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IV.4. Approve Temporary Easement Agreements between the City and the Metropolitan Council - SWLRT Project; StadlerGITY OF I* HOPKINS August 16, 2018 Council Report 2018-096 Approve Temporary Easement Agreements between the City and the Metropolitan Council — SWLRT Project Proposed Action. Staff recommends adoption of the following motions: 1. Move that Council approve the temporary easement agreement for parcels P4000 P5000 " P5001 and P5002 and authorize the Mayor and City Manager to sign the agreement. 2. Move that Council approve the temporary easement agreement for parcels P4002 P4003 and P4004 and authorize the Mayor and City Manager to sign the agreement subject to the city receiving formal consent/authorization from the MPCA. Overview. The SWLRT project office is seeking temporary construction easements over City owned property to provide access for construction equipment and/or provide areas adjacent to the light rail tracks to facilitate the installation and construction of the LRT project and associated improvements. The areas include around the periphery of the landfill area, the 17th Ave/Excelsior Blvd intersection and the city -owned. property along the south side of Excelsior Blvd between Hwy 169 and 8th Ave S. The MPCA authorization mentioned in,the second motion is expected but has not been received. The term of the easements are from August 31, 2018 through June 1, 2023, with one 6 - month extension possible.. The City Attorney has negotiated the easement agreement language with Metropolitan Council and the MPCA and. recommends City Council approval. Supporting Information • op sed Ea ment Agreements Steven J. Stadler Public Works Director Financial Impact: $ 0.0 Budgeted: n/a Related documents (CIP, ERP, etc.): Notes: PARCELS P4000, P5000, P5001, P5002 TEMPORARY EASEMENT AGREEMENT THIS TEMPORARY EASEMENT AGREEMENT (this "Agreement") is made and entered into this day of 2018, by and between the CITY OF HOPKINS, a Minnesota municipal corporation ("Grantor"), and the METROPOLITAN COUNCIL, a public corporation and political subdivision under the law of the State of Minnesota ("Grantee"). This Agreement sometimes refers to Grantor and Grantee individually as a "Party" and collectively as the "Parties." WITNESSETH: WHEREAS, Grantor is the fee owner of the real property that is legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the Grantee intends to construct, operate and maintain a light rail transit system (the "LRT') over, under and across a portion of the Property. NOW THEREFORE, in consideration for the mutual promises made herein, the Parties agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee, its agents, permitees, successors and assigns, the following described easement: a. Temporary Construction Easement. A temporary, non-exclusive construction easement over, under and across that part of the Property depicted on the attached Exhibit B (the "Temporary Easement Area") to -locate, install and construct the LRT and its associated improvements. Subsequent to the commencement date of the Temporary Easement, as written below, and until such Temporary Easement has expired, Grantor, its heirs, successors and assigns, shall not erect, construct, or create any building, improvement, obstruction, perpendicular utility crossing, or structure of any kind, either above or below the surface of the Temporary Easement or plant any trees, or stockpile construction debris or construction equipment, or change the grade thereof of the Temporary Easement without the express written permission of the Grantee. 2. Term of Temporary Easement. The Temporary Easement defined above shall commence on August 31, 2018 and, subject to paragraph 3 below, expire on June 2, 2023. 3. Extension Option of Temporary Easement. With respect to the expiration date above, the Grantee shall have the option to extend the term of the Temporary Easement for up to one (1) six (6) -month period. Such option for extension shall be exercised by written notice from Grantee delivered to Grantor not less than fourteen (14) days prior to the expiration of the term of the Temporary Easement. 518062v6 HP145-18 4. Restoration of Temporary Easement Area. Prior to the expiration date of the Temporary Easement, Grantee shall restore the Temporary Easement Area by matching the original surface grade as far as reasonably practicable and restoring all surfaces to like condition, either grass seeding or sodding or either paved or gravel surface, as the case may be. Grantee shall promptly repair and replace any portion of the Property and any landscaping or other improvements thereto which may be damaged or destroyed in connection with the exercise of the Temporary Easement by Grantee, its contractors, agents, and employees. 5. Indemnification. Grantee agrees to indemnify, save harmless, and defend Grantor and its officers and employees, from and against any and all claims, actions, damages, liability and expense in connection with personal injury or damage to the Property arising from or out of any occurrence in, upon or at the Property caused by the act or omission of Grantee, its contractors, agents, and employees in exercising the rights granted herein, except (a) to the extent caused by the negligence, gross negligence, willful misrepresentation or any willful or wanton misconduct by Grantor, its officers, employees, agents or contractors; and (b) to the extent caused by a "Pre -Existing Condition" as defined in this paragraph 5. "Pre -Existing Condition" shall mean any condition caused by the existence of hazardous substances or materials in, on, or under the Property, including without limitation hazardous substances released or discharged into the drainage systems, soils, groundwater, waters or atmosphere, which condition existed as of the date of this Agreement and became known or was otherwise disclosed or discovered by reason of Grantee's entry onto the Property. Nothing contained in this Agreement shall be construed as a waiver by the Parties of any limitations on liability contained in Minnesota Statutes, Chapter 466. 6. Covenant of Ownership. Grantor covenants that it is the lawful owner and is in lawful possession of the Property and has lawful right and authority to convey and grant the Temporary Easement. 7. Notices and Demands. All notices, requests, demands, consents, and other communications required or permitted under this Temporary Easement shall be in writing and shall be deemed to have been duly and properly given three (3) business days after the date of mailing if deposited in a receptacle of the United States mail, first class postage prepaid, addressed to the intended recipient as follows: Grantor: City of Hopkins 1010 First Street South Hopkins, MN 55343 Attn: City Manager Grantee: Metropolitan Council 390 Robert Street North St. Paul, MN 55101-1805 Attn: Real Estate Office 8. Termination or Amendment of Temporary Easement. The Temporary Easement declared, granted, established and conveyed herein are temporary in nature and may be terminated or amended only by an agreement in writing signed by both Parties, or 2 518062v6 BP145-18 their successors and assigns, or in accordance with the expiration dates and terms contained herein. 9. Miscellaneous. a. Further Actions. The Parties agree to execute and deliver all further documents and take all further actions reasonably necessary or appropriate to effectuate the purposes of this Agreement. b. Time of the Essence. Time is of the essence of each provision in this Agreement where time is a factor. C. Waiver. No waiver of any provision of this Agreement shall be binding unless executed in writing by the Party making the waiver. No waiver of any provision of this Agreement shall be deemed to constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver unless the written waiver so specifies. d. Binding Covenants. The provisions herein shall be deemed covenants that run with the land, and shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. e. Governing Law. This Agreement has been made under the laws of the State of Minnesota and such laws shall control its interpretation. f. Counterparts. This Agreement and any amendments to this Agreement may be executed in counterparts, each of which shall be fully effective and all of which together shall constitute one and the same instrument. g. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. h. No Presumption against Drafter. This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with herein. Accordingly, this Agreement shall be interpreted to achieve the intents and purposes of the Parties, without any presumption against the Party responsible for drafting any part of this Agreement. [signature pages to follow] 3 518062v6 HP145-18 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first set forth above. METROPOLITAN COUNCIL, a public corporation and political subdivision under the laws of the State of Minnesota, By: Title: Regional Administrator STATE OF MINNESOTA ) ss COUNTY OF RAMSEY ) I, the undersigned, a Notary Public in and for Ramsey County, Minnesota, do hereby certify that , the Regional Administrator of the Metropolitan Council, a public body appeared before me this day in person and acknowledged that he signed and delivered said instrument on behalf of said public body. Given under my hand and official seal this Notary Public This instrument drafted by: Office of the General Counsel Metropolitan Council 390 North Robert Street Saint Paul, MN 55101 4 5180620 HP145-18 day of , 201_. CITY OF HOPKINS, a Minnesota municipal corporation, By: Molly Cummings Title: Mayor By: Michael Mornson Title: City Manager STATE OF MINNESOTA ) ss COUNTY OF HENNIPIN ) I, the undersigned, a Notary Public in and for County, Minnesota, do hereby certify that Molly Cummings and Michael Mornson, the Mayor and the City Manager of the City of Hopkins, a Minnesota municipal corporation, appeared before me this day in person and each acknowledged that she signed and delivered said instrument on behalf of said corporation. Given under my hand and official seal this Notary Public 5 518062v6 HP145-18 day of 201_. EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY P4000 - P.I.D - 24-117-22-33-0005 All that part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 117, Range 22, described as follows: Beginning at a point in the extension Southerly of the East line of 15th Avenue as laid out in the plat of West Minneapolis Second Division, said point being 638.27 feet South of the South line of Excelsior Avenue; thence West to a point in the extension Southerly of the center line of 16th Avenue as laid out in the plat of Gibbs First Addition to West Minneapolis, Hennepin County, Minnesota, distant 638.27 feet South of the South line off said Excelsior Avenue; thence North along the Southerly extension of the centerline of 16th Avenue a distance of 30 feet; thence West to a point in the West line of said Section 24 distant 608.12 feet South of the South line of Excelsior Avenue; thence South along said West line to the Southwest comer of said Section 24; thence East along the South line of said Section 24 to the intersection with the Southerly extension of the East line of said 15th Avenue; thence North along said extended East line of 15th Avenue to the point of beginning, except the Southerly 100 feet thereof and subject to easement for street purposes over the West 30 feet of the above described tract. A-1 518062v6 HP145-18 P5000 -PID 24-117-22-43-0161, P.I.D. 24-117-22-43-0139, P.I.D. 24-117-22-44-0023 That part of the South Half of the Southeast Quarter of Section 24, Township 117, Range 22 described as follows: Beginning at the intersection of the Southerly right-of-way line of County Road Number 3, as shown in Book 4 of Highway Plats, Page 4, office of the County Recorder, with the Southerly right-of-way line of the Chicago and North Western Transportation Company, formerly The Minneapolis & St. Louis Railway Company; thence Southwesterly 249.23 feet along the Southerly right-of-way line of said County Road Number 3, which right-of-way line is a curved line concave to the Northwest having a radius of 1860.08 feet, a central angle of 7 degrees 40 minutes 37 seconds and an assumed chord bearing of South 66 degrees 17 minutes 41 seconds West; thence South 70 degrees 08 minutes West along the Southerly right-of-way line of said County Road Number 3 a distance of 1224.29 feet, said line hereinafter referred to as line "A'; thence Westerly on a tangential curve to the right along the Southerly right-of-way line of County Road Number 3 a distance of 971.08 feet, said curve having a radius of 2814.77 feet and a central angle of 19 degrees 46 minutes; thence South 89 degrees 54 minutes West along the Southerly right- of-way line of County Road Number 3, which line is hereinafter referred to as line "B" to its intersection with the Northerly extension of the East line of Registered Land Survey No. 1316; thence Southerly along said extension and along said East line to its intersection with a line drawn parallel with and 100.00 feet Southerly from said line "B"; thence North 89 degrees 54 minutes East along said parallel line and its extension to the intersection with a line drawn parallel with and 76.00 feet Southeasterly from said line "A' and its Southwesterly extension; thence North 70 degrees 08 minutes East along the last described parallel line and its extension a distance of 2098.14 feet; thence North 60 degrees 15 minutes 48 seconds East a distance of 73.56 feet to a point which is on a line bearing South 76 degrees 51 minutes 15 seconds East and distant 146.95 feet from the beginning; thence along a curve concave to the Northeast, having a radius of 686.62 feet and a central angle of 12 degrees 17 minutes 10 seconds a distance of 147.23 feet to the point of beginning, except that part thereof embraced within the plat of 10417 Associates Addition A-2 518062v6 HP145-18 P5001 - P.I.D. 24-117-22-44-0023 That part of the South Half of the Southeast Quarter of Section 24, Township 117, Range 22 described as follows: Beginning AT THE INTERSECTION OF THE southerly RIGHT OF WAY LINE OF county Road Number 3, as shown in Book 4 of Highway Plats page 4, office of the County Recorder, with the Southerly right of way line of the Chicago and North Western Transportation Company, formerly The Minneapolis & St. Louis Railway Company; thence Southwesterly 249.23 feet along the Southerly right of way line of said County Road Number 3, which right of way line is a curved line concave to the Northwest having a radius of 1860.08 feet, a central angle of 7 degrees 40 minutes 37 seconds and an assumed chord bearing of South 66 degrees 17 minutes 41 seconds West; thence South 70 degrees 08 minutes West along the Southerly right of way line of said County Road Number 3 a distance of 1224.29 feet, said line hereinafter referred to as line "A", thence Westerly on a tangential curve to the right along the Southerly right of Way line of said County Road Number 3 a distance of 971.08 feet, said curve having a radius of 2814.77 feet and a central angle of 19 degrees 46 minutes; thence South 89 degrees 54 minutes West along the Southerly right of way line of County Road Number 3, which line is hereinafter referred to as line "B" to its intersection with the Northerly extension of the East line of Registered Land Survey No. 1316; thence Southerly along said extension and along said East line to its intersection with a line drawn parallel with and 100.00 feet Southerly from said line "B"; thence North 89 degrees 54 minutes East along said parallel line and its extension to the intersection with a line drawn parallel with and 76 feet Southeasterly from said line "A" and its Southwesterly extension; thence North 70 degrees 08 minutes East along the last described parallel line and its extension a distance of 2098.14 feet; thence North 60 degrees 15 minutes 48 seconds East a distance of 73.56 .feet to a point which is on a line bearing South 76 degrees 51 minutes 15 seconds East and distant 146.95 feet from the point of beginning; thence on a curve concave to the Northeast, having a radius of 686.62 feet and a central angle of 12 degrees 17 minutes 10 seconds a distance of 147.23 feet to the point of beginning, excert that part thereof embraced within the plat of 10417 Associates Addition. A-3 518062v6 HP145-18 P5002 - P.I.D. 24-117-22-44-0025 Lot 31, Auditor's Subdivision No. 242, Hennepin County, Minn. That part of the Southeast quarter of Section 24, Township 117, Range 22 described as beginning at the Southeast comer of said Southeast quarter; thence North along the East line thereof to its intersection with the extension of the Southerly line of Tract B, Registered Land Survey No. 396; thence Westerly along said extension and along the Southerly line of said Tract B to the Southeasterly line of the right of way of Chicago, Milwaukee St. Paul and Pacific Railroad Company; thence Southwesterly along said Southeasterly right-of-way line to the South line of said Southeast quarter of the Southeast quarter; thence East to the point of beginning, Comprising Lot 8, Auditor's Subdivision Number 242, Hennepin County Minnesota lying .West of a line described as follows: Commencing at a point in the Northerly boundary line of said Lot 8 distant 152.14 feet Northeasterly from the most Westerly comer of said Lot 8, thence South 15 degrees East a distance of 95.08 feet to the South boundary line of said Lot 8 and there terminating. A-4 518062v6 HP145-18 i 1. 0 X1 1 I li Y I i y F �.1 i 1. 0 X1 1 I 1 I1 �{ mG �• L00 r jt - a = W UU w I °i - !L I {J , 00 W) i t1Y .fib, Ij. 47.41 LLJ Cta ;> 1: qA� C14 ceII 1 ei CO i t1Y .fib, V.E co t1Y .fib, V.E co I 00 W) 47.41 LLJ Cta ;> 1: qA� ei CO iw Vi I 00 W) PARCELS P4002, P4003, P4004 TEMPORARY EASEMENT AGREEMENT THIS TEMPORARY EASEMENT AGREEMENT (this "Agreement") is made and entered into this _ day of , 2018, by and between the CITY OF HOPKINS, a Minnesota municipal corporation ("Grantor"), and the METROPOLITAN COUNCIL, a public corporation and political subdivision under the law of the State of Minnesota ("Grantee"). This Agreement sometimes refers to Grantor and Grantee individually as a "Party" and collectively as the "Parties." WITNESSETH: WHEREAS, Grantor is the fee owner of the real property that is legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the Grantee intends to construct, operate and maintain a light rail transit system (the "LRT') over, under and across a portion of the Property. NOW THEREFORE, in consideration for the mutual promises made herein, the Parties agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee, its agents, permitees, successors and assigns, the following described easement: a. Temporary Construction Easement. A temporary, non-exclusive construction easement over, under and across that part of the Property depicted on the attached Exhibit B (the "Temporary Easement Area") to provide access for the Grantee to locate, install and construct the LRT and its associated improvements adjacent to the Property. Grantee shall use the Property as an access for various construction equipment, vehicles and conveyance of materials and not for long-term storage and laydown. Grantee shall move and clear all vehicles, materials and equipment at the end of each construction work day. Subsequent to the commencement date of the Temporary Easement, as written below, and until such Temporary Easement has expired, Grantor, its heirs, successors and assigns, shall not erect, construct, or create any building, improvement, obstruction, perpendicular utility crossing, or structure of any kind, either above or below the surface of the Temporary Easement or plant any trees, or stockpile construction debris or construction equipment, or change the grade thereof of the Temporary Easement without the express written permission of the Grantee. 2. Term of Temporary Easement. The Temporary Easement defined above shall commence on August 31, 2018 and, subject to paragraph 3 below, expire on June 2, 2023. 3. Extension Option of Temporary Easement. With respect to the expiration date above, the Grantee shall have the option to extend the term of the 523742v2 HP145-18 Temporary Easement for up to one (1) six (6) -month period. Such option for extension shall be exercised by written notice from Grantee delivered to Grantor not less than fourteen (14) days prior to the expiration of the term of the Temporary Easement. 4. Restoration of Temporary Easement Area. Prior to the expiration date of the Temporary Easement, Grantee shall restore the Temporary Easement Area by matching the original surface grade as far as reasonably practicable and restoring all surfaces to like condition, with MPCA's concurrence, either grass seeding or sodding or either paved or gravel surface, as the case may be. Grantee shall promptly repair and replace any portion of the Property and any landscaping or other improvements thereto which may be damaged or destroyed in connection with the exercise of the Temporary. Easement by Grantee, its contractors, agents, and employees. 5. Indemnification. Grantee agrees to indemnify, save harmless, and defend Grantor and its officers and employees, from and against any and all claims, actions, damages, liability and expense in connection with personal injury or damage to the Property arising from or out of any occurrence in, upon or at the Property caused by the act or omission of Grantee, its contractors, agents, and employees in exercising the rights granted herein, except (a) to the extent caused by the negligence, gross negligence, willful misrepresentation or any willful or wanton misconduct by Grantor, its officers, employees, agents or contractors; and (b) to the extent caused by a "Pre -Existing Condition" as defined in this paragraph 5. "Pre -Existing Condition" shall mean any condition caused by the existence of hazardous substances or materials in, on, or under the Property, including without limitation hazardous substances released or discharged into the drainage systems, soils, groundwater, waters or atmosphere, which condition existed as of the date of this Agreement and became known or was otherwise disclosed or discovered by reason of Grantee's entry onto the Property. Nothing contained in this Agreement shall be construed as a waiver by the Parties of any limitations on liability contained in Minnesota Statutes, Chapter 466. 6. Covenant of Ownership. Grantor covenants that it is the lawful owner and is in lawful possession of the Property and has lawful right and authority to convey and grant the Temporary Easement. 7. Notices and Demands. All notices, requests, demands, consents, and other communications required or permitted under this Temporary Easement shall be in writing and shall be deemed to have been duly and properly given three (3) business days after the date of mailing if deposited in a receptacle of the United States mail, first class postage prepaid, addressed to the intended recipient as follows: Grantor: City of Hopkins 1010 First Street South Hopkins, MN 55343 Attn: City Manager Grantee: Metropolitan Council 390 Robert Street North St. Paul, MN 55101-1805 Attn: Real Estate Office 2 523742v2 HP145-18 ( 8. Termination or Amendment of Temporary Easement. The Temporary Easement declared, granted, established and conveyed herein are temporary in nature and may be terminated or amended only by an agreement in writing signed by both Parties, or their successors and assigns, or in accordance with the expiration dates and terms contained herein. 9. Miscellaneous. a. Further Actions. The Parties agree to execute and deliver all further documents and take all further actions reasonably necessary or appropriate to effectuate the purposes of this Agreement. b. Time of the Essence. Time is of the essence of each provision in this Agreement where time is a factor. C. Waiver. No waiver of any provision of this Agreement shall be binding unless executed in writing by the Party making the waiver. No waiver of any provision of this Agreement shall be deemed to constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver unless the written waiver so specifies. d. Binding Covenants. The provisions herein shall be deemed covenants that run with the land, and shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. e. Governing Law. This Agreement has been made under the laws of the State of Minnesota and such laws shall control its interpretation. f. Counterparts. This Agreement and any amendments to this Agreement may be executed in counterparts, each of which shall be fully effective and all of which together shall constitute one and the same instrument. g. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. h. No Presumption against Drafter. This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with herein. Accordingly, this Agreement shall be interpreted to achieve the intents and purposes of the Parties, without any presumption against the Party responsible for drafting any part of this Agreement. [signature pages to follow] 523742v2 14P145-18 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first set forth above. METROPOLITAN COUNCIL, a public corporation and political subdivision under the laws of the State of Minnesota, By: Title: STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) Regional Administrator I, the undersigned, a Notary Public in and for Ramsey County, Minnesota, do hereby certify that the Regional Administrator of the Metropolitan Council, a public body appeared before me this day in person and acknowledged that he signed and delivered said instrument on behalf of said public body. Given under my hand and official seal this Notary Public This instrument drafted by: Office of the General Counsel Metropolitan Council 390 North Robert Street Saint Paul, MN 55101 0 523742v2 HP145-18 day of , 201_. CITY OF HOPKINS, a Minnesota municipal corporation, By: Molly Cummings Title: Mayor By: Michael Mornson Title: City Manager STATE OF MINNESOTA ) ss COUNTY OF HENNIPIN ) I, the undersigned, a Notary Public in and for County, Minnesota, do hereby certify that Molly Cummings and Michael Mornson, the Mayor and the City Manager of the City of Hopkins, a Minnesota municipal corporation, appeared before me this day in person and each acknowledged that she signed and delivered said instrument on behalf of said corporation. Given under my hand and official seal this Notary Public 523742v2 I IP 145-] S day of , 201_. EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY P4002 — P.I.D. - 25-117-22-32-0092 That part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 117, Range 22 lying South of the Chicago Milwaukee, St. Paul and Pacific Railway and EXCEPT the North 33 feet of the Ease 531.74 feet thereof. ALSO EXCEPT: That part of the South Half of Section 25, Township 117, Range 22, described as follows: Commencing at the point of intersection of the North line of said South Half with the Southeasterly right-of-way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad; thence Southwesterly along said Southeasterly right-of-way line a distance of 200 feet to the point of beginning of the land to be described: Thence Southeasterly at right angles to said right-of-way line a distance of 150 feet; thence Southwesterly parallel to and 150 feet Southeasterly of said Southeasterly right-of-way Railroad line to the West line of said section 25; thence North along said Section line to its intersection with the said Southeasterly right-of-way line of said Railroad; thence Northeasterly along said Southeasterly right-of-way Railroad line to the point of beginning. ALSO EXCEPT: That part of the South Half of Section 25, Township 117, Range 22, described as follows: Commencing at the point of intersection of the North line of said South Half of said Section 25 with the Southeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Right of Way; thence Southwesterly along said Railroad right of way line a distance of 200 feet; thence at right angles Southeasterly a distance of 150 feet; thence Northeasterly at right angles a distance of 200 feet; thence Northwesterly in a straight line to the point of beginning. ALSO EXCEPT: That part of the East 195.78 feet of the Northwest Quarter of the Southwest Quarter of Section 25, Township 117 North, Range 22 West of the Fifth Principal Meridian, which lies south of a line 33.00 feet south of, measured at right angles and parallel with the north line of the Northwest Quarter of the Southwest Quarter of said Section 25. ALSO EXCEPT That part of the West 12.75 chains of the south half of the South west Quarter of the Northwest Quarter lying southeasterly of the railroad right of way in Section 25, Township 117, Range 22; Also EXCEPT That part of Section 25, Township 117, Range 22, described as follows; Beginning at the point of intersection of the centerline of7th Street South, extended westerly, with the southeasterly line of the Chicago, Milwaukee, St. Paul & Pacific Railroad; thence southeasterly at right angles to the southeasterly line of the Chicago, Milwaukee, St. Paul & Pacific Railroad, a distance of 150 feet; thence northeasterly to a point in the centerline of 7th Street South, 250.82 feet east of the Chicago, Milwaukee, St. Paul & Pacific Railroad; thence westerly to the point of beginning. A-1 523742v2 HP145-18 P4003 - P.I.D. - 25-117-22-32-0091 That part of the South Half of Section 25, Township 117, Range 22, described as follows: Commencing at the point of intersection of the North line of said South Half with the Southeasterly right-of-way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad; thence Southwesterly along said Southeasterly right-of-way line a distance of 200 feet to the point of beginning of the land to be described: Thence Southeasterly at right angles to said right-of-way line a distance of 150 feet; thence Southwesterly parallel to and 150 feet Southeasterly of said Southeasterly right-of-way Railroad line to the West line of said section 25; thence North along said Section line to its intersection with the said Southeasterly right-of-way line of said Railroad; thence Northeasterly along said Southeasterly right-of-way Railroad line to the point of beginning. A-2 523742v2 HP145-18 P4004 - P.I.D. - 25-117-22-32-0070 That part of the South Half of Section 25, Township 117, Range 22, described as follows: Commencing at the point of intersection of the North line of said South Half of said Section 25 with the Southeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Right of Way; thence Southwesterly along said Railroad right of way line a distance of 200 feet; thence at right angles Southeasterly a distance of 150 feet; thence Northeasterly at right angles a distance of 200 feet; thence Northwesterly in a straight line to the point of beginning. A-3 523742v2 HP145-18 IN. 00 IN CD IL IN. 00