Public Notices April 1, 2018 East Side Review - CONDEMNATION PETITION

Public Notices, Foreclosure Notices & Legal Notices published April 1, 2018 in the East Side Review covering the East Side communities of St. Paul.

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 STATE OF MINNESOTA

COUNTY OF DAKOTA

DISTRICT COURT

FIRST JUDICIAL DISTRICT

COURT FILE No. 19HA-CV-18-1122

Case Type: Condemnation

CONDEMNATION PETITION 

City of Inver Grove Heights, a Minnesota municipal corporation, 

Petitioner, 

v. 

Robert M. Dalsin and Barbara D. Dalsin, husband and wife; U.S. Bank National, a national banking association; U.S. Home Corporation, a Delaware corporation; State of Minnesota; County of Dakota; Marylin L. Murphy, single person; Source Land Capital, LLC, a Minnesota limited liability company; Bradley J. Lojovich and Lisa J. Lojovich, husband and wife; The Dakota County Housing and Redevelopment Authority, a body corporate and politic; Wells Fargo Bank, N.A., organized and existing under the laws of the United States of America; William P. Nichols and Cynthia Nichols, husband and wife; Bruce A. Tiemann and Roberta Tiemann, husband and wife; Thomas L. Peltier, a single person; Thomas C. Lund and Deborah L. Lund, husband and wife; Sprint Spectrum L.P., a Delaware limited partnership; STC Five LLC, a Delaware limited liability company; Global Signal Acquisitions II LLC, a Delaware limited liability company; Clyde Wille and Sandra Wille, husband and wife; and all other parties unknown having any right, title or interest in the property described in Petitioner’s Petition, together with the unknown heirs or devisees, if any, of the parties that may be deceased, and including unknown spouses, if any, and all others claiming any interest in the property described in Petitioner’s Petition, 

Respondents.

IN THE MATTER OF CONDEMNATION OF REAL PROPERTY EASEMENTS LOCATED IN THE CITY OF INVER GROVE HEIGHTS, COUNTY OF DAKOTA, MINNESOTA, AS REQUIRED FOR THE TRUNK HIGHWAY 3 INTERSECTION IMPROVEMENTS FOR THE 65TH STREET PROJECT – CITY PROJECT NO. 2017-24 AND FOR THE INSTALLATION OF TRUNK WATERMAIN IN THE NWA AREA OF THE CITY ON 65TH STREET BETWEEN TRUNK HIGHWAY 3 AND ARGENTA TRAIL – CITY PROJECT NO. 2017-03 

TO THE ABOVE NAMED COURT: 

Petitioner respectfully represents and states to the Court:

I. 

That Petitioner is a city duly organized, created and existing under and by virtue of the laws of the State of Minnesota and is located in Dakota County, Minnesota.

II. 

That Petitioner is a statutory city pursuant to Minnesota Statutes, Chapter 412, and derives its authority pursuant to Minnesota Statutes, Chapters 412 and 440 to acquire by condemnation any and all land or property and any rights and easements required for public streets and highways. Petitioner further derives its authority pursuant to Minnesota Statutes, Chapters 444, 429, and 412 to build, construct, reconstruct, repair, enlarge, improve or in any other manner obtain water and sanitary sewer systems and may acquire by condemnation any and all land or property and any rights and easements required for such water and sanitary sewer systems.

III. 

That in the exercise of its governmental powers as a statutory city and as a political subdivision of the State of Minnesota, Petitioner desires to acquire permanent public street, roadway, highway and/or right-of-way easements, as well as permanent retaining wall, ponding, stormwater ponding, drainage and utility easements and temporary construction easements over, under, across and through certain property necessary for public purposes to facilitate the City of Inver Grove Heights 65th Street Project – City Project No. 2017-24 and the NWA Area Trunk Watermain Improvements On 65th Street Between Highway 3 and Argenta Trail – City Project No. 2017-03 (the “Project”). The Project includes the construction of roadway and drainage improvements to accommodate a new intersection at Trunk Highway 3 and the future 65th Street, as well as the installation of trunk watermain, including hydrant/valves, jacking casing, restoration and appurtenances. 

More specifically, Project No. 2017-24 provides for the construction of a fully functional intersection at Trunk Highway 3, including a minor-approach stop control and the necessary roadway drainage system to accommodate the future design of the 65th Street improvements. In addition, Project No. 2017-03 provides for the construction of trunk watermain under 65th Street to complete the final segment of trunk watermain to loop the Northwest Area system. 

IV. 

That Minnesota Statutes § 117.042 provides Petitioner with the authority to gain title and possession to all the permanent public street, roadway, highway and/or right-of way easements, and all permanent retaining wall, ponding, stormwater ponding, drainage and utility easements and temporary construction, slope and grading easements parcels following a 90-day notice period. This statute is commonly referred to as the “quick take” statute. If a condemning authority does not utilize the “quick take” statute, the title and right of possession to the various permanent public street, roadway, highway and/or right-of-way easements, and all permanent retaining wall, ponding, stormwater ponding, drainage and easements and temporary construction, slope and grading easement parcels would only transfer to Petitioner following the settlement of each parcel valuation case which can extend over a multi-year period. Petitioner would be unable to advertise, receive bids and award a single construction contract for the Project unless it utilizes the “quick take” statute. The 90-day “quick take” procedure must be utilized: a) to allow Petitioner to award a single and reasonably economical construction contract for the Project; b) to meet the Project construction schedule and avoid the need for extended temporary construction easement taking; and c) to coordinate the construction of the Project timing with the upcoming 65th Street Improvement Project (City Project No. 2015-13). 

V. 

The City Council of the City of Inver Grove Heights has duly adopted Resolution No. 2018-50 determining that it is necessary to acquire the permanent public street, roadway, highway and/or right-of-way easements, and all permanent retaining wall, ponding, storwater ponding, drainage and utility easements and temporary construction, slope and grading easements described in EXHIBIT A attached hereto and made a part hereof, pursuant to Minnesota Statutes, § 117.042 (the “quick take” statute). Said Resolution also approved the Petitioner’s appraised values of the permanent public street, roadway, highway and/or right-of-way, and all permanent retaining wall, ponding, stormwater ponding, drainage and utility easements and temporary construction, slope and grading easements described in the attached EXHIBIT A.

VI

That it is the intention of Petitioner to proceed under Minnesota Statutes, Chapter 117, to take title and possession of the permanent public street, roadway, highway and/or right-of-way easements, and all permanent retaining wall, ponding, stormwater ponding, drainage and utility easements and temporary construction, slope and grading easements required for the Project pursuant to the “quick take” provision of Minnesota Statutes, § 117.042.

VII. 

That Petitioner was assisted by its property acquisition consultant for the direct purchase of the permanent public street, roadway, highway and/or right-of-way, and all permanent retaining wall, ponding, stormwater ponding, drainage and utility easements and temporary construction, slope and grading easements required for the Project. Petitioner has been unable to negotiate a direct purchase settlement of the easement parcels shown in the attached EXHIBIT A. 

In 2006, the State of Minnesota enacted various eminent domain reforms including an amendment to Minn. Stat. § 117.036 which: a) requires Petitioner to provide the property owner with a copy of the Petitioner’s appraisal and inform the property owner of the right to obtain an appraisal and receive reimbursement of appraisal costs pursuant to § 117.036, b) requires reimbursement of a property owner’s appraisal costs up to $1,500 for single family and two-family residential property and minimum damage acquisitions (i.e. appraised damages of $10,000 or less) and $5,000 for other types of property, and c) requires good faith negotiations which include a good faith attempt to negotiate personally with the property owner. Petitioner has complied with the statutory appraisal copy disclosure, notice of property owner appraisal rights, appraisal cost reimbursement, and good faith negotiation requirements of Minn. Stat. §117.036.

VIII. 

That the acquisition of property rights by a municipality utilizing its power of eminent domain is commonly referred to as a “taking” (as referenced below in Minn. Stat. §117.055). Please note, however, that the municipality must also pay just compensation for the “taking” of the property rights for a public use or purpose. 

Minn. Stat. §117.055, Subd. 2(b) specifically states that: 

(1) a party wishing to challenge the public use or public purposes, necessity, or authority for a taking must appear at the court hearing and state the objection or must appeal within 60 days of a court order; and 

(2) the court order approving the public use or public purpose, necessity, and authority for the taking is final unless an appeal is brought within 60 days after service of the order on the party.

IX

That the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, stormwater ponding, drainage and utility easements and temporary construction, slope and grading easements to be taken herein by eminent domain proceedings are in the City of Inver Grove Heights, Dakota County, Minnesota and described in the attached EXHIBIT A. The names of all persons appearing of record or known to your Petitioner to be the owners of the lands or claiming interest thereon are also stated in the attached EXHIBIT A.

X. 

Petitioner reserves the right to recover costs of testing and cleanup and all other damages resulting from the presence of pollutants, contaminants or hazardous materials on the property described in the Petition from all responsible parties in a separate legal action. Petitioner further requests that if tests or evaluations undertaken by or on behalf of Petitioner indicate the presence of pollutants, contaminants or hazardous materials on said properties, requiring that the condemnation commission awards be conditioned on the right of Petitioner to bring a separate legal action to recover cleanup and testing costs and other recoverable damages. 

WHEREFORE, Petitioner prays: 

(a) that such proceedings may be had herein provided by law; 

(b) that it be adjudged that the taking by eminent domain proceedings is necessary and authorized by law; 

(c) that the purpose for which the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, stormwater ponding, drainage and utility easements and temporary construction, slope and grading easements proposed to be taken is for a public project and for public use; 

(d) that transfer of title and possession of the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, stormwater ponding, drainage and utility easements and temporary construction, slope and grading easements be ordered pursuant to Minnesota Statutes, § 117.042; 

(e) that the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, stormwater ponding, drainage and utility easement rights granted are forever and shall include, but are not limited to, the construction, operation, maintenance, inspection, repair and replacement of any public street, roadway, highway, and/or right-of-way easements, and the permanent retaining wall, ponding, stormwater ponding, drainage and utility improvements, underground pipes, conduits, other utilities and mains, and all facilities and improvements ancillary, incident or related thereto, under, over, across, through and upon the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, stormwater ponding, drainage and utility easement areas; 

(f) that the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, storwater ponding, drainage and utility easement rights of the City shall also include the right of the City, its contractors, agents and servants: 

(1) to enter upon the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, stormwater ponding, drainage and utility easement areas at all reasonable times for the purposes of construction, operation, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, stormwater ponding, drainage and utility easements; and 

(2) to maintain the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, stormwater ponding, drainage and utility easement areas, any City improvements and any underground pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the location of drainage and utility improvements; and 

(3) to remove from the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, stormwater ponding, drainage and utility easement areas trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the pipes, conduits, or mains and to deposit earthen material in and upon the permanent public street, roadway, highway and/ or right-of-way easements, and the permanent retaining wall, ponding, stormwater ponding, drainage and utility easement areas; and 

(4) to remove or otherwise dispose of all earth or other material excavated from the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, stormwater ponding, drainage and utility easement areas as the City may deem appropriate; 

(g) that the temporary construction, slope and grading easement rights of the City also include the right of the City, its contractors, agents and servants: 

(1) to enter upon the temporary construction, slope and grading easement areas during the term of their existence for the purposes of construction, operation, inspection, grading, sloping, and restoration relating to the purposes of the temporary construction, slope and grading easements; and 

(2) to maintain the temporary construction, slope and grading easement areas during the term of their existence, together with the right to excavate and refill ditches or trenches for the location of improvements; and 

(3) to remove from the temporary construction, slope and grading easement areas during the term of their existence trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location of improvements; and 

(4) to remove or otherwise dispose of all earth or other material excavated from the temporary construction, slope and grading easement areas during the term of their existence as the City may deem appropriate; 

(h) that three competent and impartial persons be appointed as commissioners to ascertain and report the amount of damages that will be sustained by the several owners or persons interested on account of the above described taking; 

(i) that the time and place of the first meeting and the compensation of the said commissioners be fixed; 

(j) that Petitioner be reserved the right to recover costs of testing and cleanup and all other damages resulting from the presence of pollutants, contaminants or hazardous materials on the property described in this Petition, from all responsible parties in a separate legal action. Further, should tests or evaluations undertaken by or on behalf of Petitioner indicate the presence of pollutants, contaminants or hazardous materials on said properties, requiring that the condemnation commission awards be conditioned on the right of Petitioner to bring a separate legal action to recover cleanup and testing costs and other recoverable damages; and 

(k) that such further and other orders be made herein pursuant to Minnesota Statutes, Chapter 117, and provided in such case. 

Dated: March 15, 2018 

LeVANDER, GILLEN & MILLER, P.A.

/s/ Tona T. Dove

Timothy J. Kuntz, Lic. No. 58993

Jay P. Karlovich, Lic. No. 247650

Tona T. Dove, Lic. No. 0232130

633 South Concord Street, Suite 400

South St. Paul, MN 55075

(651) 451-1831

Attorneys for Petitioner

ACKNOWLEDGMENT 

The party above-named represented by the undersigned, hereby acknowledges that sanctions may be imposed pursuant to Minnesota Statutes, § 549.211.

/s/ Tona T. Dove 

Parcel 1 (“Dalsin”) - PID: 20-84500-01-010

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

Lot 1, Block 1, Windwood Addition, Dakota County, Minnesota. 

Abstract Property

Parcel 1 (“Dalsin”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Description of Permanent Public Street, Roadway, Highway, and/or Right-of-Way Easement 

A permanent easement for public street, roadway, highway, and/or right-or-way purposes over, under, and across a portion of the Landowner’s Property, being described as the North 10.00 feet of Lot 1, Block 1, Windwood Addition, Dakota County, Minnesota. 

Description of Permanent Retaining Wall, Drainage and Utility Easement 

A 10.00 foot permanent easement for retaining wall, drainage and utility purposes over, under, and across a portion of the Landowner’s Property, being described as the South 10.00 feet of the North 20.00 feet of Lot 1, Block 1, Windwood Addition, Dakota County, Minnesota, excepting therefrom the West and East 10.00 feet of said Lot 1. 

Description of Permanent Drainage, Utility, and Stormwater Ponding Easement 

A permanent easement for drainage, utility, and stormwater ponding purposes over, under, and across a portion of the Landowner’s Property, described as follows: Commencing at the Southeast Corner of Lot 1, Block 1, Windwood Addition Dakota County, Minnesota; thence North 00 degrees 56 minutes 25 seconds West, assumed bearing, along the east line thereof, 312.73 feet; thence North 59 degrees 11 minutes 14 seconds West, 11.76 feet to the drainage and utility easement as shown on said Lot 1 and the point of beginning of the easement to be described; thence continue North 59 degrees 11 minutes 14 seconds West, 77.15 feet; thence South 89 degrees 03 minutes 35 seconds West, 119.40 feet; thence South 00 degrees 56 minutes 25 seconds East, 192.06 feet; thence South 82 degrees 34 minutes 23 seconds East, 186.99 feet to said drainage and utility easement; thence North 00 degrees 56 minutes 25 seconds West, along said drainage and utility easement, 178.67 feet to the point of beginning. 

Description of Temporary Construction Easement 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying southerly of a line parallel to and 20.00 feet south of the north line of Lot 1, Block 1 Windwood Addition, Dakota County, Minnesota, westerly of a line parallel to and 10.00 feet west of the west line of said Lot 1, and northerly and easterly of the following described line: Commencing at the Northeast Corner of said Lot 1; thence South 00 degrees 56 minutes 25 seconds East, assumed bearing along the east line thereof, 347.94 feet; thence South 89 degrees 03 minutes 35 seconds West, 10.00 feet to a line parallel with and 10.00 feet west of the east line of said Lot 1, and the point of beginning of said line to be described; thence continue South 89 degrees 03 minutes 35 seconds West, 10.00 feet; thence North 00 degrees 56 minutes 25 seconds West, 313.17 feet; thence South 89 degrees 44 minutes 12 seconds West, 282.99 feet; thence North 00 degrees 15 minutes 48 seconds West, 15.00 feet to a line parallel to and 20.00 feet south of the north line of said Lot 1 and there terminating. 

Parcel 2 (“Murphy/Source Land Capital, LLC”) - PID: 20-00600-04-010

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

The South Half of the South Half of the East Half of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota, EXCEPT the East 263.70 feet of the West 516.70 feet of the North 330.38 feet of the South Half of the South Half of the East Half of the Northeast Quarter of said Section 6, together with an easement for ingress over a strip of land 15 feet on each side of the following described line: Beginning at a point 16.2 feet North of the Southeast corner of the above described tract; thence deflect Southeasterly 40 degrees 37 minutes for a distance of 220.7 feet; thence deflect right 88 degrees 57 minutes for a distance of 67.5 feet; thence deflect left 70 degrees 37 minutes for a distance of 82.5 feet more or less to the present farm entrance driveway, and together with an easement for ingress over the present farm entrance driveway Easterly to Robert Street; and Except commencing at a point 45 feet West of the Northeast corner of the South Half of the South half of the East Half of the Northeast Quarter of said Section 6; thence West 208 feet; thence South 208 feet; thence East 208 feet; thence North 208 feet to the point of beginning, together with an easement described as follows: All that part of the Easterly 45 feet of the Northerly 208 feet of the South Half of the South Half of the East Half of the Northeast Quarter of said Section 6 lying Westerly of the street or public highway, for roadway for ingress and egress. 

Abstract Property. 

Parcel 2 (“Murphy/Source Land Capital, LLC”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Description of Permanent Public Street, Roadway, Highway, and/or Right-of-Way Easement 

A permanent easement for public street, roadway, highway, and/or right-or-way purposes over, under, and across a portion of the Landowner’s Property, lying north of the south line of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota, westerly of the westerly Right of Way line of Trunk Highway No. 3, and southerly and easterly of the following described line: Commencing at the Southwest Corner of said Southeast Quarter of the Northeast Quarter; thence North 01 degrees 00 minutes 39 seconds West, assumed bearing along the west line thereof, 50.00 feet to the point of beginning of the line to be described; thence North 89 degrees 44 minutes 12 seconds East, 1289.38 feet, parallel to the south line of said Southeast Quarter of the Northeast Quarter; thence North 00 degrees 56 minutes 23 seconds West, 120.05 feet to said westerly Right of Way line and there terminating. 

Description of Permanent Drainage, Utility and Stormwater Ponding Easement 

A permanent easement for drainage, utility and stormwater ponding purposes over, under, and across a portion of the Landowner’s Property, lying north of the north line of the South 50.00 feet of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota, and westerly, easterly and southerly of the following described line: Commencing at the Southwest Corner of said Southeast Quarter of the Northeast Quarter; thence North 01 degrees 00 minutes 39 seconds West, assumed bearing along the west line thereof, 50.00 feet to the north line of the South 50.00 feet of said Southeast Quarter of the Northeast Quarter; thence North 89 degrees 44 minutes 12 seconds East, along said north line, 1077.93 feet to the point of beginning of the line to be described; thence North 00 degrees 00 minutes 26 seconds West, 21.00 feet; thence North 67 degrees 21 minutes 33 seconds East, 227.19 feet to the west line of the East 50.00 feet of said Southeast Quarter of the Northeast Quarter; thence South 00 degrees 56 minutes 23 seconds West, along said west line, 107.49 feet to the north line of said South 50.00 feet and there terminating. 

Description of Permanent Drainage and Utility Easement 

A 5.00 foot wide permanent easement for drainage and utility purposes over, under, and across a portion of the Landowner’s Property, the centerline is described as follows: Commencing at the Southeast Corner of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the east line thereof, 325.51 feet; thence South 89 degrees 03 minutes 41 seconds West, 60.04 feet to the westerly Right of Way line of Trunk Highway No. 3, and the point of beginning of the centerline to be described; thence continue South 89 degrees 03 minutes 41 seconds West, 35.11 feet and there terminating.

The sidelines of said easement are to be prolonged or shortened to terminated on the westerly Right of Line of Trunk Highway No. 3. 

AND 

A 7.00 foot wide permanent easement for drainage and utility purposes over, under, and across a portion of the Landowner’s Property, the centerline is described as follows: Commencing at the Southeast Corner of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the east line thereof, 494.13 feet; thence South 81 degrees 13 minutes 20 seconds West, 34.58 feet to the westerly Right of Way line of Trunk Highway No. 3, and the point of beginning of the centerline to be described; thence continue South 81 degrees 13 minutes 20 seconds West, 10.86 feet to the west line of the East 45.00 feet of said Southeast Quarter of the Northeast Quarter and there terminating. 

The sidelines of said easement are to be prolonged or shortened to terminated on the westerly Right of Line of Trunk Highway No. 3 and the west line of the East 45.00 feet of said Southeast Quarter of the Northeast Quarter. 

Description of Temporary Construction Easement 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying north of the north line of the South 50.00 feet of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota, and westerly, southerly, and easterly of the following described line: Commencing at the Southwest Corner of said Southeast Quarter of the Northeast Quarter; thence North 01 degrees 00 minutes 39 seconds West, assumed bearing along the west line thereof, 50.00 feet; thence North 89 degrees 44 minutes 12 seconds East, parallel to the south line of said Southeast Quarter of the Northeast Quarter, 1077.93 feet to the point of beginning of the line to be described; thence North 00 degrees 00 minutes 26 seconds West, 53.00 feet; thence South 89 degrees 44 minutes 12 seconds West, 228.71 feet; thence South 00 degrees 03 minutes 24 seconds East, 11.00 feet; thence South 89 degrees 44 minutes 08 seconds West, 184.67 feet; thence South 00 degrees 15 minutes 56 seconds East, 10.00 feet; thence South 89 degrees 44 minutes 12 seconds West, 163.85 feet; thence South 00 degrees 15 minutes 48 seconds East, 32.00 feet to said north line of the South 50.00 feet and there terminating. 

AND 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying north of the north line of the South 50.00 feet of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota and easterly, southerly, and westerly of the following described line: Commencing at the Southwest Corner of said Southeast Quarter of the Northeast Quarter; thence North 01 degrees 00 minutes 39 seconds West, assumed bearing along the west line thereof, 60.01 feet to the point of beginning of the line to be described; thence North 89 degrees 44 minutes 12 seconds East, 52.43 feet; thence North 00 degrees 15 minutes 48 seconds West, 40.00 feet; thence North 89 degrees 44 minutes 12 seconds East, 322.70 feet; thence South 00 degrees 13Parcel 1 (“Dalsin”)DEPICTION OF EASEMENT AREAS14Parcel 2 (“Murphy/Source Land Capital, LLC”)InterestNameAddress and Telephone NumberFee Owner (Contract for Deed Vendor)MarylinL. Murphy, single personMarylin L. Murphy6477 South Robert TrailInver Grove Heights, MN 55077Fee Owner (Contract for Deed Vendee)Source Land Capital, LLC, a Minnesota limited liability companySource Land Capital, LLC18215 45th Avenue North, Suite DPlymouth, MN 55446Easement InterestCounty of DakotaCounty of DakotaAttn: TransportationWestern Services Center14955 Galaxie Ave # 335Apple Valley, MN 55124Easement InterestBradley J. Lojovich and Lisa J. Lojovich, husband and wifeBradley J. Lojovich and Lisa J. Lojovich6385 South Robert TrailInver Grove Heights, MN 55077Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.10EXHIBIT AParcel 1 (“Dalsin”)InterestNameAddress and Telephone NumberFee OwnerRobert M. Dalsin and BarbaraD.Dalsin, husband and wifeRobert Dalsin6637 South Robert TrailInver Grove Heights, MN 55077Barbara D. Dalsin6637 South Robert TrailInver Grove Heights, MN 55077MortgageU.S. Bank National Association, a national banking associationU.S. Bank National AssociationAttn: Legal Department800 Nicollet Mall, 21st FloorMinneapolis, MN 55402Easement InterestU.S. Home Corporation, a Delaware CorporationU.S. Home CorporationC T Corporation System Inc.1010 Dale Street NorthSt Paul, MN 55117–5603Easement InterestState of MinnesotaState of MinnesotaMinnesota Attorney General445 Minnesota Street, Suite 1400St. Paul, MN 55101Easement InterestCounty of DakotaCounty of DakotaAttn: TransportationWestern Services Center14955 Galaxie Ave # 335AppleValley, MN 55124Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.

15 minutes 48 seconds East, 50.00 feet to said north line of the South 50.00 feet and there terminating. 

AND 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying westerly of the westerly Right of Way line of Trunk Highway No. 3 and northerly and easterly of the following described line: Commencing at the Southwest Corner of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota; thence North 01 degrees 00 minutes 39 seconds West, assumed bearing along the west line of said Southeast Quarter of the Northeast Quarter, 50.00 feet; thence North 89 degrees 44 minutes 12 seconds East, parallel to the south line of said Southeast Quarter of the Northeast Quarter, 1289.38 feet to the west line of the East 50.00 feet of said Southeast Quarter of the Northeast Quarter; thence North 00 degrees 56 minutes 23 seconds West, along said west line, 107.49 feet to the point of beginning of the line to be described; thence South 67 degrees 21 minutes 33 seconds West, 32.29 feet; thence North 00 degrees 56 minutes 23 seconds West, 45.52 feet; thence North 90 degrees 00 minutes 00 seconds West, 20.00 feet; thence North 00 degrees 56 minutes 23 seconds West, 203.44 feet; thence North 89 degrees 03 minutes 55 seconds East, 20.00 feet; thence North 00 degrees 56 minutes 23 seconds West, 57.95 feet to the south line of the North 208.00 feet of said Southeast Quarter of the Northeast Quarter; thence North 89 degrees 41 minutes 06 seconds East, along said south line, 35.06 feet to the west line of the East 45.00 feet of said Southeast Quarter of the Northeast Quarter; thence North 00 degrees 57 minutes 31 seconds West, along said west line, 167.54 feet to said Westerly Right of Way line and there terminating. 

Excepting therefrom a strip of land 5.00 feet in width, the centerline is described as follows: Commencing at the Southeast Corner of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, along the east line thereof, 325.51 feet; thence South 89 degrees 03 minutes 41 seconds West, 60.04 feet to the westerly Right of Way line of Trunk Highway No. 3, which is the point of beginning of the centerline to be described; thence continue South 89 degrees 03 minutes 41 seconds West, 35.11 feet and there terminating. 

The sidelines of said easement are to be prolonged or shortened to terminated on the westerly Right of Line of Trunk Highway No. 3 

AND 

Excepting therefrom a strip of land 7.00 feet in width, the centerline is described as follows: Commencing at the Southeast Corner of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the east line thereof, 494.13 feet; thence South 81 degrees 13 minutes 20 seconds West, 34.58 feet to the westerly Right of Way line of Trunk Highway No. 3, and the point of beginning of the centerline to be described; thence continue South 81 degrees 13 minutes 20 seconds West, 10.86 feet to the west line of the East 45.00 feet of said Southeast Quarter of the Northeast Quarter and there terminating. 

The sidelines of said easement are to be prolonged or shortened to terminated on the westerly Right of Line of Trunk Highway No. 3 and the west line of the East 45.00 feet of said Southeast Quarter of the Northeast Quarter. 

Parcel 3 (“Lojovich”) - PID: 20-00600-03-031

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

That part of the South Half of the South Half of the East Half of the Northeast Quarter (S ½ of S ½ of E ½ of NE ¼) of Section Six (6), Township Twenty Seven (27), Range Twenty Two (22), described as follows: 

Commencing at a point 45 feet west of the Northeast corner of the South Half of the South Half of the East Half of the Northeast Quarter (S ½ of S ½ of E ½ of NE ¼) of Section Six (6), Township Twenty Seven (27), Range Twenty Two (22), thence West 208 feet, thence south 208 feet, thence east 208 feet, thence north 208 feet, to the point of beginning, together with an easement for ingress and egress in, over or upon all that part of the easterly 45 feet of the northerly 208 feet of the South Half of the South Half of the East Half of the Northeast Quarter (S ½ of S ½ of E ½ of NE ¼) of Section Six (6), Township Twenty Seven (27), Range Twenty Two (22), lying westerly of the street or public highway, Dakota County, Minnesota. 

Abstract Property

Parcel 3 (“Lojovich”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Description of Permanent Drainage and Utility Easement 

A 7.00 foot permanent easement for drainage and utility purposes over, under, and across a portion of the Landowner’s Property, the centerline is described as follows: Commencing at the Northeast Corner of the South Half of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 55 minutes 54 seconds East, assumed bearing along the east line thereof, 166.38 feet; thence South 81 degrees 13 minutes 20 seconds West, 45.43 feet to the west line of the East 45.00 feet of said Southeast Quarter of the Northeast Quarter, and the point of beginning of the centerline to be described; thence continue South 81 degrees 13 minutes 20 seconds West, 30.45 feet and there terminating. 

The sidelines of the easement are to be prolonged or shortened to terminate on the west line of the East 45.00 feet of said Southeast Quarter of the Northeast Quarter. 

Description of Temporary Construction Easement 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying westerly of the west line of the East 45.00 feet of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota and easterly of the following described line: Commencing at the Northeast Corner of said Southeast Quarter of the Northeast Quarter; thence South 89 degrees 41 minutes 18 seconds West, assumed bearing along the north line thereof, 45.00 feet to said west line of the East 45.00 feet; thence South 00 degrees 55 minutes 54 seconds East, along said west line, 95.45 feet to the point of beginning of the line to be described; thence South 89 degrees 03 minutes 37 seconds West, 17.07 feet; thence South 00 degrees 56 minutes 23 seconds East, 65.96 feet; thence South 89 degrees 03 minutes 55 seconds West, 18.00 feet; thence South 00 degrees 56 minutes 23 seconds East, 46.20 feet to the south line of the North 208.00 feet of said Southeast Quarter of the Northeast Quarter and there terminating. 

Excepting therefrom a strip of land 7.00 feet in width, the centerline is described as follows: Commencing at the Northeast Corner of the South Half of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 55 minutes 54 seconds East, assumed bearing along the east line thereof, 166.38 feet; thence South 81 degrees 13 minutes 20 seconds West, 45.43 feet to the west line of the East 45.00 feet of said Southeast Quarter of the Northeast Quarter, and the point of beginning of the centerline to be described; thence continue South 81 degrees 13 minutes 20 seconds West, 30.45 feet and there terminating. 

Parcel 4 (PID: 20-00500-31-010) and Parcel 5 (PID: 20-00500-32-010) (“Nichols”)

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

That part of the Northwest Quarter (NW ¼) of Section Five (5), Township Twenty-seven (27), Range Twenty-two (22) described as follows: 

Commencing at a point on the North-South quarter line, 1442.5 feet south of the Northeast corner of the Northwest quarter (NW ¼) of Section Five (5), Township Twenty-seven (27), Range Twenty-two (22), thence West 1356.2 feet to the point of beginning; thence continuing West to the west line of said Northwest quarter (NW ¼); thence South along said West line to the East-West quarter line; thence East on the East-West quarter line to a point that is 1313.75 feet West of the North-South quarter line; thence North 916.4 feet; thence west 40 feet; thence North 120 feet to the point of beginning; except the Southerly 270 feet described as follows: 

All that part of Section Five (5), Township Twenty-seven (27), Range Twenty-two (22), described as follows: Beginning at a point on the West line of said Section 5, said point being 1432.9 feet South of the Northwest corner of said Section Five (5), thence East 330.0 feet, thence South and parallel with the said West Section line 330.0 feet, thence West 330.0 feet to the West line of said Section Five (5), thence North 330.0 feet along the West line of said section to the point of beginning, according to the Government Survey thereof. 

Abstract Property. 

Parcel 4 (“Nichols”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Description of Permanent Retaining Wall, Drainage and Utility Easement

A permanent easement for retaining wall, drainage and utility easement purposes over, under, and across a portion of the Landowner’s Property, lying easterly of the east right of way line of State Highway No. 3 and westerly of the following described line: Commencing at the Southwest Corner of the Southwest Quarter of the Northwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the west line thereof, 515.75 feet; thence South 89 degrees 58 minutes 01 seconds East, 41.94 feet to the point of beginning of the line to be described; thence North 00 degrees 56 minutes 23 seconds West, 180.53 feet and there terminating. 

Description of Temporary Construction Easement 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying 13.00 feet easterly of the following described line: Commencing at the Southwest Corner of the Southwest Quarter of the Northwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the west line thereof, 515.75 feet; thence South 89 degrees 58 minutes 01 seconds East, 41.94 feet to the point of beginning of the line to be described; thence North 00 degrees 56 minutes 23 seconds West, 180.53 feet and there terminating. 

Parcel 5 (“Nichols”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Description of Permanent Public Street, Roadway, Highway, and/or Right-of-Way Easement 

A permanent easement for public street, roadway, highway, and/or right-or-way purposes over, under, and across a portion of the Landowner’s Property, being described as the South 50.00 feet of the East 157.00 feet of the West 227.00 feet of the Southwest Quarter of the Northwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota. 

Description of Permanent Retaining Wall, Drainage and Utility Easement 

A permanent easement for retaining wall, drainage and utility purposes over, under, and across a portion of the Landowner’s Property, lying easterly of the easterly Right of Way line of Trunk Highway No. 3 and westerly of the follow described line: Commencing at the Southwest Corner of the Southwest Quarter of the Northwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the west line thereof, 515.75 feet; thence South 89 degrees 58 minutes 01 seconds East, 43.94 feet to the point of beginning of the line to be described; thence South 00 degrees 56 minutes 23 seconds East, 90.75 feet to said easterly Right of Way line and there terminating. 

Description of Temporary Construction Easement 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying easterly of the easterly Right of Way line of Trunk Highway No. 3, easterly of Line A and westerly of Line B, said lines are described as follows: 

Line A 

Commencing at the Southwest Corner of the Southwest Quarter of the Northwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the west line thereof, 515.75 feet; thence South 89 degrees 58 minutes 01 seconds East, 43.94 feet to the point of beginning of Line A to be described; thence South 00 degrees 56 minutes 23 seconds East, 90.75 feet to said easterly Right of Way line and there terminating. 

Line B 

Commencing at the Southwest Corner of the Southwest Quarter of the Northwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the west line thereof, 515.75 feet; thence South 89 degrees 04 minutes 06 seconds West, 59.94 feet to the point of beginning of Line B to be described; thence South 00 degrees 56 minutes 23 seconds East, 119.23 feet; thence North 89 degrees 03 minutes 37 seconds East, 10.00 feet; thence South 00 degrees 56 minutes 23 seconds East, 216.17 feet; thence South 89 degrees 03 minutes 37 seconds West, 10.00 feet to said easterly Right of Way line and there terminating. 

AND 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying easterly of the easterly Right of Way line of Trunk Highway No. 3, northerly and easterly of the South 50.00 of the West 157.00 feet of the East 227.00 feet of the Southwest Quarter of the Northwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota, and southerly and westerly of the following described line: Commencing at the Southwest Corner of said Southwest Quarter of the Northwest Quarter; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the west line thereof, 116.57 feet; thence South 89 degrees 04 minutes 06 seconds West, 59.99 feet to said easterly Right of Way line and the point of beginning of the line to be described; thence North 89 degrees 03 minutes 37 seconds East, 30.00 feet; thence South 00 degrees 56 minutes 23 seconds East, 48.24 feet; thence South 89 degrees 50 minutes 48 seconds East, 213.50 feet; thence South 00 degrees 56 minutes 18 seconds East, 70.01 feet to the south line of said Southwest Quarter of the Northwest Quarter and there terminating. 

Parcel 6 (“Peltier”) - PID: 20-00500-50-010

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

The North 198 feet of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Subject to a Highway easement over the West 70 feet, Dakota County, Minnesota. 

Abstract Property. 

Parcel 6 (“Peltier”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Description of Permanent Public Street, Roadway, Highway, and/or Right-of-Way Easement 

A permanent easement for public street, roadway, highway, and/or right-or-way purposes over, under, and across a portion of the Landowner’s Property, being described as the North 50.00 feet of the East 157.00 feet of the West 227.00 feet of the North Half of the West Half of the Southwest Quarter, Section 5, Township 27, Range 22, Dakota County, Minnesota. 

Description of Permanent Retaining Wall, Drainage and Utility Easement 

A permanent easement for retaining wall, drainage, and utility purposes over, under, and across a portion of the Landowner’s Property, lying easterly of the easterly Right of Way line of Trunk Highway No. 3 and westerly of the following described line: Commencing at the Northwest Corner of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 56 minutes 13 seconds East, assumed bearing along the west line thereof, 198.03 feet to the south line of the North 198.00 feet of said North Half of the West Half of the Southwest Quarter; thence South 89 degrees 51 minutes 04 seconds East, along said south line, 51.92 feet to the point of beginning of the line to be described; thence North 00 degrees 56 minutes 13 seconds West, 44.37 feet to said easterly Right of Way line and there terminating. 

Description of Temporary Construction Easement 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, described as follows: Commencing at the Northwest Corner of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 56 minutes 13 seconds East, assumed bearing along the west line thereof, 198.03 feet to the south line of the North 198.00 feet of said North Half of the West Half of the Southwest Quarter; thence South 89 degrees 51 minutes 04 seconds East, along said south line, 51.29 feet to the point of beginning of the easement to be described; thence North 00 degrees 56 minutes 13 seconds West, 444.37 feet; thence North 89 degrees 03 minutes 47 seconds East, 32.88 feet; thence South 00 degrees 56 minutes 13 seconds East, 45.00 feet to said south line of the North 198.00 feet; thence North 89 degrees 51 minutes 04 seconds West, along said south line, 32.89 feet to the point of beginning. 

AND 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying easterly of the easterly Right of Way line of Trunk Highway No. 3, southerly of the north 50.00 feet of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota, and northerly and westerly of the following described line: Commencing at the Northwest Corner of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence South 89 degrees 51 minutes 04 seconds East, assumed bearing along the north line thereof, 70.02 feet to the east line of the West 70.00 feet of said North Half of the West Half of the Southwest Quarter; thence South 00 degrees 56 minutes 13 seconds East, along said east line, 55.01 feet to the point of beginning of the line to be described; thence South 89 degrees 51 minutes 05 seconds East, 10.00 feet; thence North 00 degrees 56 minutes 13 seconds West, 5.00 feet the south line of said North 50.00 feet and there terminating. 

AND 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, described as the North 50.00 feet of the East 76.50 feet of the West 303.500 feet of the North Half of the West Half of the Southwest Quarter, Section 5, Township 27, Range 22, Dakota County, Minnesota.24Parcel 3 (“Lojovich”)DEPICTION OF EASEMENT AREAS31Parcel 5 (“Nichols”)DEPICTION OF EASEMENT AREAS25Parcel 4 and Parcel 5 (“Nichols”)InterestNameAddress and Telephone NumberFee OwnerWilliam P. Nichols and Cynthia Nichols, husband and wifeWilliam P. Nichols6302 South Robert TrailInver Grove Heights, MN 55077Cynthia Nichols6302 South Robert TrailInver Grove Heights, MN 55077Easement InterestCounty of DakotaCounty of DakotaAttn: TransportationWestern Services Center14955 Galaxie Ave # 335Apple Valley, MN 55124Easement InterestBruce A. Tiemann and Roberta Tiemann, husband and wifeBruce A. Tiemann6308 South Robert TrailInver Grove Heights, MN 55077Roberta Tiemann6308 South Robert TrailInver Grove Heights, MN 55077Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that maybe deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.20Parcel 2 (“Murphy/Source Land Capital, LLC”)DEPICTION OF EASEMENT AREAS32Parcel 6 (“Peltier”)InterestNameAddress and Telephone NumberFee OwnerThomas L. Peltier, a single personThomas L. Peltier6520 South Robert TrailInver Grove Heights, MN 55077Easement InterestCounty of DakotaCounty of DakotaAttn: TransportationWestern Services Center14955 Galaxie Ave # 335Apple Valley, MN 55124Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota CountyTreasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any,of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.21Parcel 3 (“Lojovich”)InterestNameAddress and Telephone NumberFee OwnerBradley J. Lojovich and Lisa J. Lojovich, husband and wifeBradley J. Lojovich6385 South Robert TrailInver Grove Heights, MN 55077Lisa J. Lojovich6385 South Robert TrailInver Grove Heights, MN 55077MortgageThe Dakota County Housing and Redevelopment Authority, a body corporate and politicThe Dakota County Housing and Redevelopment AuthorityDakota County Office2496 145th St WRosemount, MN 55068MortgageWells Fargo Bank, N.A., organized and existing under the laws of the United States of AmericaWells Fargo Bank, N.A.c/o Corporation Service Company2345 Rice Street, Suite 230Roseville, MN 55113Easement InterestCounty of DakotaCounty of DakotaAttn: TransportationWestern Services Center14955 Galaxie Ave # 335Apple Valley, MN 55124Easement InterestMarylin L. Murphy, single personMarylin L. Murphy6477 South Robert TrailInver Grove Heights, MN 55077Easement InterestSource Land Capital, LLC, a Minnesota limited liability companySource Land Capital, LLC18215 45th Avenue North, Suite DPlymouth, MN 55446Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses,if any, and all others claiming any interest in the property described below.28Parcel 4 (“Nichols”)DEPICTION OF EASEMENT AREAS

Parcel 7 (“Lund”) - PID: 20-00500-51-010

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

All that part of the Northwest Quarter of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota, lying south of the north 198.00 feet thereof. 

EXCEPT that part of said Northwest Quarter of the Southwest Quarter described as follows: Beginning at a point on the west line of said Northwest Quarter of the Southwest Quarter, said point being 573.69 feet south of the northwest corner thereof; thence easterly at right angle to said west line 521.78 feet; thence southerly at right angle to the last described line 208.71 feet; thence westerly at right angle to last described line 521.78 feet to the west line of said Northwest Quarter of the Southwest Quarter; thence northerly along said west line 208.71 feet to the point of beginning. 

Together with a 12 foot roadway easement for ingress and egress over part of the following described parcel of land: Part of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota, described as follows: Beginning at a point on the west line of said Southwest Quarter, said point being 573.69 feet south of the northwest corner thereof; thence easterly at right angle to said west line 521.78 feet; thence southerly at right angle to the last described line 206.71 feet; thence westerly at right angle to the last described line 521.78 feet to the west line of said Southwest Quarter; thence Northerly along said west line 208.71 feet to the point of beginning, the centerline of said easement is described as follows: Commencing at the southeast corner of previously described parcel; thence South 89 degrees 03 minutes 35 seconds West (assumed bearing) along the south line of said parcel 93.93 feet to the point of beginning of the centerline to be described; thence North 40 degrees 18 minutes 04 seconds East 10.15 feet; thence North 47 degrees 25 minutes 49 seconds East 40.88 feet; thence North 60 degrees 55 minutes 25 seconds East 51.50 feet; thence North 69 degrees 29 minutes 45 seconds East 11.96 feet to the east line of said parcel, said centerline there terminating. The sidelines of said easement shall be lengthened or shortened to terminate on the south line and the east line of said parcel. 

Subject to and together with a driveway easement for ingress and egress over that part of the Northwest Quarter of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota described as follows: Commencing at a point on the west line of said Northwest Quarter of the Southwest Quarter distant 782.40 feet south of the northwest corner thereof; thence easterly at right angles to said west line 50.00 feet to the east right of way line of South Robert Trail and the point of beginning of tract to be described; thence continuing easterly along the last described line extended 44.00 feet; thence northwesterly to a point on said highway right of way line distant 20.00 feet northerly of the point of beginning; thence southerly along said highway right of way line 20.00 feet to the point of beginning. 

Abstract Property. 

Parcel 7 (“Lund”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Description of Permanent Drainage, and Utility Easement 

A permanent easement for drainage, and utility purposes over, under, and across a portion of the Landowner’s Property, lying easterly of Trunk Highway No. 3 easterly right of way line and westerly of the following described line: Commencing at the Northwest Corner of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 56 minutes 13 seconds East, assumed bearing along the west line thereof, 198.03 feet; thence South 89 degrees 51 minutes 16 seconds East, along the north line and it’s westerly extension of the Land Owner’s property, 48.13 feet to the point of beginning of the line to be described; thence South 00 degrees 56 minutes 13 seconds East, 122.93 feet; thence South 02 degrees 34 minutes 47 seconds West, 97.81 feet; thence South 00 degrees 56 minutes 13 seconds East, 154.19 feet to the north line of the exception of the Landowner’s Property and there terminating. 

Description of Temporary Construction Easement 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying easterly of Line A and westerly of Line B, said lines are described as follows: 

Line A: 

Commencing at the Northwest Corner of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 56 minutes 13 seconds East, assumed bearing along the west line thereof, 198.03 feet; thence South 89 degrees 51 minutes 16 seconds East, along the north line and it’s westerly extension of the Land Owner’s property, 48.13 feet to the point of beginning of the line to be described; thence South 00 degrees 56 minutes 13 seconds East, 122.93 feet; thence South 02 degrees 34 minutes 47 seconds West, 97.81 feet; thence South 00 degrees 56 minutes 13 seconds East, 154.19 feet to the north line of the exception of the Landowner’s Property and there terminating. 

Line B: 

Commencing at the Northwest Corner of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 56 minutes 13 seconds East, assumed bearing along the west line thereof, 198.03 feet; thence South 89 degrees 51 minutes 16 seconds East, along the north line and it’s westerly extension of the Land Owner’s property, 84.02 feet to the point of beginning of the line to be described; thence South 00 degrees 56 minutes 13 seconds East, 48.56 feet; thence South 89 degrees 03 minutes 47 seconds West, 22.00 feet; thence South 00 degrees 56 minutes 13 seconds East, 325.52 feet to the north line of the exception of the Landowner’s Property and there terminating. 

AND 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying easterly of the easterly Right of Way line of Trunk Highway No. 3 and northerly and westerly of the following described line: Commencing at the Northwest Corner of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 56 minutes 13 seconds East, assumed bearing along the west line thereof, 842.18 feet; thence North 89 degrees 03 minutes 47 seconds East, 50.01 feet to the point of beginning of the line to be described; thence continue North 89 degrees 03 minutes 47 seconds East, 10.84 feet; thence North 00 degrees 56 minutes 13 seconds West, 59.78 feet to the south line of the exception of the Landowner’s Property and there terminating. 

Parcel 8 (“Wille”) - PID: 20-00500-51-020

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

Part of the SW ¼ of Section 5, Township 27N, Range 22W., described as follows: - Beginning at a point on the West line of the Southwest Quarter (SW ¼), said point being 573.69 feet South of the NW corner thereof; thence Easterly at right angle to said West line 521.78 feet; thence Southerly at right angle to the last described line 208.71 feet; thence Westerly at right angle to the last described line 521.78 feet to the West line of said SW ¼; thence Northerly along said West line 208.71 feet to the point of beginning, together with a 20 feet easement for a driveway lying Southerly of and adjacent to the South line of the aforedescribed parcel, Dakota County, Minnesota. 

Abstract Property. 

Parcel 8 (“Wille”)

LEGAL DESCRIPTION OF EASEMENT AREA 

Description of Temporary Construction Easement 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying easterly of the easterly Right of Way line of Trunk Highway No. 3 and westerly of the following described line: Commencing at the Northwest Corner of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 56 minutes 13 seconds East, assumed bearing along the west line thereof, 573.69 feet to the Northwest Corner of the Landowner’s Property; thence North 89 degrees 03 minutes 47 seconds East, along the north line of the Landowner’s Property, 56.01 feet to the point of beginning of the line to be described; thence South 00 degrees 56 minutes 13 seconds East, 208.71 feet to the south line of said Landowner’s Property and there terminating.

STATE OF MINNESOTA

COUNTY OF DAKOTA

DISTRICT COURT

FIRST JUDICIAL DISTRICT

COURT FILE No. 19HA-CV-18-1122

Case Type: Condemnation

NOTICE OF OBJECTS OF THE PETITION, NOTICE OF CONDEMNATION HEARING, AND NOTICE OF 

MOTION AND MOTION ORDERING TRANSFER OF 

TITLE AND POSSESSION 

City of Inver Grove Heights, a Minnesota municipal corporation, 

Petitioner, 

v. 

Robert M. Dalsin and Barbara D. Dalsin, husband and wife; U.S. Bank National, a national banking association; U.S. Home Corporation, a Delaware corporation; State of Minnesota; County of Dakota; Marylin L. Murphy, single person; Source Land Capital, LLC, a Minnesota limited liability company; Bradley J. Lojovich and Lisa J. Lojovich, husband and wife; The Dakota County Housing and Redevelopment Authority, a body corporate and politic; Wells Fargo Bank, N.A., organized and existing under the laws of the United States of America; William P. Nichols and Cynthia Nichols, husband and wife; Bruce A. Tiemann and Roberta Tiemann, husband and wife; Thomas L. Peltier, a single person; Thomas C. Lund and Deborah L. Lund, husband and wife; Sprint Spectrum L.P., a Delaware limited partnership; STC Five LLC, a Delaware limited liability company; Global Signal Acquisitions II LLC, a Delaware limited liability company; Clyde Wille and Sandra Wille, husband and wife; and all other parties unknown having any right, title or interest in the real property described in Petitioner’s Petition, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described in Petitioner’s Petition, 

Respondents.

IN THE MATTER OF CONDEMNATION OF REAL PROPERTY

EASEMENTS LOCATED IN THE CITY OF INVER GROVE HEIGHTS,

COUNTY OF DAKOTA, MINNESOTA, AS REQUIRED FOR THE 

TRUNK HIGHWAY 3 INTERSECTION IMPROVEMENTS FOR THE 

65TH STREET PROJECT – CITY PROJECT NO. 2017-24 AND FOR THE INSTALLATION OF TRUNK WATERMAIN IN THE NWA AREA OF THE CITY ON 65TH STREET BETWEEN TRUNK HIGHWAY 3 AND ARGENTA TRAIL – CITY PROJECT NO. 2017-03

TO: THE DISTRICT COURT ADMINISTRATOR AND ALL PARTIES IDENTIFIED ON THE ATTACHED EXHIBIT A AS HAVING ANY RIGHT TITLE OR INTEREST IN THE PROPERTY DESCRIBED THEREIN AND ALL OTHERS CLAIMING ANY INTEREST IN SAID PROPERTY (“Respondents”). 

YOU WILL PLEASE TAKE NOTICE that, pursuant to Minn. Stat. § 117.055, you are hereby notified that the objects of Petitioner’s Petition in condemnation are fully stated in the “Petition” that is being served and published contemporaneously with this Notice of the Objects of the Petition. The objective of the Petition is to secure a court order approving Petitioner’s requested acquisition of the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, drainage and utility easements and temporary construction easements over, under, across and through certain property necessary for public purposes to facilitate the City of Inver Grove Heights 65th Street Project – City Project No. 2017-24 and the Northwest Area Trunk Watermain Improvements on 65th Street Between Highway 3 and Argenta Trail – City Project No. 2017-03 (the “Project”). The Project includes the construction of roadway and drainage improvements to accommodate a new intersection at Trunk Highway 3 and the future 65th Street, as well as the installation of trunk watermain, including hydrant/valves, jacking casing, restoration and appurtenances. 

More specifically, Project 2017-24 provides for the construction of a fully functional intersection at Trunk Highway 3, including a minor-approach stop control and the necessary roadway drainage system to accommodate the future design of the 65th Street improvements. In addition, Project No. 2017-03 provides for the construction of trunk watermain under 65th Street to complete the final segment of trunk watermain to loop the Northwest Area system. 

The permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, drainage utility easements and temporary construction easements that are proposed to be acquired are legally described in the attached EXHIBIT A, together with the names of all persons appearing of record or known to Petitioner to be owners of said real property interests, including all of whom Petitioner has been able by investigation and due inquiry to discover, together with the nature of the ownership as nearly as can be ascertained. 

The acquisition of property rights by a municipality utilizing its power of eminent domain is commonly referred to as a “taking” (as referenced below in Minn. Stat. § 117.055). Please note, however, that the municipality must also pay just compensation for the “taking” of the property rights for a public use or public purpose. 

Minn. Stat. § 117.055, Subd. 2 (b) specifically states that: 

(1) a party wishing to challenge the public use or public purposes, necessity, or authority for a taking must appear at the court hearing and state the objection or must appeal within 60 days of a court order; and 

(2) a court order approving the public use or public purpose, necessity, and authority for the taking is final unless an appeal is brought within 60 days after service of the order on the party. 

YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED that on Wednesday, July 18, 2018, at 9:00 a.m., or as soon thereafter as counsel can be heard, at a Special Term of the District Court of the County of Dakota, Judicial Center, 1560 West Highway 55, Hastings, Minnesota 55033, Petitioner, City of Inver Grove Heights, will present its Petition for the condemnation of certain property situated in Dakota County, Minnesota, for the purpose of acquiring the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, drainage and utility easements and temporary construction easements described in its Petition, on file in the office of the District Court Administrator of the above-named Court, and in its Notice of Intent to Take Title and Possession, which has been served upon Respondents. The transfer of the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, drainage and utility easements and temporary construction easements will be effective as indicated in the Court’s order transferring title and possession to the Petitioner. 

YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED that at the above time and place, Petitioner will also move the Court for an Order transferring title and right of possession of the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, drainage and utility easements and temporary construction easements described in the attached EXHIBIT A to Petitioner. The motion will be made on all files and records herein and under authority of Minn. Stat. § 117.042, as amended, which provides for such Order upon deposit with the Court or payment to Respondents of an amount equal to Petitioner’s approved appraisal of value for the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding drainage and utility easements and temporary construction easements. The deposit of the amount for the benefit of those entitled by law to damages will be made to Respondents on or before the date of transfer of title and possession pursuant to this motion. 

The Petitioner further prays for the appointment by the Court of three disinterested commissioners to ascertain and report the damages for the permanent public street, roadway, highway and/or right-of-way easements, and the permanent retaining wall, ponding, drainage and utility easement and temporary construction easement interests to be taken and acquired for the above-stated purpose and the injuries caused by such taking. 

The Petitioner reserves the right to recover costs of cleanup and testing and all other damages resulting from the presence of pollutants, contaminants or hazardous materials on the property described in the Petition from all responsible parties in a separate legal action. In the event that tests or evaluations undertaken by or on behalf of Petitioner indicate the presence of pollution, contamination or hazardous materials on said properties, the Petitioner further reserves the right to condition the condemnation commission awards on the right of Petitioner to bring a separate legal action to recover testing, cleanup, costs and all other recoverable damages. 

Dated: March 19, 2018 

LeVANDER, GILLEN & MILLER, P.A.

/s/ Tona T. Dove

Timothy J. Kuntz, Lic. No. 58993

Jay P. Karlovich, Lic. No. 247650

Tona T. Dove, Lic. No. 0232130

633 South Concord Street, Suite 400

South St. Paul, MN 55075

(651) 451-1831

Attorneys for Petitioner

ACKNOWLEDGMENT 

The party above-named represented by the undersigned, hereby acknowledges that sanctions may be imposed pursuant to Minnesota Statutes, § 549.211.

/s/ Tona T. Dove 

Parcel 1 (“Dalsin”) - PID: 20-84500-01-010

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

Lot 1, Block 1, Windwood Addition, Dakota County, Minnesota. 

Abstract Property

Parcel 1 (“Dalsin”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Description of Permanent Public Street, Roadway, Highway, and/or Right-of-Way Easement 

A permanent easement for public street, roadway, highway, and/or right-or-way purposes over, under, and across a portion of the Landowner’s Property, being described as the North 10.00 feet of Lot 1, Block 1, Windwood Addition, Dakota County, Minnesota. 

Description of Permanent Retaining Wall, Drainage and Utility Easement 

A 10.00 foot permanent easement for retaining wall, drainage and utility purposes over, under, and across a portion of the Landowner’s Property, being described as the South 10.00 feet of the North 20.00 feet of Lot 1, Block 1, Windwood Addition, Dakota County, Minnesota, excepting therefrom the West and East 10.00 feet of said Lot 1. 

Description of Permanent Drainage, Utility, and Stormwater Ponding Easement 

A permanent easement for drainage, utility, and stormwater ponding purposes over, under, and across a portion of the Landowner’s Property, described as follows: Commencing at the Southeast Corner of Lot 1, Block 1, Windwood Addition Dakota County, Minnesota; thence North 00 degrees 56 minutes 25 seconds West, assumed bearing, along the east line thereof, 312.73 feet; thence North 59 degrees 11 minutes 14 seconds West, 11.76 feet to the drainage and utility easement as shown on said Lot 1 and the point of beginning of the easement to be described; thence continue North 59 degrees 11 minutes 14 seconds West, 77.15 feet; thence South 89 degrees 03 minutes 35 seconds West, 119.40 feet; thence South 00 degrees 56 minutes 25 seconds East, 192.06 feet; thence South 82 degrees 34 minutes 23 seconds East, 186.99 feet to said drainage and utility easement; thence 36Parcel 6 (“Peltier”)DEPICTION OF EASEMENT AREAS42Parcel 7 (“Lund”)DEPICTION OF EASEMENT AREAS37Parcel 7 (“Lund”)InterestNameAddress and Telephone NumberFee OwnerThomas C. Lund and Deborah L. Lund, husband and wifeThomas C. Lund6680 South Robert TrailInver Grove Heights, MN 55077Deborah L. Lund6680 South Robert TrailInver Grove Heights, MN 55077Easement InterestCounty of DakotaCounty of DakotaAttn: TransportationWestern Services Center14955 Galaxie Ave # 335Apple Valley, MN 55124Easement InterestClyde Wille and Sandra Wille, husband and wifeClyde Wille6570 South Robert TrailInver Grove Heights, MN 55077Sandra Wille6570 South Robert TrailInver Grove Heights, MN 55077Lease InterestSprint Spectrum L.P., a Delaware limited partnershipSprint Spectrum L.P.c/o Corporation Service Company2345 Rice Street, Suite 230Roseville, MN 55113Lease InterestSTC Five LLC, a Delaware limited liability companySTC Five LLCc/o Corporation Service Company2345 Rice Street, Suite 230Roseville, MN 55113Lease InterestGlobal Signal Acquisitions II LLC, a Delaware limited liability companyGlobal Signal Acquisitions II LLCc/o C T Corporation System Inc.1010 Dale Street NorthSt Paul, MN 55117Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 5503343Parcel 8 (“Wille”)InterestNameAddress and Telephone NumberFee OwnerClyde Wille and Sandra Wille, husband and wifeClyde Wille6570 South Robert TrailInver Grove Heights, MN 55077Sandra Wille6570 South Robert TrailInver Grove Heights, MN 55077MortgageU.S. Bank National Association, a national banking associationU.S. Bank National AssociationAttn: Legal Department800 Nicollet Mall, 21st FloorMinneapolis, MN 55402Easement InterestCounty of DakotaCounty of DakotaAttn: TransportationWestern Services Center14955 Galaxie Ave # 335Apple Valley, MN 55124Easement InterestThomas C. Lund and Deborah L. Lund, husband and wifeThomas C. Lund6680 South Robert TrailInver Grove Heights, MN 55077Deborah L. Lund6680 South Robert TrailInver Grove Heights, MN 55077Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.38Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.46Parcel 8 (“Wille”)DEPICTION OF EASEMENT AREA10EXHIBIT AParcel 1 (“Dalsin”)InterestNameAddress and Telephone NumberFee OwnerRobert M. Dalsin and BarbaraD.Dalsin, husband and wifeRobert Dalsin6637 South Robert TrailInver Grove Heights, MN 55077Barbara D. Dalsin6637 South Robert TrailInver Grove Heights, MN 55077MortgageU.S. Bank National Association, a national banking associationU.S. Bank National AssociationAttn: Legal Department800 Nicollet Mall, 21st FloorMinneapolis, MN 55402Easement InterestU.S. Home Corporation, a Delaware CorporationU.S. Home CorporationC T Corporation System Inc.1010 Dale Street NorthSt Paul, MN 55117–5603Easement InterestState of MinnesotaState of MinnesotaMinnesota Attorney General445 Minnesota Street, Suite 1400St. Paul, MN 55101Easement InterestCounty of DakotaCounty of DakotaAttn: TransportationWestern Services Center14955 Galaxie Ave # 335AppleValley, MN 55124Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.6EXHIBIT AParcel 1 (“Dalsin”)InterestNameAddress and Telephone NumberFee OwnerRobert M. Dalsin and BarbaraD.Dalsin, husband and wifeRobert Dalsin6637 South Robert TrailInver Grove Heights, MN 55077Barbara D. Dalsin6637 South Robert TrailInver Grove Heights, MN 55077MortgageU.S. Bank National Association, a national banking associationU.S. Bank National AssociationAttn: Legal Department800 Nicollet Mall, 21st FloorMinneapolis, MN 55402Easement InterestU.S. Home Corporation, a Delaware CorporationU.S. Home CorporationC T Corporation System Inc.1010 Dale Street NorthSt Paul, MN 55117–5603Easement InterestState of MinnesotaState of MinnesotaMinnesota Attorney General445 Minnesota Street, Suite 1400St. Paul, MN 55101Easement InterestCounty of DakotaCounty of DakotaAttn: TransportationWestern Services Center14955 Galaxie Ave # 335Apple Valley, MN 55124Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.

North 00 degrees 56 minutes 25 seconds West, along said drainage and utility easement, 178.67 feet to the point of beginning. 

Description of Temporary Construction Easement

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying southerly of a line parallel to and 20.00 feet south of the north line of Lot 1, Block 1 Windwood Addition, Dakota County, Minnesota, westerly of a line parallel to and 10.00 feet west of the west line of said Lot 1, and northerly and easterly of the following described line: Commencing at the Northeast Corner of said Lot 1; thence South 00 degrees 56 minutes 25 seconds East, assumed bearing along the east line thereof, 347.94 feet; thence South 89 degrees 03 minutes 35 seconds West, 10.00 feet to a line parallel with and 10.00 feet west of the east line of said Lot 1, and the point of beginning of said line to be described; thence continue South 89 degrees 03 minutes 35 seconds West, 10.00 feet; thence North 00 degrees 56 minutes 25 seconds West, 313.17 feet; thence South 89 degrees 44 minutes 12 seconds West, 282.99 feet; thence North 00 degrees 15 minutes 48 seconds West, 15.00 feet to a line parallel to and 20.00 feet south of the north line of said Lot 1 and there terminating. 

Parcel 2 (“Murphy/Source Land Capital, LLC”) - PID: 20-00600-04-010

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

The South Half of the South Half of the East Half of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota, EXCEPT the East 263.70 feet of the West 516.70 feet of the North 330.38 feet of the South Half of the South Half of the East Half of the Northeast Quarter of said Section 6, together with an easement for ingress over a strip of land 15 feet on each side of the following described line: Beginning at a point 16.2 feet North of the Southeast corner of the above described tract; thence deflect Southeasterly 40 degrees 37 minutes for a distance of 220.7 feet; thence deflect right 88 degrees 57 minutes for a distance of 67.5 feet; thence deflect left 70 degrees 37 minutes for a distance of 82.5 feet more or less to the present farm entrance driveway, and together with an easement for ingress over the present farm entrance driveway Easterly to Robert Street; and Except commencing at a point 45 feet West of the Northeast corner of the South Half of the South half of the East Half of the Northeast Quarter of said Section 6; thence West 208 feet; thence South 208 feet; thence East 208 feet; thence North 208 feet to the point of beginning, together with an easement described as follows: All that part of the Easterly 45 feet of the Northerly 208 feet of the South Half of the South Half of the East Half of the Northeast Quarter of said Section 6 lying Westerly of the street or public highway, for roadway for ingress and egress. 

Abstract Property. 

Parcel 2 (“Murphy/Source Land Capital, LLC”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Description of Permanent Public Street, Roadway, Highway, and/or Right-of-Way Easemen

A permanent easement for public street, roadway, highway, and/or right-or-way purposes over, under, and across a portion of the Landowner’s Property, lying north of the south line of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota, westerly of the westerly Right of Way line of Trunk Highway No. 3, and southerly and easterly of the following described line: Commencing at the Southwest Corner of said Southeast Quarter of the Northeast Quarter; thence North 01 degrees 00 minutes 39 seconds West, assumed bearing along the west line thereof, 50.00 feet to the point of beginning of the line to be described; thence North 89 degrees 44 minutes 12 seconds East, 1289.38 feet, parallel to the south line of said Southeast Quarter of the Northeast Quarter; thence North 00 degrees 56 minutes 23 seconds West, 120.05 feet to said westerly Right of Way line and there terminating. 

Description of Permanent Drainage, Utility and Stormwater Ponding Easemen

A permanent easement for drainage, utility and stormwater ponding purposes over, under, and across a portion of the Landowner’s Property, lying north of the north line of the South 50.00 feet of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota, and westerly, easterly and southerly of the following described line: Commencing at the Southwest Corner of said Southeast Quarter of the Northeast Quarter; thence North 01 degrees 00 minutes 39 seconds West, assumed bearing along the west line thereof, 50.00 feet to the north line of the South 50.00 feet of said Southeast Quarter of the Northeast Quarter; thence North 89 degrees 44 minutes 12 seconds East, along said north line, 1077.93 feet to the point of beginning of the line to be described; thence North 00 degrees 00 minutes 26 seconds West, 21.00 feet; thence North 67 degrees 21 minutes 33 seconds East, 227.19 feet to the west line of the East 50.00 feet of said Southeast Quarter of the Northeast Quarter; thence South 00 degrees 56 minutes 23 seconds West, along said west line, 107.49 feet to the north line of said South 50.00 feet and there terminating. 

Description of Permanent Drainage and Utility Easement 

A 5.00 foot wide permanent easement for drainage and utility purposes over, under, and across a portion of the Landowner’s Property, the centerline is described as follows: Commencing at the Southeast Corner of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the east line thereof, 325.51 feet; thence South 89 degrees 03 minutes 41 seconds West, 60.04 feet to the westerly Right of Way line of Trunk Highway No. 3, and the point of beginning of the centerline to be described; thence continue South 89 degrees 03 minutes 41 seconds West, 35.11 feet and there terminating.

The sidelines of said easement are to be prolonged or shortened to terminated on the westerly Right of Line of Trunk Highway No. 3. 

AND 

A 7.00 foot wide permanent easement for drainage and utility purposes over, under, and across a portion of the Landowner’s Property, the centerline is described as follows: Commencing at the Southeast Corner of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the east line thereof, 494.13 feet; thence South 81 degrees 13 minutes 20 seconds West, 34.58 feet to the westerly Right of Way line of Trunk Highway No. 3, and the point of beginning of the centerline to be described; thence continue South 81 degrees 13 minutes 20 seconds West, 10.86 feet to the west line of the East 45.00 feet of said Southeast Quarter of the Northeast Quarter and there terminating. 

The sidelines of said easement are to be prolonged or shortened to terminated on the westerly Right of Line of Trunk Highway No. 3 and the west line of the East 45.00 feet of said Southeast Quarter of the Northeast Quarter. 

Description of Temporary Construction Easement 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying north of the north line of the South 50.00 feet of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota, and westerly, southerly, and easterly of the following described line: Commencing at the Southwest Corner of said Southeast Quarter of the Northeast Quarter; thence North 01 degrees 00 minutes 39 seconds West, assumed bearing along the west line thereof, 50.00 feet; thence North 89 degrees 44 minutes 12 seconds East, parallel to the south line of said Southeast Quarter of the Northeast Quarter, 1077.93 feet to the point of beginning of the line to be described; thence North 00 degrees 00 minutes 26 seconds West, 53.00 feet; thence South 89 degrees 44 minutes 12 seconds West, 228.71 feet; thence South 00 degrees 03 minutes 24 seconds East, 11.00 feet; thence South 89 degrees 44 minutes 08 seconds West, 184.67 feet; thence South 00 degrees 15 minutes 56 seconds East, 10.00 feet; thence South 89 degrees 44 minutes 12 seconds West, 163.85 feet; thence South 00 degrees 15 minutes 48 seconds East, 32.00 feet to said north line of the South 50.00 feet and there terminating. 

AND 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying north of the north line of the South 50.00 feet of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota and easterly, southerly, and westerly of the following described line: Commencing at the Southwest Corner of said Southeast Quarter of the Northeast Quarter; thence North 01 degrees 00 minutes 39 seconds West, assumed bearing along the west line thereof, 60.01 feet to the point of beginning of the line to be described; thence North 89 degrees 44 minutes 12 seconds East, 52.43 feet; thence North 00 degrees 15 minutes 48 seconds West, 40.00 feet; thence North 89 degrees 44 minutes 12 seconds East, 322.70 feet; thence South 00 degrees 15 minutes 48 seconds East, 50.00 feet to said north line of the South 50.00 feet and there terminating. 

AND 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying westerly of the westerly Right of Way line of Trunk Highway No. 3 and northerly and easterly of the following described line: Commencing at the Southwest Corner of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota; thence North 01 degrees 00 minutes 39 seconds West, assumed bearing along the west line of said Southeast Quarter of the Northeast Quarter, 50.00 feet; thence North 89 degrees 44 minutes 12 seconds East, parallel to the south line of said Southeast Quarter of the Northeast Quarter, 1289.38 feet to the west line of the East 50.00 feet of said Southeast Quarter of the Northeast Quarter; thence North 00 degrees 56 minutes 23 seconds West, along said west line, 107.49 feet to the point of beginning of the line to be described; thence South 67 degrees 21 minutes 33 seconds West, 32.29 feet; thence North 00 degrees 56 minutes 23 seconds West, 45.52 feet; thence North 90 degrees 00 minutes 00 seconds West, 20.00 feet; thence North 00 degrees 56 minutes 23 seconds West, 203.44 feet; thence North 89 degrees 03 minutes 55 seconds East, 20.00 feet; thence North 00 degrees 56 minutes 23 seconds West, 57.95 feet to the south line of the North 208.00 feet of said Southeast Quarter of the Northeast Quarter; thence North 89 degrees 41 minutes 06 seconds East, along said south line, 35.06 feet to the west line of the East 45.00 feet of said Southeast Quarter of the Northeast Quarter; thence North 00 degrees 57 minutes 31 seconds West, along said west line, 167.54 feet to said Westerly Right of Way line and there terminating. 

Excepting therefrom a strip of land 5.00 feet in width, the centerline is described as follows: Commencing at the Southeast Corner of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, along the east line thereof, 325.51 feet; thence South 89 degrees 03 minutes 41 seconds West, 60.04 feet to the westerly Right of Way line of Trunk Highway No. 3, which is the point of beginning of the centerline to be described; thence continue South 89 degrees 03 minutes 41 seconds West, 35.11 feet and there terminating. 

The sidelines of said easement are to be prolonged or shortened to terminated on the westerly Right of Line of Trunk Highway No. 3 

AND 

Excepting therefrom a strip of land 7.00 feet in width, the centerline is described as follows: Commencing at the Southeast Corner of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the east line thereof, 494.13 feet; thence South 81 degrees 13 minutes 20 seconds West, 34.58 feet to the westerly Right of Way line of Trunk Highway No. 3, and the point of beginning of the centerline to be described; thence continue South 81 degrees 13 minutes 20 seconds West, 10.86 feet to the west line of the East 45.00 feet of said Southeast Quarter of the Northeast Quarter and there terminating. 

The sidelines of said easement are to be prolonged or shortened to terminated on the westerly Right of Line of Trunk Highway No. 3 and the west line of the East 45.00 feet of said Southeast Quarter of the Northeast Quarter. 

Parcel 3 (“Lojovich”) - PID: 20-00600-03-031

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

That part of the South Half of the South Half of the East Half of the Northeast Quarter (S ½ of S ½ of E ½ of NE ¼) of Section Six (6), Township Twenty Seven (27), Range Twenty Two (22), described as follows: 

Commencing at a point 45 feet west of the Northeast corner of the South Half of the South Half of the East Half of the Northeast Quarter (S ½ of S ½ of E ½ of NE ¼) of Section Six (6), Township Twenty Seven (27), Range Twenty Two (22), thence West 208 feet, thence south 208 feet, thence east 208 feet, thence north 208 feet, to the point of beginning, together with an easement for ingress and egress in, over or upon all that part of the easterly 45 feet of the northerly 208 feet of the South Half of the South Half of the East Half of the Northeast Quarter (S ½ of S ½ of E ½ of NE ¼) of Section Six (6), Township Twenty Seven (27), Range Twenty Two (22), lying westerly of the street or public highway, Dakota County, Minnesota. 

Abstract Property. 

Parcel 3 (“Lojovich”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Description of Permanent Drainage and Utility Easement 

A 7.00 foot permanent easement for drainage and utility purposes over, under, and across a portion of the Landowner’s Property, the centerline is described as follows: Commencing at the Northeast Corner of the South Half of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 55 minutes 54 seconds East, assumed bearing along the east line thereof, 166.38 feet; thence South 81 degrees 13 minutes 20 seconds West, 45.43 feet to the west line of the East 45.00 feet of said Southeast Quarter of the Northeast Quarter, and the point of beginning of the centerline to be described; thence continue South 81 degrees 13 minutes 20 seconds West, 30.45 feet and there terminating. 

The sidelines of the easement are to be prolonged or shortened to terminate on the west line of the East 45.00 feet of said Southeast Quarter of the Northeast Quarter. 

Description of Temporary Construction Easement 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying westerly of the west line of the East 45.00 feet of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota and easterly of the following described line: Commencing at the Northeast Corner of said Southeast Quarter of the Northeast Quarter; thence South 89 degrees 41 minutes 18 seconds West, assumed bearing along the north line thereof, 45.00 feet to said west line of the East 45.00 feet; thence South 00 degrees 55 minutes 54 seconds East, along said west line, 95.45 feet to the point of beginning of the line to be described; thence South 89 degrees 03 minutes 37 seconds West, 17.07 feet; thence South 00 degrees 56 minutes 23 seconds East, 65.96 feet; thence South 89 degrees 03 minutes 55 seconds West, 18.00 feet; thence South 00 degrees 56 minutes 23 seconds East, 46.20 feet to the south line of the North 208.00 feet of said Southeast Quarter of the Northeast Quarter and there terminating. 

Excepting therefrom a strip of land 7.00 feet in width, the centerline is described as follows: Commencing at the Northeast Corner of the South Half of the Southeast Quarter of the Northeast Quarter of Section 6, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 55 minutes 54 seconds East, assumed bearing along the east line thereof, 166.38 feet; thence South 81 degrees 13 minutes 20 seconds West, 45.43 feet to the west line of the East 45.00 feet of said Southeast Quarter of the Northeast Quarter, and the point of beginning of the centerline to be described; thence continue South 81 degrees 13 minutes 20 seconds West, 30.45 feet and there terminating. 

Parcel 4 (PID: 20-00500-31-010) and Parcel 5 (PID: 20-00500-32-010) (“Nichols”)

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

That part of the Northwest Quarter (NW ¼) of Section Five (5), Township Twenty-seven (27), Range Twenty-two (22) described as follows: 

Commencing at a point on the North-South quarter line, 1442.5 feet south of the Northeast corner of the Northwest quarter (NW ¼) of Section Five (5), Township Twenty-seven (27), Range Twenty-two (22), thence West 1356.2 feet to the point of beginning; thence continuing West to the west line of said Northwest quarter (NW ¼); thence South along said West line to the East-West quarter line; thence East on the East-West quarter line to a point that is 1313.75 feet West of the North-South quarter line; thence North 916.4 feet; thence west 40 feet; thence North 120 feet to the point of beginning; except the Southerly 270 feet described as follows: 

All that part of Section Five (5), Township Twenty-seven (27), Range Twenty-two (22), described as follows: Beginning at a point on the West line of said Section 5, said point being 1432.9 feet South of the Northwest corner of said Section Five (5), thence East 330.0 feet, thence South and parallel with the said West Section line 330.0 feet, thence West 330.0 feet to the West line of said Section Five (5), thence North 330.0 feet along the West line of said section to the point of beginning, according to the Government Survey thereof. 

Abstract Property

Parcel 4 (“Nichols”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Description of Permanent Retaining Wall, Drainage and Utility Easement 

A permanent easement for retaining wall, drainage and utility easement purposes over, under, and across a portion of the Landowner’s Property, lying easterly of the east right of way line of State Highway No. 3 and westerly of the following described line: Commencing at the Southwest Corner of the Southwest Quarter of the Northwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the west line thereof, 515.75 feet; thence South 89 degrees 58 minutes 01 seconds East, 41.94 feet to the point of beginning of the line to be described; thence North 00 degrees 56 minutes 23 seconds West, 180.53 feet and there terminating. 

Description of Temporary Construction Easement 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying 13.00 feet easterly of the following described line: Commencing at the Southwest Corner of the Southwest Quarter of the Northwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the west line thereof, 515.75 feet; thence South 89 degrees 58 minutes 01 seconds East, 41.94 feet to the point of beginning of the line to be described; thence North 00 degrees 56 minutes 23 seconds West, 180.53 feet and there terminating.9Parcel 1 (“Dalsin”)DEPICTION OF EASEMENT AREAS20Parcel 3 (“Lojovich”)DEPICTION OF EASEMENT AREAS10Parcel 2 (“Murphy/Source Land Capital, LLC”)InterestNameAddress and Telephone NumberFee Owner (Contract for Deed Vendor)Marylin L. Murphy, single personMarylin L. Murphy6477 South Robert TrailInver Grove Heights, MN 55077Fee Owner (Contract for Deed Vendee)Source Land Capital, LLC, a Minnesota limited liability companySource LandCapital, LLC18215 45th Avenue North, Suite DPlymouth, MN 55446Easement InterestCounty of DakotaCounty of DakotaAttn: TransportationWestern Services Center14955 Galaxie Ave # 335Apple Valley, MN 55124Easement InterestBradley J. Lojovichand Lisa J. Lojovich, husband and wifeBradley J. Lojovich and Lisa J. Lojovich6385 South Robert TrailInver Grove Heights, MN 55077Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.21Parcel 4 and Parcel 5 (“Nichols”)InterestNameAddress and Telephone NumberFee OwnerWilliam P. Nichols and Cynthia Nichols, husband and wifeWilliam P. Nichols6302 South Robert TrailInver Grove Heights, MN 55077Cynthia Nichols6302 South Robert TrailInver Grove Heights, MN 55077Easement InterestCounty of DakotaCounty of DakotaAttn: TransportationWestern Services Center14955 Galaxie Ave # 335Apple Valley, MN 55124Easement InterestBruce A. Tiemann and Roberta Tiemann, husbandand wifeBruce A. Tiemann6308 South Robert TrailInver Grove Heights, MN 55077Roberta Tiemann6308 South Robert TrailInver Grove Heights, MN 55077Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.16Parcel 2 (“Murphy/Source Land Capital, LLC”)DEPICTION OF EASEMENT AREAS17Parcel 3 (“Lojovich”)InterestNameAddress and Telephone NumberFee OwnerBradley J. Lojovich and Lisa J. Lojovich, husband and wifeBradley J. Lojovich6385 South Robert TrailInver Grove Heights, MN 55077Lisa J. Lojovich6385South Robert TrailInver Grove Heights, MN 55077MortgageThe Dakota County Housing and Redevelopment Authority, a body corporate and politicThe Dakota County Housing and Redevelopment AuthorityDakota County Office2496 145th St WRosemount, MN 55068MortgageWells Fargo Bank, N.A., organized and existing under the laws of the United States of AmericaWells Fargo Bank, N.A.c/o Corporation Service Company2345 Rice Street, Suite 230Roseville, MN 55113Easement InterestCounty of DakotaCounty of DakotaAttn: TransportationWestern Services Center14955 Galaxie Ave # 335Apple Valley, MN 55124Easement InterestMarylin L. Murphy, single personMarylin L. Murphy6477 South Robert TrailInver Grove Heights, MN 55077Easement InterestSource Land Capital, LLC, a Minnesota limited liability companySource Land Capital, LLC18215 45th Avenue North, Suite DPlymouth, MN 55446Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.24Parcel 4 (“Nichols”)DEPICTION OF EASEMENT AREAS

Parcel 5 (“Nichols”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Description of Permanent Public Street, Roadway, Highway, and/or Right-of-Way Easement 

A permanent easement for public street, roadway, highway, and/or right-or-way purposes over, under, and across a portion of the Landowner’s Property, being described as the South 50.00 feet of the East 157.00 feet of the West 227.00 feet of the Southwest Quarter of the Northwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota. 

Description of Permanent Retaining Wall, Drainage and Utility Easement 

A permanent easement for retaining wall, drainage and utility purposes over, under, and across a portion of the Landowner’s Property, lying easterly of the easterly Right of Way line of Trunk Highway No. 3 and westerly of the follow described line: Commencing at the Southwest Corner of the Southwest Quarter of the Northwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the west line thereof, 515.75 feet; thence South 89 degrees 58 minutes 01 seconds East, 43.94 feet to the point of beginning of the line to be described; thence South 00 degrees 56 minutes 23 seconds East, 90.75 feet to said easterly Right of Way line and there terminating. 

Description of Temporary Construction Easement 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying easterly of the easterly Right of Way line of Trunk Highway No. 3, easterly of Line A and westerly of Line B, said lines are described as follows: 

Line A 

Commencing at the Southwest Corner of the Southwest Quarter of the Northwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the west line thereof, 515.75 feet; thence South 89 degrees 58 minutes 01 seconds East, 43.94 feet to the point of beginning of Line A to be described; thence South 00 degrees 56 minutes 23 seconds East, 90.75 feet to said easterly Right of Way line and there terminating. 

Line B 

Commencing at the Southwest Corner of the Southwest Quarter of the Northwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the west line thereof, 515.75 feet; thence South 89 degrees 04 minutes 06 seconds West, 59.94 feet to the point of beginning of Line B to be described; thence South 00 degrees 56 minutes 23 seconds East, 119.23 feet; thence North 89 degrees 03 minutes 37 seconds East, 10.00 feet; thence South 00 degrees 56 minutes 23 seconds East, 216.17 feet; thence South 89 degrees 03 minutes 37 seconds West, 10.00 feet to said easterly Right of Way line and there terminating. 

AND 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying easterly of the easterly Right of Way line of Trunk Highway No. 3, northerly and easterly of the South 50.00 of the West 157.00 feet of the East 227.00 feet of the Southwest Quarter of the Northwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota, and southerly and westerly of the following described line: Commencing at the Southwest Corner of said Southwest Quarter of the Northwest Quarter; thence North 00 degrees 55 minutes 54 seconds West, assumed bearing along the west line thereof, 116.57 feet; thence South 89 degrees 04 minutes 06 seconds West, 59.99 feet to said easterly Right of Way line and the point of beginning of the line to be described; thence North 89 degrees 03 minutes 37 seconds East, 30.00 feet; thence South 00 degrees 56 minutes 23 seconds East, 48.24 feet; thence South 89 degrees 50 minutes 48 seconds East, 213.50 feet; thence South 00 degrees 56 minutes 18 seconds East, 70.01 feet to the south line of said Southwest Quarter of the Northwest Quarter and there terminating. 

Parcel 6 (“Peltier”) - PID: 20-00500-50-010

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

The North 198 feet of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Subject to a Highway easement over the West 70 feet, Dakota County, Minnesota. 

Abstract Property. 

Parcel 6 (“Peltier”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Description of Permanent Public Street, Roadway, Highway, and/or Right-of-Way Easement 

A permanent easement for public street, roadway, highway, and/or right-or-way purposes over, under, and across a portion of the Landowner’s Property, being described as the North 50.00 feet of the East 157.00 feet of the West 227.00 feet of the North Half of the West Half of the Southwest Quarter, Section 5, Township 27, Range 22, Dakota County, Minnesota. 

Description of Permanent Retaining Wall, Drainage and Utility Easement 

A permanent easement for retaining wall, drainage, and utility purposes over, under, and across a portion of the Landowner’s Property, lying easterly of the easterly Right of Way line of Trunk Highway No. 3 and westerly of the following described line: Commencing at the Northwest Corner of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 56 minutes 13 seconds East, assumed bearing along the west line thereof, 198.03 feet to the south line of the North 198.00 feet of said North Half of the West Half of the Southwest Quarter; thence South 89 degrees 51 minutes 04 seconds East, along said south line, 51.92 feet to the point of beginning of the line to be described; thence North 00 degrees 56 minutes 13 seconds West, 44.37 feet to said easterly Right of Way line and there terminating. 

Description of Temporary Construction Easement 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, described as follows: Commencing at the Northwest Corner of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 56 minutes 13 seconds East, assumed bearing along the west line thereof, 198.03 feet to the south line of the North 198.00 feet of said North Half of the West Half of the Southwest Quarter; thence South 89 degrees 51 minutes 04 seconds East, along said south line, 51.29 feet to the point of beginning of the easement to be described; thence North 00 degrees 56 minutes 13 seconds West, 444.37 feet; thence North 89 degrees 03 minutes 47 seconds East, 32.88 feet; thence South 00 degrees 56 minutes 13 seconds East, 45.00 feet to said south line of the North 198.00 feet; thence North 89 degrees 51 minutes 04 seconds West, along said south line, 32.89 feet to the point of beginning. 

AND 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying easterly of the easterly Right of Way line of Trunk Highway No. 3, southerly of the north 50.00 feet of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota, and northerly and westerly of the following described line: Commencing at the Northwest Corner of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence South 89 degrees 51 minutes 04 seconds East, assumed bearing along the north line thereof, 70.02 feet to the east line of the West 70.00 feet of said North Half of the West Half of the Southwest Quarter; thence South 00 degrees 56 minutes 13 seconds East, along said east line, 55.01 feet to the point of beginning of the line to be described; thence South 89 degrees 51 minutes 05 seconds East, 10.00 feet; thence North 00 degrees 56 minutes 13 seconds West, 5.00 feet the south line of said North 50.00 feet and there terminating. 

AND 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, described as the North 50.00 feet of the East 76.50 feet of the West 303.500 feet of the North Half of the West Half of the Southwest Quarter, Section 5, Township 27, Range 22, Dakota County, Minnesota. 

Parcel 7 (“Lund”) - PID: 20-00500-51-010

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

All that part of the Northwest Quarter of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota, lying south of the north 198.00 feet thereof. 

EXCEPT that part of said Northwest Quarter of the Southwest Quarter described as follows: Beginning at a point on the west line of said Northwest Quarter of the Southwest Quarter, said point being 573.69 feet south of the northwest corner thereof; thence easterly at right angle to said west line 521.78 feet; thence southerly at right angle to the last described line 208.71 feet; thence westerly at right angle to last described line 521.78 feet to the west line of said Northwest Quarter of the Southwest Quarter; thence northerly along said west line 208.71 feet to the point of beginning. 

Together with a 12 foot roadway easement for ingress and egress over part of the following described parcel of land: Part of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota, described as follows: Beginning at a point on the west line of said Southwest Quarter, said point being 573.69 feet south of the northwest corner thereof; thence easterly at right angle to said west line 521.78 feet; thence southerly at right angle to the last described line 206.71 feet; thence westerly at right angle to the last described line 521.78 feet to the west line of said Southwest Quarter; thence Northerly along said west line 208.71 feet to the point of beginning, the centerline of said easement is described as follows: Commencing at the southeast corner of previously described parcel; thence South 89 degrees 03 minutes 35 seconds West (assumed bearing) along the south line of said parcel 93.93 feet to the point of beginning of the centerline to be described; thence North 40 degrees 18 minutes 04 seconds East 10.15 feet; thence North 47 degrees 25 minutes 49 seconds East 40.88 feet; thence North 60 degrees 55 minutes 25 seconds East 51.50 feet; thence North 69 degrees 29 minutes 45 seconds East 11.96 feet to the east line of said parcel, said centerline there terminating. The sidelines of said easement shall be lengthened or shortened to terminate on the south line and the east line of said parcel. 

Subject to and together with a driveway easement for ingress and egress over that part of the Northwest Quarter of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota described as follows: Commencing at a point on the west line of said Northwest Quarter of the Southwest Quarter distant 782.40 feet south of the northwest corner thereof; thence easterly at right angles to said west line 50.00 feet to the east right of way line of South Robert Trail and the point of beginning of tract to be described; thence continuing easterly along the last described line extended 44.00 feet; thence northwesterly to a point on said highway right of way line distant 20.00 feet northerly of the point of beginning; thence southerly along said highway right of way line 20.00 feet to the point of beginning. 

Abstract Property. 

Parcel 7 (“Lund”)

LEGAL DESCRIPTION OF EASEMENT AREAS 

Description of Permanent Drainage, and Utility Easement 

A permanent easement for drainage, and utility purposes over, under, and across a portion of the Landowner’s Property, lying easterly of Trunk Highway No. 3 easterly right of way line and westerly of the following described line: Commencing at the Northwest Corner of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 56 minutes 13 seconds East, assumed bearing along the west line thereof, 198.03 feet; thence South 89 degrees 51 minutes 16 seconds East, along the north line and it’s westerly extension of the Land Owner’s property, 48.13 feet to the point of beginning of the line to be described; thence South 00 degrees 56 minutes 13 seconds East, 122.93 feet; thence South 02 degrees 34 minutes 47 seconds West, 97.81 feet; thence South 00 degrees 56 minutes 13 seconds East, 154.19 feet to the north line of the exception of the Landowner’s Property and there terminating. 

Description of Temporary Construction Easement 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying easterly of Line A and westerly of Line B, said lines are described as follows: 

Line A: 

Commencing at the Northwest Corner of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 56 minutes 13 seconds East, assumed bearing along the west line thereof, 198.03 feet; thence South 89 degrees 51 minutes 16 seconds East, along the north line and it’s westerly extension of the Land Owner’s property, 48.13 feet to the point of beginning of the line to be described; thence South 00 degrees 56 minutes 13 seconds East, 122.93 feet; thence South 02 degrees 34 minutes 47 seconds West, 97.81 feet; thence South 00 degrees 56 minutes 13 seconds East, 154.19 feet to the north line of the exception of the Landowner’s Property and there terminating. 

Line B: 

Commencing at the Northwest Corner of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 56 minutes 13 seconds East, assumed bearing along the west line thereof, 198.03 feet; thence South 89 degrees 51 minutes 16 seconds East, along the north line and it’s westerly extension of the Land Owner’s property, 84.02 feet to the point of beginning of the line to be described; thence South 00 degrees 56 minutes 13 seconds East, 48.56 feet; thence South 89 degrees 03 minutes 47 seconds West, 22.00 feet; thence South 00 degrees 56 minutes 13 seconds East, 325.52 feet to the north line of the exception of the Landowner’s Property and there terminating. 

AND 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying easterly of the easterly Right of Way line of Trunk Highway No. 3 and northerly and westerly of the following described line: Commencing at the Northwest Corner of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 56 minutes 13 seconds East, assumed bearing along the west line thereof, 842.18 feet; thence North 89 degrees 03 minutes 47 seconds East, 50.01 feet to the point of beginning of the line to be described; thence continue North 89 degrees 03 minutes 47 seconds East, 10.84 feet; thence North 00 degrees 56 minutes 13 seconds West, 59.78 feet to the south line of the exception of the Landowner’s Property and there terminating. 

Parcel 8 (“Wille”) - PID: 20-00500-51-020

LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY 

Part of the SW ¼ of Section 5, Township 27N, Range 22W., described as follows: - Beginning at a point on the West line of the Southwest Quarter (SW ¼), said point being 573.69 feet South of the NW corner thereof; thence Easterly at right angle to said West line 521.78 feet; thence Southerly at right angle to the last described line 208.71 feet; thence Westerly at right angle to the last described line 521.78 feet to the West line of said SW ¼; thence Northerly along said West line 208.71 feet to the point of beginning, together with a 20 feet easement for a driveway lying Southerly of and adjacent to the South line of the aforedescribed parcel, Dakota County, Minnesota. 

Abstract Property

Parcel 8 (“Wille”)

LEGAL DESCRIPTION OF EASEMENT AREA 

Description of Temporary Construction Easement 

A temporary easement for construction purposes over, under, and across a portion of the Landowner’s Property, lying easterly of the easterly Right of Way line of Trunk Highway No. 3 and westerly of the following described line: Commencing at the Northwest Corner of the North Half of the West Half of the Southwest Quarter of Section 5, Township 27, Range 22, Dakota County, Minnesota; thence South 00 degrees 56 minutes 13 seconds East, assumed bearing along the west line thereof, 573.69 feet to the Northwest Corner of the Landowner’s Property; thence North 89 degrees 03 minutes 47 seconds East, along the north line of the Landowner’s Property, 56.01 feet to the point of beginning of the line to be described; thence South 00 degrees 56 minutes 13 seconds East, 208.71 feet to the south line of said Landowner’s Property and there terminating.

(South-West Review: Mar. 25, Apr. 1, 8, 2018)

____32Parcel 6 (“Peltier”)DEPICTION OF EASEMENT AREAS38Parcel 7 (“Lund”)DEPICTION OF EASEMENT AREAS33Parcel 7 (“Lund”)InterestNameAddress and Telephone NumberFee OwnerThomas C. Lund and Deborah L. Lund, husband and wifeThomas C. Lund6680 South Robert TrailInver Grove Heights, MN 55077Deborah L. Lund6680 South Robert TrailInver Grove Heights, MN 55077Easement InterestCounty of DakotaCounty of DakotaAttn: TransportationWestern Services Center14955 Galaxie Ave # 335Apple Valley, MN 55124Easement InterestClyde Wille and Sandra Wille, husband and wifeClyde Wille6570 South Robert TrailInver Grove Heights, MN 55077Sandra Wille6570 South Robert TrailInver Grove Heights, MN 55077Lease InterestSprint Spectrum L.P., a Delaware limited partnershipSprint Spectrum L.P.c/o Corporation Service Company2345 Rice Street, Suite 230Roseville, MN 55113Lease InterestSTCFive LLC, a Delaware limited liability companySTC Five LLCc/o Corporation Service Company2345 Rice Street, Suite 230Roseville, MN 55113Lease InterestGlobal Signal Acquisitions II LLC, a Delaware limited liability companyGlobal Signal Acquisitions II LLCc/o C T Corporation System Inc.1010 Dale Street NorthSt Paul, MN 55117Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 5503339Parcel 8 (“Wille”)InterestNameAddress and Telephone NumberFee OwnerClyde Wille and Sandra Wille, husband and wifeClyde Wille6570 South Robert TrailInver Grove Heights, MN 55077Sandra Wille6570 South Robert TrailInver Grove Heights, MN 55077MortgageU.S. Bank National Association, a national banking associationU.S. Bank National AssociationAttn: Legal Department800 Nicollet Mall, 21st FloorMinneapolis, MN 55402Easement InterestCounty of DakotaCounty of DakotaAttn: TransportationWestern Services Center14955 Galaxie Ave # 335Apple Valley, MN 55124Easement InterestThomas C. Lund and Deborah L. Lund, husband and wifeThomas C. Lund6680 South Robert TrailInver Grove Heights, MN 55077Deborah L. Lund6680 South Robert TrailInver Grove Heights, MN 55077Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, andall others claiming any interest in the property described below.27Parcel 5 (“Nichols”)DEPICTION OF EASEMENT AREAS34Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, andall others claiming any interest in the property described below.28Parcel 6 (“Peltier”)InterestNameAddress and Telephone NumberFee OwnerThomas L. Peltier, a single personThomas L. Peltier6520 South Robert TrailInver Grove Heights, MN 55077Easement InterestCounty of DakotaCounty of DakotaAttn: TransportationWestern Services Center14955 Galaxie Ave # 335Apple Valley, MN 55124Property TaxesCounty of DakotaCounty of Dakotac/o Joel T. BeckmanDakota County Treasurer/Auditor1590 Highway 55Hastings, MN 55033Possible Unknown Real Property Interest OwnersAll other parties unknown having any right, title or interest in the real property described below, together with the unknown heirs or devisees, if any, of the parties that may be deceased and including unknown spouses, if any, and all others claiming any interest in the property described below.42Parcel 8 (“Wille”)DEPICTION OF EASEMENT AREA

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