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Item 3.6 Bauer-A2 CUP0 otsly.' o MINNESOTA g DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 8 March 2021 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.6 — Bauer A2 CUP STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: subdivision of a lot with an area less than 20 acres within the A-2 District. Is a strong organization that is committed to leading the community through innovative communication. IS A PUBLIC HEARING REQUIRED? Has proactively expanded infrastructure to responsibly provide core services. Held by Planning Commission 1 March 2021 Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. application to rezone one of the existing parcels from A-1, Agriculture Rural Service District to A-2, Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a Zoning Map amendment and conditional use permit allowing for subdivision of a lot with an area less than 20 acres within the A-2 District. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Held by Planning Commission 1 March 2021 BACKGROUND/JUSTIFICATION: Roman and Michelle Bauer own two parcels located west of Kadler Avenue at 90th Street. The property owner is proposing to subdivide the property to create one new lot. The property owner has submitted application to rezone one of the existing parcels from A-1, Agriculture Rural Service District to A-2, Agriculture Long Range Urban Service District and for a conditional use permit to allow for subdivision of a lot within the A-2 District to have an area less than 20 acres. A public hearing to consider the application was held by the Planning Commission meeting on 1 March 2021. Mr. Bauer attended the meeting via the internet. There were no public comments. The Planning Commission discussed the alignment of the 90th Street easement and the need to shift the future street north to avoid an existing house and detached accessory building. The public hearing was closed and the Planning Commission voted 6-0 to recommend City Council approval of the application. SUPPORTING DOCUMENTS ATTACHED: ■ Planning Report dated 24 February 2021 ■ Findings of Fact and Decision; Zoning Map ■ Ordinance 2021-07 amending the Zoning Map ■ Findings of Fact and Decision; conditional use permit POSSIRLF MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2021-07 amending the Zoning Map and approve a conditional use permit for Roman and Michelle Bauer allowing subdivision of a lot within the A-2 District less than 20 acres in area, subject to the conditions as stated on the findings of fact and decision as presented. RIInC,FT INFORMATION FUNDING: BUDGETED: N/A N/A TPC The Planning Company PLANNING REPORT 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com TO: Otsego Planning Commission FROM: D. Daniel Licht, AICP REPORT DATE: 24 February 2021 60 -DAY DATE: 7 April 2021 RE: Otsego —Bauer A-2 District Conditional Use Permit TPC FILE: 101.02 BACKGROUND Roman and Michelle Bauer own 40.39 acres between two parcels located west of Kadler Avenue at 90th Street. The property owner is proposing to subdivide the property to create one new lot. The proposed subdivision can be processed administratively in accordance with Chapter 4 of the Subdivision Ordinance. The property owner has submitted application to rezone one of the existing parcels from A-1, Agriculture Rural Service District to A-2, Agriculture Long Range Urban Service District and for a conditional use permit to allow for subdivision of a lot within the A-2 District to have an area less than 20 acres. A public hearing to consider the application has been noticed for the Planning Commission meeting on 1 March 2021. Exhibits: ■ Site Location ■ Concept Plan ANALYSIS Comprehensive Plan. The subject site is located within Urban Service Expansion Area W_ established by the 2012 Comprehensive Plan. The area is intended to remain rural in character until such time as sewer and water utilities are available. To minimize the amount of development outside of the designated Sewer Districts, development density within the Urban Service Expansion Area is limited to one dwelling per 10 acres. The parcels owned by the property owners are identified in the below. Based on the total area of 40.69 acres, a total of four development entitlements would be allowed for the combined properties. PID Area 118-800-154402 17.53ac. 118-800-221102 23.16ac. TOTAL 40.69ac. Zoning. The 23.16 acre parcel is zoned A-2 District and the 17.52 ace parcel is zoned A-1 District. Development density within the A-1 District is limited to one dwelling per 40 acres of land. To allow for the proposed development of up to four dwellings within the subject site, the both properties must be zoned A-2 District. Lot Requirements. Lots within the A-2 District must have a minimum area of 20 acres and minimum width of 450 feet. The City does allow for subdivided lots to conform either to a minimum lot area of 20 acres or that all but one lot not exceed 2.5 acres in area to maintain large tracts of land for development with availability of sewer and water utilizes and to prevent rural subdivisions from being a physical barrier to future extension of streets and utilities. Section 11-52-5.H of the Zoning Ordinance allows for the creation of lots less than 20 acres in area within the A-2 District by conditional use permit based on compliance with the following criteria: 1. All other applicable requirements of Section 20-52-6 of this Chapter are complied with. 2. A concept plan utilizing all development rights allowed by Section 20-52- 6.8 of this Chapter is submitted and recorded with the subdivision. 3. Lots are to be clustered and the overall subdivision designed in such a manner so as to provide for logical future street and utility extensions. 4. No lot shall be less than one (1) acre in size or 150 feet in width. 5. The maximum lot size for clustered lots in the Urban Service Reserve Area shall be two and one-half (2.5) acres except if one of the following conditions is met: a. Topography, soils, wetlands, or other natural features dictate a larger minimum lot area. b. The location of existing buildings cannot be fully accommodated in compliance with applicable setback requirements of Section 20- 52-6.0 of this Chapter. 2 C. One (1) development right as allowed by Section 20-52-6.B of this Chapter is used for a dwelling located on the present parcel outside of the residential cluster. 6. A resubdivision plan for future division of each lot with availability of municipal sanitary sewer service is submitted and recorded on the deed for each lot. Principal and accessory buildings shall be located on each lot in conformance with all present and future setback requirements based on the resubdivision plan. 7. A deed restriction is placed on the parcel exercising development rights and all subdivided lots to prohibit additional subdivision unless is conforms to applicable zoning district requirements. 8. Each lot is capable of accommodating a private well and septic system. 9. The provisions of Section 20-4-2.F of this Chapter are considered and satisfactorily met. The property owner is proposing to subdivide one lot at the southeast corner of the parcel abutting Kadler Avenue. The proposed lot has an area of 4.4 acres and potentially resubdivided into as many as three lots with areas ranging from 1.3 to 1.8 acres. The remaining area of the two parent parcels would be 35.26 acres. The proposed lot would be deed restricted to not more than three development entitlements with the parent parcels deed restricted to not more than one development right for both properties. The proposed subdivision complies with the criteria for lots less than 20 acres in area. Access. The subject site is accessed from Kadler Avenue, which is designated as a future minor arterial roadway by the 2012 Comprehensive Plan. Direct access to minor arterial roadways from lots created through subdivisions is prohibited by Section 11-21-6.13 of the Zoning Ordinance. The subdivision concept illustrates that the property owner will dedicate right-of- way for the north half of future 90th Street to be extended west of Kadler Avenue. Access to the proposed lot would need to be constructed within the easement to align with the existing Kadler Avenue and 90th Street intersection. If the proposed lot is further subdivided, it is anticipated that a shared private driveway would be utilized by approval of a conditional use permit as provided for in Section 11-21-6.A of the Zoning Ordinance to provide access until such time as a public street may be constructed. Setbacks. The table below illustrates the required setbacks of the A-2 District. The proposed subdivision has sufficient lot area to provide a building site that complies with required setbacks. Kadler Future Side Rear Avenue 90th Street 65ft. 35ft. 10 ft. 50ft. 3 Easements. Section 11-8-12 of the Subdivision Ordinance requires 10 foot wide drainage and utility easements at the perimeter of the proposed lot. The required drainage and utility easements will be required to be shown on the survey to be submitted to subdivide the lot administratively and are subject to review and approval by the City Engineer. Park and Trail Dedication. The subdivision of the proposed lot will require dedication of land or a cash fee in lieu of land for park and trail purposes as provided for by Section 10-8-15 of the Subdivision Ordinance. City staff recommends that the applicant pay a cash fee in lieu of land for the additional lot created by the administrative subdivision to satisfy park and trail dedication requirements due with this application. Utilities. The proposed lot would be served by individual on-site septic and well utilities. The applicant must identify primary and secondary drain field sites and septic tank locations with the application for the administrative subdivision. The suitability of the lots to accommodate on site utilities is subject to review and approval by the Building Official. Criteria. Consideration of the requested Zoning Map amendment and conditional use permit applications is to be based upon, but not limited to, the criteria outlined in Section 11-3-2.F and Section 11-4-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan guides the site for interim rural land uses until sanitary sewer and water utilities are available. The proposed rezoning will allow for a subdivision of up to four rural single family lots, which is consistent with the interim land use plan. 2. The proposed use's compatibility with present and future land uses of the area. Comment: Surrounding land uses currently consist of primarily agricultural -rural service area uses and large lot single family uses. The surrounding area is also guided for rural land uses until such time as urban services are available. As such, the proposed subdivision will be compatible with the existing and planned land uses surrounding the subject site. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The proposed subdivision will conform to all requirements of the Zoning Ordinance, Subdivision Ordinance and Engineering Manual. 4. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. 4 Comment: The subject site is accessed from Kadler Avenue, which has adequate capacity to serve the traffic that would be generated by rezoning and subdividing the parent parcels. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The proposed subdivision can be accommodated by the City's existing service capacity. RECOMMENDATION City staff recommends approval of the requested Zoning Map amendment and conditional use permit as outlined below. POSSIBLE ACTIONS Decision 1— Zoning Map Amendment A. Motion to approve a Zoning Map amendment rezoning the subject site from A-1 District to A-2 District based on a finding that the request is consistent with the Comprehensive Plan. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan. C. Motion to table. Decision 2 — Conditional Use Permit A. Motion to approve a conditional use permit allowing administrative subdivision of a lot with an area less than 20 acres within the A-2 District, subject to the following conditions: The application for administrative subdivision shall be submitted and processed in accordance with Chapter 4 of the Subdivision Ordinance. The proposed lot shall be deed restricted to limit further subdivision of not more than three total lots 5 3. The parent parcels shall be deed restricted to limit further subdivision to one entitlement for both properties. 4. The applicant shall dedicate a 30 foot right-of-way or easement for the north one-half of future 90th Street with the administrative subdivision, subject to review and approval by the City Engineer. 5. The proposed lot to be subdivided shall provide drainage and utility easements as required by Section 21-7-15 of the Subdivision Ordinance subject to review and approval of the City Engineer. 6. The applicant shall pay a cash fee in lieu of land to satisfy park and trail dedication requirements applicable to the administrative subdivision application. 7. The ability of the proposed lot to accommodate on-site septic and well utilities shall be subject to review and approval by the Building Official. B. Motion to deny the application based on a Comment that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and/or Subdivision Ordinance. Adam Flaherty, City Administrator/Finance Director Audra Etzel, City Clerk Ron Wagner, City Engineer David Kendall, City Attorney Site Location Overview Legend Roads CSAHCL CTYCL — MUNICL PRIVATECL — TWPCL Highways Interstate State Hwy US Hwy City/Township Limits 0 C of C1 Parcels Torrens XF OtCI�ezoF MINNESOTA V APPLICANT: Roman and Michelle Bauer 2 Mar 21 FINDINGS & DECISION ZONING MAP AMENDMENT APPLICATION: Consideration of a request to amend the Zoning Map rezoning property so as to be included within the A-2 District. CITY COUNCIL MEETING: 8 March 2021 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The subject site is guided by the Comprehensive Plan for future rural land uses within the Urban Service Expansion Area. C. The subject site is zoned A-1, Agriculture Rural Service District. D. The applicant is requesting a Zoning Map amendment to allow for approval of an administrative subdivision of a lot with less than 20 acres. E. Consideration of the application is to be based upon (but not limited to) the criteria set forth by Section 11-3-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan guides the site for interim rural land uses until sanitary sewer and water utilities are available. The proposed rezoning will allow for a subdivision of up to four rural single family lots, which is consistent with the interim land use plan. 2. The proposed use's compatibility with present and future land uses of the area. Finding: Surrounding land uses currently consist of primarily agricultural -rural service area uses and large lot single family uses. The surrounding area is also guided for rural land uses until such time as urban services are available. As such, the proposed subdivision will be compatible with the existing and planned land uses surrounding the subject site. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed subdivision will conform to all requirements of the Zoning Ordinance, Subdivision Ordinance and Engineering Manual. 4. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The subject site is accessed from Kadler Avenue, which has adequate capacity to serve the traffic that would be generated by rezoning and subdividing the parent parcels. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed subdivision can be accommodated by the City's existing service capacity. F. The Planning Report dated 24 February 2021 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 1 March 2021 to consider the application, preceded by published and mailed notice; upon review of the application, and other evidence, the public hearing was closed and the Planning Commission recommended by a 6-0 vote that the City Council approve the request based on the findings outlined above. DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 8th day of March, 2021. CITY OF OTSEGO Bv: Jessica L. Stockamp, Mayor Attest: Audra Etzel, City Clerk 011 EXHIBIT A LEGAL DESCRIPTION That part of the Southeast Quarter of the Southeast Quarter of Section15, Township 121, Range 24, Wright County, Minnesota described as follows: Beginning at the southeast corner of said Southeast Quarter of the Southeast Quarter; thence on an assumed bearing of North 1 degree East along the east line of said Southeast Quarter of the Southeast Quarter, a distance of 711.00 feet; thence North 89 degrees 22 minutes West, a distance of 376.30 feet; thence south 0 degrees 38 minutes West, a distance of 71.60 feet; thence North 89 degrees 22 minutes West, a distance of 944.72 feet to the west line of said Southeast Quarter of the Southeast Quarter; thence south 0 degrees 58 minutes 21 seconds West along said west line, a distance of 638.79 feet to the southwest corner of said Southeast Quarter of the Southeast Quarter; thence south 89 degrees 20 minutes 26 seconds East along the south line of said Southeast Quarter of the Southeast Quarter, a distance of 1320.25 feet to the point of beginning. Except the following described tract of land: That part of the Southeast Quarter of the Southeast Quarter of Section 15, Township 121, Range 24, Wright County, Minnesota described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter; thence on an assumed bearing of North 1 degree East along the east line of said Southeast Quarter of the Southeast Quarter, a distance of 479.40 feet to the point of beginning of the land to be described; thence continue North 1 degree East along said east line, a distance of 231.60 feet; thence North 89 degrees 22 minutes West, a distance of 376.30 feet; thence South 0 degrees 38 minutes West, a distance of 71.60 feet; thence North 89 degrees 22 minutes West, a distance of 127.00 feet; thence South 1 degree West, a distance of 160 feet; thence south 89 degrees 22 minutes East, a distance of 502.84 feet to the point of the beginning. And: The West Half of the Northeast Quarter of the Northeast Quarter and the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 22, Township 121, Range 24, Wright County, Minnesota lying west of the East 451.00 feet of said Northeast Quarter of the Northeast Quarter of the Northeast Quarter. ORDINANCE NO.: 2021-07 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described by Exhibit A. Section 2. The property is hereby rezoned from an A-1, Agricultural Rural Service District designation to A-2, Agriculture Long Range Urban Service District designation. Section 3. The Zoning Map of the City of Otsego shall not be republished to show the aforesaid rezoning, but the Zoning Administrator shall appropriately mark the Zoning Map on file at City Hall for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 4. This Ordinance shall become effective immediately upon its passage and publication according to Law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 8t" day of March, 2021. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: Audra Etzel, City Clerk EXHIBIT A LEGAL DESCRIPTION That part of the Southeast Quarter of the Southeast Quarter of Section15, Township 121, Range 24, Wright County, Minnesota described as follows: Beginning at the southeast corner of said Southeast Quarter of the Southeast Quarter; thence on an assumed bearing of North 1 degree East along the east line of said Southeast Quarter of the Southeast Quarter, a distance of 711.00 feet; thence North 89 degrees 22 minutes West, a distance of 376.30 feet; thence south 0 degrees 38 minutes West, a distance of 71.60 feet; thence North 89 degrees 22 minutes West, a distance of 944.72 feet to the west line of said Southeast Quarter of the Southeast Quarter; thence south 0 degrees 58 minutes 21 seconds West along said west line, a distance of 638.79 feet to the southwest corner of said Southeast Quarter of the Southeast Quarter; thence south 89 degrees 20 minutes 26 seconds East along the south line of said Southeast Quarter of the Southeast Quarter, a distance of 1320.25 feet to the point of beginning. Except the following described tract of land: That part of the Southeast Quarter of the Southeast Quarter of Section 15, Township 121, Range 24, Wright County, Minnesota described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter; thence on an assumed bearing of North 1 degree East along the east line of said Southeast Quarter of the Southeast Quarter, a distance of 479.40 feet to the point of beginning of the land to be described; thence continue North 1 degree East along said east line, a distance of 231.60 feet; thence North 89 degrees 22 minutes West, a distance of 376.30 feet; thence South 0 degrees 38 minutes West, a distance of 71.60 feet; thence North 89 degrees 22 minutes West, a distance of 127.00 feet; thence South 1 degree West, a distance of 160 feet; thence south 89 degrees 22 minutes East, a distance of 502.84 feet to the point of the beginning. And: The West Half of the Northeast Quarter of the Northeast Quarter and the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 22, Township 121, Range 24, Wright County, Minnesota lying west of the East 451.00 feet of said Northeast Quarter of the Northeast Quarter of the Northeast Quarter. 0 OtSezT F O MINNESOTA V APPLICANT: Roman and Michelle Bauer 2 Mar 21 FINDINGS & DECISION CONDITIONAL USE PERMIT APPLICATION: Consideration of a request for a conditional use permit to allow for subdivision of a lot with an area less than 20 acres within the A-2 District. CITY COUNCIL MEETING: 8 March 2021 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The subject site is guided by the Comprehensive Plan for future rural land uses within the Urban Service Expansion Area. C. The subject site is zoned A-2, Agriculture Long Range Urban Service District. D. The applicant is requesting approval of an administrative subdivision to allow subdivision of a lot with less than 20 acres. Lots less than 20 acres are allowed within the A-2, Agriculture Long Range Urban Service District by approval of a conditional use permit subject to Section 11-52-5.1-1 of the Zoning Ordinance. E. Consideration of the application is to be based upon (but not limited to) the criteria set forth by Section 11-4-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan guides the site for interim rural land uses until sanitary sewer and water utilities are available. The proposed rezoning will allow for a subdivision of up to four rural single family lots, which is consistent with the interim land use plan. 2. The proposed use's compatibility with present and future land uses of the area. Finding: Surrounding land uses currently consist of primarily agricultural -rural service area uses and large lot single family uses. The surrounding area is also guided for rural land uses until such time as urban services are available. As such, the proposed subdivision will be compatible with the existing and planned land uses surrounding the subject site. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed subdivision will conform to all requirements of the Zoning Ordinance, Subdivision Ordinance and Engineering Manual. 1 4. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The subject site is accessed from Kadler Avenue, which has adequate capacity to serve the traffic that would be generated by rezoning and subdividing the parent parcels. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed subdivision can be accommodated by the City's existing service capacity. F. The Planning Report dated 24 February 2021 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 1 March 2021 to consider the application, preceded by published and mailed notice; upon review of the application, and other evidence, the public hearing was closed and the Planning Commission recommended by a 6-0 vote that the City Council approve the request based on the findings outlined above. DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED, subject to the following conditions: 1. The application for administrative subdivision shall be submitted and processed in accordance with Chapter 4 of the Subdivision Ordinance. 2. The proposed lot shall be deed restricted to limit further subdivision of not more than three total lots 3. The parent parcels shall be deed restricted to limit further subdivision to one entitlement for both properties. 4. The applicant shall dedicate right-of-way or easement for the north one-half of future 90th Street at Kadler Avenue shifting north into the subject site and extending west to provide access to the parent parcel(s) with the administrative subdivision, subject to review and approval by the City Engineer. 5. The proposed lot to be subdivided shall provide drainage and utility easements as required by Section 21-7-15 of the Subdivision Ordinance subject to review and approval of the City Engineer. 6. The applicant shall pay a cash fee in lieu of land to satisfy park and trail dedication requirements applicable to the administrative subdivision application. 7. The ability of the proposed lot to accommodate on-site septic and well utilities shall be subject to review and approval by the Building Official. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: 2 ADOPTED by the City Council of the City of Otsego this 81h day of March, 2021. CITY OF OTSEGO .32 Jessica L. Stockamp, Mayor Attest: Audra Etzel, City Clerk EXHIBIT A LEGAL DESCRIPTION That part of the Southeast Quarter of the Southeast Quarter of Section15, Township 121, Range 24, Wright County, Minnesota described as follows: Beginning at the southeast corner of said Southeast Quarter of the Southeast Quarter; thence on an assumed bearing of North 1 degree East along the east line of said Southeast Quarter of the Southeast Quarter, a distance of 711.00 feet; thence North 89 degrees 22 minutes West, a distance of 376.30 feet; thence south 0 degrees 38 minutes West, a distance of 71.60 feet; thence North 89 degrees 22 minutes West, a distance of 944.72 feet to the west line of said Southeast Quarter of the Southeast Quarter; thence south 0 degrees 58 minutes 21 seconds West along said west line, a distance of 638.79 feet to the southwest corner of said Southeast Quarter of the Southeast Quarter; thence south 89 degrees 20 minutes 26 seconds East along the south line of said Southeast Quarter of the Southeast Quarter, a distance of 1320.25 feet to the point of beginning. Except the following described tract of land That part of the Southeast Quarter of the Southeast Quarter of Section 15, Township 121, Range 24, Wright County, Minnesota described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter; thence on an assumed bearing of North 1 degree East along the east line of said Southeast Quarter of the Southeast Quarter, a distance of 479.40 feet to the point of beginning of the land to be described; thence continue North 1 degree East along said east line, a distance of 231.60 feet; thence North 89 degrees 22 minutes West, a distance of 376.30 feet; thence South 0 degrees 38 minutes West, a distance of 71.60 feet; thence North 89 degrees 22 minutes West, a distance of 127.00 feet; thence South 1 degree West, a distance of 160 feet; thence south 89 degrees 22 minutes East, a distance of 502.84 feet to the point of the beginning. And: The West Half of the Northeast Quarter of the Northeast Quarter and the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 22, Township 121, Range 24, Wright County, Minnesota lying west of the East 451.00 feet of said Northeast Quarter of the Northeast Quarter of the Northeast Quarter. 4