94-089A
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RESOLUTION NO. 94-89A
RESOLUTION APPROVING SUBDIVISION AND COMBINATION
OF REAL PROPERTY FOR WILLIAM CUNNINGHAM
WHEREAS, William Patrick Cunningham (Applicant) has an interest in certain real
properties in the City of Shorewood, County of Hennepin, and in the City of Chanhassen, County
of Carver, State of Minnesota, legally described in Exhibit A, attached hereto and made a part
hereof; and
WHEREAS, the Applicant has applied for a subdivision and combination of said properties
to form three separate parcels; and
WHEREAS, the proposed division and combination requires the comhination of certain
portions of the property lying primarily within the City of Shorewood with a triangular piece of the
property lying within the City of Chanhassen; and
WHEREAS, one parcel lying primarily within the City of Chanhassen is proposed to be
combined with a triangular portion of the property lying within the City of Shorewood; and
WHEREAS, the application was reviewed by the City Planner, and his recommendations
were duly set forth in a memorandum to the Planning Commission, dated 29 September 1994,
which memorandum is on file at City Hall; and
WHEREAS, the application and the Planner's memorandum were reviewed by the
Planning Commission at a regular meeting held on 3 October 1994, the minutes of which meeting
are on file at City Hall; and
WHEREAS, the application was considered by the City Council at a regular meeting of the
Council held on 24 October 1994, at which time the Planner's Memorandum and the
recommendations of the Planning Commission were reviewed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood
as follows:
1 . That the two parcels of property legally described in Exhibit A be subdivided and
combined to form three separate parcels as shown on Exhibit B.
2. That the City Clerk furnish Applicants with a certified copy of this resolution for
recording purposes.
3 . That Applicants cause to be recorded this Resolution together with the Declaration
of Covenants, Conditions and Restrictions shown on Exhibit C with the Hennepin
County Recorder or Registrar of Titles within thirty (30) days of the date of
certification.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of
October 1994. ~
Robert B. Bean, Mayor
ATTEST:
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All that part of Government Lot 7, Section 36, Township 117 North, Range
23 West of the 5th Principal Meridian, Hennepin County, Minnesota,
described as follows: Commencing at a point in a line bearing North 29
degrees 19 minutes East 199.48 feet from the Northeast corner of Section
2, Township 116, Range 23; thence North 68 degrees 11 minutes West to
the Easterly shore line of Christmas Lake; thence Southwesterly along
the shore of said Lake to the intersection of said shore line with a
line drawn parallel with and 100 feet Southwesterly from and measured at
right angles to the above described line running North 68 degrees 11
minutes West from the point of commencement to Christmas Lake; this
shall be the actual point of beginning of the land being described;
thence South 68 degrees 11 minutes East on said parallel line to a point
where said parallel line intersects with a line bearing North 29 degrees
19 minutes East from the Northeast corner of said Section 2, Township
116, Range 23; thence continuing South 68 degrees 11 minutes East 12.3
feet; thence South 53 degrees 39 minutes East 91.7 feet; thence South 68
degrees 11 minutes East 37.7 feet or more to the center line of a
private roadway now being used; thence South 14 degrees 18 minutes West
13 feet more or less along the center line of said private road to its
intersection with the North line of Section 1, Township 116, Range 23;
thence Westerly along the North line of said Section 1, Township 116,
Range 23 to the Northeast corner of Section 2, Township 116, Range 23;
thence continuing Westerly along the North line of said Section 2,
Township 116, Range 23 to the Easterly shore line of Christmas Lake;
thence Northeasterly along the shore line of said lake to aforesaid
described point of beginning of the land herein described.
.
ALSO:
That part of Sections 1 and 2, Township 116, Range 23, Carver County,
Minnesota, described as follows: Commencing at a point in the East line
of Section 2, Township 116, Range 23, distant 472 feet South of the
Northeast corner of said Section 2; thence North along the East line of
said Section 2 a distance of 97 feet; thence Northeasterly on a
tangential curve to the right with a radius of 65.55 feet a distance of
47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to
said last described curve, a distance of 78 feet; thence Northeasterly
on a tangential curve to the left with a radius of 152.4 feet, a
distance of 37.24 feet to a point which is the actual point of beginning
of the land being described; thence continuing on said tangential curve
to the left with a radius of 152.4 feet, a distance of 59.40 feet;
thence North 15 degrees 25 minutes East on a line tangent to said last
described curve a distance of 30 feet; thence Northeasterly on a
tangential curve to the right with a radius of 237.27 feet a distance of
98.56 feet; thence North 39 degrees 13 minutes East on a line tangent to
said last described curve, a distance of 77 feet to the intersection of
said line with the North line of Section 1, Township 116, Range 23;
thence Westerly along the Northerly line of said Section 1 to the
Northeast corner of Section 2, Township 116, Range 23; thence continuing
.
Exhibit A
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Westerly along the Northerly line of said Section 2, Township 116, Range
23 to the Easterly shore line of Christmas Lakej thence Southwesterly
along said shore line of Christmas Lake 192.7 feet more or less to a
point of intersection on said Lake shore with a line drawn North 79
degrees 45 minutes West 330 feet more or less from the actual point of
beginning of the premises herein describedj thence Southeasterly along
said line to the said actual point of beginning, excepting however, from
said described premises the following strip of land, 20 feet in width,
described as follows: Beginning at a point in the East line of Section
2, Township 116, Range 23, distant 472 feet South of the Northeast
corner of said Section 2 j thence North along the East line of said
Section 2 a distance of 97 feetj thence Northeasterly on a tangential
curve to the right with a radius of 65.55 feet a distance of 47.76 feetj
thence North 41 degrees 45 minutes East on a line tangent to said last
described curve, a distance of 78 feet j thence Northeasterly on a
tangential curve to the left with a radius of 152.4 feet, a distance of
37.24 feet to a point which is the actual point of beginning of the
strip of land being describedj thence North 79 degrees 45 minutes West
330 feet more or less to the shore of Christmas Lakej thence
Northeasterly along the shore of Christmas Lake to the intersection of
said shore line with a line drawn parallel to and being distant 20 feet
at right angles from said Northwesterly line last describedj thence
Southeasterly along said parallel line to the intersection of said
parallel line with a curved line which is a continuation of said
tangential curve to the left above described, said curved line being the
center line of the private roadway mentioned and described abovej thence
. Southwesterly along said curved line to the point of beginning.
.
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Exhibit B
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DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made and entered into this /cf?/~ day of
/lJ~il ,19 y.J: by WILLIAM PATRICK CUNNINGHAM, a single person,
, . I.
owner of the following described land, hereinafter referred to as
"Declarant."
R E C I TAL S:
WHEREAS, Declarant is the owner of the following described real
estate situate in the Counties of Hennepin and Carver and legally
described on Exhibit A attached heretoi and
WHEREAS, part of said real estate which is situate in Hennepin
County lies within the City limits of the City of Shorewood and is more
particularly described on Exhibit Bi and
.
WHEREAS, the remainder of said described real estate which lies in
Carver County is within the city limits of the City of Chanhassen; and
WHEREAS, Declarant desires to subdivide said real estate in three
separate parcelsi and
WHEREAS, the proposed subdivision requires the combination of
certain portions of the said real estate lying primarily within City of
Shorewood with a triangular piece of said real estate lying in the City
of Chanhassen; and
WHEREAS, one parcel lying primarily within the City of Chanhassen
is proposed to be combined with a triangular portion of said real estate
lying within the City of Shorewood; and
.
1
Exhibit C
WHEREAS, Declarant desires that certain restrictions and covenants
. relating to the said parcels be attached and made a permanent part of
.
.
the respective parcels.
NOW, THEREFORE, Declarant hereby imposes upon and subjects said
parcels to the following conditions, restrictions, reservations and
covenants which shall operate as covenants and restrictions passing with
the conveyance of such parcels and shall both bind and benefit every
successor in interest to said parcels of real estate:
1. The Shorewood Parcel (Parcell) shall include the following
described triangular portion of real estate located in the City of
Chanhassen.
That part of Sections 1 and 2, Township 116 North, Range 23 West of the
5th Principal Meridian, Carver County, Minnesota described as follows:
Commencing at the northeast corner of said Section 2; thence
on a bearing of South along the east line of said Section 2 a
distance of 472.00 feet; thence on a bearing of North a
distance of 97.00 feet; thence northeasterly a distance of
47.76 feet along a tangential curve concave to the southeast
having a radius of 65.55 feet and a central angle of 41
degrees 44 minutes 45 seconds; thence North 41 degrees 44
minutes 45 seconds East tangent to the last described curve a
distance of 78.00 feet; thence northeasterly a distance of
96.64 feet along a tangential curve concave to the northwest
having a radius of 152.40 feet and a central angle of 36
degrees 19 minutes 57 seconds; thence North 5 degrees 24
minutes 48 seconds East tangent to the last described curve a
distance of 30.00 feet; thence n~rtheasterly a distance of
98.56 feet along a tangential curve concave to the southeast
having a radius of 237.27 feet and a central angle of 23
degrees 48 minutes 01 seconds; thence North 29 degrees 12
minutes 50 seconds East tangent to the last described curve a
distance of 12.65 feet to the point of beginning of the land
to be described; thence continuing North 29 degrees 12 minutes
49 seconds East a distance of 63.91 feet to the north line of
said Section 1; thence South 88 degrees 41 minutes 00 seconds
West along the north line of said Section 1 a distance of
175.96 feet to said northeast corner of Section 2; thence
South 88 degrees 41 minutes 00 seconds West along the north
line of said Section 2 a distance of 58.89 feet; thence South
69 degrees 30 minutes 54 seconds East a distance of 62.85 to
2
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said east line of Section 2; thence South 78 degrees 54
minutes 02 seconds East a distance of 147.49 feet to said
point of beginning. Containing 7221 square feet more or less.
For the purposes of this description the north line of said Section 2 is
assumed to having a bearing of North 88 degrees 41 minutes 00 seconds
East.
The full legal description of parcel 1 shall be as indicated on Exhibit
C attached hereto.
2. The Chanhassen Parcel (Parcel 2) shall include the following
described triangular portion of real estate located in the City of
Shorewood.
That part of Government Lot 7, Section 36, Township 117 North, Range 23
West of the 5th Principal Meridian, Hennepin County, Minnesota described
as follows:
Commencing at the northeast corner of Section 2, Township 116
North, said Range 23 West; thence South 88 degrees 41 minutes
00 seconds West along the south line of said Government Lot 7
a distance of 58.89 feet to the point of beginning of the land
to be described; thence North 69 degrees 30 minutes 54 seconds
West to the easterly shore of Christmas Lake; thence southerly
along said easterly shore to said south line of Government Lot
7; thence North 88 degrees 41 minutes 00 seconds East along
said south line to said point of beginning. Containing 1365
square feet more or less.
For the purposes of this description the south line of said Government
Lot 7 is assumed to have a bearing of North 88 degrees 41 minutes 00
seconds East.
The full legal description of Parcel 2 shall be as indicated on Exhibit
D attached hereto.
3. That the remaining Parcel 3 shall be comprised entirely of
real estate situate in Carver County and shall be all that part of the
real estate described in Exhibit A except those parts thereof described
on Exhibit C and Exhibit D.
4. That any structure built on the Shorewood Parcel (Parcell)
shall be located solely and completely within the municipal boundaries
3
of that portion of Parcel 1 within the City of Shorewood, and no part
. thereof shall be built or overlap into the boundaries of the Chanhassen
portion of Parcel 1 which is more particularly described in Paragraph 1
above.
5. That any structure built on the Chanhassen Parcel (Parcel 2)
shall be located solely and completely within that portion of Parcel 2
within the municipal boundaries of the City of Chanhassen, and no part
thereof shall be built or overlap into the boundaries of the Shorewood
portion of Parcel 2 which is more particularly described in Paragraph 2
above.
6. Any amendments must be approved by the City of Shorewood and
properly recorded.
.
IN WITNESS WHEREOF, Declarant has caused the Declaration to be
executed the day and year first above written.
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STATE OF MINNESOTA
This
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COUNTY OF
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was acknowledged before me this I ~.
19q~, by William Patrick Cunningham.
day of
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otary Public
DRAFTED BY:
Knutson, Stier, Knutson, Earley
Sheridan & Burns
120 Midway Bank Building
14300 Nicollet Court
Burnsville, Minnesota 55306
(612) 435-7704
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EXHIBIT A
Full Description
All that part of Government Lot 7, Section 36, Township 117 North, Range
23 West of the 5th Principal Meridian, Hennepin County, Minnesota,
described as follows: Commencing at a point in a line bearing North 29
degrees 19 minutes East 199.48 feet from the Northeast corner of Section
2, Township 116, Range 23; thence North 68 degrees 11 minutes West to
the Easterly shore line of Christmas Lake; thence Southwesterly along
the shore of said Lake to the intersection of said shore line with a
line drawn parallel with and 100 feet Southwesterly from and measured at
right angles to the above described line running North 68 degrees 11
minutes West from the point of commencement to Christmas Lake; this
shall be the actual point of beginning of the land being described;
thence South 68 degrees 11 minutes East on said parallel line to a point
where said parallel line intersects with a line bearing North 29 degrees
19 minutes East from the Northeast corner of said Section 2, Township
116, Range 23; thence continuing South 68 degrees 11 minutes East 12.3
feet; thence South 53 degrees 39 minutes East 91.7 feet; thence South 68
degrees 11 minutes East 37.7 feet or more to the center line of a
private roadway now being used; thence South 14 degrees 18 minutes West
13 feet more or less along the center line of said private road to its
intersection with the North line of Section 1, Township 116, Range 23;
thence Westerly along the North line of said Section 1, Township 116,
Range 23 to the Northeast corner of Section 2, Township 116, Range 23;
thence continuing Westerly along the North line of said Section 2,
Township 116, Range 23 to the Easterly shore line of Christmas Lake;
thence Northeasterly along the shore line of said lake to aforesaid
described point of beginning of the land herein described.
ALSO:
That part of Sections 1 and 2, Township 116, Range 23, Carver County,
Minnesota, described as follows: Commencing at a point in the East line
of Section 2, Township 116, Range 23, distant 472 feet South of the
Northeast corner of said Section 2; thence North along the East line of
said Section 2 a distance of 97 feet; thence Northeasterly on a
tangential curve to the right with a radius of 65.55 feet a distance of
47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to
said last described curve, a distance of 78 feet; thence Northeasterly
on a tangential curve to the left with a radius of 152.4 feet, a
distance of 37.24 feet to a point which is the actual point of beginning
of the land being described; thence continuing on said tangential curve
to the left with a radius of 152.4 feet, a distance of 59.40 feet;
thence North 15 degrees 25 minutes East on a line tangent to said last
described curve a distance of 30 feet; thence Northeasterly on a
tangential curve to the right with a radius of 237.27 feet a distance of
98.56 feet; thence North 39 degrees 13 minutes East on a line tangent to
said last described curve, a distance of 77 feet to the intersection of
said line with the North line of Section 1, Township 116, Range 23;
thence Westerly along the Northerly line of said Section 1 to the
Northeast corner of Section 2, Township 116, Range 23; thence continuing
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Exhibit A Continued:
Westerly along the Northerly line of said Section 2, Township 116, Range
23 to the Easterly shore line of Christmas Lake; thence Southwesterly
along said shore line of Christmas Lake 192.7 feet more or less to a
point of intersection on said Lake shore with a line drawn North 79
degrees 45 minutes West 330 feet more or less from the actual point of
beginning of the premises herein described; thence Southeasterly along
said line to the said actual point of beginning, excepting however, from
said described premises the following strip of land, 20 feet in width,
described as follows: Beginning at a point in the East line of Section
2, Township 116, Range 23, distant 472 feet South of the Northeast
corner of said Sect ion 2; thence North along the East 1 ine of said
Section 2 a distance of 97 feet; thence Northeasterly on a tangential
curve to the right with a radius of 65.55 feet a distance of 47.76 feet;
thence North 41 degrees 45 minutes East on a line tangent to said last
described curve, a distance of 78 feet; thence Northeasterly on a
tangential curve to the left with a radius of 152.4 feet, a distance of
37.24 feet to a point which is the actual point of beginning of the
strip of land being described; thence North 79 degrees 45 minutes West
330 feet more or less to the shore of Christmas Lake; thence
Northeasterly along the shore of Christmas Lake to the intersection of
said shore line with a line drawn parallel to and being distant 20 feet
at right angles from said Northwesterly line last described; thence
Southeasterly along said parallel line to the intersection of said
parallel line with a curved line which is a continuation of said
tangential curve to the left above described, said curved line being the
center line of the private roadway mentioned and described above; thence
Southwesterly along said curved line to the point of beginning.
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EXHIBIT B
All that part of Government Lot 7, Section 36, Township 117 North, Range
23 West of the 5th Principal Meridian , Hennepin County, Minnesota,
described as follows: Commencing at a point in a line bearing North 29
degrees 19 minutes East 199.48 feet from the Northeast corner of Section
2, Township 116, Range 23; thence North 68 degrees 11 minutes West to
the Easterly shore line of Christmas Lake; thence Southwesterly along
the shore of said Lake to the intersection of said shore line with a
line drawn parallel with and 100 feet Southwesterly from and measured at
right angles to the above described line running North 68 degrees 11
minutes West from the point of commencement to Christmas Lake; this
shall be the actual point of beginning of the land being described;
thence South 68 degrees 11 minutes East on said parallel line to a point
where said parallel line intersects with a line bearing North 29 degrees
19 minutes East from the Northeast corner of said Section 2, Township
116, Range 23; thence continuing South 68 degrees 11 minutes East 12.3
feet; thence South 53 degrees 39 minutes East 91.7 feet; thence South 68
degrees 11 minutes East 37.7 feet or more to the center line of a
private roadway now being used; thence South 14 degrees 18 minutes West
13 feet more or less along the center line of said private road to its
intersection with the North line of Section 1, Township 116 Range 23;
thence Westerly along the North line of said Section 1, Township 116,
Range 23 to the Northeast corner of Section 2, Township 116, Range 23;
thence continuing Westerly along the North line of said Section 2,
Township 116, Range 23 to the Easterly shore line of Christmas Lake;
thence Northeasterly along the shore line of said lake to aforesaid
described point of beginning of the land herein described.
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EXHIBIT C (Parcell)
All that part of Government Lot 7, Section 36, Township 117 North, Range
23 West of the 5th Principal Meridian, Hennepin County, Minnesota,
described as follows: Commencing at a point in a line bearing North 29
degrees 19 minutes East 199.48 feet from the Northeast corner of Section
2, Township 116, Range 23; thence North 68 degrees 11 minutes West to
the Easterly shore line of Christmas Lake; thence Southwesterly along
the shore of said Lake to the intersection of said shore line with a
line drawn parallel with and 100 feet Southwesterly from and measured at
right angles to the above described line running North 68 degrees 11
minutes West from the point of commencement to Christmas Lake; this
shall be the actual point of beginning of the land being described;
thence South 68 degrees 11 minutes East on said parallel line to a point
where said parallel line intersects with a line bearing North 29 degrees
19 minutes East from the Northeast corner of said Section 2, Township
116, Range 23; thence continuing South 68 degrees 11 minutes East 12.3
feet; thence South 53 degrees 39 minutes East 91.7 feet; thence South 68
degrees 11 minutes East 37.7 feet or more to the center line of a
private roadway now being used; thence South 14 degrees 18 minutes West
13 feet more or less along the center line of said private road to its
intersection with the North line of Section 1, Township 116, Range 23;
thence Westerly along the North line of said Section 1, Township 116,
Range 23 to the Northeast corner of Section 2, Township 116, Range 23;
thence continuing Westerly along the North line of said Section 2,
Township 116, Range 23 to the Easterly shore line of Christmas Lake;
thence Northeasterly along the shore line of said lake to aforesaid
described point of beginning of the land herein described.
EXCEPTING THEREFROM:
That part of Government Lot 7, Section 36, Township 117 North, Range 23
West of the 5th Principal Meridian, Hennepin County, Minnesota described
as follows:
Commencing at the northeast corner of Section 2, Township 116
North, said Range 23 West; thence South 88 degrees 41 minutes
00 seconds West along the south line of said Government Lot 7
a distance of 58.89 feet to the point of beginning of the land
to be described; thence North 69 degrees 30 minutes 54 seconds
West to the easterly shore of Christmas Lake; thence southerly
along said easterly shore to said south line of Government Lot
7; thence North 88 degrees 41 minutes 00 seconds East along
said south line to said point of beginning. Containing 1365
square feet more or less.
For the purposes of this description the south line of said Government
Lot 7 is assumed to have a bearing of North 88 degrees 41 minutes 00
seconds East.
Exhibit C Continued on Next Page
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Exhibit C Continued:
ALSO:
That part of Sections 1 and 2, Township 116 North, Range 23 West of the
5th Principal Meridian, Carver County, Minnesota described as follows:
Commencing at the northeast corner of said Section 2; thence
on a bearing of South along the east line of said Section 2 a
distance of 472.00 feet; thence on a bearing of North a
distance of 97.00 feet; thence northeasterly a distance of
47.76 feet along a tangential curve concave to the southeast
having a radius of 65.55 feet and a central angle of 41
degrees 44 minutes 45 seconds; thence North 41 degrees 44
minutes 45 seconds East tangent to the last described curve a
distance of 78.00 feet; thence northeasterly a distance of
96.64 feet along a tangential curve concave to the northwest
having a radius of 152.40 feet and a central angle of 36
degrees 19 minutes 57 seconds; thence North 5 degrees 24
minutes 48 seconds East tangent to the last described curve a
distance of 30.00 feet; thence northeasterly a distance of
98.56 feet along a tangential curve concave to the southeast
having a radius of 237.27 feet and a central angle of 23
degrees 48 minutes 01 seconds; thence North 29 degrees 12
minutes 50 seconds East tangent to the last described curve a
distance of 12.65 feet to the point of beginning of the land
to be described; thence continuing North 29 degrees 12 minutes
49 seconds East a distance of 63.91 feet to the north line of
said Section 1; thence South 88 degrees 41 minutes 00 seconds
West along the north line of said Section 1 a distance of
175.96 feet to said northeast corner of Section 2; thence
South 88 degrees 41 minutes 00 seconds West along the north
line of said Section 2 a distance of 58.89 feet; thence South
69 degrees 30 minutes 54 seconds East a distance of 62.85 to
said east line of Section 2; thence South 78 degrees 54
minutes 02 seconds East a distance of 147.49 feet to said
point of beginning. Containing 7221 square feet more or less.
For the purposes of this description the north line of said Section 2 is
assumed to having a bearing of North 88 degrees 41 minutes 00 seconds
East.
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EXHIBIT D (Parcel 2)
That part of Government Lot 7, Section 36, Township 117, Range 23,
Hennepin County, Minnesota, and that part of Sections 1 and 2, Township
116 North, Range 23 West, Carver County, Minnesota, described as
follows:
Commencing at the northeast corner of said Section 2; thence
on a bearing of South along the east line of said Section 2 a
distance of 472.00 feet; thence on a bearing of North a
distance of 97.00 feet; thence northeasterly a distance of
47.76 feet along a tangential curve concave to the southeast
having a radius of 65.55 feet and a central angle of 41
degrees 44 minutes 45 seconds; thence North 41 degrees 44
minutes 45 seconds East tangent to the last described curve a
distance of 78.00 feet; thence northeasterly a distance of
96.64 feet along a tangential curve concave to the northwest
having a radius of 152.40 feet and a central angle of 36
degrees 19 minutes 57 seconds; thence North 5 degrees 24
minutes 48 seconds East tangent to the last described curve a
distance of 30.00 feet; thence northeasterly a distance of
98.56 feet along a tangential curve concave to the southeast
having a radius of 237.27 feet and a central angle of 23
degrees 48 minutes 01 seconds; thence North 29 degrees 12
minutes 50 seconds East tangent to the last described curve a
distance of 12.65 feet to the point of beginning of the land
to be described; thence North 78 degrees 54 minutes 02 seconds
West a distance of 147.49 feet; thence North 69 degrees 30
minutes 54 seconds West to the Easterly shore of Christmas
Lake; thence Southerly along the said easterly shore to the
south line of Government Lot 7; thence continuing along said
easterly shore 82.81 feet; thence South 79 degrees 59 minutes
19 seconds East a distance of 311.02 feet; thence
Northeasterly along a tangential curve concave to the
Northwest having a radius of 152.40 feet and a central angle
of 36 degrees 19 minutes 57 seconds to the point of beginning.
10