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