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HomeMy WebLinkAboutRes. 05-18PC Prior Lake- Spring Lake Watershed Grading & Excavation CUP 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 , '1~ \\ . ~\) ~ CONDITIONAL USE PERMIT RESOLUTION 05.18PC A CONDITIONAL USE PERMIT TO AllOW GRADING AND EXCAVATION OF MORE THAN 400 CUBIC Y ARCS WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, The Prior Lake Planning Commission conducted a public hearing on October 10, 2005, to consider an application from The Prior Lake-Spring Lake Watershed District to allow grading and excavation of more than 400 cubic yards; and Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and The Planning Commission proceeded to hear all persons interested in this CUP and persons interested were afforded the opportunity to present their views and objections related to the CUP; and The Planning Commission finds the CUP to allow the grading and fill of more than 400 cubic yards in harmony with both existing and proposed development in the area surrounding the project; and The Planning Commission finds the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 1108.202 of the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings: a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Objective 5, under the goal of Security, is to provide for conservation and protection of the natural environment. The policies include providing adequate regulation to prevent the development of endeavors which will create a hazard to the environment and to require developers to retain the natural environment as much as possible. The project is anticipated to stabilize channel banks, improve efficiency, plan for future conditions and improve the aesthetics and wildlife habitat of the channel. The conditions set forth in this CUP address environmental hazards and limit impacts to the existing wetlands. L:I05 FILESI05 CUPIWatershed dist channel projectlcup resolution. DOC www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 b. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. Based on staff review, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The conditions of the approving resolution are intended to ensure ongoing protection of the community. c. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. Section 1101.509 of the Zoning Ordinance allows, grading and filling as a Conditional Use within any zoning district. The conditions set forth in the Zoning Ordinance will be met with the issuance of the Conditional Use Permit. d. The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The use will not have adverse impacts on governmental facilities. During the grading and fill work, the applicant will be responsible for maintaining the condition of the adjacent roads. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity. f. The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. The use will adhere to the design requirements of the City. g. The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. The plans have been prepared by a civil engineer. Prior to the issuance of a grading permit, the applicant will be required to submit revised plans that meet the conditions outlined in this staff report. h. The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are L:I05 FILES\05 CUPIWatershed dist channel projectlcup resolution DOC Page 2 consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. Additional conditions to ensure the protection of the general health, safety, and welfare of the public are included as part of the CUP. These conditions include a Storm Water Pollution Prevention Plan, limiting hours of site work, the establishment of emergency overflow routes for stormwater, and permits from other governmental agencies. 3. The CUP is hereby approved, subject to the following conditions: a) The excavation must be done according to the approved plans. b) The clean up of fill material as a result of spills or general transportation of fill on any public road shall be the responsibility of the applicant. c) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after approval. d) The applicant must provide a Storm Water Pollution Prevention Plan. e) The applicant must provide a signed complete final set of plans and details for the project. f) Prior to any grading on the site, the applicant must obtain a temporary access permit from Scott County and a NPDES permit. g) Prior to any grading on the site, the applicant must meet all requirements as set forth by the City Engineering Department. h) Watering for dust control shall be done on an as needed basis or within 24 hours written notice from the City. Such notice shall be transmitted by facsimile to the applicant. Dust control includes the entire project area and is not limited to roadways. Water for dust control shall be provided from an off-site source. i) The CUP is valid for one year, but is revocable at any time for noncompliance with any condition contained herein. At the expiration of its one (1) year term, the property owner may make application to the City to renew the CUP. The initial approval of this CUP does not create any right, in law or equity, to the renewal thereof. CONCLUSION Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit to allow grading and excavation of more than 400 cubic yards. The contents of Planning Case File #EP 05-197 is hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 10th day of October, 200 L:I05 FILESI05 CUPIWatershed dist channel project\cup resolution DOC lx6~U hv: (!,h "r f1'O-- L"kc . 5~ i ~2-.1 00 Lt<.]rC Cr{(( Ave. , ) I ~ p1l0 55312_ '(lor /-.tJ.-1L~J ,j 1 I I' II' Page 3 ft W ~I tT~ : SJ.YIC- ~6. f(. Sro- LEGAL DESCRIPTION OF DRAlNAGE AREA , That part of the Northeast Quarter and the Southeast Quarter of Section 27, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southeast Comer of said Section 27; thence on an assumed bearing of North 89 degrees 49 minutes 12 seconds West, along the south line of said Southeast Quarter, a distance of75.41 feet, to the point of beginning of the land to be described; thence North 11 degrees 09 minutes 08 seconds West, a distance of 142.85 feet; thence North 30 degrees 34 minutes 08 seconds West, a distance of 139.15 feet; thence North 25 degrees 44 minutes 02 seconds East, a distance of20.64 feet; thence North 1 degree 44 minutes 45 seconds West, a distance of 100.15 feet; thence North 15 degrees 17 minutes 16 seconds West, a distance of 63.14 feet; thence North 26 degrees 07 minutes 22 seconds West, a distance of 154.16 feet; thence North 2 degrees 37 minutes 28 seconds West, a distance of 104.05 feet; thence North 35 degrees 10 minutes 13 seconds East, a distance of 109.05 feet; thence North 2 degrees 31 minutes 30 seconds East, a distance of 96.42 feet; thence North 2 degrees 10 minutes 54 seconds West, a distance of 94:54 feet; thence North 22 degrees 14 minutes 41 seconds West, a distance of 89.83 feet; thence North 56 degrees 08 minutes 40 seconds West, a distance of 87.09 feet; thence South 78 degrees 52 minutes 46 seconds West, a distance of75.05 feet; thence North 35 degrees 29 minutes 21 seconds West, a distance of 116.34 feet; thence North 65 degrees 08 minutes 59 seconds West, a distance of214.15 feet; thence North 58 degrees 08 minutes 50 seconds West, a distance of68.04 feet; thence North 64 degrees 17 minutes 10 seconds West, a distance of21.80 feet; thence North. 81 degrees 51 minutes 13 seconds West, a distance of53.02 feet; thence North 28 degrees 01 minutes 24 seconds West, a distance of 196.57 feet; thence North 01 degrees 43 minutes 13 seconds East, a distance of33.34 feet; thence North 16 degrees 54 minutes 26 seconds West, a distance of85.27 feet; thence North 28 degrees 19 minutes 32 seconds West, a distance of 109.58 feet; thence North 17 degrees 22 minutes 45 seconds West, a distance 58.72 feet; thence North 72 degrees 37 minutes 15 seconds East, a distance of20.00 feet; thence North 17 degrees 22 minutes 45 seconds West, a distance of 84.91 feet; thence North 74 degrees 48 minutes 41 seconds West, a distance of50.41 feet; thence South 88 degrees 54 minutes 35 seconds West, a distance of 178.18 feet; thence South 55 degrees 57 minutes 09 seconds West, a distance of 84.62 feet; thence North 74 degrees 21 minutes 44 seconds West, a distance of 109.95 feet; thence North 52 degrees 02 minutes 32 seconds West, a distance of 147.53 feet; thence North 29 degrees 58 minutes 41 seconds West, a distance of96.14 feet; thence North 18 degrees 35 minutes 22 seconds West, a distance of 113.49 feet; thence North 3 degrees 36 minutes 13 seconds West, a distance of93.16 feet; thence North 3 degrees 23 minutes 24 seconds West, a distance of 172.74 feet; thence North 0 degrees 00 minutes 00 seconds West, a distance or63.80 feet; thence North 89 degrees 00 minutes 25 seconds East, a distance of 155.76 feet; thence South 22 degrees 13 minutes 31 seconds East, a distance of 52.75 feet; thence South. 40 degrees 29 minutes 23 seconds East, a distance of 102.46 feet; thence South 20 degrees 44 minutes 24 seconds East, a distance of319.95 feet; thence South 70 degrees 01 minutes 35 seconds East, a distance of66.91 feet; thence South 40 degrees 26 minutes 26 seconds East, a distance of 73.72 feet; thence South 14 degrees 19 minutes 47 seconds East, a distance of 50.40 feet; thence North 85 degrees 40 minutes 12 seconds East, a distance of 206.41 feet; thence North 81 degrees 17 minutes 54 seconds East, a distance of 425.90 feet; thence North 89 degrees 02 minutes 36 seconds East, a distance of39.86 feet; thence North 4 degrees 09 minutes 41 seconds West, a distance of341.29 feet; thence North. 35 degrees 58 minutes 28 seconds East, a distance of 65.47 feet; thence North 78 degrees 17 minutes 27 seconds East, a distance of 117.23 feet; thence North 39 degrees 23 minutes 41 seconds East, a distance of 135.37 feet; thence North 8 degrees 32 minutes 06 seconds East, a distance of 105.06 feet; thence North. 2 degrees 29 minutes 27 seconds West, a distance of95.67 feet; thence North 51 degrees 31 minutes 15 seconds West, a distance of 58.92 feet; thence North. 77 degrees 22 minutes 55 seconds West, a distance of 79.50 feet; thence South 82 degrees 34 minutes 20 seconds West, a distance of72.33 feet; thence North 77 degrees 51 minutes 42 seconds West, a distance of 84.00 feet; thence North. 45 degrees 46 minutes 06 seconds West, a distance of 111.71 feet; thence North. 25 degrees 14 minutes 07 seconds West, a distance of 138.98 feet; thence North 1 degree 50 minutes 02 seconds East, a distance of 129.94 feet; thence North 11 degrees 49 minutes 38 seconds West, a distance of 136.93 feet; thence North 20 degrees 42 minutes 18 seconds West, a distance of 99.96 feet; thence North 57 degrees 58 minutes 34 seconds West, a distance of 81.70 feet; thence North 21 degrees 31 minutes 28 seconds West, a distance of76.81 feet; thence North 26 degrees 54 minutes 18 seconds East, a distance of81.23 feet; thence North 6 degrees 00 minutes 42 seconds West, a distance of 324.12 feet; thence North. 35 degrees 47 minutes 52 seconds West, a distance of53.23 feet; thence North 56 degrees 44 minutes 24 seconds West, a distance of 101.99 feet; thence North 26 degrees 05 minutes 08 seconds West, a distance of67.81 feet; thence North 53 degrees 51 minutes 28 seconds East, a distance of91.03 feet; thence North 22 degrees 57 minutes 43 seconds East, a distance of30.45 feet; thence North 19 degrees 22 minutes 04 seconds West, a distance of 42.78 feet; thence North 65 degrees 00 minutes 32 seconds East, a distance of 215.21 feet; thence North 84 degrees 20 minutes 57 seconds East, a distance of 145.92 feet; thence North 6 degrees 04 minutes 16 seconds East, a distance of 118.69 feet; thence North 52 degrees 57 minutes 45 seconds West, a distance oflOO.63 feet; thence North 62 degrees 31 minutes 03 seconds West, a distance of126.92 feet; thence North 38 degrees 16 minutes 02 seconds West, a distance of83.78 feet; thence North. 13 degrees 32 minutes 46 seconds West, a distance of 178.47 feet; thence North 13 degrees 38 minutes 26 seconds East, a distance of 59.87 feet; thence North 39 degrees 34 minutes 03 seconds East, a distance of 19.90 feet; thence North 57 degrees 28 minutes 00 seconds East, a distance of227.61 feet; thence North 38 degrees 53 minutes 42 seconds East, a distance of91.36 feet; thence North. 25 degrees 23 minutes 40 seconds East, a distance of 107.09 feet; thence North. 8 degrees 45 minutes 30 seconds East, a distance of24.00 feet; thence North 33 degrees 09 minutes 10 seconds East, a distance of 41.42 feet; thence North 48 degrees 35 minutes 02 seconds East, a distance of25.88 feet; thence North 43 degrees 23 minutes 55 seconds East, a distance of 119.37 feet; thence North 56 degrees 43 minutes 14 seconds East, a distance of 65.89 feet; thence North 30 degrees 55 minutes 45 seconds East, a distance of 111.69 feet; thence North 87 degrees 36 minutes 20 seconds West, a distance of386.03 feet; thence South 6 degrees 57 minutes 55 " seconds East, a distance of 68.60 feet; thence South 26 degrees 31 minutes 30 seconds East, a distance of69.56 feet; thence South 34 degrees 34 minutes 59 seconds East, a distance of66.78 feet; thence South 16 degrees 20 minutes 38 seconds East, a distance of 44.44 feet; thence South 8 degrees 45 minutes 30 seconds West, a distance of 55.29 feet; thence South 25 degrees 23 minutes 40 seconds West, a distance of 87.24 feet; thence South 38 degrees 53 minutes 42 seconds West, a distance of 70.22 feet; thence South 57 degrees 28 minutes 00 seconds West, a distance of274.50 feet; thence North 80 degrees 20 minutes 54 seconds West, a distance of6.19 feet; thence South 80 degrees 36 minutes 00 seconds West, a distance of 41.21 feet; thence South 62 degrees 43 minutes 14 seconds West, a distance of24.01 feet; thence South 36 degrees 50 minutes 48 seconds West, a distance of 44.75 feet; thence South 32 degrees 53 minutes 10 seconds East, a distance of64.52 feet; thence South 41 degrees 28 minutes 12 seconds East, a distance of 92.63 feet; thence South 14 degrees 42 minutes 15 seconds East, a distance of 99.13 feet; thence South 6 degrees 37 minutes 39 seconds West, a distance of 89.63 feet; thence South 1 degree 17 minutes 17 seconds West, a distance of22.38 feet; thence South 39 degrees 01 minutes 03 seconds East, a distance of75.38 feet; thence South 6 degrees 02 minutes 12 seconds East, a distance of 36.72 feet; thence South 42 degrees 53 minutes 28 seconds East, a distance of 59.34 feet; thence South 31 degrees 53 minutes 16 seconds East, a distance of27.97 feet; thence South 65 degrees 00 minutes 32 seconds West, a distance of73.88 feet; thence North. 39 degrees 59 minutes 26 seconds West, a distance of 19.26 feet; thence North 61 degrees 36 minutes 19 seconds West, a distance of 43.93 feet; thence South 68 degrees 30 minutes 16 seconds West, a distance of 40.61 feet; thence South 17 degrees 35 minutes 43 seconds West, a distance of 47.58 feet; thence North 89 degrees 01 minutes 42 seconds West, a distance of 61.21 feet; thence North 1 degree 23 minutes 12 seconds East, a distance of 128.87 feet; thence North 19 degrees 41 minutes 33 seconds Wes~ a distance of 135.73 feet; thence North 41 degrees 12 minutes 01 seconds West, a distance of 176.75 feet; thence North 64 degrees 30 minutes 35 seconds West, a distance of200.38 feet; thence North 54 degrees 06 minutes 15 seconds West, a distance of 74.42 feet; thence North 87 degrees 23 minutes 56 seconds West, a distance of22.89 feet; thence South 34 degrees 11 minutes 53 seconds West, a distance of283.89 feet; thence South 13 degrees 36 minutes 26 seconds West, a distance of 132.55 feet; thence South 7 degrees 19 minutes 22 seconds West, a distance of 114.18 feet; thence South 16 degrees 54 minutes 24 seconds East, a distance of85.79 feet; thence South 47 degrees 12 minutes 19 seconds East, a distance of32.89 feet; thence South 38 degrees 36 minutes 49 seconds East, a distance of99.72 feet; thence South 54 degrees 37 minutes 30 seconds East, a distance of230.79 feet; thence South 24 degrees 10 minutes 04 seconds West, a distance of 54.45 feet; thence South 49 degrees 19 minutes 22 seconds West, a distance of 115.70 feet; thence South 13 degrees 27 minutes 47 seconds East, a distance of 69.77 feet; thence South 37 degrees 29 minutes 52 seconds East, a distance of 127.78 feet; thence South 4 degrees 31 minutes 26 seconds West, a distance of 77.03 feet; thence South 15 degrees 23 minutes 48 seconds West, a distance of 118.97 feet; thence South 65 degrees 43 minutes 04 seconds West, a distance of 112.49 feet; thence South 80 degrees 25 minutes 22 seconds West, a distance of258.74 feet; thence South 42 degrees 55 minutes 03 seconds West, a distance of 124.36 feet; thence South 88 degrees 48 minutes 59 seconds West, a distance of 157.35 feet; thence South 76 degrees 01 minutes 33 seconds East, a distance of 180.53 feet; thence South 53 degrees 00 minutes 22 seconds East, a distance of94.39 feet; thence South 29 degrees 46 minutes 54 seconds East, a distance of 166.65 feet; thence South 15 degrees 31 minutes 08 seconds East, a distance of352.14 feet; thence South 22 degrees 13 minutes 31 seconds East, a distance of 160.84 feet; thence South 89 degrees 00 minutes 25 seconds West, a distance of 131.05 feet; thence North 9 degrees 00 minutes 38 seconds West, a distance of74.01 feet; thence North 29 degrees 07 minutes 47 seconds West, a distance of 74.46 feet; thence North 51 degrees 21 minutes 33 seconds West, a distance of 86.39 feet; thence North 62 degrees 46 minutes 52 seconds West, a distance of76.38 feet; thence North 37 degrees 55 minutes 03 seconds West, a distance of73.87 feet; thence South 90 degree 00 minutes 00 seconds West, a distance of39.15 feet; thence South 29 degrees 18 minutes 53 seconds West, a distance of93.57 feet; thence South 53 degrees 05 minutes 56 seconds West, a distance of 211.44 feet; thence South 75 degrees 48 minutes 10 seconds West, a distance of59.15 feet; thence North 61 degrees 09 minutes 12 seconds West, a distance of 127.23 feet; thence South 55 degrees 08 minutes 18 seconds West, a distance of 65.43 feet; thence South 14 degrees 22 minutes 18 seconds East, a distance of 68.83 feet; thence South 11 degrees 41 minutes 43 seconds West, a distance of96.32 feet; thence South 24 degrees 02 minutes 18 seconds East, a distance of79.39 feet; thence South 49 degrees 26 minutes 54 seconds East, a distance of 122.99 feet; thence South 3 degrees 47 minutes 21 seconds East, a distance of 140.69 feet; thence South 32 degrees 41 minutes 16 seconds East, a distance of 173.74 feet; thence South 43 degrees 19 minutes 28 seconds East, a distance of 114.10 feet; thence South 49 degrees 26 minutes 47 seconds East, a distance of168.67 feet; thence South 61 degrees 26 minutes 51 seconds East, a distance of 384.40 feet; thence North 82 degrees 02 minutes 14 seconds East; a distance of99.96 feet; thence South 57 degrees 51 minutes 14 seconds East, a distance of 104.33 feet; thence South 71 degrees 58 minutes 28 seconds East, a distance of 47.84 feet; thence North 79 degrees 57 minutes 35 seconds East, a distance of94.01 feet; thence North 26 degrees 36 minutes 11 seconds East, a distance of 121.19 feet; thence North 52 degrees 01 minutes 25 seconds East, a distance of91.93 feet; thence North 80 degrees 01 minutes 59 seconds East, a distance of 48.87 feet; thence Sou1418 degrees 28 minutes 39 seconds East, a distance of27.17 feet; thence North 72 degrees 37 minutes 15 seconds East, a distance of24.83 feet; thence South 17 degrees22 minutes 45 seconds East, a distance 62.07 feet; thence South 28 degrees 19 minutes 32 seconds East, a distance of 109.44 feet; thence South 16 degrees 54 minutes 26 seconds East, a distance of76.03 feet; thence South 01 degrees 43 minutes 13 seconds West, a distance of36.89 feet; thence South 28 degrees 01 minute 24 seconds East, a distance of223.63 feet; thence South 81 degrees 51 minutes 13 seconds East, a distance of 65.38 feet; thence South 64 degrees 17 minutes 10 seconds East, a distance of 14.52; thence South 58 degrees 08 minutes 50 seconds East, a distance of 68.30 feet; thence South 65 degrees 08 minutes 59 seconds East, a distance of 207.03 feet; thence South 35 degrees 29 minutes 21 seconds East, a distance of 107.11 feet; thence South 22 degrees 38 minutes 56 seconds West, a distance of 68.06 feet; thence South 25 degrees 13 minutes 18 seconds East, a distance of 34.49 feet; thence South 16 degrees 00 minutes 14 seconds West, a distance of 121.59 feet; thence South 66 degrees 05 minutes 47 seconds West, a distance of54.77 feet; thence North 86 degrees 43 minutes 14 seconds West, a distance of 58.06 feet; thence South 40 degrees 33 minutes 04 seconds West, a distance of 32.09 feet; thence South 9 degrees 44 minutes 46 seconds West, a distance of 56.99 feet; thence South 32 degrees 06 minutes 56 seconds East, a distance of 49.08 feet; thence South 56 degrees 27 minutes 09 seconds East, a distance of 51.82 feet; thence South 76 degrees 04 minutes 18 seconds East, a distance of91.45 feet; thence South 88 degrees 53 minutes 53 seconds East, a distance of 88.86 feet; thence South 28 degrees 33 minutes 20 seconds East, a distance of 87.29 feet; thence South 3 degrees 22 minutes 03 seconds East, a distance of97.83 feet; thence South 15 degrees 43 minutes 09 seconds West, a distance of 145.47 feet; thence South 36 degrees 32 minutes 17 seconds West, a distance of 45.17 feet; thence South 58 degrees 50 minutes 00 seconds West, a distance of97.74 feet; thence South 76 degrees 05 minutes 25 seconds West, a distance of 127.14 feet; thence North 72 degrees 11 minutes 26 seconds West, a distance of 64.21 feet; thence North 82 degrees 49 minutes 52 seconds West, a distance of 42.13 feet; thence North 48 degrees 54 minutes 45 seconds West, a distance of37.60 feet; thence South. 28 degrees 53 minutes 59 seconds West, a distance of 68.23 feet; thence South 3 degrees 21 minutes 51 seconds West, a distance of 21 0.81 feet, to the south line of said Southeast Quarter; thence South 89 degrees 49 minutes 12 seconds East, along said south line, a distance of 106.81 feet; thence North 19 degrees 35 minutes 47 seconds East, a distance of 81.57 feet; thence North 85 degrees 32 minutes 12 seconds East, a distance of256.59 feet; thence North 78 degrees 21 minutes 02 seconds East, a distance of 169.08 feet; thence South 30 degrees 34 minutes 08 seconds East, a distance of22.84 feet; thence South 11 degrees 09 minutes 08 seconds East, a distance of 114.99 feet to the south line of said Southeast Quarter; thence South 89 degrees 49 minutes 12 seconds East, along said south line, a distance of76.49 feet to the point of beginning. EXHIBIT C [to Agreement to Amend and Restate Drainage and Flowage Easement, dated May 24,2005, between the Robert W. Jeffers Estate and the Prior Lake-Spring Lake Watershed District] . LEGAL DESCRIPTION OF MAINTENANCE AREA A strip ofland, 75.00 feet in width, within the Southeast Quarter of Section 27, Township 115, Range 22, Scott County, Minnesota, the centerline of said strip of land being described as follows: Commencing at the Southeast Corner of said Section 27; thence on an assumed bearing of North 89 degrees 49 minutes 12 seconds West, along the south line of said Southeast Quarter, a distance of 75.41 feet; thence North 11 degrees 09 minutes 08 seconds West, a distance of 142.85 feet; thence North 30 degrees 34 minutes 08 seconds West, a distance of 139.15 feet; thence North 25 degrees 44 minutes 02 seconds East, a distance of 20.64 feet; thence North 1 degree 44 minutes 45 seconds West, a distance of 100.15 feet; thence North 15 degrees 17 minutes 16 seconds West, a distance of 63.14 feet; thence North 26 degrees 07 minutes 22 seconds West, a distance of 154.16 feet; thence North 2 degrees 37 minutes 28 seconds West, a distance of 104.05 feet; thence North 35 degrees 10 minutes 13 seconds East, a distance of 109.05 feet; thence North 2 degrees 31 minutes 30 seconds East, a distance of 96.42 feet; thence North 2 degrees 10 minutes 54 seconds West, a distance of 94.54 feet; thence North 22 degrees 14 minutes 41 seconds West, a distance of 89.83 feet; thence North 56 degrees 08 minutes 40 seconds West, a distance of 87.09 feet; thence South 66 degrees 40 minutes 18 seconds West, a distance of 87.84 feet, to the point ofbegiIming of the centerline to be described; thence North 35 degrees 29 minutes 21 seconds West, a distance of 124.17 feet; thence North 65 degrees 08 minutes 59 seconds West, a distance of210.59 feet; thence North 58 degrees 08 minutes 50 seconds West, a distance of 68.17 feet; thence North 64 degrees 17 minutes 10 seconds West, a distance of 18.16 feet; thence North 81 degrees 51 minutes 13 seconds West, a distance of 59.20 feet; thence North 28 degrees 01 minutes 24 seconds West, a distance of 21 0.10 feet; thence North 1 degree 43 minutes 13 seconds East, a distance of35.11 feet; thence North 16 degrees 54 minutes 26 seconds West, a distance 80.65 feet; thence North 28 degrees 19 minutes 32 seconds West, a distance 109.51 feet; thence North 17 degrees 22 minutes 45 seconds West, a distance of 60.39 feet and said centerline there terminating.