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Res 2020- 81 Approve Lot Split and CAP 1680 Lexington Avenue SouthCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-81 RESOLUTION APPROVING A LOT SPLIT AND CRITICAL AREA PERMIT FOR 1680 LEXINGTON AVENUE SOUTH [PLANNING CASE NO. 2020-241 WHEREAS, Paul Steve Norton (the "Applicant') acting on behalf of Keith Ostrosky (the "Owner") requests approval of a Lot Split and Critical Area Permit as proposed under Planning Case No. 2020-24, and for the property located at 1680 Lexington Avenue South, legally described in attached Exhibit A; and WHEREAS, the Subject Property is guided LR -Low Density Residential in the 2030 Comprehensive Plan and located in the R-1 One Family Residential District; and WHEREAS, Title 11-3-2 of the City Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district, and the Applicant seeks to subdivide the Subject Property into two parcels, as legally described and illustrated on attached Exhibit B; and WHEREAS, pursuant to Title 12-3-1 of the City Code (Critical Area Overlay District), a critical area permit is required for all development activities necessitating a building permit or any new subdivision approval; and WHEREAS, on November 24, 2020, the Mendota Heights Planning Commission conducted a public hearing on the proposed Lot Split and Critical Area Permit applications, and whereupon closing the hearing, recommended unanimously (6-0 vote) to approve both land use applications, which would allow the allow the Applicant to split the parcel into two new legal, buildable parcels for two (2) new single-family dwellings, with certain conditions and findings of fact to support said approval. WHEREAS, on December 1, 2020, the Mendota Heights City Council conducted a separate public hearing on this matter, and whereupon closing that hearing, declared that the Lot Split and Critical Area Permit proposed under Planning Case No. 2020-24 be approved, based on the following findings of fact: A. The proposed lot split request meet the overall spirit, purpose and intent of the City Code and is consistent with the goals and objectives of the Comprehensive Plan. B. The proposed subdivision and any new (future) residential dwelling should not create any negative impacts to the surrounding uses or neighborhood. C. The newly -created parcels meet the R-1 One Family Residential Zoning District standards for lot area and width. D. The proposed single-family dwellings proposed for each new lot meets the general purpose and intent of the Critical Area Overlay District. E. The newly -created parcel will have adequate building area for a conforming single- family dwelling within the Critical Area Overlay Zoning District and without the need for setback variances. F. The proposed lot split will remove an existing nonconforming structure that exists on this site and will be replaced with two conforming developments and parcels. G. The proposed shared driveway is necessary to allow access to the two parcels without creating an additional access onto the county roadway system (Dak. Co. Road #43) and State Highway 13/Sibley Memorial Hwy. H. The proposed single-family dwellings will be an appropriate addition to the neighborhood, and keeps the established and overall residential character of the neighborhood intact. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the Lot Split and Critical Area Permit as proposed under Planning Case No. 2020-24, for the property located at 1680 Lexington Avenue, is hereby approved with the following conditions: 1) The Owner/Developer shall dedicate new drainage and utility easements along the perimeter of each new lot per the approval of the Public Works Director. 2) Park dedication fee of $4,000 (in lieu of land -per current City policy) will be paid by the Owner or Developer before the subdivision is recorded with Dakota County. 3) Connection charges for sanitary sewer and water main shall be paid prior to issuance of a building permit. 4) An individual (or joint) critical area permit application must be submitted for any future single-family development on Parcel A/Pad 1 and Parcel B/Pad 2. Res. 2020-81 Page 2 of 7 5) The Applicant must prepare a shared driveway access easement agreement in a form approved by the City Attorney, which must be agreed to by both property owners of each new lot, signed, notarized, and recorded against both properties prior to the issuance of a building permit. 6) Any new grading and construction activity pertaining to each lot will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. 7) Any and all construction work on site is limited to the hours between 7:00 AM and 8:00 PM Monday through Friday and 9:00 AM to 5:00 PM weekends. 8) Pursuant to City Code Sect. 12-3-14:E., the Applicant and/or Owner [as "Subdivider"] shall be required to demonstrate that any newly created parcel will be able to support a buildable area consistent with the underlying zoning regulations, on grades less than eighteen percent (18%). 9) If requested by the City of Mendota Heights and/or Dakota County, the Owner agrees to dedicate a Trail Easement for future trail purposes along Lexington Avenue (Dakota County Road #43). Adopted by the City Council of the City of Mendota Heights this 1 st day of December, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS 1w Neil Garlock, Mayor ATTEST: Lorri Smith, City Clerk Res. 2020-81 Page 3 of 7 EXHIBIT -A Legal Description PID# 27-02300-50-010 EXISTING LEGAL DESCRIPTION That part of Government Lot 5, Section 23, Township 28, Range 23 West described as follows: Commencing at the Southwest comer of said Section 23, thence North 0 degrees, 22 minutes West along the West line of said Section 23 a distance of 1470.40 feet to the point of beginning of the land to be described; thence North 83 degrees 45 minutes East a distance of 70.12 feet to a Judicial Land Mark in place; thence continue North 83 degrees 45 minutes East a distance of 70.00 feet to a Judicial Land Mark in place; thence North 29 degrees 13 mmutes East a distance of 89.07 feet to a Judicial Land Mark in place; thence North 37 degrees 16 minutes East a distance of 120.70 feet to a Judicial Land Mark in place; thence North 42 degrees 12 minutes 30 seconds East a distance of 136.12 feet to a Judicial Land Mark in place; thence North 56 degrees 30 minutes East a distance of 36.01 feet, thence North 21 degrees 46 minutes 05 seconds West a distance of 232.52 feet to the centerline of State Trunk Highway No. 13, thence Southwesterly along said centerline a distance of 322.84 feet more or less to the West line of said Section 23, thence South 0 degrees 22 minutes East along said West line a distance of 384.78 feet to the point of beginning. Abstract Property Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res. 2020-81 Page 4 of 7 PROPOSED LOT SPLIT FOR: KEITH OSTROSKY I It IIII So It. III I"IlIt 5 x ..I —d rvo ra,,.,H o, 11, 1-1, IS U III If StISI, 1, ➢ t. ISSSI 1, IV 11 1 I�isI1.13y01.1 PRELIMINARY i 0 so I it SCALE IN FEE! x�e xa ...I ......me..... r[yme.n. pon +vs pepo e9 vy W BROWN LANG SURVEYING, IN C 422 20 '��� ,.,e yr v,.eer my eren v,., v evy nv..e eoo,vrvasE EAOOflC55 InnE Survepr antler to m uinnesvty. W mmcre�x w�ervu e CME w„e waxowx Euvo sua amxrwsery 170/40 xcE mmw x' n nw SSIIe B e.,=msv sxEET ..,, eev 1-3AE0E0 p.,. B9N ' ^F' cmn E. NEoeweaowX 1Ns.com EXHIBIT -B PROPOSED LEGAL DESCRIPTIONS PARCEL 1: That part of Government Lot 5, Section 23, Township 28, Range 23 West described as follows: Commencing at the Southwest corner of said Section 23, thence North 0 degrees, 22 minutes West along the West line of said Section 23 a distance of 1470.40 feet to the point of beginning of the land to be described; thence North 83 degrees 45 minutes East a distance of 70.12 feet to a Judicial Land Mark in place; thence continue North 83 degrees 45 minutes East a distance of 70.00 feet to a Judicial Land Mark in place; thence North 29 degrees 13 minutes East a distance of 89.07 feet to a Judicial Land Mark in place; thence North 37 degrees 16 minutes East a distance of 120.70 feet to a Judicial Land Mark in place; thence North 42 degrees 12 minutes 30 seconds East a distance of 136.12 feet to a Judicial Land Mark in place; thence North 56 degrees 30 minutes East a distance of 36.01 feet, thence North 21 degrees 46 minutes 05 seconds West a distance of 232.52 feet to the centerline of State Trunk Highway No. 13, thence Southwesterly along said centerline a distance of 322.84 feet more or less to the West line of said Section 23, thence South 0 degrees 22 minutes East along said West line a distance of 384.78 feet to the point of beginning. EXCEPT that part lying South and Southwesterly of the following described line: Commencing at the Southwest corner of said Section 23, thence North 0 degrees, 22 minutes West along the West line of said Section 23 a distance of 1470.40 feet to the point of beginning; thence North 83 degrees 45 minutes East a distance of 70.12 feet to a Judicial Land Mark in place; thence continue North 83 degrees 45 minutes East a distance of 70.00 feet to a Judicial Land Mark in place; thence North 29 degrees 13 minutes East a distance of 89.07 feet to a Judicial Land Mark in place; thence North 37 degrees 16 minutes East a distance of 69.35 feet; thence North 52 degrees 46 minutes 03 seconds West a distance of 93.96 feet; thence North 0 degrees 03 minutes 00 seconds West a distance of 80.96 feet; thence South 89 degrees 57 minutes 00 seconds West a distance of 150.00 feet, more or less, to the West line of said Section 23; thence South 0 degrees 22 minutes East along said West line of Section 23 a distance of 283.65 feet to the point of beginning. Res. 2020-81 Page 6 of 7 EXHIBIT -B PARCEL 2: That part of Government Lot 5, Section 23, Township 28, Range 23 West described as follows: Commencing at the Southwest corner of said Section 23, thence North 0 degrees, 22 minutes West along the West line of said Section 23 a distance of 1470.40 feet to the point of beginning of the land to be described; thence North 83 degrees 45 minutes East a distance of 70.12 feet to a Judicial Land Mark in place; thence continue North 83 degrees 45 minutes East a distance of 70.00 feet to a Judicial Land Mark in place; thence North 29 degrees 13 minutes East a distance of 89.07 feet to a Judicial Land Mark in place; thence North 37 degrees 16 minutes East a distance of 120.70 feet to a Judicial Land Mark in place; thence North 42 degrees 12 minutes 30 seconds East a distance of 136.12 feet to a Judicial Land Mark in place; thence North 56 degrees 30 minutes East a distance of 36.01 feet, thence North 21 degrees 46 minutes 05 seconds West a distance of 232.52 feet to the centerline of State Trunk Highway No. 13, thence Southwesterly along said centerline a distance of 322.84 feet more or less to the West line of said Section 23, thence South 0 degrees 22 minutes East along said West line a distance of 384.78 feet to the point of beginning. EXCEPT that part lying North and Northeasterly of the following described line: Commencing at the Southwest corner of said Section 23, thence North 0 degrees, 22 minutes West along the West line of said Section 23 a distance of 1470.40 feet to the point of beginning; thence North 83 degrees 45 minutes East a distance of 70.12 feet to a Judicial Land Mark in place; thence continue North 83 degrees 45 minutes East a distance of 70.00 feet to a Judicial Land Mark in place; thence North 29 degrees 13 minutes East a distance of 89.07 feet to a Judicial Land Mark in place; thence North 37 degrees 16 minutes East a distance of 69.35 feet; thence North 52 degrees 46 minutes 03 seconds West a distance of 93.96 feet; thence North 0 degrees 03 minutes 00 seconds West a distance of 80.96 feet; thence South 89 degrees 57 minutes 00 seconds West a distance of 150.00 feet, more or less, to the West line of said Section 23; thence South 0 degrees 22 minutes East along said West line of Section 23 a distance of 283.65 feet to the point of beginning. Res. 2020-81 Page 7 of 7 3438781 Receipt:# 741508 RES $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 IIIIIIIIIIIIIIIIIIIIIII Recorded on: 2/12/2021 8:15 AM By: AS, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-81 RESOLUTION APPROVING A LOT SPLIT AND CRITICAL AREA PERMIT FOR 1680 LEXINGTON AVENUE SOUTH [PLANNING CASE NO.2020-241 WHEREAS, Paul Steve Norton (the "Applicant") acting on behalf of Keith Ostrosky (the "Owner") requests approval of a Lot Split and Critical Area Permit as proposed under Planning Case No. 2020-24, and for the property located at 1680 Lexington Avenue South, legally described in attached Exhibit A; and WHEREAS, the Subject Property is guided LR-Law Density Residential in the 2030 Comprehensive Plan and located in the R-1 One Family Residential District; and WHEREAS, Title 11-3-2 of the City Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district, and the Applicant seeks to subdivide the Subject Property into two parcels, as legally described and illustrated on attached Exhibit B; and WHEREAS, pursuant to Title 12-3-1 of the City Code (Critical Area Overlay District), a critical area permit is required for all development activities necessitating a building permit or any new subdivision approval; and WHEREAS, on November 24, 2020, the Mendota Heights Planning Commission conducted a public hearing on the proposed Lot Split and Critical Area Permit applications, and whereupon closing the hearing, recommended unanimously (6-0 vote) to approve both land use applications, which would allow the allow the Applicant to split the parcel into two new legal, buildable parcels for two (2) new single-family dwellings, with certain conditions and findings of fact to support said approval. WHEREAS, on December 1, 2020, the Mendota Heights City Council conducted a separate public hearing on this matter, and whereupon closing that hearing, declared that the Lot Split and Critical Area Permit proposed under Planning Case No. 2020-24 be approved, based on the following findings of fact: A. The proposed lot split request meet the overall spirit, purpose and intent of the City Code and is consistent with the goals and objectives of the Comprehensive Plan. B. The proposed subdivision and any new (future) residential dwelling should not create any negative impacts to the surrounding uses or neighborhood. C. The newly -created parcels meet the R-1 One family Residential Zoning District standards for lot area and width. D. The proposed single-family dwellings proposed for each new lot meets the general purpose and intent of the Critical Area Overlay District. E. The newly -created parcel will have adequate building area for a conforming single- family dwelling within the Critical Area Overlay Zoning District and without the need for setback variances. F. The proposed lot split will remove an existing nonconforming structure that exists on this site and will be replaced with two conforming developments and parcels. G. The proposed shared driveway is necessary to allow access to the two parcels without creating an additional access onto the county roadway system (Dak. Co. Road 443) and State Highway 13/Sibley Memorial Hwy. H. The proposed single-family dwellings will be an appropriate addition to the neighborhood, and keeps the established and overall residential character of the neighborhood intact. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the Lot Split and Critical Area Permit as proposed under Planning Case No. 2020-24, for the property located at 1680 Lexington Avenue, is hereby approved with the following conditions: 1) The Owner/Developer shall dedicate new drainage and utility casements along the perimeter of each new lot per the approval of the Public Works Director. 2) Park dedication fee of $4,000 (in lieu of land -per current City policy) will be paid by the Owner or Developer before the subdivision is recorded with Dakota County. 3) Connection charges for sanitary sewer and water main shall be paid prior to issuance of a building permit. 4) An individual (or joint) critical area permit application must be submitted for any future single-family development on Parcel A/Pad 1 and Parcel B/Pad 2. Res. 2020-81 Page 2 of 5) The Applicant must prepare a shared driveway access casement agreement in a form approved by the City Attorney, which must be agreed to by both property owners of each new lot, signed, notarized, and recorded against both properties prior to the issuance of a building permit. b) Any new grading and construction activity pertaining to each lot will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. pull erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. 7) Any and all construction work on site is limited to the hours between 7:00 AM and 8:00 PM Monday through Friday and 9:00 AM to 5:00 PM weekends. 8) Pursuant to City Code Sect. 12-3-14:E., the Applicant and/or Owner [as "Subdivider 'l shall be required to demonstrate that any newly created parcel will be able to support a buildable area consistent with the underlying zoning regulations, on grades less than eighteen percent (18%). 9) if requested by the City of Mendota Heights and/or Dakota County, the Owner agrees to dedicate a Trail Easement for future trail purposes along Lexington Avenue (Dakota County Road 443). Adopted by the City Council of the City of Mendota Heights this I st day of December, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS nto- 21 6 Z (2 -- Neil Garlock, Mayor ATTEST: A h Lorri Smith, City Clerk Res. 2020-81 Page 3 of 7 EXHIBIT -A Legal Description PID# 27-02300-50-010 EXISTING LEGAL DESCRIPTION That part of Government Lot 5, Section 23, Township 28, Range 23 West described as follows: Commencing at the Southwest comer of said Section 23, thence North 0 degrees, 22 minutes West along the West line of said Section 23 a distance of 1470.40 feet to the point of beginning of the land to be described; thence North 83 degrees 45 minutes East a distance of 70.12 feet to a Judicial Land Mark in place; thence continue North 83 degrees 45 minutes East a distance of 70.00 feet to a Judicial Land Mark in place; thence North 29 degrees 13 mmutes East a distance of 89.07 feet to a Judicial Land Mark in place; thence North 37 degrees 16 minutes East a distance of 120.70 feet to a Judicial Land Mark in place; thence North 42 degrees 12 minutes 30 seconds East a distance of 136.12 feet to a Judicial Land Mark in place; thence North 56 degrees 30 minutes East a distance of 36.01 feet, thence North 21 degrees 46 minutes 05 seconds West a distance of 232.52 feet to the centerline of State Trunk Highway No. 13, thence Southwesterly along said centerline a distance of 322.84 feet more or less to the West line of said Section 23, thence South 0 degrees 22 minutes East along said West line a distance of 384.78 feet to the point of beginning. Abstract Property Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res. 2020-81 Page 4 of 7 EXHIBIT-B PROPOSED LOT SPLIT FOR: KEITH OSTROSKY Thal Port of c Lot 5. Section 23. Township 2e. Range 23 I4ee4 dose Ibed w [allows. EIm ing Il e tFe 5eathwe bl adi3 Section 23. eI NIth O6 degre . 22 sm1-t c W t okng m IF .,id 5eetib ee eIf 1470.4 ft Iv '. pninllnll beginning al the land tl be dexnbea; 11orth 63 degrees 45 minutes Eas[ d eislpnce vt ]0.t2 foot !a I Judifond lil idark In place: IFence co be No.lh R3 degrees 45 m s Eoek u of ]4.06 leer to v Jldie;at I,w:a Mork Inc plvcr: therms, Narth Zg a s 13 s[bnc mnutes East o If 89U] lest to I Jutlidol Lon- Mark Ipmc uaah 37 eega a 15 mnu4es E¢sl ¢ evt 20.]0 feet t¢ I Judicill Llnd Mork in Piece: th orth 42 degrees 12 m+ tends East a ttrn<a If ei36.12 feet !o v Judici Land IFI,k ;n pfvice; thence North 56 Aegre s 0 -.1- Ebal n d;stan of 36.01 feel, dimes N¢rlhe213tlegraasv46 i les P seconds k Hi a distance ¢t 2325Z feet to the centerline ¢i55tlic TrunkadiMt-r Il t3, thence 31atnwealery 1- so t'l 11' a distance ¢f 22d4 feet In r less to 01ecWcxl iltW , 23, thence 5<ulh Pl tlegrees 22 m s Et . II ng as1ld West line a dstnnc_ If 384.78 leek t¢ the Paint of heginning. that port of- Rang¢ 23 Wc,sl tle.cdhea lZ8, oS,Si¢ Commencing et ;ne sovihwest earner of sa;tl Section 23. e Narth 0 degrees. 22 n;W ng Ike Wesl line ,i 5eM Secabn ]] b d;siancel1' nf 14]6e10 felt !I Ihe pltnl of beginning f the fond tI be dwrribea; 70.12 tNbtt31 03 ❑-grew 45 minu4ev Eaa! o dietvncs of ]O.S2 JudiciLund Mork poets: Ihence co'ht North 03 degrees 45 min1 a s EasE a dis+once IF Icet to p tJua;cim tend 3{Irk in loot !hence north 29 degrees 13 minulea EavL ¢ disibnce feet M Jvdaivl Llnd Mvrk M pmce Ih-o Narth 3'/ aegrees 16 minidrx E¢eE a dislanc¢ ! s 20.]0 feet t¢ I Jvdi¢;II Land Merk in p ce Nor,N 42 degrees 12 m es 30 se ends East v 6-ncae¢f 136.12 feet to a Jadicim Land M,0 [n place; th a Nnnh 56 degre s 36 m�nblec Eext a tlistvnce If 35 01 1<t, thence ,I,, egree 2l ds 45 m s 05 sebode Went a distunee I3252 feet to the ceMt.-. of Stale Trank H-ghwoy thenc¢ Sluthw<--noes` olbn said con4erV;ne n dletvnce ¢f 32284 Seel m less tI the Wesi ton sold 5 n 23, thence Soath 0 22 m;nvles 11ng said Wszl line a diskan<e If 384.10 e[eel t¢ the Point't I, g g EYCEPT that port lying South -I 5buthwesteny IF the tonowtng a scribed I;ne: Cam al Ihe 6ouhhwest c IS svkE sect 23, then oe North 0 degrees, 22 m u Ise West alonq Ihen Weel fin¢ of saJ Seciian 23 ¢ disiancv gar tk 970.49 feet fa my point bt be&mIg, thence N .i 83 deg.ees 45 nunales E-I a distance al 70_I2 feet lI ¢ Judicial Land Mg>A in pia lhrn<e cantinrre Nl.tn 63 degrees 95 minutes Ean ¢edist¢ne< �} 70A0 hot fI I Ju le.P Land MlrI ;n c NaAh 29 aegrees s3 m nines Eawl ¢ dixt¢nev Ilt89 O7 tfirel t, o J,rffici¢! Land IAIrk in pinc<; thence Ir h 3'/ degrees 16 u dislbn IF 69.35 feet:Atdim Narth 3. degrees 46sminut<s 03 se a t b dis45nce al 53.96 IEen<e !forth 0 de9rcesn0 menut<s 00 se dlstancr If 80.9$ feet: th ce South 69 degreesp5)sm'nutes O6 a tends SVest a distrn IF t50.00 fleet. !v the 1'lest kne b cn 23; thence South ❑ degrees 12 e Eaet II¢nq said West fine a shun 23 b distance of 283-05 reel la the poiM of beginning se That ,a al co nt Let 5, Section 23. Tvnmhlp 28, Range 23 West d,snibcd Is Follows: Commencing II 81e S,plFv,esl c al seid Section 23, e Nbdti 0 degrees, 22 mn 104I, I04 n1,vg ttv otesa:d Saclion 23 b too 147U 40 fee! t¢ tM1e epo:ntn¢l Le9inainq of the- tl oboe daslribed: thence north 83 d,grecs 95 minal es '<asl b ..Ionce bf 70.12 feet SI ¢ civl fond Mark mplace; thence ,nlm,e N rth s3 degrees 43a�minutes East b al - feet tI ¢ Judicfal Lnlld Mark in place: Mvnces Narth 29 degrees 13 min,des E-st d distance a 9.0'1 to II46al L¢nd Mock m place: thence Narth 37 deg -I TS m s Ebs a diatan of 120 7 0 fie Judiclol Land lM¢rk m place: thence Narth 42 tlegrvvs 12 m nukes 30 s s Eust b distance ¢f ...12Judicial Lsnd IJlrknm plv the < Norh 5 degers 3U minutes E-st a - of 36.C{ feet. -the orth 21 degrees 46 minvtcsOSn cc Dods west o encb( Sect lh-- tp the centcdinc bl Stale Tr,nk Nighw¢y tNo�rl3, he: m South«esivdey vling sail senlerlme a di�an a of th A4 re s to the West pre [ kc5 W"t 23. then a 6auth 0 degrees 1 mlputes [eel bang said W<sl Ilne I dislpnce aE 3s4.1B feel Iv IM1e point of Lcginn:ng, ExcERi thbt port lying Narth end Nvr;hcact<1fy If the -mg daecribcd I'- Clmm<ncilq of d Sob 22 senor el odd 5ecfirn 23. I, I NI1t+ 0 degrv¢s 1h22 . If 1s 0.40 mbn t e n'eai line 1 sviQ Se M. 23 o dicta ce It 14]0.40 teet9l¢Lthe point If heginn:ng: t6vncv Nvdh 83nd<9rees 45 mnu4es I p a d;slbnce bt P.[2 feel lI a J,.tl'u-iIl Llnd'19¢rk in place: then vntmue 4a1ih 83 degree s East v dlN1- cvOP feet to i Ju41cia1 Land i.. n�np M thence NI 29 degrees 13 'nui<s Eest a sick nee el 69.6] feet tI a ial 4und MaIL M pfve then a Ilwtfi 37 degre inules Evsl a aistbnce bf fi9.35 feet; (hence NartEs 52 degrees 46 minutes 6} seconds Vks9 a distance of 93.s6 ,III: thence NIAF 0 degrees 03 mrtuSes W xca ds West a dixtence Ir 64.96 }eel: Wens, S.,th a 9fwt9m e ress 5] rcana!<s 00 s est v dislan<e of 150-.0o ,r lest. to the Wt ins f -id 5eclipn 23: thence South aad gmes 22 _ s Eurt along said West lino If Sccli¢n 23 a slants bl 283.r65 Ieet !a the Pbinl of c9 naing, Lx STINC AREAS Lot Are, Mebsurea to Ccn IIIIe = 123,353 SF ¢r 2,63 N,,, Lol Area Except R-dw¢y = 1 W.87d 5E - 2.32 pores PRPpPS� Pn cq 1; Lai A- 1Je,sbr.4 tI centerline � 75,047 Sr ¢- 1.74 Acres Let M- Except Ro¢dwvy 62.790 IF - 1 44 Acres PARCEL 2. L,Area Mebsorea tb Cenleetine a 47.407 5F Ir Mg N:rec Eat N,. Except Rovdwvy = 3&098 Si er 0.02 Acres 105 ALt' 422-20 sG l" r 40• 6DOKlFRCE oluWN SIFE ADDRESS 17 K cmE R£FE ENGR i!(HI Lv[irtglon Aye. M<rvkW Heillhts,htA 55}iE PRELIMINARY stw: S; s e; r_ma>r rtily tndt this ryes, plan port w s prepares L I herebvnder 5m ^ dM1eet s pervl 1bn bnd ihni 1 am, ¢ a Ir rlgistnrd Land urreyor tler the laws al Ihe Slpie o< I.Lnnesoty. W. SRonN iwNi] 5URYEYfNG, 1NG. iLLL LEGEND B Found JadicinI E¢ndmark • Fluna Iron Monument N 40 0 40 80 .., SCALE IN PEEP W. BROWN LAND SURVEYING, INC. --.-.R enM[Sb.,suN[u6. BLmNnwrou.MN 55425 B Rs:c[R$]SSdd055 Fwx i9S21 r154.416a LTSAIL:INKocxW BROWNLANRSURVRYING.COM EXHIBIT-B PROPOSED LEGAL DESCRIPTIONS PARCEL 1: That part of Government Lot 5, Section 23, Township 28, Range 23 West described as follows: Commencing at the Southwest corner of said Section 23, thence North 0 degrees, 22 minutes West along the West line of said Section 23 a distance of 1470.40 feet to the point of beginning of the land to be described; thence North 83 degrees 45 minutes East a distance of 70.12 feet to a Judicial Land Mark in place; thence continue North 83 degrees 45 minutes East a distance of 70.00 feet to a Judicial Land Mark in place; thence North 29 degrees 13 minutes East a distance of 89.07 feet to a Judicial Land Mark in place; thence North 37 degrees 16 minutes East a distance of 120.70 feet to a Judicial Land Mark in place; thence North 42 degrees 12 minutes 30 seconds East a distance of 136.12 feet to a Judicial Land Mark in place; thence North 56 degrees 30 minutes East a distance of 36.01 feet, thence North 21 degrees 46 minutes 05 seconds West a distance of 232.52 feet to the centerline of State Trunk Highway No. 13, thence Southwesterly along said centerline a distance of 322.84 feet more or less to the West line of said Section 23, thence South 0 degrees 22 minutes East along said West line a distance of 384.78 feet to the point of beginning. EXCEPT that part lying South and Southwesterly of the following described line: Commencing at the Southwest corner of said Section 23, thence North 0 degrees, 22 minutes West along the West line of said Section 23 a distance of 1470.40 feet to the point of beginning; thence North 83 degrees 45 minutes East a distance of 70.12 feet to a Judicial Land Mark in place; thence continue North 83 degrees 45 minutes East a distance of 70.00 feet to a Judicial Land Mark in place; thence North 29 degrees 13 minutes East a distance of 89.07 feet to a Judicial Land Mark in place; thence North 37 degrees 16 minutes East a distance of 69.35 feet; thence North 52 degrees 46 minutes 03 seconds West a distance of 93.96 feet; thence North 0 degrees 03 minutes 00 seconds West a distance of 80.96 feet; thence South 89 degrees 57 minutes 00 seconds West a distance of 150.00 feet, more or less, to the West line of said Section 23; thence South 0 degrees 22 minutes East along said West line of Section 23 a distance of 283.65 feet to the point of beginning. Res. 2020-81 Page 6 of 7 EXHIBIT-B PARCEL 2: That part of Government Lot 5, Section 23, Township 28, Range 23 West described as follows: Commencing at the Southwest corner of said Section 23, thence North 0 degrees, 22 minutes West along the West line of said Section 23 a distance of 1470.40 feet to the point of beginning of the land to be described; thence North 83 degrees 45 minutes East a distance of 70.12 feet to a Judicial Land Mark in place; thence continue North 83 degrees 45 minutes East a distance of 70.00 feet to a Judicial Land Mark in place; thence North 29 degrees 13 minutes East a distance of 89.07 feet to a Judicial Land Mark in place; thence North 37 degrees 16 minutes East a distance of 120.70 feet to a Judicial Land Mark in place; thence North 42 degrees 12 minutes 30 seconds East a distance of 136.12 feet to a Judicial Land Mark in place; thence North 56 degrees 30 minutes East a distance of 36.01 feet, thence North 21 degrees 46 minutes 05 seconds West a distance of 232.52 feet to the centerline of State Trunk Highway No. 13, thence Southwesterly along said centerline a distance of 322.84 feet more or less to the West line of said Section 23, thence South 0 degrees 22 minutes East along said West line a distance of 384.78 feet to the point of beginning. EXCEPT that part lying North and Northeasterly of the following described line: Commencing at the Southwest corner of said Section 23, thence North 0 degrees, 22 minutes West along the West line of said Section 23 a distance of 1470.40 feet to the point of beginning; thence North 83 degrees 45 minutes East a distance of 70.12 feet to a Judicial Land Mark in place; thence continue North 83 degrees 45 minutes East a distance of 70.00 feet to a Judicial Land Mark in place; thence North 29 degrees 13 minutes East a distance of 89.07 feet to a Judicial Land Mark in place; thence North 37 degrees 16 minutes East a distance of 69.35 feet; thence North 52 degrees 46 minutes 03 seconds West a distance of 93.96 feet; thence North 0 degrees 03 minutes 00 seconds West a distance of 80.96 feet; thence South 89 degrees 57 minutes 00 seconds West a distance of 150.00 feet, more or less, to the West line of said Section 23; thence South 0 degrees 22 minutes East along said West line of Section 23 a distance of 283.65 feet to the point of beginning. Res. 2020-81 Page 7 of 7 STATE OF MINNESOTA ) COUNTY OF DAKOTA ) S.S. CITY OF MENDOTA HEIGHTS ) I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution is an exact copy of the resolution on file in my office adopted by the Mendota Heights City Council. Signed and sealed by my hand on this 27" day of January, 2021. Lorri Smith, City Clerk (SEAL)