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03 PC 93 - PLANNED UNIT DEVELOPMENT AGREEMENT AND CONDITIONAL USE PERMIT FOR GETHSEMANE CEMETERY 1 . Parties to Agreement . • This Agreement dated the Arl'' day of Te%/loc.✓ / , 199, is between the City of New Hope, a Minnesota Muipicipal Corporation ( hereafter City ) and The Catholic Cemeteries , a Minnesota Religious Diocesan Corp . ( hereafter Developers ) . 2 . Subject Property . The Developers are the fee owners of the following described property which is the subject of this Agreement located in the City of New Hope , County of Hennepin , Minnesota: Gethsemane Cemetery 3 . Conditional Use Permit Planned Unit Development Approval . The Developers have asked the City to approve a Planned Unit Development (PUD) for the subject property consisting of the following uses : cemetery , burial , mausoleum, and office for cemetery business and use only. The City hereby grants conceptual approval for the property as set out in the Gethsemane Cemetery Master Plan identified as Exhibit A. The City also grants development approval and approves the PUD conditional use permit for the first stage of development on the condition that the Developers enter into this Agreement and comply with its terms . 4. Development Exhibits . The Developers shall construct its phase one improvements and phase two Xylon entrance in accordance with the plans shown on the following exhibits . If the exhibits vary from the written terms of this Agreement , the written terms shall control . The exhibits are : Exhibit A -- Gethsemane Cemetery Master Development Plan ( January, 1993) Exhibit B -- Mausoleum/Office Site Plan ( revised 8-30-93) Exhibit C -- Mausoleum/Office Grading & Utility Plan ( revised 8-30-93 ) Exhibit D -- Mausoleum/Office Planting Plan ( revised 8-30-93 ) Exhibit E -- Mausoleum/Office Phase 2 - Entrance ( revised 8-30-93 ) 1 Exhibit Gi -- Office Building Floor Plan & & G2 Elevations ( 7-9-93 ) Exhibit H1 -- Mausoleum Floor Plan & & H2 Elevations ( revised 9-15-93 ) Exhibit I -- Water Main Loop (8-19-93 ) Exhibit J1 -- Signage Plan ( 7-20-93 ) through J5 Exhibit K -- Wetland Delineation ( shown in 9-21 -93 SEH Report ) 5 . Shared Ingress and Egress . The Developers further acknowledge and agree to provide for Ingress and Egress for all uses on the subject property and hereby expressly agree that all uses on the subject property may utilize the curb cuts and driveways shown on the Exhibits for this purpose . 6 . The Work . It is contemplated by the parties that the work will be completed in 4 phases as described in the Master Development Plan attached as Exhibit A. The Exhibits attached as B through J , including any approved subsequent amendments , describe the phase one work and the phase two entrance , which shall be performed by the Developers to the City ' s satisfaction in compliance with all applicable codes , ordinances , standards , and policies of the City. The work, includes all on-site exterior amenities as shown on the plans - - including , but not limited to, landscaping , private drives , parking areas, storm drainage systems, water mains , sanitary sewers , hydrants , curbing , lighting , fences, fire lanes , sidewalks , and trash disposal enclosures . The Developers further agree that all signage on the property will comply with exhibits J1 through J5 and the New Hope Sign Code . 7 . Financial Guarantee . To secure performance of the phase one work under this Contract , all other terms of this Agreement and payment of all administrative fees require by the New Hope City Code, the Developers shall fur the-------C, ty with a financial guarantee in the amount of -$71 , 400 . 00 b fore any work is started or building permits issued : —h-e-' financial guarantee may take any of the following forms : i ) Cash deposit at no interest ; ii ) Assigned Saving Certificate - interest to Developer ; iii ) Corporate Surety Bond ; iv ) Irrevocable Letter of Credit for term approved by the City . This financial guarantee may also be used by the City to pay all of its costs , including but not limited to, legal and engineering consulting fees , incurred by the City to enforce this agreement . 2 8 . Completion of Work . The Developer agrees that the phase 1 work will be completed in its entirety on or before the 1st (' � r� ay of October , 1998 . The phase 2 entrance shall be completed,,_ Ell-tv&rOno later than 10 years after the execution of this agreement<; Z � 0 S',�] No extension of time shall be valid unless the same shall be 0 approved pproved in writing by the City . An extension of time shall 9 be valid whether approved by the City before or after the�___� completion date , and failure of the City to extend the time for completion or to exercise other remedies shall not cause a forfeiture of the City ' s rights hereunder, nor shall any extension of time granted by the City cause any forfeiture of the City ' s rights . It shall be the duty of the Developer to notify the City of the completion of the work in writing and to request a final inspection of the work by employees of the City . The developers shall be required to submit for approval additional plans for all subsequent improvements as required by New Hope Code §§4 . 19 through 4 . 197 , with the exception of the phase 2 entrance attached hereto as Exhibit E . The financial guarantee furnished to the City shall guarantee completion of phase 1 improvements only . Additional financial guarantees may be required at the City' s option as subsequent plans are submitted to the City for development approval of future phases of the project . A financial guarantee will bei required for the phase 2 entrance prior to Developer ' s commencing construction of the entrance . These guarantees shall remain in full force and effect after installation of the work , to determine that the useful life of all work performed hereunder meets the average standards for the particular industry , profession , or material used in the completion of the work . Landscaping improvements consisting of trees , shrubs , and other living material , shall be considered complete for purposes of this agreement upon determination of the City following inspection by the City that said materials have survived one full winter season after the actual installation of the materials . The period October 31 through April 30 shall constitute a winter season . Any work failing to meet such standards shall not be deemed complete hereunder . Notice of the City ' s acceptance of the work shall be given the Developers following inspection and a determination that the . work has been properly completed . Any such completion notice shall not release the financial guarantee . The financial guarantee may be released only upon motion of the City Council , and shall stay in full force and effect until all administrative costs are paid in full . 3 9 . Street Right-of-Way Dedication . The Developer agrees that development of the property may generate additional traffic onto 42nd Avenue North created in part by use of the new phase 1 office facility and mausoleum as well as by future development in subsequent phases . To alleviate the potential safety hazard created by additional traffic on 42nd Avenue it is contemplated that Hennepin County with participation by the City , may desire to widen 42nd Avenue and construct left turn lanes at Xylon Avenue North . To facilitate these street improvements , the Developer agrees to provide by permanent easement street right-of-way over , under and across no more than the north 17 feet of the property as shown on the 8-25-93 preliminary plan prepared by Bonestroo, Rosene, Anderlik & Associates identified as Exhibit F . The Developer agrees to provide approximately 12 , 000 square feet of permanent right- of-way at no cost to the City or County for the left turn lanes at Xylon Avenue North as shown on Exhibit F . If the City and County request the approximately 10 , 400 additional square feet to construct the two-way left turn lane as shown on Exhibit F , the Developer shall receive fair market value for the additional square footage . Fair market value shall be determined by an appraiser mutually satisfactory to both parties . In the event the parties cannot agree on a single appraiser each party wi l l select an appraiser . The appraisers. shall then select a third appraiser . The appraisers shall determine a fair market value of the easement taken to which all three must agree and the parties hereto agree to be bound by said determination of value . The cost of said appraisals shall be paid equally by the parties . Determination of the exact amount of right-of-way needed for both or either left turn movement on 42nd Avenue North as shown on Exhibit F shall be determined by the New Hope City Engineer . The Developer further agrees that all future development of the property will take into consideration this requested right-of-way and no fencing , monuments , landscaping or structures of any kind will be placed or constructed within this 17 foot . strip of property. � 10 . Storm Water Drainage/Wetland Delineation . The Developer also agrees that development of the property will generate additional storm water run-off and may possibly impact existing wetlands on the property . Developer agrees it will dedicate at no cost to the City a permanent easement for storm water drainage and retention ponding . The Developer agrees that the ponding easements will be in accordance with the recommendations made in New Hope ' s Comprehensive Storm Sewer Plan and that said Plan has not yet been completed by the New Hope City Engineer . However , the general location of the pond 4 will be located directly east of the low point in Boone Avenue opposite 4075 Bone Avenue as shown on the Master Plan identified as Exhibit A. It may be no greater than approximately 8 . 5 acres - feet of storage ( NWL 902 , HWL 906) and shall incorporate approximately 2 acres of land ( 450 ' x 150 ' ) . The Developer agrees that the City will construct the Pond as part of the Developer ' s Phase 1 improvements . Further , the Developer agrees to provide the City with all required temporary construction easements -upon execution of this agreement for construction of the pond . The City agrees to bear the cost for pipe modification in Boone Avenue required by the Pond ' s construction and all restoration including landscaping associated with the construction . The Developer agrees it will pay all costs associated with moving 5 , 000 cubic yards of material to construct the pond determined by the City Engineer as the Developer' s pro rata share based on anticipated cemetery drainage after development . Said costs shall be assessed against the property within 10 days after developer receives an itemized billing for the work from the City . Developer agrees it will make 10 semi-annual payments to the City until the Developer ' s share is paid in full . Said payments shall commence on May 31 , 1994 with payments due on, the 31st day of May and October thereafter until October 31 , 1998 , when the entire unpaid principal and accrued interest shall be payable in full . Said amount shall bear interest at ' a rate of 7% per annum on the unpaid principal balance . Developer further acknowledges and agrees its payment obligation for the pond construction shall be guaranteed by the financial guarantee required by paragraph 7 . The excess material will be spread on the property in accordance with the directions and requirements of the Developer . All private storm sewer reconstruction done to accommodate Phase 1 construction shall discharge directly into the open ditch which flows westerly to Pond one . A second Pond shall be constructed in conjunction with the Phase 2 Xylon entrance improvement . The second Pond shall be located approximately 500 ' south of 42nd Avenue North and 200 feet west of Xylon Avenue North if Xylon were extended south as shown on the Master Plan identified as Exhibit A . The storage capacity and dimensions of pond two will be more fully defined by the Comprehensive Storm Sewer Plan . The Developer shall be responsible for all costs associated with the construction of the second Pond . Developer agrees it will provide the City at no cost with a storm water retention and ponding easement over the pond in the event the City deems it necessary to drain storm water run-off from the Boone and 42nd Avenue intersection to said pond . 5 The Developer also agrees to provide the City with a survey of the property that includes a delineation of all wetlands located on the property and verified by either the appropriate watershed district , the Army Corp . of Engineers or the Minnesota Board of Water and Soil Resources . Developer acknowledges that all future development of the site must comply with all federal regulations and Minnesota' s Wetland Conservation Act relative to all disturbances of wetlands on the property . 11 . Private Roadway Construction . The Developer agrees that all private internal roads as proposed by the Master Plan and Exhibits shall be concrete curbed and surfaced with asphalt to match those already existing on the property. 12 . Perimeter Fencing and Landscaping . Developer agrees that prior to the removal and replacement of any existing perimeter fencing and landscaping of the property detailed plans of the improvements will be submitted to the City Planning Commission and Council for review and approval . Further, Developer agrees that future replacement of the existing chain-link fencing around the property ' s perimeter will be with high quality materials , that the fence setback will remain the same, along Winnetka Avenue North , but the setback along 42nd Avenue and Boone Avenue North shall be a minimum of 10 feet measured from the new property lines after the dedication of street right-of-way and ponding easements provided for herein . Also, all future landscaping plans shall show type and location of the intended vegetation and shall be coordinated with all future fencing plans . 13 . Internal Sidewalks . Developer agrees that any" improvement to the Winnetka entrance or construction of the Phase 2 Xylon entrance or future Boone entrance as shown on the Master Plan will include construction of sidewalks on one side of the respective entrance to the first internal cross street with the entrance under construction . 14 . Phase 1 Conditions . The Developer agrees to the following terms and conditions as part of the City ' s approval of the site plans for the construction of the office building and mausoleum in addition to the other terms and conditions stated herein : i ) The temporary office facility shall be removed within 14 days after the issuance of an occupancy permit for the office building , weather permitting ; 6 ii ) All above ground monuments and structures shall be set back a minimum of 30 feet from the property lines as determined after dedication of the new street right-of-ways and ponding easements provided for herein ; iii ) The phase one improvements will not require construction of a looped water main and 2 hydrants . However , future developments of buildings or like structures may necessitate the need for a fire suppression system such as looped water main and 2 hydrants or internal sprinkling systems . Developer agrees , as part of such future development , to construct the appropriate fire suppression system as required by the City and agreed to by Developer . iv) Developer shall provide to the City anticipated construction time lines for all remaining Phase 1 improvements . 15 . Remedies for Breach . The City shall give prior notice to the Developer and a corporate surety that has provided a bond as financial guarantee of any default before proceeding to_ . enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee . Notice shall be sent by certified mail . If within ten ( 10) days after such notice to it , the Developer or the surety has not notified the City in writing of its intention to enforce any rights it may have under this performance agreement or any performance bond or guarantee by stating in writing the manner in which the default will be cured and the time within such default will be cured , the City will proceed with the remedy it deems appropriate . At any time after the completion date and any extensions thereof , if any, of the work deemed incomplete , the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth , and to collect any and all overhead expenses incurred by the City in connection therewith including , but not limited to , engineering , legal , planning and litigation expenses including court costs and reasonable attorney ' s fees ; but the enumeration of the remedies hereunder shall be in addition to any other remedies available to the City . i ) Specific Performance . The City may in writing direct a corporate bond surety or the Developer to cause the. work to be undertaken and completed 7 within a specified reasonable time . If the surety and/or the Developer fail to cause the work to be done and completed in a manner and time acceptable to the City, the City may proceed in an action for specific performance to require work to be undertaken . ii ) Completion by the City . The City , after notice , may enter the premises and proceed to have the work done either by contract , by day labor or by regular City forces , and neither the Developer nor the corporate surety may question the manner of doing such work or the letting of any such contracts . Upon completion of such work , the surety and/or the Developer shall promptly pay the City the full cost thereof as aforesaid . In the event that the financial guarantee is in the form of a performance bond , it shall be no defense by the surety that the City has not first made demand upon the Developer , nor pursued its rights against the Developer . iii ) Deposit of Financial Guarantee . In the event that the financial guarantee has been submitted in the form of a performance bond , the City may demand that the surety deposit with the City a sum equal to the City ' s estimated cost of completing the work , plus the City' s estimated overhead expenses as defined herein , including any other costs and damages for which the surety may be liable hereunder , but not exceeding the amount set forth on the face of the performance bond which money shall be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the work as herein before specified , and the balance - shall be returned to the surety . The money shall be deposited with the City within ten ( 10 ) days after written demand therefor , and if the surety fails to make the required deposit within ten days , the City shall have the right to proceed against the surety with whatever legal action is required to obtain the deposit of such sum . iv) Funds of Deposit . In the event that the financial guarantee is in the form of cash , certified check , irrevocable letter of credit , or other arrangement making the financial guarantee immediately accessible to the City , the City may , after notice 8 to the Developer , deposit the financial guarantee in its general account . The City may then proceed to complete the work , reimburse itself for the cost of completion as defined hereunder , and return the balance to the Developer . 16 . Miscellaneous . i ) This Agreement shall be binding upon the parties , their heirs , successors or assigns , as the case may be . ii ) Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits . iii ) If any portion , section , subsection , sentence , clause , paragraph or phrase of this Agreement is for any reason held invalid , such decision shall not affect the validity of the remaining portion of this Agreement . iv) The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement . To be binding , amendments or waivers shall be in writing , signed by the parties and approved by written resolution of the City Council . The City' s failure to promptly take legal action to enforce this Agreement shall not be a waiver or release . v ) Developer agrees to reimburse the City for the actual costs to the City associated with Planning Casse 93-11 and this Agreement , including but not limited to, engineering and attorney ' s fees . Developer agrees that the financial guarantee shall not be released until all such costs have been paid to the City . vi ) The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement , or any portion thereof , including court costs and reasonable engineering and attorney ' s fees . 9 17 . Notices . Required notices to the Developer shall be in writing , and shall be either hand delivered to the Developer by certified or registered mail at the following address : Executive Director , Catholic Cemeteries , 244 Dayton Avenue , St . Paul , MN 55102 . Notices to the City shall be in writing and shall be either hand delivered to the City Clerk , or mailed to the City by certified mail or registered mail in care of the City Clerk at the following address : 4401 Xylon Avenue North , New Hope , Minnesota 55428 , Attention : City Clerk . DEVELOPERS Dated : /— / — 9 ' By Its President Dated : / — i - y}/ By _ /r7-7 1•2'1. I Secretary CITY ev NEW r•PE • 4 B 10` , It y f- yor By /it" /� ..�, Its Citanager STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) ( On this Aa�a day of C(t.( tIot , 199",7 , before me personally appeared Edw . J . E'ickson and Daniel J . Donahue , to me known to be the persons described in the foregoing instrument and who did say they are respectively the Mayor and City Manager of the municipal corporation named therein and that the seal affixed to said instrument is the corporate seal of said municipal corporation , and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Edw. J . Erickson and Daniel J . Donahue acknowledged said instrument to be the free act and deed of said municipal corporation . Vati-4.--ei 9- 4'(--k Notary Publi 10 VALERIE J. LEONE 'rr , - NOTARY PUBLIC-MINNESOTA '` My Orn n , Ex M CITY OF NEW HOPE Memorandum To: Gail VanKrevelen, Doug Sandstad, Guy Johnson From: Valerie Leone, City Clerk Date: October 25, 1999 Subject: Recorded Easements Attached please find an easement document with Gethsemane Cemetery. This relates to Project 547 (involving the project on the south side of 42"d Avenue). The easement permitted the widening of 42"d Avenue between Zealand and Winnetka Avenue and creation of the detention pond planned for the east side of Boone Avenue. • c_) n I .o .- F Iy ttf \, SilSR TRANSFER ENTERED l ENfVEPiN COUNTYTr9X1�A fER SERVICES SEP if /4)7 H kE. dArdW PERMANENT AND TEMPORARY EASEMENT FOR CONSTRUCTION AND MANTENANCE OF PURILOC IMPROVEMENT THIS INDENTURE, executed on the / day of Tl , 1999, between The Catholic Cemeteries, a Minnesota Religious Diocesa?' Corporation (herein "First Party") and the City of New Hope, a Minnesota municipal corporation (herein "City"). WHEREAS, First Party is the fee owner of real property located in Hennepin County, Minnesota, legally described as (herein "Property"): Gethsemane Cemetery; WHEREAS, the City is desirous of obtaining permanent street, and drainage and utility easements over, under and across portions of the Property, and temporary construction easements over, under and across portions of the Property, WITNESSETH; That the First Party, in consideration of the sum of One Dollar ($1 .00) and other good and valuable consideration to it in hand paid by the City, the receipt whereof is hereby acknowledged, does hereby grant, bargain and convey unto the City, its successors and assigns, forever, permanent easements as specified below, including full and free right and authority to enter upon the easement tracts and to construct, maintain, and operate a street, and public utilities and drainage facilities to be constructed therein. The permanent easements herein granted are situated over, under and across the tracts of land situated in the County of Hennepin and State of Minnesota, 1 described as follows, to-wit: See attached Exhibit A. WITNESSETH; Further that the First Party in consideration of the sum of One Dollar ($1 .00) and other good and valuable consideration to it in hand paid by the City, the receipt whereof is hereby acknowledged, does hereby agree to mow the grass areas within the permanent easements herein granted, and the City agrees it will not charge First Party a maintenance fee. WITNESSETH; Further that the First Party in consideration of the sum of One Dollar ($1 .00) and other good and valuable consideration to it in hand paid by the City, the receipt whereof is hereby acknowledged, does hereby grant, bargain and convey unto the said City, its successors and assigns, temporary construction easements; including full and free right and authority to enter upon the property hereinafter described, for the purpose of construction of a street and public utilities (herein "Improvements"), it being the intention of the parties hereto that the aforesaid temporary construction easement shall terminate at midnight on November 1 , 1999. By acceptance of these temporary construction easements, the City hereby covenants and agrees to restore the surface of the ground and all structures to the same condition as existed thereon prior to the construction of the Improvements. The temporary construction easements described above are located over tracts of land situated in the County of Hennepin and State of Minnesota, described as follows, to-wit: See attached Exhibit B. The Catholic Cemeteries, a Minnesota Religious Diocesan Corporation By: I Se-c--e&rzt-, 75-1 Its ( ,i ( 2 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) ic,„ The foregoing was acknowledged before me this /,-...,/74- day of 1999, by SoA ,.� /% C/-e rel and Lti/A,, S, / //cr), , the Sc c, r e and C' z1, c.e//o r / 1 re c-To r , respectively, of The Catholic Cemeteries, a Minnesota Religious Diocesan Corporation, on behalf of said Minnesota Religious Corporation. ,t / otary Public This Document was Drafted by: SHARON M. ALBERTSON } NOTARY PUBLIC-MINNESOTA Jensen Swanson & Sondrall, P.A. RAMSEY COUNTY # ow . ..t.,. �•�' My commissiosi�xpire�131•$000 8525 Edinbrook Crossing, #201 Brooklyn Park, MN 55443 (612) 424-8811 I, the undersigned, being the duly qualified and acting Clerk of the City of New Hope, Minnesota, hereby certify that the Council of said City has duly accepted the foregoing easement. Dated: :026-? /41eiLLt, ‘,4-x_c City Clerk U:\word docs\cnh\Gethsemane Streetscape Esmt 3 Exhibit A A permanent street easement over, under and across that part of GETHSEMANE CEMETERY, according to the recorded plat thereof, Hennepin County, Minnesota, described as lying southerly of the southerly right-of-way line of HENNEPIN COUNTY STATE AID HIGHWAY NO. 9, PLAT 58, according to the recorded plat thereof, Hennepin County, Minnesota and northerly of a line described as commencing at the northeast corner of the Northeast Quarter of Section 18, Township 118, Range 21, Hennepin County, Minnesota; thence on an assumed bearing of South 00 degrees 25 minutes 16 seconds East, along the east line of said Northeast Quarter a distance of 1381.39 feet; thence South 88 degrees 58 minutes 05 seconds West a distance of 40.42 feet to said southerly right-of-way line of HENNEPIN COUNTY STATE AID HIGHWAY NO. 9, PLAT 58, being the point of beginning of the line to be described; thence continuing South 88 degrees 58 minutes 05 seconds West a distance of 104.45; thence North 85 degrees 47 minutes 15 seconds West a distance of 84.03 feet; thence South 88 degrees 53 minutes 21 seconds West a distance of 191.37 feet; thence South 88 degrees 33 minutes 06 seconds West a distance of 66.72 feet; thence South 01 degrees 26 minutes 54 seconds East a distance of 10.00 feet; thence South 88 degrees 33 minutes 06 seconds West a distance of 20.00 feet; thence North 01 degrees 26 minutes 54 seconds West a distance of 10.00 feet; thence South 88 degrees 33 minutes 06 seconds West a distance of 25.68 feet; thence westerly a distance of 662.63 feet along a non-tangential curve concave to the north and having a chord which bears North 87 degrees 52 minutes 00 seconds West, a radius of 5826.43 feet, a central angle of 06 degrees 30 minutes 58 seconds; thence South 05 degrees 49 minutes 39 seconds West not tangent to said curve, a distance of 10.00 feet; thence westerly a distance of 15.00 feet along a non-tangential curve concave to the south and having a chord which bears North 84 degrees 14 minutes 27 seconds West, a radius of 5836.43 feet, a central angle of 00 degrees 08 minutes 50 seconds; thence South 81 degrees 06 minutes 54 seconds West not tangent to last described curve, a distance of 59.55 feet; thence South 89 degrees 59 minutes 48 seconds West a distance of 61.68 feet; thence North 29 degrees 39 minutes 50 seconds West a distance of 34.78 feet; thence North 84 degrees 10 minutes 21 seconds West a distance of 216.21 feet; thence North 82 degrees 32 minutes 10 seconds West a distance of 563.25 feet; thence South 04 degrees 57 minutes 43 seconds West a distance of 5.00 feet; thence North 82 degrees 32 minutes 10 seconds West a distance of 32.81 feet; thence North 85 degrees 02 minutes 17 seconds West a distance of 32.81 feet; thence North 04 degrees 57 minutes 43 seconds East a distance of 5.00 feet; thence North 85 degrees 02 minutes 17 seconds West a distance of 37.50 feet; thence North 81 degrees 32 minutes 42 seconds West a distance of 148.11 feet; thence North 80 degrees 24 minutes 30 seconds West a distance of 64.55 feet; thence South 09 degrees 35 minutes 30 seconds West a distance of 10.00 feet; thence North 80 degrees 24 minutes 30 seconds West a distance of 15.00 feet; thence North 09 degrees 35 minutes 30 seconds East a distance of 10.00 feet; thence North 80 degrees 24 minutes 30 seconds West a distance of 104.77 feet; thence South 09 degrees 35 minutes 30 seconds West a distance of 10.00; thence North 80 degrees 24 minutes 30 seconds West a distance of 19.86 feet to the easterly right-of-way of Boone Avenue North per Deed Doc. No. 3207689 and said intersection point to be hereinafter known as "Point A", and said line there terminating. Said above described line to be hereinafter known as "Line A". A permanent drainage and utility easement over, under and across that part of GETHSEMANE CEMETERY, according to the recorded plat thereof, Hennepin County, Minnesota described as commencing at the southwest corner of the Northeast Quarter of Section 18, Township 118, Range 21; thence on an assumed bearing of North 00 degrees 03 minutes 06 seconds East along the west line of said Northeast Quarter of Section 18 a distance of 123.33 feet; thence South 89 degrees 56 minutes 54 seconds East a distance of 40.00 feet to the easterly right-of-way line of Boone Avenue 1 per Deed Doc No. 3207689; thence North 20 degrees 59 minutes 02 seconds East a distance of 71.41 feet to the point of beginning of the easement to be described; thence North 13 degrees 50 minutes 45 seconds West a distance of 44.57 feet; thence North 03 degrees 41 minutes 33 seconds West a distance of 32.25 feet to a point hereinafter referred to as Point "C"; thence continuing North 03 degrees 41 minutes 33 seconds West a distance of 22.08 feet; thence North 00 degrees 22 minutes 22 seconds East a distance of 179.02; thence North 22 degrees 38 minutes 39 seconds West a distance of 17.70 feet; thence North 01 degrees 13 minutes 38 seconds East a distance of 47.51 feet to a point hereinafter referred to as Point "D"; thence continuing North 01 degrees 13 minutes 38 seconds East a distance of 207.60 feet; thence northerly a distance of 18.17 feet on a tangential curve, concave to the southeast, having a central angle of 20 degrees 49 minutes 04 seconds and a radius of 50.00 feet to a point hereinafter referred to as Point "E"; thence northeasterly and easterly along the last described curve a distance of 67.44 feet, having a central angle of 77 degrees 16 minutes 57 seconds and a radius of 50.00 feet; thence South 80 degrees 40 minutes 21 seconds East tangent to said curve, a distance of 48.43 feet; thence easterly a distance of 94.74 feet on a tangential curve concave to the north having a central angle of 36 degrees 11 minutes 23 seconds and a radius of 150.00 feet; thence North 63 degrees 08 minutes 16 seconds East, tangent to last described curve a distance of 20.58 feet; thence easterly and southeasterly a distance of 51.87 feet on a non-tangential curve concave to the southwest having a central Angle of 106 degrees 11 minutes 40 seconds, a radius of 27.99 feet and a chord which bears of South 63 degrees 45 minutes 45 seconds East; thence southwesterly and westerly a distance of 44.88 feet on a non-tangential curve having a central angle of 102 degrees 50 minutes 55 seconds, a radius of 25.00 feet and a chord which bears South 39 degrees 17 minutes 07 seconds West; thence North 89 degrees 17 minutes 14 seconds West, not tangent to last described curve a distance of 16.69 feet; thence South 29 degrees 22 minutes 10 seconds East a distance of 51.27 feet; thence South 60 degrees 37 minutes 50 seconds West a distance of 9.43 feet; thence southwesterly a distance of 15.03 feet on a tangential curve concave to the southeast having a central angle of 57 degrees 25 minutes 52 seconds and a radius of 14.99 feet; thence South 03 degrees 11 minutes 58 seconds West, tangent to last described curve, a distance of 20.89 feet; thence southwesterly a distance of 23.68 feet on a tangential curve, concave to the northwest having a central angle of 30 degrees 50 minutes 11 seconds and a radius of 44.00 feet; thence South 34 degrees 02 minutes 09 seconds West, tangent to last described curve, a distance of 119.27 feet; thence South 30 degrees 33 minutes 43 seconds West a distance of 95.56 feet; thence southerly a distance of 13.32 feet on a tangential curve concave to the east having a central angle of 30 degrees 32 minutes 09 seconds and a radius of 25.00 feet; thence South 00 degrees 01 minutes 33 seconds West, tangent to last described curve a distance of 74.67 feet; thence southeasterly a distance of 17.18 feet on a tangential curve, concave to the northeast having a central angle of 39 degrees 22 minutes 10 seconds a radius of 25.00 feet; thence South 39 degrees 20 Minutes 37 seconds East, tangent to last described curve, a distance of 83.06 feet; thence southeasterly a distance of 51.26 feet on a tangential curve, concave to the west having a central angle of 68 degrees 16 minutes 45 seconds and a radius of 43.01 feet; thence South 28 degrees 56 minutes 08 seconds West, tangent to last described curve. a distance of 11.85 feet; thence southwesterly a distance of 37.91 feet on a tangential curve concave to the northwest having a central angle of 63 degrees 54 minutes 45 seconds and a radius of 33.99 feet; thence North 87 degrees 09 minutes 07 seconds West, tangent to last described curve, a distance of 43.32 feet; thence South 45 degrees 32 minutes 57 seconds West a distance of 59.16 feet; thence westerly and northwesterly a distance of 28.38 feet, on a tangential curve concave to the north having a central angle of 120 degrees 36 minutes 18 seconds and a radius of 13.48 feet to the point of beginning. Said last described line to be hereinafter known as Line "C". Together with a permanent 10.00 foot wide drainage and utility easement over, under and across that part of said GETHSEMANE CEMETERY, the centerline of said easement is described as beginning at aforementioned Point "C"; thence South 75 degrees 54 minutes 59 seconds West a distance of 13.10 feet to said easterly right-of-way line of Boone Avenue and there terminating. 2 Together with a permanent 10.00 foot wide drainage and utility easement over, under and across that part of said GETHSEMANE CEMETERY, the centerline of said easement is described as beginning at aforementioned Point "D"; thence South 45 degree 52 minutes 08 seconds West a distance of 8.93 feet to said easterly right-of-way line of Boone Avenue and there terminating. Together with a permanent 10.00 foot wide drainage and utility easement over, under and across that part of said GETHSEMANE CEMETERY, the centerline of said easement is described as beginning at aforementioned Point "E"; thence North 64 degrees 08 minutes 11 seconds West a distance of 15.88 feet to said easterly right-of-way line of Boone Avenue and there terminating. The sidelines of said 10.00 foot wide easements are to be shortened or prolonged to terminate at said easterly right-of-way line of Boone Avenue and said Line "C". 3 Exhibit B A temporary construction easement over, under and across that part of said GETHSEMANE CEMETERY, lying southerly of the above described "Line A" and northerly of a line described as commencing at the northeast corner of the Northeast Quarter of Section 18, Township 118, Range 21; thence on an assumed bearing of South 00 degrees 25 minutes 16 seconds East, along the east line of said Northeast Quarter a distance of 1389.40 feet; thence South 88 degrees 58 minutes 05 seconds West a distance of 40.23 feet to the westerly right-of-way line of Winnetka Avenue North being the point of beginning of the line to be described; thence continuing South 88 degrees 58 minutes 05 seconds West a distance of 104.92 feet; thence North 58 degrees 47 minutes 15 seconds West a distance of 84.03 feet; thence South 87 degrees 43 minutes 13 seconds West a distance of 442.73 feet; thence North 85 degrees 54 minutes 35 seconds West a distance of 144.12 feet to a point hereinafter referred to as Point "B"; thence continuing North 85 degrees 54 minutes 35 seconds West a distance of 55.22 feet; thence westerly a distance of 325.65 feet along a non-tangential curve concave to the north and having a chord which bears North 86 degrees 12 minutes 25 seconds West, a radius of 5834.43 feet, a central angle of 03 degrees 11 minutes 53 seconds to its intersection with said "Line A" and said line there terminating. Said last described line hereinafter to be known as Line "B". A temporary construction easement over, under and across that part of said GETHSEMANE CEMETERY, described as beginning at aforementioned Point "B"; thence South 01 degrees 03 minutes 51 seconds West a distance of 163.46 feet; thence South 89 degrees 03 minutes 01 seconds East a distance of 20.00 feet; thence South 01 degrees 03 minutes 51 seconds West a distance of 46.00 feet; thence North 89 degrees 03 minutes 01 seconds West a distance of 145.00 feet; thence North 01 degrees 03 minutes 51 seconds East a distance of 46.00 feet; thence South 89 degrees 03 minutes 01 seconds East a distance of 20.00 feet; thence North 01 degrees 03 minutes 51 seconds East a distance of 167.78 feet to the aforementioned Line "B"; thence easterly a distance of 25.01 along said Line "B"; thence South 01 degrees 03 minutes 51 seconds West a distance of 167.07 feet; thence South 89 degrees 03 minutes 01 seconds East a distance of 55.00 feet; thence North 01 degrees 03 minutes 51 seconds East a distance of 164.83 feet to said Line "B"; thence South 85 degrees 54 minutes 35 seconds East, along said Line "B", a distance of 25.03 feet to the point of beginning A temporary construction easement over, under and across that part of said GETHSEMANE CEMETERY, described beginning at the above described Point "A"; thence on an assumed bearing of South 00 degrees 03 minutes 06 seconds West along said easterly right-of-way line of Boone Avenue North a distance of 5.09 feet; thence South 72 degrees 02 minutes 18 seconds East a distance of 99.43 feet; thence South 84 degrees 29 minutes 41 seconds East a distance of 325.15 feet; thence South 82 degrees 01 minutes 28 seconds East ci distance of 336.52 feet; thence South 84 degrees 37 minutes 43 seconds East a distance of 450.18 feet; thence on a bearing of South a distance of 307.86 feet; thence on a bearing of East a distance of 120.00 feet; thence on a bearing of North a distance of 284.40 feet to the aforementioned Line "A"; thence westerly along said Line "A" to the point of beginning. A temporary construction easement over, under and across that part of said GETHSEMANE CEMETERY, described as commencing at said southwest corner of the Northeast Quarter of Section 18; thence on an assumed bearing of North 00 degrees 03 minutes 06 seconds East along the west line of said Northeast Quarter of Section 18 a distance of 123.33 feet; thence South 89 degrees 56 minutes 54 seconds East a distance of 40.00 feet to said easterly right-of-way line of Boone Avenue said point being the point of beginning of the temporary easement to be described; thence continuing South 89 degrees 56 minutes 54 seconds East a distance of 500.00 feet; thence North 00 degrees 1 03 minutes 06 seconds East a distance of 604.00 feet; thence North 89 degrees 56 minutes 54 seconds West a distance of 188.00 feet; thence North 00 degrees 03 minutes 06 seconds East a distance of 100.00; thence North 89 degrees 56 minutes 54 seconds West a distance of 312.00 feet to said easterly right-of-way line of Boone Avenue; thence South 00 degrees 03 minutes 06 seconds West a distance of 704.00 feet along said easterly line of Boone Avenue to the point of beginning. 2