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ENGINEERING, PLANNING <br />AND LAND SURVEYING <br />SAMBATEK, INC. <br />ORCHARD CREEK <br />C.R. DOC. NO. <br />SHEET 1 OF 2 SHEETS <br />KNOW ALL PERSONS BY THESE PRESENTS: That Onyx Performance Investments, LLC, a Minnesota limited liability <br />company, fee owner, of the following described property situated in the County of Hennepin, State of Minnesota, to <br />wit: <br />All that part of the Northeast 1/4 of the Northeast 1/4 of Section 3, Township 117 North, Range 23 West of the 5th <br />Principal Meridian, lying North of a line described as follows: Commencing at a point on the East line of said quarter <br />quarter Section distant 457-1/2 feet South of the Northeast corner of said Section 3; thence running south 67 <br />degrees 10 minutes West, a distance of 570-1/2 feet; thence running Southwesterly on a right curve with a radius of <br />5729.65 feet, a distance of 833.45 feet, to a point on West line of said quarter Section distant 368 feet North of the <br />Southwest corner of said quarter quarter section. Also that part of Subdivision No. 1 S.E. 1/4 of S.E. 1/4 Subdivision <br />No. 1 S.W. 1/4 of S.E. 1/4 and Subdivision No. 1 of Lot No. 3, Section 34, Township 118, Range 23 described as <br />follows: Beginning at a point in the East line of said Section 34, which point is 340 feet South of the Northeast corner <br />of the Southeast 1/4 of the Southeast 1/4 of said Section; thence running Southwesterly, making an angle to the <br />right, of 36 degrees 45 minutes from said East line of said Section, a distance of 220 feet to the centerline of the <br />creek which flows from Long Lake in Town of Orono Southwesterly into Mud Lake near Lake Minnetonka; thence <br />following the centerline of the bed of said creek in a Westerly and Southwesterly direction to a point in the <br />centerline of said creek distant 180 feet Northeasterly from the Southwest corner of said quarter quarter Section; <br />thence in a straight line Southwesterly to said Southwest corner; thence East to the Southeast corner of said Section; <br />thence North a distance of 374 feet; thence West a distance of 24 feet; thence North a distance of 337.82 feet; <br />thence East a distance of 24 feet to a point 711.82 feet North of the southeast corner of said quarter quarter section; <br />thence North to the beginning. Also that part of the West 250 feet of the Southwest quarter of the Southwest <br />quarter (S.W. 1/4 of S.W. 1/4) of Section Thirty-five (35) Township One Hundred Eighteen (118), Range Twenty-three <br />(23), lying North of the South 711.82 feet thereof and Southerly of the centerline of Orono Orchard Road. <br />There is hereby excepted from the foregoing description that part which is described as follows, to-wit: <br />That part of the Northeast Quarter of the Northeast Quarter (NE1/4 NE 1/4) of Section Three (3), Township One <br />Hundred Seventeen (117) North, Range Twenty-three (23) West, being a strip of land 43 feet in width and lying <br />northerly of and adjacent to the following described line: <br />Commencing at a point on the East line of said Northeast Quarter of the Northeast Quarter (NE1/4 NE 1/4) distant <br />457 1/2, feet South of the northeast corner of said Section 3; thence running South 67 degrees 10 minutes West a <br />distance of 570 1/2 feet, thence running southwesterly on a right curve with a radius of 5729.65 feet, a distance of <br />833.45 feet to a point on west line of said Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) distant 368 <br />feet North of the southwest corner of said Northeast Quarter of the Northeast Quarter (NE ¼ NE 1/4.). <br />And, there is hereby further excepted from the foregoing description that part which is described as follows, to-wit: <br />That part of the S.E. ¼ of the S.E. ¼ of Section 34, Township 118, Range 23 described as follows: Beginning at a point <br />in the East line of said Section 34, which point is 340 feet South of the Northeast corner of the Southeast 1/4 of the <br />Southeast 1/4 of said Section; thence running Southwesterly, making an angle to the right, of 36 degrees 45 minutes <br />from said East line of said Section, a distance of 220 feet to the centerline of the creek which flows from Long Lake in <br />Town of Orono Southwesterly into Mud Lake near Lake Minnetonka; thence following the centerline of the bed of <br />said creek in a Northeasterly direction, a distance of 150 feet more or less to a point in the centerline of said creek <br />that intersects said East line of said Section; thence North to the beginning. <br />Also that part of the West 250 feet of the Southwest quarter of the Southwest quarter (S.W. 1/4 of S.W. 1/4) of <br />Section Thirty five (35), Township One Hundred Eighteen (118), Range Twenty-three (23), lying North of the <br />centerline of said creek and Southerly of the centerline of Orono Orchard Road. <br />Has caused the same to be surveyed and platted as ORCHARD CREEK, and does hereby donate and dedicate to the <br />public for public use the easements as created by this plat for drainage and utility purposes only. <br />In witness whereof said Onyx Performance Investments, LLC, a Minnesota limited liability company, has caused these <br />presents to be signed by its proper officer this _______ day of _________________, 20_____. <br />ONYX PERFORMANCE INVESTMENTS, LLC <br />SIGNED: <br /> , as <br />STATE OF MINNESOTA <br />COUNTY OF <br />This instrument was acknowledged before me this _______ day of _________________, 20_____, by <br />, as of Onyx Performance Investments, LLC, a <br />Minnesota limited liability company, on behalf of the company. <br />Notary Public, County, Minnesota Notary Printed Name <br />My Commission Expires <br />I Mark R. Salo do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly <br />Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; <br />that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat <br />have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota <br />Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public <br />ways are shown and labeled on this plat. <br />Dated this day of , 20 . <br />Mark R. Salo, Licensed Land Surveyor <br />Minnesota License No. 43933 <br />STATE OF MINNESOTA <br />COUNTY OF <br />This instrument was acknowledged before me this _______ day of _________________, 20_____, by Mark R. Salo. <br />Notary Public, County, Minnesota Notary Printed Name <br />My Commission Expires <br />CITY COUNCIL, CITY OF ORONO, MINNESOTA <br />This plat of ORCHARD CREEK was approved and accepted by the City Council of the City of Orono, Minnesota, at a <br />regular meeting thereof held this ______ day of _______________, 20_____ and said plat is in compliance with the <br />provisions of Minnesota Statutes, Section 505.03, Subd. 2. <br />City Council, City of Orono, Minnesota <br />By: Mayor By: Clerk <br />RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota <br />I hereby certify that taxes payable in 20_____ and prior years have been paid for land described on this plat, dated <br />this _______ day of _________________, 20_____. <br />Mark V. Chapin, County Auditor By: , Deputy <br />SURVEY DIVISION, Hennepin County, Minnesota <br />Pursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this _______ day of <br />_________________, 20_____. <br />Chris F. Mavis, County Surveyor By: <br />COUNTY RECORDER, Hennepin County, Minnesota <br />I hereby certify that the within plat of ORCHARD CREEK was recorded in this office this _______ day of <br />_________________, 20_____, at ______ o'clock ____ .M. <br />Martin McCormick, County Recorder By: , Deputy