HomeMy WebLinkAbout5I - Park Nicollet Clinic
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
CITY COUNCIL AGENDA REPORT
MAY 18,1997
51
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF RESOLUTION 98-XX APPROVING AN
AMENDMENT TO THE PRELDfiNARYAGREEMENT FOR
DEVELOPMENT CONTRACT FOR THE PARK NICOLLET CLINIC
History: On May 19, 1997, HealthSystems Minnesota and the City of Prior
Lake entered into a short form development contract for the Park Nicollet
clinic located just off of Highway 13 and Franklin Trail, between Velishek
Auto Sales and the Hollywood Bar and Grill. The short form contract
provided for the construction of public improvements to serve both parcels
of land owned by HealthSystems Minnesota rather than those required for
just the clinic building.
Current Circumstances: When registering the title to this property, the
owners discovered a discrepancy in the legal description. To resolve this
discrepancy, the owners initiated the Torrens Land Registration proceeding.
As a result of this proceeding, a new legal description was developed.
Conclusion: The purpose of the amended contract is to replace the legal
description in the original contract with a new legal description developed as
part of the Torrens Land Registration Proceeding. The proposed amendment
does not change the original provisions or terms of the contract. It merely
serves to correct the legal description. Any substantive changes to the
original terms of the contract will require a further amendment.
There is no fiscal impact to the City as a result of this amendment.
The City Council has three alternatives:
1. Adopt Resolution 98- XX approving the Amended Developer's Contract.
Authorize the Mayor and the City Manager to execute this agreement.
2. Deny Resolution 98-XX.
3. Defer this item and provide staff with specific direction.
Motion and second as part the consent agenda to adopt Resolution 98-XX.
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Eagle Creek Ave. ::,.E., Pnor Lake,
Page 1
nesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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RESOLUTION 98-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE
AMENDMENT TO THE PRELIMINARY AGREEMENT FOR DEVELOPMENT
CONTRACT FOR THE PARK-NICOLLET CLINIC
MOTION BY: SECOND BY:
WHEREAS: The City of Prior Lake and HealthSystems Minnesota entered into a Preliminary
Agreement for Development Contract on May 19, 1997; and
WHEREAS: the legal description included in the Preliminary Agreement for Development
Contract has been revised through the Torrens Land Registration Proceeding; and
WHEREAS: the Amendment to Preliminary Development Contract corrects the legal description.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, authorizes the Mayor and the City Manager to sign
the Amendment to the Preliminary Agreement for Development Contract with HealthSystems,
Minnesota.
Passed and adopted this 18th day of May, 1998.
MADER MADER
KEDROWSKI KEDROWSKI
PETERSEN PETERSEN
SCHENCK SCHENCK
WUELLNER WUELLNER
YES
NO
Frank Boyles, City Manager
City of Prior Lake
{Seal}
16200 E~~1~f~i~~kSX8k\?g~~~'i1?i~~"t~~~~ Minnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
AMENDMENT TO
PRELIlVIINARY AGREEMENT FOR
DEVELOPMENT CONTRACT
This Agreement is entered into this day of , 1998 by and between
the City of Prior Lake, a municipal corporation (hereinafter referred to as "CITY"), and
HealthSystem Minnesota, a Minnesota nonprofit corporation (hereinafter referred to as
"DEVELOPER").
RECITALS
A. The City and Developer have previously entered into an Agreement dated May
19, 1997, entitled "Preliminary Agreement for Development Contract" ("the Agreement").
B. Developer and the City desire to amend the Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. The Agreement shall remain in full force and effective except as specifically
modified by this Amendment.
2. "Exhibit A" to the agreement is amended by substituting new "Exhibit A" as
attached hereto.
IN WITNESS WHEREOF, this Amendment has been executed on the day and year first
above written.
DEv"ELOPER:
HEALTHSYSTEMM~SOTA
~~='~
CITY OF PRIOR LAKE
By:
Wesley M. Mader, Mayor
By:
Frank Boyles, City Manager
60240
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APPROVED FOR FORM & EXECUTION
By:
Suesan Lea Pace, City Attorney
REVIEWED FOR ADMINISTRATION
By:
Greg Illka, City Engineer
STATE OF MINNESOTA )
W )o$s.
COUNTY OF U~G '
The f~g instrum~ was acknowledged before me this Sa clay of ~<--
1991, by t( Lv. Gf11a.AJ1e ~ v: P of HEALTHSYSTEM
MINNESOTA!, a M~n, on behalf of the corporation. ~
.~ARSHAW.BALLARD \ LA1;/ '" . A J. _ //1
~Q NOTAAYPUeUC-MINNESOTA / t/~ tV.
~\*t HENNEPIN COUNTY .
,>~!'.. C. 'ssionExpiresJan.31.2CCO;> Notary PublIc
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STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
199_, by Wesley M. Mader, and Frank Boyles, the Mayor and City Manager, respectively, of
the CITY OF PRIOR LAKE, a Minnesota municipal corporation, on behalf of the corporation
through the authority given by its City Council.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Campbell Knutson
Professional Association
1380 Corporate Center Curve
317 Eagandale Office Center
Eagan, MN 55121
60240
2
04/22/98 WED 10:53 FAX 612340;800
DORSEY WHITIiEY
I4l 00-1.
EXHIBIT A
LEGAL DESCRIPTION
That part of the West Half of the Southeast Quarter of Section 2, Township 114,
Range 22, Scott County, Minnesota, described as follows:
Commencing at a point on the east line of said West Half of the Southeast
Quarter distant 1677.13 feet north of the southeast comer thereof (said east
line to bear North 0 degrees 47 minutes 03 seconds East for purposes of this
description); thence North 89 degrees 12 minutes 57 seconds West a distance
of 4.78 feet to the East line of the West Half as monumented by the plat of
Prior South being the point of beginning of the land to be described; thence
South 0 degrees 37 minutes 17 seconds West a distance of 700.00 feet to the
intersection with a line drawn at right angles to said east line of the West Half
of the Southeast Quarter from a point on said east line distant 700.00 feet
southerly of the point of commencement; thence North 89 degrees 12
minutest 57 seconds West a distance of 700.00 feet; thence North 0 degrees 37
minutes 17 seconds East a distance of 695.83 feet to the southeasterly right-of-
way of Highway No. 13; thence northeasterly a distance of 6.68 feet along said
right-oi-way to the intersection with a line that bears North 89 degrees 12
minutes 57 seconds West from the point of beginning; thence South 89
degrees 12 minutes 57 seconds East a distance of 694.77 feet to the point of
beginning.
Together with that part of said West Half of the Southeast Quarter of Section 2
described as follows:
Commencing at a point on the east line of said West Half of the Southeast
Quarter, distant 1677.13 feet north of the southeast comer thereof (said east
line to bear North 0 degrees 47 minutes 03 seconds East for purposes of this
description); thence North 89 degrees 12 minutes 57 seconds West a distance
of 4.78 feet to the East line of the West Half as monumented by the plat of
Prior South being a line which bears North 0 degrees 37 minutes 17 seconds
East from the southeast corner of said West Half of the Southeast QUarter;
thence North 0 degrees 37 minutes 17 seconds East a distance of 263.95 feet,
more or less, to the Southerly right-of-way line of County Road 39 as
monumented (Franklin Trail); thence westerly along the said Southerly right-
of-way line a distance of 150.00 feet to the point of beginning of the land to be
described; thence South 0 degrees 37 minutes 17 seconds West a distance of
256.44 feet to the intersection with a line that bears North 89 degrees 12
minutes 57 seconds West from the point of commencement; thence North 89
degrees 12 minutes 57 seconds West a distance of 61.25 feet to the intersection
with a line 215.84 feet westerly, as measured at right angles, of said east line of
the West Half of the Southeast Quarter; thence North 0 degrees 47 minutes 03
seconds East parallel with said east line a distance of 253.41 feet to the
intersection with said Southerly right-ai-way line of County Road No. 39 as
monumented (Franklin Trail); thence easterly along said parallel line a
distance of 60.57 feet to the point of beginning.
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04/22/98 WED 10:53 FAX 6123407800
DORSEY WHITNEY
I4i 005
PARCEL A:
That port of the West Holf of the Southeast Quarter of Section 2, Township 114. Ronge 22,
Scott County, Minnesota, described os follows:
Commencing at 0 point on the east line of said West Half of the Southeast Quarter,
distan t 1677.13 feet north of the southeost corner thereof (said east line to bear Narth
o degrees 47 minutes 03 seconds East for purposes of this descrip tion); thence North 89
degrees 12 minutes 57 seconds West 0 distance of 4.78 feet; thence South 0 degrees 37
minutes 17 seconds West a distance of 700.00 feet to the in tersection with 0 line drawn
ot right angle to said east line of the west Half of the Southeast Quarter from 0 point
on said east line distant 700.00 feet southerly of the point of commencement; thence
North 89 degrees 12 minutes 57 seconds West 0 distance of 700.00 feet; thence North 0
degrees 37 minutes 17 seconds Eest a distance of 239.96 feet to the point of beginning
of the land to be described; thence South 89 degrees 12 minutes 57 seconds East a
distance of 168.25 feet: thence North 51 degrees 47 minu tes 24 seconds East 0 distance
of 413.25 feet; thence North 0 degrees 47 minutes 03 seconds East a distance of
200.00 feet to the intersection with a line that bears North 89 degrees 12 minutes 57
seconds West from the point of commencement; thence North 89 degrees 12 minutes 57
seconds West 0 distance of 485.51 feet to the southeasterly right-of-way of Highway No.
13; thence Southwesterly a distance of 6.68 feet along said right-of-wey to the
intersection with 0 line that bears North 0 degrees 37 minutes 17 seconds East from the
point of beginning; thence South 0 degrees 37 minutes 17 seconds West 0 distance of
455.87 feet to the point of beginning. .
04/22/98 WED 10:54 FAX 6123407800
DORSEY WHITNEY
4tl 006
PARCEL B:
That part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22.
Scott Caun ty, Minnesota, described os follows:
Commencing at 0 point an the ea;;t line of said West Half of the Southeast Quarter,
distan t 1677.13 feet north of the southeast corner thereof (said east line to bear Norlh
o degrees 47 minutes 03 seconds East for purposes of this description); thence North 89
degrees 12 minutes 57 seconds West a distcnce of 4.78 feet to the point of beginning of
the land to be described; thence South 0 degrees 37 minutes 17 seconds West 0
distance of 700.00 feet to the in tersection with 0 line drown at righ t angle to said east
line of the West Holf of the Southeast Quarter from a point on said east line distant
700.00 feet southerly of the point of commencement; thence North 89 degrees 12
minutes 57 seconds West a distance of 700.00 feet; thence North 0 degrees 37 minutes
17 seconds East a distance of 239.96 feet; thence South 89 degrees 12 minutes 57
seconds Eost 0 distance of 168.25 feet; Thence North 51 degrees 47 minutes 24 seconds
East 0 distance af 413.25 fee t; thence North 0 degrees 47 minu tes 03 seconds East. a
distance of 200.00 feet to the in tersection with a line that bears North 89 degrees 12
minutes 57 seconds West from the point af beginning; thence South 89 degrees 12
minutes 57 seconds East 0 dist.ance of 209.25 feel to the point of beginning.
Together with that port of said West Holf of the Southeast Quarter of Section 2 described as
follows:
Commencing ot a point on the east line of said West Half of the Southeast Quarter,
distant 1677.13 feet north of the southeast corner thereof (soid east line to bear North
o degrees 47 minutes 0.3 seconds East for purposes of this description); thence North
89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to a line which bears
North 0 degrees 37 minutes 17 seconds Ecst from the southeast corner of said West
Half of the Southeast Quarter: thence North 0 degrees 37 minutes 17 seconds East a
distance of 263.95 feet. more or less. to the southerly right-of-way line of County
Rood No. 39 (Franklin Trail); thence westerly along said southerly right-of-way line a
distance of 150.00 feet to the point of beginning of the land to be described; thence
South 0 degrees 37 minutes 17 seconds West 0 distance .of. 256.44 feet to the
intersection with 0 line that bears North 89 degrees 12 minutes 57 seconds West from
the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a
distonce of 61.25 feet to the in tersection with 0 line 215.84 feet westerly, as measured
ot right engles. of said east line of the West Half of the Southeast Quarter; thence
North 0 degrees 4 7 minu~es 03 seconds East parallel with said east line a distance of
253.41 feet to the intersection with said southerly right-of-woy line of County Road No.
39 (Franklin Trail); thence easterly olong said southerly right-of-way line a distance of
60.57 feet to the point af beginning.
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