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HomeMy WebLinkAbout3272Property Address Nash Finch Company 7600 France Avenue South Edina, MN 55435 e )4" .)C France Avenue Pedestrian Enhancement Project SP 120-020-037 Easement Check List Parcel 11 Parcel Number 11 Early notification letter Waivers Easements Included . Sent Acknowledged Compensation Appraisal Sent Signed K. A i4ceor /7 X — A.) 0 Early Notification Letter Waiver of Compensation / Appraisal Easement Parcel File: Project Letter Early Notification Letter Title Work by Cambel Knutson Communication log Appraisal4.4 )4 ad e,/- Signed Easement May 21, 2012 France Avenue Area Stakeholders City of Edina Re: Stakeholders Meeting #1 -7:00 PM, Thursday, May 31 at Edina Public Works France Avenue Transportation Enhancement Intersection Improvements Dear Stakeholder: You are invited to a stakeholder meeting for the France Avenue Pedestrian and Bicycle Intersection Enhancement Project to be held on Thursday, May 31 at 7:00 PM at the Edina Public Works Facility, 7450 Metro Boulevard, Edina, MN 55436. Background: The City of Edina was successful in 2007 in securing Federal Transportation Enhancement funding for the 72nd Street Pedestrian Bridge over France Avenue. As a result of several studies, change in policy direction and new leadership at the City, the concept of a bridge over France Avenue was deemed no longer practical. The City then requested and was granted a Scope Change and a one year Sunset Date extension for the project. The re-scoped project will accomplish the same goals, safely and efficiently, for less overall cost, in partnership with the other agencies and with greater community support. The vision for the re-scoped project stems from the County's "France Avenue Corridor Study" completed in 2009. Intersection enhancements such as; median refuge island, accessible pedestrian signals, pedestrian warning signs, enhanced pedestrian corner treatments, landscaping (urban design) etc., will be provided at three primary intersections along France Avenue. 66th Street: This proposed crossing would provide access to; medical buildings, Southdale Center, Aquatic Center, Rosland Park, TLC Bike Boulevard project, and access to transit. 70th Street: This proposed crossing would continue the complete street project recently constructed west of France Avenue. It would serve primarily single family neighborhoods, The Galleria, Target, Promenade, Southclale Library, Hennepin County Government Center, and access to transit. 76th Street: This proposed crossing would serve primarily multi-family housing and connect to Centennial Lakes Park, Promenade, Three Rivers Park District Nine mile trail in Richfield, Edinborough Park, medical facilities, and access to transit. ENGINEERING DEPARTMENT 7450 Metro Boulevard 0 Edina, Minnesota 55439 ivww.EdinaMN.gov 0 952-826-0371 0 Fax 952-826-0392 Other Improvements: Three Rivers Park District (TRPD) is also planning improvements to Gallagher Drive. Although this intersection will be improved by TRPD the proposed crossing will serve the future planned regional trail, Promenade, multi-family housing, and access to transit. In addition to the intersection enhancements the proposed project will provide missing sidewalk connections insuring that all areas on both sides of France Avenue have an opportunity to access one of the planned crossing locations. Stakeholders: The City has worked with several agencies during the preliminary studies, concept development and the proposed re-scoping of the project since the original TE application was submitted and approved. These agencies have included: o Hennepin County Community Works o Hennepin County Transportation o Three Rivers Park District o Transit for Livable Communities o Metro Transit The City is now beginning the process of gathering input and developing a final layout for the proposed intersection enhancement improvements. You have been identified as a key stakeholder in the project and we are requesting your assistance in developing the final layout. Meeting Agenda and Save the Dates: The meeting will consist of a presentation on the project background/history, project goals and expectations and potential options. The presentation will be followed by a brainstorming session on stakeholder thoughts and ideas. Upcoming dates to be aware of: 0 Stakeholder Meeting No. 2 June 26, 7:00 PM 0 Special Meeting of the Edina Transportation Commission July 9, 7:00 PM 0 Edina City Council Meeting July 17, 7:00 PM If you are unable to attend and would like more information on the project, please feel free to call Charles Rickart with WSB & Associates, Inc. at 763-287-7183 or myself at 952-826-0443. Sincerely, Wayne Houle, P.E. Director of Engineering G:\PW\CENTRAL SVCS \BRIDGES \ France Avenue Pedestrian Bridge\France Intersections\ 20120521 Stakeholder MIg #1 Notice.docx January 15, 2013 Mr. Carl Bowman Manager, Office Services & Administration Nash Finch Company 7600 France Avenue South Edina, MN 55435 RE: Easements for France Avenue Pedestrian Project Dear Mr. Bowman: Attached is the easement package for the pedestrian safety improvements along France Avenue. Due to the federal participation in this project the City is committed to submitting all required documentation to Minnesota Department of Transportation by March 31; therefore we request that the easement be executed by March 1, see attached proposed permanent and temporary easements. We are not anticipating any special assessments or any costs to the property owners to complete this project. The City is requesting that all required easements be donated as a partnership with the adjoining commercial properties; I thank you for considering this donation. As a partially federal funded project you do have a right to have an appraisal of the donated easement, please notify me as soon as possible if you would like an appraisal. We are anticipating the final drawings to be completed by February 4, which we will send you a copy. Some highlights of the project include: O Improved crosswalks — this includes removal of the "free" right turns and narrowing of the travel lanes; this will reduce the pedestrian distance across the intersection. O Widening of the sidewalks adjacent to intersection and provide boulevard areas. The boulevard areas will be vegetated; these areas including the sidewalk will be maintained by the City. O The City will relocate the steps to the intersection; we need to work with you to find an enhanced location so that we can accommodate the pedestrians from your facility. EDINA PUBLIC WORKS & PARK MAINTENANCE FACILITY 7450 Metro Boulevard o Edina, Minnesota 55439 tvivw.EclinaMN.gov 952-826-0376 o Fax 952-826-0392 Page 2 Nash Finch Easements January 15, 2013 • This project will provide a template to be used for future projects along the westerly side of France Avenue that will include larger sidewalks with larger vegetated boulevards. Please review the attached easements and return the signed easements to me. Please contact me if you have any questions relating to these easements or this project. Sincerely, Wayne D. Houle, PE Director of Engineering Office Phone: 952-826-0443 Email: whoule@edinamn.gov Enclosures: o Feasibility Study o Draft Plan o 4- Original Easements (need all four returned) o 3- Copies of easement sketches G:\ PW \CENTRAL SVCS \ ENG DIV \PROJECTS \IMPR NOS \ BA404 France Ave Inlerseclion Enhancements \ ADMIN \ LEGAL \ Easemonls \Parcel 11\20130115 WH- Edina la CB.Nash Finch Parcel 11.doc I hereby certify that this feasibility study was prepared by me or under my direct supervision, and that I am a duly Registered Pro$essional Engineer under the laws of the State of Minnesota. ; ,gde 26082 07/27;12 Charles Rickert, Pr Reg No. Dale // (.,-6"4"."..,/ .../0"arle.f. 4 7/ / App roved ?-.7/ I , Ware b. Houle, PE Dale City Engineer F FAS [_111 UTY STJ FRANCE AVENUE INTERSECTION ENHANCEMENTS IMPROVEMENT NO. BA 404 RevcIl Jully 27, 2012 ENIGNEERIING DEPARTMENT CIITY OF!-E-DNA (reserved for recording information) GRANT OF PERMANENT AND TEMPORARY EASEMENTS NASH-FINCH COMPANY, a Delaware corporation, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF EDINA, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter refened to as the "City", its successors and assigns, the following easements: 1. A permanent easement for public sidewalk and utility purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as legally described on the attached Exhibits "A" and "B", including the rights of the City, its contractors, agents, servants, and assigns, to enter upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public sidewalk and utility systems over, across, on, under, and through the permanent easement premises, together with the right to grade, level, fill, drain and excavate the permanent easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public sidewalk and utility easements. 2. A temporary construction easement over, across, on, under, and through the land 168078v1 1 situated in the County of Hennepin, State of Minnesota, as legally described on the attached Exhibits "A" and "B". To have and to hold the same, unto the City, its contractors, agents, servants and assigns, commencing upon execution of this document and expiring December 31, 2013, together with the right of ingress to and egress from the temporary easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns. Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described temporary easement premises, subject only to the right of the City to use the same for the purposes herein expressed. As a condition of said temporary construction easement grant, the City shall, upon completion of construction and prior to termination, restore the ground surface of the temporary construction easement premises to its original condition so far as is reasonably practicable with the exception of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of earth, other materials, trees and other vegetation. The above named Grantor, for itself, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easements to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. 168078v1 2 168078v1 3 IN TESTIMONY VVILEREOF, the Grantor hereto has signed this agreement this day of , 20 . GRANTOR: NASH-FINCH COMPANY By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20 , by , the of Nash-Finch Company, a Delaware corporation, on behalf of said corporation, Grantor. NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Cmporation Center Curve Eagan, Minnesota 55121 Telephone: 651452-5000 RNK/cjli EXHIBIT "A" Parcel 11 Legal Description: Lot 1, Block 1, Edina Office Center, Hennepin County, Minnesota. EXHIBIT "B" Easement Descriptions: A permanent sidewalk and utility easement over, under, and across Lot 1, Block 1, Edina Office Center, as is on file and of record in the Office of the County Recorder, in and for Hennepin County, Minnesota which lies westerly of Hennepin County permanent highway easement line as described in document number 2189613, westerly of the east line of said Lot 1 and easterly of Line A to be hereinafter described: Commencing at the southeast corner of said Lot 1; thence North 00 degrees 44 minutes 41 seconds West, assumed bearing along the east line thereof, 344.05 feet to the point of beginning of said Line A, thence northwesterly along a non-tangential curve, concave to the northeast for 26.84 feet, having a radius of 51.00 feet, central angle of 30 degrees 31 minutes 05 seconds, chord bearing of North 16 degrees 00 minutes 53 seconds West and chord distance of 26.84 feet; thence North 00 degrees 45 minutes 20 seconds West, tangent to last described curve, 146.80 feet to said Hennepin County permanent highway easement line and there terminating. AND A permanent sidewalk and utility easement over, under, and across said Lot 1, which lies southerly of said Hennepin County permanent highway easement line and northerly of Line B to be hereinafter described; Commencing at the termination of said Line A; thence North 43 degrees 47 minutes 36 seconds West, 62.87 feet to a point on said Hennepin County permanent highway easement line and the point of beginning of Line B; thence North 89 degrees 52 minutes 54 seconds West, 187.03 feet; thence westerly along a tangential curve, concave to the north, having a radius of 58.00 feet, central angle of 30 degrees 18 minutes 55 seconds, 30.69 feet to said Hennepin County permanent highway easement line and there terminating. AND ALSO A temporary construction easement across said Lot 1, which lies westerly of the east line of said Lot 1, westerly of said Hennepin County permanent highway easement line, westerly of said Line A and easterly of a line parallel to and distant 3.00 feet westerly of said Line A. Said parallel line shall extend northerly to its intersection with said Hennepin County permanent highway easement line and southerly to its intersection with the east line of said Lot 1. AND A temporary construction easement across said Lot 1, which lies southerly of said Hennepin County permanent highway easement line, southerly of said Line B and northerly of the following described line; commencing at the termination of said Line B; thence North 85 degree 24 minutes 09 seconds West, along said Hennepin County permanent highway easement line, 6.28 feet to the point of beginning of said line to be hereinafter described; thence southeasterly along a non-tangential curve, concave to the north for 30.69 feet, having a radius of 58.00 feet, 168078v1 4 central angle of 30 degrees 18 minutes 55 seconds, chord bearing of South 74 degrees 43 minutes 27 seconds East and a chord distance of 30.33 feet; thence South 89 degrees 52 minutes 54 seconds East, 145.00 feet; thence South 00 degrees 07 minutes 06 seconds West, 3.00 feet; thence South 89 degrees 52 minutes 54 seconds East, 54.35 feet to Hennepin County permanent highway easement line and there terminating. Said temporary easements shall expire on: December 31, 2013. 168078v1 5 \— t--- - - ,____ 76TH STREET W Art s • • 4% . 1,,/ ;7:4.721"1.n!:::E:1,1:,#.9.1.;:Rre r elks' 3. 00 4:e..A '''''— 300•07 • 00.0 .14 ' 0.3127, .4.4 LINEA GS-' 7007£ 1 . I \G'-c- 0 "T. — Ilk t..._. -.. s I PARCEL 11 PID #31-028-24-44-0010 7; r)kr. 71EAN£77,1 COUNT /DOC 1,0. 1 , > < 1 CC U. I II n '1-50 100 SECO. LOfl ! TJ 6.. PROPOSED PERMANENT EASEMENT AREA . 2,011 sq ft ,.,,.:;.n::.,1,s1c, ..„..\\,..\:71 ,1742:27.1771E4ORARY CONSTRUC110N 2 EASEMENT France Avenue Improvements '0,---417, 8' ED CI 7 1....- ''''..r.' VVS8 Nat No. 1688.300 Date: D/20/12 Parcel No. 1 1 A 701 Xeole Avenue South, Suite 300 WSB Minnespoes , MN 55416 www wsbsng.tom Easement Parcel Sketch di City of Edina, Minnesota £,Lugeknel In, 7334434ECO i 73163143:0 INRA FSIAUCTURE , ENGINES. . NAVONO , CONSTRUCI1ON France Avenue Pedestrian Enhancement Project SP 120-020-037 Easement Communication Log Parcel 11 Parcel Number 11 Property Nash Finch Address 7600 France Avenue Communications Date Type Email Phone Notes 2/4/2013 n Carl Bowman 2/25/2013u Carl Bowman 3/8/2013 x John &miter 3/18/2013 x Andrea McDowell Poehler 3/18/2013 u Andrea McDowell Poehler 3/18/2013 x Andrea McDowell Poehler 3/18/2013 u Andrea McDowell Poehler 3/19/2013 x Andrea McDowell Poehler 3/19/2013 x Andrea McDowell Poehler 3/20/2013 x Andrea McDowell Poehler 3/20/2013 o Andrea McDowell Poehler 3/20/2013 x Andrea McDowell Poehler 3/20/2013 x Andrea McDowell Poehler WAIVER OF COMPENSATION (DONATION) S.P./S.A.P. No. SP 120-020-037 Parcel No. 11 PID #31-028-24-44-0010 Owner Nash-Finch ComPanY Address 7600 France Avenue, Edina MN Wayne D. Houle, PE Director of Engineering City of Edina 7450 Metro Boulevard Edina, MN 55439 Dear Mr. Houle: We are fully aware of the City's need to acquire an easement from our property for the above pedestrian enhancement project. I am also aware of my right to have the City appraise the property and of my right to receive just compensation. We have decided to donate the easements required from my property. We hereby waive our right to have our property appraised and waive our right to receive just compensation. It is our understanding that the City agrees that shall not impose any special assessments against Grantor's property for the France Avenue Intersection Improvement Project approved under City of Edina Resolution No. 2012-103. Sincerely, 044,10 Nash-Finch Company (reserved for recording information) GRANT OF PERMANENT AND TEMPORARY EASEMENTS NASH-FINCH COMPANY, a Delaware corporation, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF EDINA, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, the following easements: 1. A permanent easement ("Permanent Easement") for public sidewalk and utility purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as legally described on the attached Exhibits "A" and "B", including the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public sidewalk and utility systems over, across, on, under, and through the Permanent Easement premises, together with the right to grade, level, fill, drain and excavate the Permanent Easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public sidewalk and utility easements. Grantor 168078v4 1 reserves all rights within the Permanent Easement premises not inconsistent with the rights of the City herein. 2. A temporary construction easement ("Temporary Easement" and together with the Permanent Easement, the "Easements") over, across, on, under, and through the land situated in the County of Hennepin, State of Minnesota, as legally described on the attached Exhibits "A" and "B". To have and to hold the same, unto the City, its contractors, agents, servants and assigns, commencing upon execution of this document and expiring December 31, 2013, together with the right of ingress to and egress from the Temporary Easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns. Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described Temporary Easement premises, subject only to the right of the City to use the same for the purposes herein expressed. As a condition of said temporary construction easement grant, the City shall, upon completion of construction and prior to termination, restore the ground surface of the temporary construction easement premises to its original condition so far as is reasonably practicable with the exception of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of earth, other materials, trees and other vegetation. 3. Any and all cuts, fills, excavations or embankments necessary in the construction, maintenance or future alteration of any City improvement within the Permanent Easement premises shall be made and maintained to provide adequate drainage of and from the property "Property") owned by Grantor. 4. City shall use the Easements only as necessary for the purpose described above, and shall use its best efforts not to interfere with Grantor's use and enjoyment of the Property and to provide Grantor with adequate notice of construction within the Easements. City shall not 168078v4 2 (i) block or in any way restrict access to or from the Property, except when necessary to perform the work identified Paragraph 1 of this Easement Agreement, during such time the City will ensure that only one-half of the access will by under construction at a time or an alternate access will be made available; or (ii) otherwise cause Grantor's operations on the Property to be interfered, with or interrupted. City shall keep the Property free and clear of debris at all times and shall not use the Property for the storage of material. 5. The City shall defend, indemnify and hold harmless Grantor, its directors, officers, employees (collectively "Grantor") and agents from and against any and all claims, demands, judgments, lawsuits, costs and expenses arising from or growing out of the entry upon, construction, use or occupancy of the property subject to the Easements, excluding intentional or negligent acts by Grantor. 6. If the City, its contractors, subcontractors, or agents damage or destroy any of the Property or any personal property of Grantor or others as a result of construction, installation or maintenance of the improvements to be constructed by City, such damage or destruction shall be corrected by City in the event the responsible party fails to repair, restore or otherwise remedy the damage or destruction. 7. The above named Grantor does not warrant its title to the property subject to these Easements, nor undertake to defend City in its use, and the grant made by the Easements is subject to all outstanding rights or interest of others, including, but not limited to utility easements. Grantor does warrant that it does have the corporate authority to issue these Easements and has passed all necessary corporate resolutions authorizing these Easements. 8. The City and Grantor acknowledge and agree that (a) the City has undertaken to construct certain improvements to the right-of-way abutting Grantor's Property, known as the France Avenue Intersection Improvements, authorized by City of Edina Resolution No. 2012-103 168078v4 3 (the "Project"), which Project will confer a special benefit on Grantor's Property for which the City would have authority to levy a special assessment against the Grantor's Property pursuant to Minnesota Statutes Section 429, (b) the Project is a public improvement for which the City would have authority to acquire the easement premises for just compensation by eminent domain under Minnesota Statutes Chapter 117, and (c) in lieu of requiring the City to impose such special assessments and acquire the property by eminent domain, City and Grantor agree that Grantor has executed and delivered this Grant of Permanent and Temporary Easement in consideration for City's agreement to construction the Project, and in consideration for such grant by Grantor, the City agrees that City shall construct the Project and City shall not impose any special assessments against Grantor's property for the Project. 9. The City has prepared the legal descriptions identified as the Easements and the City represents and warrants that the legal descriptions match the color coded site plan (also prepared by the City) (of WSB 86 Associates, Inc. noted as WSB Project No. 1686-300 dated 11/20/12 incorporated here by reference) of the described Easements, 10. Nothing provided in these Easements shall be construed to be a grant or conveyance by Grantor to the City of any kind of property right or easement except within the area legally describing the property subject to the Easements. [Signature Pages Follow] 168078v4 4 IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this day of , GRANTOR: NASH-FINCH COMPANY Its: V jO 1-re d STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 9- day of Rel.reiN , 200 , by '-'?..010 e.44 , the aiRef-O 41-ria-sy_(e-e- of Nash-Finch Company, a Delaware corporation, on behalf of said corporation, Grantor. NOTAR PUBLIC By: )ss. ••, • • ROBYN *1. JESSEN COMM. #31014672 Notary Public State of Minnesota My Commission Expires 1/31016 168078v4 5 q(*-- ofilaregoing in ment was acknowledged before me this ( day of , 2O(, by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. c fee NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 RNK/cjh SHARON M. ALLISON NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2015 168078v2 5 EXIIII3IT "A" Parcel 11 Legal Description: Lot 1, Block 1, Edina Office Center, Hennepin County, Minnesota. EXHIBIT "B" Easement Descriptions: A permanent sidewalk and utility easement over, under, and across Lot 1, Block 1, Edina Office Center, as is on file and of record in the Office of the County Recorder, in and for Hennepin County, Minnesota which lies westerly of Hennepin County permanent highway easement line as described in document number 2189613, westerly of the east line of said Lot 1 and easterly of Line A to be hereinafter described: Commencing at the southeast corner of said Lot 1; thence North 00 degrees 44 minutes 41 seconds West, assumed bearing along the east line thereof, 344.05 feet to the point of beginning of said Line A, thence northwesterly along a non-tangential curve, concave to the northeast for 26.84 feet, having a radius of 51.00 feet, central angle of 30 degrees 31 minutes 05 seconds, chord bearing of North 16 degrees 00 minutes 53 seconds West and chord distance of 26.84 feet; thence North 00 degrees 45 minutes 20 seconds West, tangent to last described curve, 146.80 feet to said Hennepin County permanent highway easement line and there terminating. AND A permanent sidewalk and utility easement over, under, and across said Lot 1, which lies southerly of said Hennepin County permanent highway easement line and northerly of Line B to be hereinafter described; Commencing at the termination of said Line A; thence North 43 degrees 47 minutes 36 seconds West, 62.87 feet to a point on said Hennepin County permanent highway easement line and the point of beginning of Line B; thence North 89 degrees 52 minutes 54 seconds West, 187.03 feet; thence westerly along a tangential curve, concave to the north, having a radius of 58.00 feet, central angle of 30 degrees 18 minutes 55 seconds, 30.69 feet to said Hennepin County permanent highway easement line and there terminating. AND ALSO A temporary construction easement across said Lot 1, which lies westerly of the east line of said Lot 1, westerly of said Hennepin County permanent highway easement line, westerly of said Line A and easterly of a line parallel to and distant 3.00 feet westerly of said Line A. Said parallel line shall extend northerly to its intersection with said Hennepin County permanent highway easement line and southerly to its intersection with the east line of said Lot 1. AND A temporary construction easement across said Lot 1, which lies southerly of said Hennepin County permanent highway easement line, southerly of said Line B and northerly of the following described line; commencing at the termination of said Line 13; thence North 85 degree 24 minutes 09 seconds West, along said Hennepin County permanent highway easement line, 6.28 feet to the point of beginning of said line to be hereinafter described; thence southeasterly along a non-tangential curve, concave to the north for 30.69 feet, having a radius of 58.00 feet, 168078v4 central angle of 30 degrees 18 minutes 55 seconds, chord bearing of South 74 degrees 43 minutes 27 seconds East and a chord distance of 30.33 feet; thence South 89 degrees 52 minutes 54 seconds East, 145.00 feet; thence South 00 degrees 07 minutes 06 seconds West, 3.00 feet; thence South 89 degrees 52 minutes 54 seconds East, 54.35 feet to Hennepin County permanent highway easement line and there terminating. Said temporary easements shall expire on: December 31, 2013. 168078v4