was constructed in 1954 and the driveway in question has been in its current location since that time. A second driveway to the upper portion of the lot is also located on this property. The City took owner- ship of the park property in 1994. The City Attorney's office advises that because of the City ownership this driveway is not grandfathered. Current Circumstances The City and property owner wish to clarify this situation. The attached easement agreement provides a mechanism to allow the driveway to remain on park prop- erty. Movement of the driveway outside of the park property would be costly and likely involve construction of retaining wall. In 2011, the City entered into an agreement with Burt Olson on a very similar situ- ation near West Avenue and over Lakefront Park property. As a part of the Olson agreement, the City was compensated for the easement at a rate of$3.75 per square foot and compensated for staff and attorney time of$1,500. The driveway was also required to be paved. Mr. Ries has provided the attached letter regarding his situation and has re- quested that the City grant the easement over park property but not require pay- ment for the easement. Payment for the driveway easement at $3.75 per square foot would require payment to the City of$3,945. Adding staff and City Attorney costs of $1,500 would result in a total cost of$5,445. ISSUES: The current driveway encroaches onto City property, by approving this agreement the City is acknowledging the encroachment and memorializing the management of that encroachment through a perpetual easement. FINANCIAL IM- Unless the City Council waives the compensation provision, the City of Prior Lake PACT: will receive $5,445 as compensation for the easement. This includes $1,500 for staff and City Attorney time to execute the easement agreement documents. This also includes the cost for the easement itself. The City used a price of$3.75 per square foot to calculate the easement cost which was the same rate utilized for a similar agreement in 2011. All costs associated with the asphalt installation and restoration associated with the driveway will be borne by Mr. Ries and Ms. Latham. ALTERNATIVES: 1. Approve a resolution as part of the consent agenda authorizing the Mayor and City Manager to execute an Easement Agreement with Randy Ries and Rob- erta Latham at a cost to the private parties of $5445. 2. Remove the item from the consent agenda and consider approving the reso- lution approving the easement agreement at no cost as requested by the peti- tioner. 3. Deny or table the Resolution. RECOMMENDED A motion and a second for approval of Alternative #1 MOTION: O1 "IO% U tr1 4646 Dakota Street SE `tlr7v so t" Prior Lake, MN 55372 RESOLUTION 15-xxx A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT WITH RANDY RIES AND ROBERTA LATHAM Motion By: Second By: WHEREAS, Randy Ries and Roberta Latham own lots 5, 6, and half of lot 7 of the Spring Brook Park Second Addition; and WHEREAS, The driveway for the Ries/Latham property is located over Westbury Pond Park property; and WHEREAS, Randy Ries and Roberta Latham wish to improve the driveway by paving it; and WHEREAS, Randy Ries and Roberta Latham are seeking a perpetual easement for access over City Property. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Mayor and City Manager are hereby authorized to execute an easement agreement with Randy Ries and Roberta Latham. 3. The City shall be reimbursed for the easement rights by Randy Ries and Roberta Latham in the amount of$5,445.00. 4. Funds paid to the City for the easement shall be deposited into the General Fund#101-00000.00- 39102.00. 5. Staff is directed to record the executed easement with Scott County. PASSED AND ADOPTED THIS 28th DAY OF SEPTEMBER 2015. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Frank Boyles, City Manager AGREEMENT GRANTING A NONEXCLUSIVE PERMIT FOR A DRIVEWAY TO ENCROACHMENT UPON CITY PROPERTY AND PROVIDING FOR THE USE AND MAINTENANCE OF THE DRIVEWAY This Agreement ("Agreement") is made this day of , 2015, by and among the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Randy W. Ries and Roberta J. Latham (single persons? Divorced and unremarried? Husband and wife?) (collectively the "Owners"). RECITALS A. The Owners own real property in Scott County, Minnesota legally described as: All of Lots 5 and 6, and that part of the Northeasterly one half of Lot 7 described as follows: Beginning at the Northwest corner of said Lot 7 and following the Northerly line to the Northeast corner thereof; thence South on the East line of said Lot 7 to the Southeast corner thereof, thence diagonally to the Northwest corner of said Lot 7 to the point of beginning. All in the plat of Spring Brook Park 2nd Addition, Scott County, Minnesota ("Property"). B. The Property abuts, and has and uses as its primary means of access a gravel driveway off of Pershing Street ("Driveway"). C. The Driveway encroaches upon City park property ("City Property") to the East. D. The Owners desire to improve the Driveway for the immediate benefit of the Property; and to that end, the Owners have submitted and the City has approved a survey ("survey"), attached hereto as Exhibit A and made a part hereof, which survey 1 shows the Driveway and the improvements for the construction of a paved driveway and appurtenant structures related thereto ("Driveway Improvements"). E. Subject to the terms and conditions set forth in this Agreement, the City consents to granting a non-exclusive permit for the driveway to encroach upon the City Property legally described below. F. The granting of a permit for encroachment and consenting to the construction of the Driveway Improvements serves a public purpose by providing the City with an improved surface for public safety vehicles and public safety personnel to access the Property. G. The Planning Commission has considered the impact of a permit to encroach on the Prior Lake Comprehensive Plan and determined a permit to encroach is not inconsistent with the Comprehensive Plan. AGREEMENT Now, therefore, the parties hereto agree as follows: 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. GRANT OF PERMIT. Subject to the terms and conditions set forth in this Agreement, the City hereby grants and conveys a non-exclusive, perpetual permit to encroach for a driveway ("Permit") upon the following described City Property ("Driveway Area"): That part of Government Lot 1, Section 3, Township 114, Range 22 described as follows: Commencing at the Northeast Corner of Lot 5, Spring Brook Park Second Addition, Scott County, Minnesota, thence on a bearing of N 77 degrees 32 minutes E along the north line of Outlot A a distance of 15.00 feet to the point of beginning for a 10.00 feet wide driveway; thence South a distance of 46.17 feet thence S 14 degrees 22 minutes 38 seconds W a distance of 60 feet more or less to the East line of Lot 5 and its side lines of the driveway extension or shorten on said East line of Lot 5. 2 r1 3. DRIVEWAY IMPROVEMENTS. The City hereby grants the Owners permission to construct, at their sole cost and expense, Driveway Improvements consistent with the survey and applicable City requirements. Upon completion of the Driveway Improvements the Owners shall provide the City with a complete set of As- Built drawings of the Driveway Improvements in such number and format as required by the City Engineer. Any additional Driveway Improvements beyond those in the approved Plans shall require submission to and approval by the City of new plans and specifications. 4. MAINTENANCE. The Owners shall be responsible for the construction, maintenance, repair, replacement and restoration (collectively "Maintenance") of the Driveway Improvements and the Driveway Area. In no event shall the City have any responsibility or obligation to participate in, perform or pay the cost of any such Maintenance, including snow removal. 5. FUTURE CITY IMPROVEMENTS. City specifically reserves the right to remove or alter the Driveway in relation to future maintenance or improvements performed by the City ("Work"). If the Driveway is damaged or removed in relation to the Work, the City agrees to restore the Driveway to the condition it was in prior to the Work upon completion of the Work. 6. REVERSION OF PERMIT FOR NON-USE. If the Owners fail to complete construction of the Driveway Improvements, in accordance with the approved survey, within 250 days of the date the resolution authorizing this Agreement is passed by the Prior Lake City Council, the Permit and other rights and privileges granted herein shall automatically revert to City and be deemed null and void. Upon expiration of the 250 days the City may adopt and record with the Scott County Recorder or Registrar of Titles a resolution declaring that the Driveway Improvements are not complete and that this Permit is null and void. In the event the City does not record such a resolution the Driveway Improvements are deemed to be complete. 7. INDEMNITY. The Owners agree to indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and attorneys harmless from any and all claims, damages, losses, costs and expenses, including attorneys' fees, arising from, based on, or related to this Agreement, the Permit, the Driveway Area or the Driveway Improvements including acts or omissions of the Owners, or the Owners' employees, agents, contractors, representatives, guests, and 3 .-� invitees, and including, without limitation any claim against the City as a result of Owners' construction of the Driveway Improvements, the City's granting of the Permit or the failure of the Owners to maintain the Driveway Improvements and Driveway Area in a safe condition. 8. ACKNOWLEDGMENT. The Owners acknowledge that the Driveway Area and the Driveway Improvements are a private driveway, not a public street, that the City has no responsibility for the construction or maintenance of the Driveway Area or Driveway Improvements, and that the City has made no representations or warranties regarding the condition or suitability of the Driveway Area for the uses permitted by this Agreement. 9. WAIVER. The Owners, on behalf of themselves, their heir, successors and assigns waive any and all claims they may have now or in the future against City relating to access to the Property. 10. BINDING EFFECT. This Agreement shall run with the land and bind and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns. 11. RECORDING. The Owners shall record this Agreement with the Scott County Recorder or Registrar of Titles as applicable and shall provide the City with evidence that the Agreement has been recorded no later than December 1, 2015. 12. CONSIDERATION FOR PERMIT AND REIMBURSEMENT OF CITY COSTS. a. COMPENSATION FOR PERMIT. The Driveway Area consists of 1052 square feet. The City has valued the Driveway Area at $3.75 per square foot. The Owners shall pay to the City a total of$3,945.00 for the Permit. b. REIMBURSEMENT OF CITY COSTS. The Driveway Improvements and Permit were requested by the Owners for their immediate benefit. In consideration thereof, the Owners agree to pay to the City $1,500.00 to offset, in part, the time devoted to their request by City Staff and the City Attorney. 4 �-� If the Owners fail to make the above described payments to the City by November 30, 2015, the City may adopt and record with the Scott County Recorder or Registrar of Titles a resolution declaring the Permit and other rights and privileges granted herein to be null and void. 13. GOVERNING LAW AND ENFORCEMENT. This Agreement shall be governed by the laws of the State of Minnesota. The City reserves to itself the right, but not the obligation, to enforce any breach of this Agreement. The proper venue for an action relating to this Agreement is District Court in Scott County, Minnesota. 14. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions relating to the Permit and Driveway Improvements, and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. CITY OF PRIOR LAKE By Frank Boyles, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2015, by Frank Boyles, City Manager of the City of Prior Lake, Minnesota, a municipal corporation on its behalf. 5 OWNERS Randy W. Ries Roberta J. Latham STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2015, by Notary Public This instrument drafted by: Gregerson, Rosow, Johnson &Nilan, LTD 100 Washington Ave South, Suite 1550 Minneapolis, MN 55401 7 AGREEMENT GRANTING A NONEXCLUSIVE PERMIT FOR A DRIVEWAY EASEMENTTO ENCROACHMENT UPON CITY PROPERTY AND PROVIDING FOR THE USE AND MAINTENANCE OF THE DRIVEWAY EASEMENT This Agreement("Agreement") is made this day of , 2015, by and among the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Randy W. Ries and Roberta J. Latham (single persons?Divorced and unremarried? Husband and wife?) (collectively the "Owners"). RECITALS A. The Owners own real property in Scott County, Minnesota legally described as: All of Lots 5 and 6, and that part of the Northeasterly one half of Lot 7 described as follows: Beginning at the Northwest corner of said Lot 7 and following the Northerly line to the Northeast corner thereof;thence South on the East line of said Lot 7 to the Southeast corner thereof, thence diagonally to the Northwest corner of said Lot 7 to the point of beginning. All in the plat of Spring Brook Park 2nd Addition, Scott County, Minnesota ("Property"). B. The Property abuts, and has and uses as its primary means of access a gravel driveway off of Pershing Street ("Driveway"). C. The Driveway encroaches upon City park property ("City Property") to the East. D. The Owners desire to improve the Driveway for the immediate benefit of the Property; and to that end, the Owners have submitted and the City has approved a survey ("survey"), attached hereto as Exhibit A and made a part hereof, which survey shows the 1 ,-� Driveway and the improvements for the construction of a paved driveway and appurtenant structures related thereto ("Driveway Improvements"). E. Subject to the terms and conditions set forth in this Agreement, the City consents to granting a non-exclusive permit for the driveway - •. • . o encroach upon the City Property aslegally described below. F. The granting of a permit for encroachment and consenting to the construction of the Driveway Improvements serves a public purpose by providing the City with an improved surface for public safety vehicles and public safety personnel to access the Property. G. The Planning Commission has considered the impact of a driveway casementpermit to encroach on the Prior Lake Comprehensive Plan and determined a driveway easemen*permit to encroach is not inconsistent with the Comprehensive Plan. AGREEMENT Now, therefore, the parties hereto agree as follows: 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. GRANT OF EASEMENTPERMIT. Subject to the terms and conditions set forth in this Agreement, the City hereby grants and conveys a non-exclusive, perpetual permit to encroach for a driveway easement for ingress, egress and acce : . :: - , :_ - ' - the right of Owners to construct, repair, maintain, replace and restore the Driveway Improvements thereon, which easement and rights shall be appurtenant to the Property, ("Driveway Easement") over, under and across("Permit") upon the following described City Property ("Driveway Easement Area"): That part of Government Lot 1, Section 3, Township 114, Range 22 described as follows: Commencing at the Northeast Corner of Lot 5, Spring Brook Park Second Addition, Scott County, Minnesota,thence on a bearing of N 77 degrees 32 minutes E along the north line of Outlot A a distance of 15.00 feet to the point of beginning for a 10.00 feet wide driveway easement; thence South a distance of 46.17 feet thence S 14 degrees 22 minutes 38 seconds W a distance of 60 feet more or less to 2 the East line of Lot 5 and its side lines of easementthe driveway extension or shorten on said East line of Lot 5. 3. DRIVEWAY IMPROVEMENTS. The City hereby grants the Owners permission to construct, at their sole cost and expense, Driveway Improvements consistent with the Planssurvey and applicable City requirements. Upon completion of the Driveway Improvements the Owners shall provide the City with a complete set of As-Built drawings of the Driveway Improvements in such number and format as required by the City Engineer. Any additional Driveway Improvements beyond those in the approved Plans shall require submission to and approval by the City of new plans and specifications. 4. MAINTENANCE. The Owners shall be responsible for the construction, maintenance, repair, replacement and restoration (collectively "Maintenance") of the Driveway Improvements and the Driveway Easement Area. In no event shall the City have any responsibility or obligation to participate in, perform or pay the cost of any such Maintenance, including snow removal. 5. FUTURE CITY IMPROVEMENTS. City specifically reserves the right to remove or alter the Driveway in relation to future maintenance or improvements performed by the City ("Work"). If the Driveway is damaged or removed in relation to the Work, the City agrees to restore the Driveway to the condition it was in prior to the Work upon completion of the Work. 6. REVERSION OF EASEMENTPERMIT FOR NON-USE. If the Owners fail to complete construction of the Driveway Improvements, in accordance with the approved Planssurvey, within 250 days of the date the resolution authorizing this Agreement is passed by the Prior Lake City Council, the Driveway EasementPermit and other rights and privileges granted herein shall automatically revert to City and be deemed null and void without any further action on the part of the City. Upon expiration of the 250 days the City may adopt and record with the Scott County Recorder or Registrar of Titles a resolution declaring that the Driveway Improvements are not complete and that this Permit is null and void. In the event the City does not record such a resolution the Driveway Improvements are deemed to be complete. 7. INDEMNITY. The Owners agree to indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and attorneys harmless from any and all claims, damages, losses, costs and expenses, including 3 attorneys' fees, arising from, based on, or related to this Agreement, the Dfiveway EasementPermit, the Driveway Easement Area or the Driveway Improvements including acts or omissions of the Owners, or the Owners' employees, agents, contractors, representatives, guests, and invitees, and including, without limitation any claim against the City as a result of Owners' construction of the Driveway Improvements, the City's granting of the Permit or the failure of the Owners to maintain the Driveway Improvements and Driveway Easement Area in a safe condition. 8. ACKNOWLEDGMENT. The Owners acknowledge that the Driveway Easement Area and the Driveway Improvements are a private driveway,not a public street, that the City has no responsibility for the construction or maintenance of the Driveway EasementArea or Driveway Improvements, and that the City has made no representations or warranties regarding the condition or suitability of the Driveway Easement Area for the uses permitted by this Agreement. 9. WAIVER. The Owners, on behalf of themselves, their heir, successors and assigns waive any and all claims they may have now or in the future against City relating to access to the Property. 10. BINDING EFFECT. This Agreement shall run with the land and bind and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns. 11. RECORDING. The Owners shall record this Agreement with the Scott County Recorder or Registrar of Titles as applicable and shall provide the City with evidence that the Agreement has been recorded no later than December 1, 2015. 12. CONSIDERATION FOR DRIVEWAY EASEMENTPERMIT AND REIMBURSEMENT OF CITY COSTS. a. COMPENSATION FOR DRIVEWAY EASEMENT.PERMIT. The Driveway Easement Area consists of 1052 square feet. The City has valued the Driveway Easement Area at$3.75 per square foot. The Owners shall pay to the City a total of $3,945.00 for the Permit. b. REIMBURSEMENT OF CITY COSTS. The Driveway Improvements and Permit were requested by the Owners for their immediate 4 benefit. In consideration thereof, the Owners agree to pay to the City $1,500.00 to offset, in part, the time devoted to their request by City Staff and the City Attorney. If the Owners fail to make the above described payments to the City by November 30, 2015, the Driveway EasementCity may adopt and record with the Scott County Recorder or Registrar of Titles a resolution declaring the Permit and other rights and privileges granted herein . . . . " . - - . • . " -to be deemed null and void without any further action on the part of the City._ 13. GOVERNING LAW AND ENFORCEMENT. This Agreement shall be governed by the laws of the State of Minnesota. The City reserves to itself the right, but not the obligation,to enforce any breach of this Agreement. The proper venue for an action relating to this Agreement is District Court in Scott County, Minnesota. 14. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions relating to the Driveway EasementPermit and Driveway Improvements, and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. CITY OF PRIOR LAKE By Frank Boyles, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF ) 5 ^ The foregoing instrument was acknowledged before me this day of 2015, by Frank Boyles, City Manager of the City of Prior Lake, Minnesota, a municipal corporation on its behalf. Notary Public 6 .-� OWNERS Randy W. Ries Roberta J. Latham STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2015, by Notary Public This instrument drafted by: Gregerson, Rosow, Johnson &Nilan, LTD 100 Washington Ave South, Suite 1550 Minneapolis, MN 55401 7 33 .7 .: - . &iva Foit / j� Nati v.00 e"pat . b8o / ccse \me as. �, •1 _C CO 1 ME a-g ch g9�pBE d• Coaar°a oR �uF� � I-. Se40 79 I/ 3l 1.0 ��' .� (\) iM � 2 ` SIn__.. 8 � Aicv Ers cr50,0 ECOQUEa \ (A-1,1T 1 \ � - LEGAL .DESCRIPTION � All of Lots 5 and 6, and that part of the Northeasterly one half of Lot 7 described as follows: Beginning at the Northwest corner of said Lot 7 and following the Northerly line to the Northeast corner thereof; thence South on the East line of said Lot 7 to the Southeast corner thereof, thence diagonally to the Northwest corner of said Lot 7 to the point of begimming. All in the plat of Spring Brook Park 2nd Addition, Scott County, Minnesota. Scale4L ne-i=30 I hereby certify-that this is a true and correct representation of a survey of the boundaries of }fie abode t pecc lPeA Fr0Ipe,r+4 "\. SCQ'E-t. County, Minnesota as on file and of record in the Office of the County Recorder in and for said County, That I am a duly Registered. Land Surveyor under the Laws of the State.of Minnesota. Dated: PPa'Ll: 81266 ki_._ REMSED &cku� 20 2O 5 ' _ 11. vz t, cv-� �,u usr 25 2015. - _- Mt ��' ; Allan R. Hastings. _ - - Minnesota Registration No, 17009 935.Barnes Loki Drive, gOTii )10 T\ OPINn\ uRIO1's To Dir• Norwood Yoing America, R '. Minnesota 55397 Phone-942 445 4027 ' . As-Builts and Infrastructure Page 1 of 2 As-Builts and Infrastructure Map to identify and link to as-built drawings + } `8 $ t .,,. �� �.` T 4 ,-..a j yam '♦ `„ ' i pa, "�e ,� �., �-` '� � fit s : � mss' ` r 44' ,� - 1r ' �� "x- `'�' , Sri' x Y I +5^- V � r 4 It fa" ' # ars *"s Yv -x" 3 Scott County GIS http://priorlake.maps.arcgis.com/home/webmap/print.html 9/23/2015 9/11/2015 To: City of Prior Lake From: Randy, Robby&Chelsea Ries Subject: Driveway easement Commissioners, We live at 3995 Pershing Street SW in Prior Lake. Chelsea is our 26 year old daughter with special needs.She needs assistance with most everything including ambulating. 5 years ago I lost my business due to the recession. Over the past 4 years our household income was less than$40,000.All of this contributes to the stress we are feeling regarding the dispute about our existing driveway. The driveway in question was put in over 60 years ago by the property owners, Bill &Ed Simpkins and the resident at that time, Dave Borgerding.The driveway is the approach to a double garage and the back side of the house which is our main access to our home.As I understand it,the said driveway was maintained for 38 years prior to the city taking ownership as a result of probate and tax forfeiture. Even with that,there was no motion regarding said driveway for more than 20 years. It was not until 2013 that it was brought to our attention that we are required to pay$5.00 per square foot for the easement,while buildable property in Prior Lake is going for$1.75 per square foot. I am prepared to tar the driveway which is a cost of$10,000. In preparation I have already moved the sewer line at a cost of$3,200.00.These together cause hardship as we have to use our retirement saving to complete the job.We are asking that you consider"grandfathering" it to us as this narrow parcel is not buildable and really adds little or no value to the city. Respectfully, Randy& Robby Ries t 1 } . . . ,. .... _ . . . De. ii :::-,:,> .. . .. -- b. . . �� 7- ..--• tvE•S . - • -. - . • That part of Government Lot 1, Section 3, Township 114, Range 22 described as follows; • Commencing at the Northeast Corner of Lot 5, •Spring Brook Park 2nd Addition, .•Scott 'County, Ninnesota:, • • thence on a bearing of N 77032' E along the north line of Outlot A a distance of 15.00. feet to the point of beginning for a 10.00 wide driveway easement; thence.South a distance. of 46.17 feet, , • thence S 144'22' 38" W a distance of 6o feet more or less to the East line of Lat. 5 and its side : lines of easement extension or shorten on .said East line: of Lot 5.. •• I hereby certify ' that this is a true and correct representation of aDreW6 .0kf EAGENWAT 1' . I {t 4DU� SCcLMB r-KuPE2T-{ 114 Sc.,p}t- • County, Minnesota as on file and of record . in the Office of the County Recorder in and for said County. • • • That .I am a duly Registered Land Surveyor under the Laws of the. State of Minnesota. . Dated: BEPTEa�R �8, 2065 • • Allan R. Hastings :• . . .,.. • • Minnesota Registration No. 17009 . . . '. 835 Barnes 'Ake-Drive... . .„..!...„,'.: ° : • • • Norwood Young ,America, Mn.. 155397, • • . 4p`�i Q?►ourg •�tavi To DATE„ Phone '952‘.445-4027 '