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Home My WebLink About[03] Administrative Subdivision Request Material CITY OF ST. JOSEPH PO BOX 585 PO BOX 668 St. Joseph MN 56374 St. Joseph MN 56374 320-363-8825 320-363-7201 Jweyrens@cityofstjoseph.com MEETING DATE: September 13, 2016 AGENDA ITEM: Administrative Subdivision Request PREVIOUS BOARD ACTION: N/A BACKGROUND INFORMATION: Stearns County Environmental Services has received a request to complete an administrative subdivision as requested by Stearns County. The proposed subdivision request would sever approximately 4.00 acres from a portion of the S ½ NW ¼ , Section 11, St. Joseph Township (124/29) lying northerly of Ridgewood Road. The subdivision is being requested to allow the sale of the property to Stearns County to extend the Wobegon Trail. Note: At the time of preparing the packet the new legal for Parcel B was not available, it will be updated as soon as we receive. ATTACHMENTS: Request for Board Action Administrative Subdivision Request Survey Stearns County Environmental Staff Report Certificate of Compliance Declaration of Restrictions Quit Claim Deed Wobegon Trail Exhibit REQUESTED BOARD ACTION: Authorize the execution of the required documents to complete the subdivision as requested. This page intentionally left blank TOWNSHIP OF SANT JOSEPH CITY OF ST.JOSEPH PO BOX 585 PO BOX 668 St.Joseph MN 56374 St.Joseph MN 56374 320-363-8825 320-363-7201 jweyrens@cityofstjoseph.com Notice of Public Hearing NOTICE IS HEREBY GIVEN that the Joint Planning Board of St. Joseph Township and the City of St. Joseph will be conducting a public hearing on Tuesday, September 13, 2016 at 7:00 PM in the St. Joseph City Hall, 25 College Ave N. The purpose of the hearing is to consider an administrative subdivision to split approximately 4 acres for non-building purposes submitted by Stearns County, St. Cloud, MN on behalf of Burlington Northern, Fort Worth, TX. The request for administrative subdivision is in accordance with Stearns County Subdivision Ordinance 9230 and according to the Memorandum of Understanding between the City of St. Joseph, Township of St. Joseph and Stearns County. The administrative subdivision is located in part of the S1/2 NW 1/4, Section 11, St. Joseph Township (124/29) lying northerly of Ridgewood Road. Publish: August 31, 2016 1 l Staff Contact: Date: Subdivision#: �501 APPLICATION AND PROCEDURES FOR ADMINISTRATIVE SUBDIVISION Environmental Services Department Administration Center Rm 343 -705 Courthouse Square-St. Cloud,MN 56303 320-656-3613 or 1-800-450-0852 -Fax 320-656-6484 *It is stron 1 recommended that a licants meet with staff to discuss ro osed land subdivisions.* Property Owner Stearns County on Behalf of Burlington Northern Phone (320)656-3904 Email steve.holthaus@co.stearns.mn.us Mailing Address 705 Courthouse Square, St.Cloud MN 56303 Parcel I.D.Number 31.214�9.0012 Township St.Joseph Township Section 11 &12 Legal Description That part of Railroad Corridor lying in Section 11 & 12 Is property to be subdivided Torrens? �/ NO YES Type of Administrative Subdivision: �/ 4.1 Non Building 4.2 Building Sites>20 acres 4.3 Government Lot 4.4 Quarter Quarter 4.5 Boundary Line Correction 4.6 Attachment 4.7 Sewage Treatment System Comments: Submission Requirements: D �'r-�/�� Certificate of Survey—Electronic version in a PDF format �-.::,,l.t:=`r��1/j�`"'�� / Boundary line survey of tract to be subdivided ��! � A 't_�1I� �/ Legal description of tract to be subdivided ��' '�.� Z�j'�� / Calculate the area of the tract to be subdivided �NV/��,�,`�,��q f �/ Show the location of all buildings relative to the tract to be subdivided �� r,_ �/ Show distances of buildin s to ro lines v�F�CFS g P P�Y Access Easement Other Declaration of Restriction-A sample format will be provided. ZONING (per Ordinance 439): Certificate of Transfer of Development Rights and Declaration of Restriction SUBDNISION(per Ordinance 230): ✓ Declaration of Restriction for Conveyance for Non-Building Purposes Declaration of Restriction for Conveyance for Sewage System Installation Deed—One or more deeds will be required for all land transactions. Attachments: (1) Legal description of the lot,parcel or tract that will be attached; (2) Legal description of the lot,parcel or tract that(1)will be attached to;and (3) The deed shall state,"The subdivision is for the purpose of attachment,and the lot,parcel or tract to be attached,together with the lot,parcel or tract to which it is being attached shall,upon attachment, be considered as one lot,parcel or tract." Non-Building �/ Building Sites>20 acres _ Government Lot _ '/, '/. _ Sewage Treatment System Residual: Legal description of the residual lot. Boundary Line Correction: (1) Legal description of boundary line conection (2) Statement that the purpose on the deed is for boundary line correction Other Certificate of Compliance—Some township require a certificate of compliance for administrative subdivisions. Township requirement? NO YES Township: St.Joseph Township Other pocuments Access Easement: Minixnum width shall be 33', shall be granted for roadway and utility purposes,must be perpetual,be binding upon the heirs,successors and assigns,have a defined legal description,contain provisions for construction,maintenance,repair, alteration and contain provisions for enforceability by the grantor/grantee. For Boundary Line Correction,include documentation from a land surveyor,title company,attorney or other qualified professional detailing the fact why the boundary line correction is warranted. Highway Certificate to be recorded if subdivision is adjacent to State Highway or County Road(County to obtain if applicable) Subsurface Sewage Treatment System Other: Park Dedication fee required? NO YES Amount: $ Receipt# Stearns County Assessor review (required prior to submittal to Environmental Services) . Date: Assessor Signature: REVIEW PROCESS Submit all required documents to Environmental Services. Allow 7 to 10 business days for application review. Documents do not need to be signed and notarized before staff review. If one or more documents do not meet ordinance requirements, the application will be considered incomplete. The document(s)will be returned to the applicant for revision. When all documents meet ordinance requirements and the park dedication fee is paid(if applicable), administrative subdivision approval can be issued. Recorder's Office • Submit all required documents. Deeds and Declarations of Restrictions must be signed and notarized • Submit the administrative subdivision approval • Submit a copy of the Certificate of Survey(if a survey is required) • Pay recording fees Auditor's Office • Reviews all documents,the subdivision approval and the Certificate of Survey(if one was required) • Certifies that all property taxes are paid in full for the parcel subject to the subdivision • Establishes parcels in the t�system **Administrative subdivisions in Le Sauk Township are not subject to Environmental Services review unless the proposed subdivision is within the shoreland overlay district.** I,the undersigned, agree that I am the owner of the above-described property or am a representative of the owner of the property. Additionally,I have snbmitted all the required documents with this application. � ��----'� ��W� p,�,.kg� 1 � �� 1 t� Applicant's Signature(or Representative) Date Application Fee: $ Receipt#: . 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The request is in accordance with Section 4.1 of Stearns County Subdivision Ordinance#230 and according to the Memorandum of Understanding between the City of St.Joseph,Township of St.Joseph and Stearns County. SITE INFORMATION Location of Property: The property under consideration is in part of the 51/2 NW1/4,Section 11,St.loseph Township(124/29) lying northerly of Ridgewood Road. Zoning:lndustrial Areas of Concern: The property is not within any areas of concern. Access: Access is from Ridgewood Road. Setbacks: All setbacks are met to the new proposed property lines. SUBDIVISION ORDINAMCE REQUIREMENTS 1. Certificate of survey—enclosed 2. Deed to complete the transfer—enclosed 3. Completed application—enclosed 4. Declaration of Restrictions for Conveyance for Non-building Purposes—enclosed SUMMARY The proposed administrative subdivision complies with Stearns County Subdivision Ordinance#230 and Land Use and Zoning Ordinance#439. *NOTE: Stearns County does not charge fees to other County Departments for permits or other approvals. Therefore,if it is the desire of the JPB to collect the$500 fee from the County,an invoice can be sent to Steve Holthaus in the County Auditor's Office. Attachments: County Subdivision approval Application Aerial photo Survey Deed Declaration P R y Stearns County Environmental Services . Administrative Subdivision Approval -(S0188) 705 Courthouse Square Administrative Center Rm 343 St. Cloud, Minnesota 56303 (320)656-3613 or 1-800-450-0852 Parcel Number: 31.21499.0012 Section: Twp: Range: Quarter Section: NW Quarter/Quarter: Government Lot: Property Owner Name: BURLINGTON NORTHERN INC BURLINGTON NORTHERN SANTA FE Type of Subdivision: Non-Building 2 Copies of Survey(must be submitted Yes with deed): � Township Certificate of Compliance: Required Declaration of Restriction-Subdivision Non Buildable Declaration of Restriction-Zoning Not Applicable Road Certificate: N/A Residual Deed: N/A Comments: Approval is to split property per Stearns County Certificate of Survey#193. Approval is contingent on approval from the City of St. Joseph/St. Joseph Township Joint Planning Board. This conveyance will meet the provisions of the Stearns County Subdivision and Zoning Ordinances,provided all of the documents, as required above are submitted. Note: Ija certtffcate of survey is required for this subdivision,tJ�e survey,includfng legal descrlptlon,must be sub»utted with the deed(s). In addition,this approval jorm must be subnitttted wlth the deed(s). Heidi Winskowski 08/22/2016 Environmental Services Approval Date Receipt#: Intemal#: S0188 Expiration 08/22/2017 Date: CERTIFICTE OF COMPIANCE To: Stearns County Auditor’s Office The undersigned Clerk of the St. Joseph Joint Planning Board does hereby certify that the Joint Planning Board for the City and Township of St. Joseph reviewed and approved at its regular meeting on th the 13 day of September, 2016, an administrative lot split of the following described property: All that portion of The Burlington Northern and Santa.Fe Railway Company's (formerly Great Northern Railway Company) 100 foot wide Collegeville to St. Cloud, Minnesota Branch Line right of way, being 50 feet wide on each side of said Railway Company's Main Track centerline as originally located and constructed upon, over and across the Southwest Quarter of the Northwest Quarter and the th Southeast Quarter of the Northwest Quarter of Section 11, Township 124 North, Range 29 West of the 5 'Principal Meridian, Stearns County, Minnesota, bounded on the West by a line drawn at right angles to said Main Track centerline at a point therein distant 350.00 feet Easterly of the West line of said Section 11, as measured along said Main Track centerline and bounded on the East by a line drawn at right angles to said Main Track centerline at a point therein distant 2199.35 feet Easterly of the West line of said Section 11, as measured along said Main Track centerline. The lot split results in the following two parcels: PARCEL A All that portion of The Burlington Northern and Santa.Fe Railway Company's (formerly Great Northern Railway Company) 100 foot wide Collegeville to St. Cloud, Minnesota Branch Line right of way, being 50 feet wide on each side of said Railway Company's Main Track centerline as originally located and constructed upon, over and across the Southwest Quarter of the Northwest Quarter and the th Southeast Quarter of the Northwest Quarter of Section 11, Township 124 North, Range 29 West of the 5 'Principal Meridian, Stearns County, Minnesota, bounded on the West by a line drawn at right angles to said Main Track centerline at a point therein distant 350.00 feet Easterly of the West line of said Section 11, as measured along said Main Track centerline and bounded on the East by a line drawn at right angles to said Main Track centerline at a point therein distant 2199.35 feet Easterly of the West line of said Section 11, as measured along said Main Track centerline. Less and Except: That part of the above described property lying easterly, southerly, and southwesterly of a line to be described as follows: Beginning at the northwest corner of Lot 2, Block 1,Neu Addition, according to the recorded plat thereof, Steams County, Minnesota, which is located on the southerly line of the above mentioned Branch Line right of way; thence NO5°04'20"E, a distance of 32.00 feet; thence S84°55'40"E, perpendicular to last described line, a distance of 279.53 feet, thence along a tangential curve, concave to the southwest, a distance of 53.12 feet, delta of 37°06'S9", and radius of 82.00 feet; thence along a reverse curve, concave to the northeast, a distance of 31.33 feet, delta of 15°12'43", and a radius of 118.00 feet, to the north line of said Lot 2, also being the southerly line of said Branch Line right of way PARCEL B The above transfers will be in compliance with the Stearns County Ordinance contingent upon the following: 1. The administrative subdivision is being requested to extend the Wobegon Trail east from CR 133 to St. Cloud 2. This Certificate for administrative subdivision is for the exclusive use for a trail with no building entitlements. Dated this day of , 2012 ST. JOSEPH JOINT PLANNING BOARD By Rick Schultz, Chair ATTEST By Judy Weyrens, Administrator 31.21449.0012 Parcel Identi�cation Number DECLARATION OF RESTRICTIONS FOR CONVEYANCE FOR NON-BUILDING PURPOSES THIS Declaration of Restrictions for conveyance for non-building purposes "Declaration" is made this day of 20 by the undersigned "Declarants". WHEREAS, Countv of S#eams , a political subdivision of the State of Minnesota , hereinafter referred to as the "Declarants", are the fee owners of the following described property: See legal description attached as Exhibit A WHEREAS, Section 4.1 of Steams County Subdivision Ordinance Number 230, or successor ordinances, allows conveyances by metes and bounds description, provided the conveyance does not create additional building,site density. NOW, THEREFORE, the Declarants make the following declaration of restrictions. The restrictions described below shall run with the land and sha11 be binding on a11 parties and all persons claiming under them: 1. That this conveyance is for a purpose other than to create a building site. Therefore, use of the property described herein, or any part thereof as a building site shall be prohibited. BE IT FURTHER RESOLVED that: 1. This Declaration shall remain in effect unless the property described herein meets all provisions of Sections 4.1, 4.2 or 5, whichever is applicable, of Stearns County Subdivision Ordinance Number 230; or successor ordinances. 2. This Declaration shall be enforced by Stearns County. IN WITNESS WHEREOF, the Declarants have executed this Declaration on the date � and year above written. DECLARANTS Name: Steven L. Notch Chair of the Steams County Board of Commissioners State of Minnesota ss . County of Stearns The foregoing instrument was acknowledged before me this day of , 20 by � �!«tt�r�al �t�n4�� c�� ;�c,��T Signature of Notary This instrument drafted by: Stearns County 705 Courthouse Square St. Cloud, MN 56303 Exhibit A All that portion of The Burlington Northern and Santa.Fe Railway Company's (formerly Great Northern Railway Company) 100 foot wide Collegeville to St. Cloud, Minnesota Branch Line right of way, being 50 feet wide on each side of said Railway Company's Main Track centerline as originally located and constructed upon, over and across the Southwest Quarter of the Northwest Quarter and the Southeast Quarter of the Northwest Quarter of Section 11, Township 124 North,Range 29 West of the 5�'Principal Meridian, Stearns County,Minnesota, bounded on the West by a line drawn at right angles to said Main Track centerline at a point therein distant 350.00 feet Easterly of the West line of said Section 11, as measured along said Main Track centerline and bounded on the East by a line drawn at right angles to said Main Track centerline at a point therein distant 2199.35 feet Easterly of the West line of said Section 11, as measured along said Main Track centerline. Less and Except: That part of the above described property lying easterly, southerly, and southwesterly of a line to be described as follows: Beginning at the northwest corner of Lot 2, Block 1,Neu , Addition, according to the recorded plat thereof, Steams County,Minnesota,which is located on the southerly line of the above mentioned Branch Line right of way; thence NOS°04'20"E, a distance of 32.00 feet;thence S84°55'40"E, perpendicular to last described line,a distance of 279.53 feet, thence along a tangential curve, concave to the southwest, a distance of 53.12 feet, delta of 37°06'S9", and radius of 82.00 feet;thence along a reverse curve,concave to the northeast, a distance of 31.33 feet, delta of 15°12'43", and a radius of 118.00 feet,to the north line of said Lot 2, also being the southerly line of said Branch Line right of way. � ", QUITCLAIM DEED BNSF RAILWAY COMPANY, a Delaware corporation, (formerly known as The Burlington Northern and Santa Fe Railway Company and formerly known as Burlington Northern Railroad Company), of 2500 Lou Menk Drive, Fort Worth, Texas 76131-2830, hereinafter called "Grantor", for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, conveys and quitclaims, without any covenants of warranty whatsoever and without recourse to the Grantor, its successors and assigns, to COUNTY OF STEARNS, a political subdivision of the State of Minnesota, whose address for purposes of this instrument is Stearns County Parks, 1802 Co. Rd. 137, Waite Park, Minnesota 56387, hereinafter called "Grantee", all its right, title and interest, if any, in and to that certain parcel of land (exclusive of any improvements thereon), subject, however, to all existing interests, including but not limited to all reservations, rights-of-way and easements of record or otherwise, located in the County of Stearns, State of Minnesota, hereinafter called "Property", being more particularly described on EXHIBIT"A" attached hereto and by this reference made a part hereof. Grantee covenants and agrees as follows: (a) Grantee's interest shall be subject to the rights and interests of Grantor, Grantor's licensees, permittees and other third parties in and to all existing driveways, roads, utilities, fiber optic lines, tracks, wires and easements of any kind whatsoever on the Property whether owned, operated, used or maintained by the Grantor, Grantor's licensees, permittees or other third parties and whether or not of public record. Grantor shall have a perpetual easement on the Property for the use of such existing driveways, roads, utilities, fiber optic lines, tracks, wires and easements by Grantor and Grantor's licensees, permittees and customers. All maintenance and operation of said existing interests shall be in accordance with the applicable Stearns County permitting requirements. Grantor shail have a non-exclusive easement for the construction, maintenance and operation of one or more pipelines or fiber optic lines and any and all communications facilities as may be located in the future on the Property within 60 feet of the center line of any Main Track on or adjacent to the Property and as may be presently located on the Property. (b) Grantee's interest shall be subject to a reservation to Grantor of all coal, oil, gas, casing-head gas and all ores and minerals of every kind and nature including sand and gravel underlying the surface of the Property, together with the full right, privilege and license at any and all times to explore, or drill for and to protect, conserve, mine, take, remove and market any • 4 and all such products in any manner which will not interfere with the use of nor damage structures on the surface of the Property, together with the right of access at all times to exercise said rights. Grantor agrees to abide by the applicable Stearns County permitting requirements prior to exercising any right or activity pursuant to this provision. (c) Any improvements constructed or altered on the Property after the date Grantor quitclaims its interest to Grantee shall be constructed or altered in such a manner to provide adequate drainage of water away from any of Grantor's railroad tracks on nearby property. (d) For 99 years after the Closing Date, Grantee covenants and agrees that the Property shall be used solely for non-residential purposes and that the groundwater will not be used for drinking water or irrigation purposes. (e) Grantee acknowledges and affirms that Grantor may not hold fee simple title to the Property, that Grantor's interest in all or part of the Properry, if any, may rise only to the level of an easement for railroad purposes. Grantee is willing to accept Grantor's interest in the Property, if any, on this basis and expressly releases Grantor, its successors and assigns from any claims that Grantee or its successors may have as a result of an abandonment of the line of rail running over or adjacent to any portion of the Property. In light of Grantor's disclosure that it may not hold a fee interest in all or part of the Property, Grantee agrees to indemnify, defend and hold Grantor harmless from any suit or claim for damages, punitive or otherwise, expenses, attorneys' fees, or civil penalties that may be imposed on Grantor as the result of any person or entity claiming an interest in any portion of the Property or claiming that Grantor did not have the right to transfer all or part of the Property to Grantee. (f) Grantee has been allowed to make an inspection of the Property. GRANTEE IS PURCHASING THE PROPERTY ON AN "AS-IS WITH ALL FAULTS" BASIS W{TH ANY AND ALL PATENT AND LATENT DEFECTS, INCLUDING THOSE RELATING TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY, AND IS NOT RELYING ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER FROM GRANTOR AS TO ANY MATTERS CONCERNING THE PROPERTY, including, but not limited to the physical condition of the Property; zoning status; tax consequences of this transaction; utilities; operating history or projections or valuation; compliance by the Property with Environmental Laws (defined below) or other laws, statutes, ordinances, decrees, regulations and other requirements applicable to the Property; the presence of any Hazardous Substances (defined below), wetlands, asbestos, lead, lead-based paint or other lead containing structures, urea formaldehyde, or other environmentally sensitive building materials in, on, under, or in proximity ta the Property; the condition or existence of any of the above ground or underground structures or improvements, including tanks and transformers in, on or under the Property; the condition of title to the Property, and the leases, easements, permits, orders, licenses, or other agreements, affecting the Property (collectively, the "Condition ofi the Property"). Grantee represents and warrants to Grantor that Grantee has not relied and will not rely on, and Grantor is not liable for or bound by, any warranties, guaranties, statements, representations or information pertaining to the Property or relating BNSF 10832-1 St.Joseph,MN 2 thereto (inciuding specifically, without limitation, Property information packages distributed with respect to the Property) made or furnished by Grantor, the manager of the Property, or any reai estate broker or agent representing or purporting to represent Grantor, to whomever made or � given, directly or indirectly, orally or in writing. Grantee assumes the risk that Hazardous Substances or other adverse matters may affect the Property that were not revealed by Grantee's inspection and indemnifies, holds harmless and hereby waives, releases and discharges forever Grantor and Grantor's officers, directors, shareholders, employees and agents (collectively, "Indemnitees") from any and all present or future claims or demands, and any and all damages, Losses, injuries, liabilities, causes of actions (including, without limitation, causes of action in tort or asserting a constitutional claim) costs and expenses (including, without limitation fines, penalties and judgments, and attorneys' fees) of any and every kind or character, known or unknown, arising from or in any way related to the Condition of the Property or alleged presence, use, storage, generation, manufacture, transport, release, leak, spill, disposal or other handling of any Hazardous Substances in, on or under the Property. Losses sha11 include without limitation (a) the cost of any investigation, removal, remedial, restoration or other response action that is required by any Environmental Law, that is required by judicial order or by order of or agreement with any governmental authority, or that is necessary or otherwise is reasonable under the circumstances, (b) capital expenditures necessary to cause the Grantor remaining property or the operations or business of the Grantor on its remaining property to be in compliance with the requirements of any Environmental Law, (c) Losses for or related to injury or death of any person, (d) Losses for or related to injury or damage to animal or plant life, natural resources or the environment, and (e) Losses arising under any Environmental Law enacted after transfer. The rights of Grantor under this section shall be in addition to and not in lieu of any other rights or remedies to which it may be entitled under this document or otherwise. This indemnity specifically includes the obligation of Grantee to remove, cfose, remediate, reimburse or take other actions requested or required by any governmental agency concerning any Hazardous Substances on the Property. The term "Environmental Law" means any federal, state or local statute, regulation, code, rule, ordinance, order, judgment, decree, injunction or common law relating in any way to human health, occupational safety, natural resources, plant or animal life or the environment, including without limitation, principles of common law and equity, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, and any similar or comparable state or local law. The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious substance, material or waste as defined, listed or regulated under any Environmental Law, and includes without limitation petroleum oil and any of its fractions. The covenants and agreements set forth in paragraphs (a) through (fl, above, shall be binding upon Grantee and its heirs, successors and assigns, and shall be covenants running with the land benefiting Grantor and its heirs, successors and assigns. TO HAVE AND TO HOLD the Property unto the said Grantee, its successors and assigns, forever. BNSF 10832-1 St.Joseph,MN 3 IN WfTNESS WHEREOF, the said Grantor has caused this instrument to be signed by its authorized representative, attested by its Assistant Secretary, and its corporate seal to be affixed hereto on the day of , 2016. BNSF RAILWAY COMPANY, a Delaware corporation By: Its: ATTEST: By: Tammy K. Herndon Its: Assistant Secretary THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. STATE OF TEXAS § §ss. COUNTY OF TARRANT § The foregoing instrument was acknowledged before me this day of , 2016, by and Tammy K. Herndon, Assistant Secretary of BNSF RAILWAY COMPANY, a Delaware corporation, on behalf of the corporation. Notary Public My commission expires: BNSF 10832-1 St Joseph,MN 4 . . ACCEPTED: COUNTY OF STEARNS, a political subdivisian of the State of Minnesota By: Name: Title: STATE OF MINNESOTA § §ss. COUNTY OF STEARNS § The foregoing instrument was accepted before me this day of , 2016, by , the of the COUNTY OF STEARNS, a political subdivision of the State of Minnesota, on behalf of the political subdivision. Notary Public My commission expires: This Instrument Prepared by: BNSF Railway Company LAW Department 2500 Lou Menk Drive,AOB 3 Fort Worth, Texas 76131-2830 State deed tax due hereon$ Tax statements for the real Property described in this instrument should be sent to: County of Stearns Stearns County Parks 1802 Co. Rd. 137 . Waite Park, MN 56387 BNSF 10832-1 St.Joseph,MN 5 EXHtBIT "A" LEGAL DESCRIPTION All that portion of The Burlington Northern and Santa Fe Railway Company's(formerly Great Northern Railway Company) 100 foot wide Collegeville to St. Cloud, Minnesota Branch Line right of way, being 50 feet wide on each side of said Railway Company's Main Track centerline as originally located and constructed upon,over and across the Southwest Quarter of the Northwest Quarter and the Southeast Quarter of the Northwest Quarter of Section 11,Township 124 North, Range 29 Vlyest of the 5`h Principal Meridian,Stearns County, Minnesota,bounded on the West by a line drawn at right angles to said Main Track centerfine at a point therein distant 350.00 feet Easterly of the West iine of said Section 11,as measured along said Main Track centerline and bounded on the East by a line drawn at right angles to said Main Track centerline at a point therein distant 2199.35 feet Easterly of the West(ine of said Section 11, as measured along said Main Track centerline. Less and Except: That part of the above described property lying easterly, southerly,and southwesterly of a line to be described as follows: Beginning at the northwest corner of Lot 2, Block 1, Neu Addition,according to the recorded plat thereof,Stearns County, Minnesota,which is located on the southerly line of the above mentioned Branch Line right of way;thence N05°04'20"E, a distance of 32.00 feet;thence S84°55'40"E, perpendicular to last described line,a distance of 279.53 feet,thence along a tangential curve, concave to the southwest, a distance of 53.12 feet,delta of 37°06'S9",and radius of 82.00 feet; thence along a reverse curve, concave to the northeast,a distance of 31.33 feet,delta of 15°12'43",and a radius of 118.00 feet,to the north line of said Lot 2,also being the souther{y line of said Branch Line right of way. FORM APPROVED BY LAW APPROVED DESCRIPTION APPROVED FORM APPROVED BNSF 10832-1 St.Joseph,MN 6 Capital Budget Request FY 2014 Stearns County Parks Construction of Saintly Seven Trail Segment - 3.2 miles of Lake Wobegon Trail from St. Joseph, through St. Joseph Township and St. Cloud into Rivers Edge Park in Waite Park.) St.Joseph Trailhead -Parking -Restrooms _'iSLna 1ti'ot�y^.. Proposed Waite Park Tra I Wobegon Trailhead Trail -Parking -Restrooms i JOSEPH TWP Future Wobegon Trait > 1 to St Cloud W To Beaver `+.S` Islands Trail Harold P- -.ss J Nelson Trail f0 Glc. J Project Site Level Map N Existing Trail +a Proposed Lake Wobegon Trail Extension 0 1 Waite Park Segment Wobegon Trail Miles Mrt r Dtv%M or Estimated Cost $3,000,000 - Funding Possibilities: Legacy Funds $1,250,000 approved Federal TAP Funds $ 922,678 approved $ 10,000 St. Joseph Township $ 8,000 Community Foundation Federal Rec Tr Grant $ 150,000 approved TOTAL COMMITTED $2,340,678 St. Joseph 20% of project in St. Joseph Waite Park 6% of project and half of bridge is in Waite Park St. Cloud 35% of project is in St. Cloud Stearns County 39% of project is not in a city jurisdiction Amount still needed $659,322 Wobegon Joe WP local 2014