City Council ADDENDUM

ADDENDUM AGENDA City Council Meeting 4:30 PM - Tuesday, December 17, 2024 City Hall Council Chambers Motion to suspend the rules for action on the addendum Page 1. OLD BUSINESS 1.1. Revised Development Agreement - BEEKI, LLC - Former Target Property 2 - 31 Offer the resolution approving a revised Development Agreement with BEEKI, LLC for the property legally described as Broadway First Addition and located at 1914 South Broadway. Staff Report City Council ADDENDUM - 17 Dec 2024 - Pdf 2. ADJOURNMENT Page 1 of 31 City of New Ulm Request for Council Action City Council ADDENDUM - 17 Dec Meeting: Agenda Section: OLD BUSINESS 2024 Resolution: YES Originating Department: Community Dev Ordinance: N/A Prepared By: Dave Schnobrich Attachments: 2 Presented By: Dave Schnobrich Item: Revised Development Agreement - BEEKI, LLC - Former Target Property Proposed Action: Offer the resolution approving a revised Development Agreement with BEEKI, LLC for the property legally described as Broadway First Addition and located at 1914 South Broadway. Board/Commission Recommendation: The Planning Commission, at its January 26, 2023 meeting, unanimously recommended approval with twelve (12) conditions the request of Eric Bode on behalf of the Dayton Hudson Corporation to allow warehousing in a B-3 (Community Business) zoning district on the subject property. One of the twelve (12) conditions required the amendment or replacement of the existing Development Agreement for this property by a new superseding agreement to reflect proposed changes from the new use of the property. Overview: At its February 7, 2023 meeting, the City Council approved the Planning Commission recommendation with the twelve (12) conditions.  The title of the revised Agreement is "Broadway First Addition Restatement and Amendment of Reciprocal Easements and Declaration of Restrictions and Covenants".  BEEKI, LLC remains the owner of the property.  The property consists of two lots and contains approximately 7.52 acres.  The existing Development Agreement was with the Dayton Hudson Corporation and was dated October 20, 1998.  The property is zoned B-3 (Community Business District).  The private development and public improvements contemplated in the existing Development Agreement have been completed; however certain covenants contained in the Development Agreement have prospective application and continue in force as legal obligations of future owners of the subject property.  The purpose of the revised Agreement is primarily to address two items. The first is the owner's future use of the property and the terms and conditions that would apply to the development of the property. The second was to amend the current bike/pedestrian easement to address alignment changes required by the City. This was also one of the twelve conditions. Primary Issues/Alternatives to Consider: Conditions:  The City Manager and Finance Director should be authorized to sign the revised Agreement on behalf of the City of New Ulm.  The Staff and City Attorney should be authorized to further refine, as needed, final language and exhibits associated with the revised Agreement. Page 2 of 31 Entry into the revised Agreement will help facilitate orderly development of the property and establish a new alignment for a bike/pedestrian trail on the site. Budgetary/Fiscal Issues: N/A Attachments: 2024-____ BEEKI DA Agreement Resolution_ Superseding Development Agreement Page 3 of 31  RESOLUTION NO. 2024 - ____ Councilor _________ offered the following resolution and moved its adoption: WHEREAS, Eric Bode, on behalf of BEEKI, LLC (“Property Owner”) is the owner of the property legally described as Lot 1 and Lot 2, Block 1, Broadway 1st Addition and is zoned B-3 (Community Business District); and WHEREAS, this property has a street address of 1914 South Broadway; and WHEREAS, the Property Owner was granted a Conditional Use Permit to allow warehousing on the property by the New Ulm City Council at its February 7th, 2023 meeting with twelve (12) conditions; and WHEREAS, Condition No. 6 of the approved conditions by the City Council reads as follows: The Development Agreement that applies to this property shall be amended or replaced by a new superseding agreement to reflect proposed changes from the new use of the property. WHEREAS, the new Agreement is referred to as “Broadway First Addition Restatement and Amendment of Reciprocol Easements and Declaration of Restrictions and Covenants” is hereto attached as Exhibit A; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Ulm, Brown County, Minnesota does hereby approve the Broadway First Addition Restatement and Amendment of Reciprocol Easements and Declaration of Restrictions and Covenants with BEEKI, LLC for the property legally described as Lot 1 and Lot 2, Block 1, Broadway 1st Addition. The motion for the adoption of the foregoing resolution was duly seconded by Councilor _______ and, the roll being called, the following vote was recorded: Voting Aye: Voting Nay: Not Voting: Whereupon said resolution was declared to have been duly adopted this 17th day of December 2024. __________________________________ Page 4 of 31 Resolution No. 2024 - Page 2 of 2 President of the City Council Attest: ____________________________________ Finance Director The above resolution approved December 17, 2024. __________________________________ Mayor Page 5 of 31  RESERVED FOR RECORDING INFORMATION BROADWAY FIRST ADDITION RESTATEMENT AND AMENDMENT OF RECIPROCAL EASEMENTS AND DECLARATION OF RESTRICTIONS AND COVENANTS THIS DECLARATION, made this _____ day of ___________, 2024, by and between BEEKI LLC, a limited liability company organized under the laws of the State of Minnesota, (hereinafter referred to as “Developer”), and the City of New Ulm, Minnesota, a Minnesota municipal corporation, (hereinafter referred to as “City”): RECITALS: A. Developer is the fee owner of two parcels of real property located in the City of New Ulm, Brown County, Minnesota, which contains approximately 7.52 acres and is legally described on Exhibit A, (the “Developer-owned Parcels”); and B. A structure formerly used for commercial/retail purposes is located on that portion of the Developer-owned Parcels legally defined as Lot 2, Block 1, Broadway First Addition, and is currently owned by a third party that is not a party to this Agreement (Developer owns fee title to the underlying land); and C. City is the fee owner of a parcel of real property located adjacent to the Developer-owned Parcels in the City of New Ulm, Brown County, Minnesota, which contains approximately 14.64 acres and is legally described on Exhibit B (the “City-owned Parcel”); and 1 Page 6 of 31  D. The Developer-owned Parcels are subject to that certain Development Agreement by and between the City and Dayton Hudson Corporation, dated October 20, 1998, and recorded in the Office of the Brown County Recorder as Document No. 305170 on December 3, 1998 (the “Development Agreement”); and E. The private development and public improvements contemplated in the Development Agreement have been completed; however certain covenants contained in the Development Agreement have prospective application and continue in force as legal obligations of future owners of the Developer-owned Parcels, including the Developer; and F. The Developer-owned parcels are located in the City’s B-3 zoning district (Community Commercial District); and G. The Dayton-Hudson Corporation, as previous owner of the Developer- owned Parcel, obtained a conditional use permit dated February 7, 2023, a copy of which is attached hereto as Exhibit C (the “CUP”), pursuant to which Developer was permitted to use the structure situated on that portion of the Developer-owned Parcels described as Lot 1, Block 1, Broadway First Addition as a warehouse , subject to 12 conditions, one of which required that Developer enter into a new or amended Development Agreement with the City; and H. The parties desire to enter into this Agreement to establish the terms and conditions applicable to Developer’s use of the Developer-owned Parcels authorized by the CUP, in satisfaction of the CUP’s condition that Developer enter into a new or amended Development Agreement with the City; and I. The reuse and redevelopment of the Developer-owned Parcels pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, morals and welfare of its residents. AGREEMENT NOW, THEREFORE, it is hereby agreed by and between the undersigned as follows: 1. Definitions. In this Agreement, unless a different meaning clearly appears from the context, the following terms, when capitalized, shall have the meaning set forth in this Paragraph No. 1: 2 Page 7 of 31  “Agreement” means this Agreement, as the same may be from time to time modified, amended, or supplemented. “City” means the City of New Ulm, Minnesota. “City Code” means the City Code of Ordinances for the City of New Ulm, Minnesota, inclusive of Appendix A, the Zoning Ordinance of the City of New Ulm. “City-owned Parcel” means that certain parcel of real property located in the City of New Ulm, Brown County, Minnesota, which contains 14.64 acres and is legally described on Exhibit B. “Conditional Use Permit” or “CUP” means the conditional use permit dated February 7, 2023, a copy of which is attached hereto as Exhibit C (the “CUP”), pursuant to which Developer was permitted to use the structure situated on that portion of the Developer-owned Parcels described as Lot 1, Block 1, Broadway First Addition as a warehouse, subject to 12 conditions. “Developer” means BEEKI LLC, a limited liability company organized under the laws of the State of Minnesota. “Developer-owned Parcels” means the parcels of real property located in the City of New Ulm, Brown County, Minnesota, which contains approximately 7.52 acres and is legally described on Exhibit A. “Owner” or “Owners” shall mean and refer to Developer, the City, and any party after the date hereof acquiring fee title to any portion of the Developer-owned Parcels. “State” means the State of Minnesota. 2. Developer’s Representations and Warranties. Developer represents and warrants that: a. The Developer is duly authorized to do business in the State, and has authority to enter into this Agreement and to carry out its obligations under this Agreement. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of the terms, conditions or provisions of any evidences of indebtedness, agreement or instrument of whatever nature to 3 Page 8 of 31  which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. b. The Developer is the fee owner of the Developer-owned Parcels. c. The Developer will comply with all applicable local, state and federal environmental laws and regulations, and will obtain any and all necessary environmental reviews, licenses or clearances under (and is in compliance with the requirements of) the National Environmental Policy Act of 1969, the Minnesota Environmental Policy Act, and the Critical Areas Act of 1973. As of the date of execution of this Agreement, the Developer has received no notice or communication from any local, state or federal official that the activities of the Developer with respect to the Developer-owned Parcels may be or will be in violation of any environmental law or regulation. As of the date of the execution of this Agreement, the Developer is aware of no facts, the existence of which would cause it to be in violation of any local, state or federal environmental law. regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. 3. Easements. Portions of the City-owned Parcel are subject to certain easements benefitting the Developer-owned Parcels, and portions of the Developer- owned Parcels are subject to certain easements granted in favor of the public. Specifically, the City-owned Parcel is subject to three easements benefitting the Developer-owned Parcels, or portions thereof, pursuant to that certain Grant of Easement agreement between the City of New Ulm and Dayton Hudson Corporation dated October 20, 1998, and recorded on December 3, 1998, as Document No. 305171 in the Office of the County Recorder for Brown County, Minnesota (“Recorded Document 305171”), and the Developer-owned Parcels are subject to five permanent easements in favor of the public pursuant to that certain Grant of Easements agreement between Dayton Hudson Corporation and the City of New Ulm dated October 20, 1998, and recorded on December 3, 1998, as Document No. 305172 in the Office of the County Recorder for Brown County, Minnesota (“Recorded Document 305172”). Nothing herein shall be interpreted to release the City-owned Parcel or the Developer-owned Parcels, or any portions thereof, from any such easement of record or limit any of the parties’ respective rights and obligations thereunder unless expressly so provided herein. a. That certain Grant of Easement between the City of New Ulm and Dayton Hudson Corporation dated October 20, 1998, and recorded on December 4 Page 9 of 31 3, 1998, as Document No. 305171 in the Office of the County Recorder for Brown County, Minnesota, is hereby amended as follows: i. The exclusive easement for the construction and operation of a “Parking Area” for motor vehicles, over that portion of the City- owned Parcel as depicted on Exhibit B to the Grant of Easement agreement, is hereby amended to apply to and encumber that portion of the City-owned Parcel as legally described on Exhibit D, attached hereto and incorporated herein by reference, and no other portion of the City- owned Parcel. ii. Exhibit B to the Grant of Easement agreement depicting the exclusive “Parking Area” easement shall be deleted in its entirety and replaced with the survey attached hereto as Exhibit E, which is incorporated herein by reference. iii. All other provisions of Recorded Document No. 305171 shall remain in full force and effect. b. Developer hereby grants to the City a perpetual right and easement for the installation, operation, maintenance and repair of a bike and pedestrian trail over that portion of the Developer-owned Parcels as legally described on Exhibit F and depicted on the survey attached hereto as Exhibit G, which exhibits are incorporated herein by reference (the “Supplemental Trail Easement”). i. The parties’ rights and obligations with respect to the Supplemental Trail Easement shall be as set forth in Recorded Document 305172 as applicable to Easement Area C as defined therein (Easement Area C granted in Recorded Document 305172 shall be referred to herein as the “Original Trail Easement”). ii. The Supplemental Trail Easement granted herein shall be supplemental to, and shall not be construed to release the Developer- owned Parcels from, the Original Trail Easement granted in Recorded Document 305172. iii. All other provisions of Recorded Document No. 305172 shall remain in full force and effect. 5 Page 10 of 31  c. The Parking Area easement encumbering the City-owned Parcel following the amendment to Recorded Documents 305171 made herein and the combined Supplemental and Original Trail Easements encumbering the Developer-owned Parcels as granted herein and in Recorded Document 305172 are depicted on Exhibit H attached hereto and incorporated herein by reference. 4. Restrictions and Covenants. The following restrictions and covenants, each of which was originally imposed in the Development Agreement, shall apply to the entirety of the Developer-owned Parcels. Developer, for itself and its successors and assigns, covenants that the Developer-owned Parcels shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the terms and conditions set forth in this Agreement, which shall run with the land and shall be binding upon all Owners, tenants, subtenants, occupants, licensees, concessionaires, and other parties permitted on the Developer-owned Parcels, or any portion thereof. Developer further declares and states that all use of and development on the Developer-owned Parcels shall be subject to the site and design requirements set forth in this Section. a. Land Use. Developer’s use of the Developer-owned Parcels shall at all times remain in accordance with the uses authorized and the conditions and restrictions on such use contained in the CUP, except that in the event that Developer or any future owner of the Developer-owned Parcels, or any portion thereof, seeks to change the use of such property, such change in use shall conform in all respects to Appendix A of the City Code. b. Parking. Developer shall establish and maintain a sufficient number of parking spaces on each parcel comprising the Developer-owned Parcels to comply with the minimum parking requirements then applicable to the specific use of the property pursuant to Appendix A of the City Code, unless the City shall have approved a variance to allow for a lesser number of parking spaces. c. Building Setbacks. The building setback requirements established in the Development Agreement shall remain in place, such that all buildings built upon the Developer-owned Parcels or any portion thereof shall maintain a setback from the adjacent lot lines as follows: i. South Broadway - 20 feet; ii. Eighteenth South Street - 20 feet; 6 Page 11 of 31  iii. Westerly property line of Broadway First Addition - 10 feet; iv. Southerly property line of Lots 1 and 3 of Broadway First Addition - 10 feet; v. Twentieth South Street – 20 feet; and vi. Interior lot lines – 10 feet. No portion of any building, including ancillary structures such as loading docks, refuse storage or compaction areas, and utility buildings, shall be located within such setback areas or within or upon, any easement area for public utilities or streets, except for signs as permitted by Appendix A of the City Code, fire exit stoopes and/ or transformer pads. d. Street Access. Developer shall limit access from the Developer- owned Parcels to South Broadway to the two driveways on South Broadway and the one existing driveway on Eighteenth South Street with no change to their current size or location on the Developer-owned Parcels. e. Storage, Loading and Refuse Areas. All storage of materials and refuse disposal areas shall be located in structures enclosed on at least three sides or receptacles which shall be located so as to be reasonably screened from public view. Loading and unloading areas or docks shall be located at the rear of the structure(s) situated on the Developer-owned Parcels. The use of the Developer- owned Parcels shall comply with the requirements of Appendix A of the City Code regarding storage, loading and refuse areas. f. Building Design and Materials. Prior to the issuance of a building permit for further construction on the Developer-owned Parcels, , Developer shall have submitted to the City for its review and comment all schematic drawings for the construction of any such project. Developer shall reasonably endeavor to respond to the concerns of the City that such project is of quality construction and materials and that the design, appearance and layout of such project reflect a concern for the aesthetic nature of the City. g. Landscaping. Developer shall comply with the following landscaping requirements: 7 Page 12 of 31  i. Maintenance of existing trees, shrubbery and other flora on the Developer-owned Parcels; ii. Establishment and maintenance of vegetation in storm water retaining easement areas; iii. Screening of utility, loading and refuse areas; and iv. New construction on the Developer-owned Parcels will be subject to the landscaping standards found in Appendix A of the City Code. h. Site Plan Review. Prior to the issuance of a building permit for the construction of any new structures to be located on the Developer-owned Parcels, or any portion thereof, Developer shall prepare and submit to the City for its review, comment and approval a Site Plan. 5. Maintenance of Easement Areas. Developer, for itself and its successors and assigns, covenants that it shall maintain, use, repair the easement areas located on the City-owned Parcel in accordance with the terms of the Grant of Easement between the City of New Ulm and Dayton Hudson Corporation dated October 20, 1998, and recorded on December 3, 1998, as Document No. 305171 in the Office of the County Recorder for Brown County, Minnesota, and all applicable, local, state and federal laws and regulations. Such maintenance obligations shall include, without limitation, (i) normal yard maintenance, (ii) prevention and repair of erosion resulting from Developer's storm water drainage into or upon South Park and (iii) debris cleanup and removal. 6. Maintenance of Right-of-Way. Developer, for itself and its successors and assigns, covenants that it shall be responsible for (i) routine maintenance of the street surface, (ii) routine maintenance of street lighting, and (iii) snow removal, on that portion of Twentieth South Street lying westerly of South Broadway and abutting the Developer- owned Parcels. 7. Covenants Running with the Land. Each permanent easement referenced herein shall be deemed to be a covenant running with the land, or in the alternative, an equitable servitude, affecting and binding the servient tenement and successive owners thereof, and inuring to the benefit of the dominant tenement and the successive Owners thereof. 8 Page 13 of 31  8. Superseding Effect. The Parties intend for the terms and conditions contained in this Agreement, together with the terms and conditions contained in (i) that certain Grant of Easement between the City of New Ulm and Dayton Hudson Corporation dated October 20, 1998, and recorded on December 3, 1998, as Document No. 305171 in the Office of the County Recorder for Brown County, Minnesota, and (ii) that certain Grant of Easements between Dayton Hudson Corporation and the City of New Ulm dated October 20, 1998, and recorded on December 3, 1998, as Document No. 305172 in the Office of the County Recorder for Brown County, Minnesota, as the same are amended herein, to supersede and replace the Development Agreement with respect to the Developer-owned Parcels, such that Developer and future owners of the Developer-owned Parcels, or any portion thereof, may be released from the Development Agreement. On request, the City shall execute an appropriate instrument releasing the Developer-owned Parcels from the Development Agreement, which may be recorded against the Developer-owned Parcels at Developer’s expense. 9. Amendment. The provisions of this Agreement may be modified or amended, in whole or in part, only with the consent of all Parties, by declaration in writing, executed and acknowledged by all of the same, duly recorded in the Official Records. 10. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of, any successor or assign of any Owner. Any Owner shall be liable only for such obligations of such Owner hereunder as accrue during its period of ownership. Developer does hereby declare that the Developer-owned Parcels are, and shall be, held, transferred, sold, conveyed and occupied subject to the restrictions and covenants of this Agreement, which restrictions and covenants (a) are for the purpose of protecting the value, desirability and amenities of the improvements on the Developer- Owned Parcels; (b) shall operate as equitable covenants, restrictions and reservations, which shall run with each portion of the Developer-owned Parcel as may be separately conveyed, and which shall be binding on all parties having any right, title or interest in the same, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each of such other parties their heirs, personal representatives, successors and assigns; and (c) are imposed upon each portion of the Developer-owned Parcels as may be separately conveyed, respectively, as a servitude in favor of all other portions of the Developer-owned Parcels and the City-owned Parcel. 11. Exhibits. All exhibits referred to in this Agreement are attached and incorporated by this reference. For ease of reference, a listing of all such exhibits follows : 9 Page 14 of 31  Exhibit A: Legal Description of Developer-owned Parcels Exhibit B: Legal Description of City-owned Parcels Exhibit C: Conditional Use Permit dated February 7, 2023 Exhibit D: Revised Legal Description of Exclusive Parking Area Easement Exhibit E: Revised Depiction of Parking Area Easement Exhibit F: Revised Legal Description of Permanent Public Trail Easement Exhibit G: Revised Depiction of Permanent Public Trail Easement Exhibit H: Master Depiction of Parking Area Easement on City-owned Parcel and Combined Supplemental and Original Trail Easements on Developer-owned Parcels 12. Governing Law. The Parties expressly agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of Minnesota. 13. Compliance with Laws. Nothing contained herein shall nullify any of the requirements of federal, state or City laws, regulations or ordinances. In instances where applicable laws, regulations or ordinances and these restrictive covenants conflict, the more restrictive shall apply. 14. Enforcement. The enforcement of this Agreement and the easements, restrictions and covenants contained or affirmed herein shall be by proceeding at law or in equity against the person or persons infringing upon, attempting to infringe upon, violating or attempting to violate, or the failure or omission to perform any covenant or provision of these covenants and restrictions. Such action or proceedings at law or in equity to enforce these easements, covenants and restrictions may recover damages, enjoin or restrain violations, or specifically enforce compliance. Any owner of the City- owned Parcels or any portion thereof, the Developer-owned Parcel or any portion thereof, shall have the right to enforce any easement, restriction or covenant contained or affirmed herein. Furthermore, as the easements, restrictions and covenants contained or 10 Page 15 of 31 affirmed herein are intended to benefit the public health, safety and welfare, the City of New Ulm shall have the right to enforce the easements, restrictions and covenants contained or affirmed herein whether or not it owns any portion of the City-owned Parcel or the Developer-owned Parcels at the time such enforcement becomes necessary. In the event any action or suit is brought by an the City or an Owner against a breaching Owner hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other Owner arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the breaching Owner all costs and expenses of the action or suit, including actual attorneys’ fees, accounting and engineering fees, and any other professional fees resulting therefrom. 15. Severability. Invalidation of any covenant or restriction herein by judgment or court order shall in no way affect any other provision, covenant or restriction herein, which shall remain in full force and effect. 16. Waivers. No waiver of any provision hereof shall be deemed to imply or constitute a further waiver thereof or any other provision set forth herein. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of the signatures together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and date first written above. [signature pages to follow] 11 Page 16 of 31  BEEKI LLC By__________________________________ Its: STATE OF ___________ ) ) ss. COUNTY OF ___________ ) On this _____ day of _____________, 2024, before me, a notary public within and for said County, personally appeared ______________, to me personally known, who, being by me duly sworn did say that they are the _______________ of BEEKI LLC, named in the foregoing instrument, and that said instrument was signed on behalf of said Company with the authority of the Company and said _________________ acknowledged said instrument to be the free act and deed of said Company. _______________________________________ NOTARY PUBLIC 12 Page 17 of 31  CITY OF NEW ULM By____________________________________ Christopher A. Dalton Its: City Manager By ______________________________ Nicole Jorgensen Its: Finance Director STATE OF MINNESOTA ) ) ss. COUNTY OF BROWN ) On this _____ day of _____________, 2024, before me, a notary public within and for said County, personally appeared Christopher A. Dalton and Nicole Jorgensen, to me personally known, who, being by me duly sworn did say that they are respectively the City Manager and the Finance Director of the City of New Ulm named in the foregoing instrument, and that said instrument was signed in behalf of said City of New Ulm by authority of the City Council and said Christopher A. Dalton and Nicole Jorgensen acknowledged said instrument to be the free act and deed of said corporation. _______________________________________ NOTARY PUBLIC This Instrument was Drafted By: Flaherty & Hood, P.A. 525 Park Street, Suite 470 St. Paul, MN 55103 (651) 225-8840 13 Page 18 of 31  Exhibit A Legal Description of Developer-owned Parcels Lot 1 and Lot 2, Block 1, Broadway First Addition Page 19 of 31  Exhibit B Legal Description of City-owned Parcels Page 20 of 31  Exhibit C Conditional Use Permit dated February 7, 2023 [see attached] Page 21 of 31 Page 22 of 31 Page 23 of 31 Page 24 of 31 Page 25 of 31 Page 26 of 31  Exhibit D Revised Legal Description of Exclusive Parking Area Easement That part of Vacated State Street and part of Vacated Nineteenth South Street and part of South Park in the City of New Ulm, Brown County, Minnesota, described as follows: Beginning at the Northwest corner of Lot 1, Block 1, Broadway First Addition; thence South 34 degrees 25 minutes 46 seconds East, bearing based on Brown County Coordinate System NAD83(11} on the west line of said Lot 1, a distance of 390.50 feet; thence South 55 degrees 49 minutes 10 seconds West, a distance of 49.04 feet; thence North 34 degrees 28 minutes 56 seconds West, a distance of 13.06 feet; thence North 37 degrees 51minutes 28 seconds West, a distance of 56.31feet; thence North 34 degrees 28 minutes 56 seconds West, a distance of 193.51feet; thence Northwesterly 12.08 feet on a tangential curve to the left having a radius of 52.00 feet and a central angle of 13 degrees 18 minutes 28 seconds; thence North 34 degrees 25 minutes 46 seconds West non-tangent to said curve, a distance of 115.53 feet to the southwesterly extension of the south right of way line of Eighteenth South Street; thence North 55 degrees 34 minutes 19 seconds East on said line, a distance of 54.00 feet to the point of beginning. Contains 0.47 acres of land. Page 27 of 31  Exhibit E Revised Depiction of Parking Area Easement Page 28 of 31  Exhibit F Legal Description of Supplemental Permanent Public Trail Easement That part of Lot 1, Block 1, Broadway First Addition in the City of New Ulm, Brown County, Minnesota, described as follows: Commencing at the Northwest corner of Lot 1, Block 1, Broadway First Addition; thence South 34 degrees 25 minutes 46 seconds East, bearing based on Brown County Coordinate System NAD83(11) on the west line of said Lot 1, a distance of 390.50 feet; thence South 55 degrees 49 minutes 10 seconds West, a distance of 49.04 feet to the point of beginning; thence South 34 degrees 28 minutes 56 seconds East, a distance of 125.21feet; thence South 83 degrees 30 minutes 38 seconds East, a distance of 65.99 feet; thence North 55 degrees 47 minutes 52 seconds East, a distance of 17.53 feet; thence South 34 degrees 25 minutes 30 seconds East, a distance of 67.73 feet; thence South 52 degrees 00 minutes 20 seconds East, a distance of 101.25 feet; thence North 88 degrees 16 minutes 18 seconds East, a distance of 212.20 feet; thence North 55 degrees 45 minutes 28 seconds East, a distance of 19.39 feet to the easterly line of said Lot 1, thence South 34 degrees 14 minutes 49 seconds East on said easterly line of Lot 1, a distance of 15.00 feet; thence South 55 degrees 45 minutes 28 seconds West, a distance of 23.77 feet; thence South 88 degrees 16 minutes 18 seconds West, a distance of 80.47 feet; thence South 52 degrees 00 minutes 20 seconds East, a distance of 115.65 feet; thence South 34 degrees 25 minutes 30 seconds East, a distance of 48.76 feet; thence South 55 degrees 47 minutes 52 seconds West a distance of 21.62 feet; thence North 83 degrees 30 minutes 38 seconds West, a distance of 23.01feet; thence South 55 degrees 47 minutes 52 seconds West, a distance of 26.48 feet; thence North 63 degrees 54 minutes 08 seconds West, a distance of 32.32 feet; thence North 34 degrees 28 minutes 56 seconds West, a distance of 140.17 feet; thence North 55 degrees 49 minutes 10 seconds East, a distance of 14.00 feet to the point of beginning. Contains 0.23 acres of land. Page 29 of 31  Exhibit G Depiction of Supplemental Permanent Public Trail Easement Page 30 of 31  Exhibit H Master Depiction of Parking Area Easement on City-owned Parcel and Combined Supplemental and Original Trail Easements on Developer-owned Parcels Page 31 of 31