HomeMy WebLinkAboutHoly Cross Luth Dev Agree
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THIS AGREEl'Il.tj,NT made and entered into as of the Q ~ day of
r · 1993, by and between the City of Prior Lake, a Minnesota
muniCIpal corporation (hereinafter "City") and Holy Cross Lutheran Church of Prior
Lake, Minnesota (hereinafter ''Holy Cross").
REC.u.ALS
WHEREAS, Holy Cross desires to construct a church building on its property
in the City of Prior Lake, and
WHEREAS, Holy Cros has requested that the City provide sewer service to
its property line which will require extending sanitary sewer across County State
Aid Highway 42 and along the length of property located on Pike Lake Trail, and
WHEREAS, in order to extend said sewer line as requested by Holy Cross,
the City requires reimbursement for certain construction costs and needs certain
right-of-way easements for the City and Scott County
NOW THEREFORE, in consideration of the mutual promises, convenants
and agreements herein and in consideration of the City extending its sanitary sewer
line to Holy Cross' property, the parties agree as follows:
Page 1
1. Holy Cross shall pay City Four Thousand ($4,000.00) Dollars prior to
the issuance of a building pe~ ~t by the City to Holy Cross.
2. Holy Cross shall pay City Seventy-Four Thousand Six Hundred
Eighty-Two And 47 /100ths ($74,682.47) Dollars (the balance of the sanitary sewer
extension construction costs and related fees) by July 19, 1993. In the event said
balance is not received by the City by July 19, 1993, the City shall stop further
building inspections and will not issue a Certificate of Occupancy.
3. Holy Cross shall execute and deliver all necessary easements required
for the extension of the sanitary sewer project as prepared by the City and Scott
County.
4. The assumptions and understandings of the parties as set forth on
Exhibit "A" attached hereto are incorporated herein and are part of this Agreement.
5. This Agreement may be amended by the parties hereto only by __~~tten
instrument executed in accordance with same procedures and fo~~ity followed for
the execution of this Agreement:
6. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute one
in the same instrument.
7. The terms and conditions hereof shall be binding upon and inure to the
benefit of the representatives, successors, and assigns of the parties hereto.
8. This Agreement shall be executed by the City Manager and the Mayor
of the City only when authorized by the City Council.
IN WITNESS WHEREOF, City and Holy Cross have caused this Agreement
to be duly executed as of the day and year first above __~~tten.
Page 2
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APPROVED BY T.t:lt.i CITY COUNCIL ON '1.t:lt.i ~/ 'DAY OF
-r/
, 1993.
~~; (
n1~ Q.'~l/b I~~
By Vl,:1!it{/
:~O~S~. .iZZ-
~~MaYOr
APP' ~VED AS TO FJIDIIft
By .~~ ~, ,U
Glenn R. Kessel
LOMMEN, ~~LSON, COLE, & STAGEBERT, PA.
80 South 8th Street, Suite 1800
NUnneapolis,~ 55402
HOLY 9)088 LtrnIE~ CHURCH
By (./hh1, (.!~
Charles;,. . Tru~ste . / :/
By/ L7~
GarY'Tho pson, Tnistee
By'0~~- -
David Busse, Trustee
Page 3
STATE OF MINNESOTA)
)
CO~T i OF SCO.L .L' )
On the day of , 19 , before me, a Notary
Public, within and for said County personally appeared Lydia Andren and Frank
Boyles, to me personally knowu, being each by me duly swom did say that they are
the Mayor and City Manager, respectively, of the City of Prior Lake, a Minnesota
municipal corporation, named in the foregoing instrument; and that said
instrument was signed on behalf fa the municipal corporation by authority of its
City Council and acknowledged said instrument to be the free act and deed of said
municipal corporation.
Notary Public
STA.L~ OF MINNESOTA)
)
CO~'l'i OF SCO'l.L )
/t;-~ ~
On the ~ day of .' , 1993 before me, a Notary Public,
within and for said County perso y appeared Charles Vig,Gary Thompson, and
David Busse, to me personally knowu, being each by me duly sworn did say that
they are Trustees of Holy Cross Lutheran Church, and that said instrument was
signed on behalf of the Church of authority of its Board of Trustees and
acknowledged said instrument to. be the free act and deed of said Church.
AGREE.WRT
MARY A. MIEROW
8.4' ".... NOTARY PUBlIC. MINNESOTA
{'>> SCOTT COUNTY
. \ My~""I.V"__Oc:t.15, 1996
Page 4
"EXHIBIT A"
CIIllRCH
June 11, 1993
1. ASS~IONS
A. Holy Cross will grant easements for street as t"&''-}iared by Scott County and the
City of Prior Lake
-75 feet CSAH 42
-75 feet Pike Lake Trail
B. Frontage and area charges based upon easements being provided.
2. City will extend sanitary sewer across CSAH 42 and extend the length of the ldu}lCrty
along Pike Lake Trail and provide a sewer service stub to the pro}k.& lj line.
The City understands that the church desires cOul}Iletion of the building by September 1,
1993. The City will make reasonable efforts to have the sewer available at .that time. In
the event that the sewer is not available at that time, the City will not be liable for delays
caused.
3. Sanitary sewer, watermain and paving improvements will be adjacent to the property
along CSAH 42 & Pike Lake Trail in the future. Assessments and/or charges will be
based upon the rates and policies at that time.
4. The cU.u~ut rates are as follows:
Street Collector
Trunk Sewer
Trunk Water
Storm Water Management
$ 401F00t
$ 4O/Foot
$ 20/F00t
$ 700/Acre
$1,375IAcre
$1,3751 Acre
$. 168/Square Foot
Sewer
Street
Water
5. The amount owed to the City based upon providing ROW is as follows:
SAl'IIIARY SEWER
A.
Sanitary Sewer Trunk
6.29 Acres ($1,375IAcre)
=
$ 8,648.75
B. Sanitary Sewer Lateral
Page 1
490 Feet ($40.00IFoot)
=
$19,600.00
$28,248.75
SUB TOTAL
STREET rOLLELIOR ..~E
6.29 Acres ($700.001 Acre)
=
$ 4,403.00
STORM WAIl4.JR MANAGEMENT 14l4.JE
6.29 Acres ($. 168/Square Foot)
43,560 Square Feet! Acre
=
$46,030.72
$78,682.47
TOTAL
=
6. To facilitate cash flow for the church in lieu of collecting the amount owed to the City up
front, the church will pay $4,000.00 prior to issuance of a building permit and the balance
by July 19, 1993. In the event that payment is .not made by July 19, 1993, the City will
stop further building inspections and will not issue a ~j.lillcate of Occupancy.
7. City Staff will present this for Council approval at the June 21, 1993 Council Meeting.
The church will agree to this in writing prior to placing it on the Council Agenda.
CHURC1.WRT
Page 2
EXHIBIT A
WAIVER AND RELEASE
WHEREAS, we are the owners of certain real property abutting
upon Forest Circle within the Shanqri-La
Subdivision, Scott
County, Minnesota, located in the City of Prior Lake (hereinafter
referred to as "city") and,
WHEREAS, we have received notice of a request by Robert
Paschke, Developer to the City for the construction of certain
improvements, to-wit:
Forest Circle from Fish Point Road to end terminus and within
proposed Forest Oaks First Addition Subdivision by the
construction of grading, sanitary sewer, watermain, storm
sewer, aggregate base, concrete curb and gutter, bituminous
surfacing and appurtenant work:
(hereinafter referred to as "Improvements"), and
WHEREAS,
(hereinafter referred to as "
JMP Development, Inc.
JMP
"
,
is the owner of real property, legally described as follows:
That part of Government Lots 1 and 2, section 36, Township
115, Range 22, Scott County, Minnesota described as follows:
Commencing at the southeast corner of said Lot 1; thence
north along the east line of said Lot 1, a distance of 400.00
feet: thence deflecting to the left 89 degrees 22 minutes 00
seconds a distance of 600.00 feet to the actual point of
beginning; thence continuing along the last described course
a distance of 302.30 feet; thence south parallel with said
east line a distance of 473.3 feet more or less to the new
ri~ht-of-way line of Maves Road; thence southeasterly along
sa1d new right-of-way and right-of-way line to its
intersection with a line drawn south parallel with said east
line from the point of beginning; thence north along said
parallel line to the point of beginning
, abutting upon Forest Circle
thereby are affected by any
within said Improvements and
resolution
authorizing
said
Improvements, and
WHEREAS, JMP , as an induqement for the city to
order and authorize said Improvements pursuant to Minnesota
S~a~u~es Chap~er 429, which provisions grant affected property
owners certain procedural and legal rights regarding said Chapter
429 proceedings, desire to waive and release certain of their
rights and agree to be bound by the assessments regarding the
Improvements authorized by the City,
NOW, THEREFORE, JMP hereby covenant and agree as
follows:
1. That in the event City determines to make said
Improvements and let the contract for all or part of said
Improvements pursuant to Minnesota Statute Chapter 429,
JMP hereby convenant and agree to waive and release
City of any and all rights they may have under Chapter 429 with
respect to issues of procedure, legality of proceedings, and/or
apportionment of the cost of the Improvements in the amount of
their assessment, PROVIDED, HOWEVER, the actual amount assessed
against the above-described property of JMP will not
exceed $ 90,000.00.
2. That in the event the amount to be assessed against the
above-described property exceeds $ 90,000.00, then JMP may
object to the apportionment of the assessment costs but only with
respect to the issue that said assessment is in excess of the
benefits received to the above-described property, however, only
to the extent said Improvements and assessment exceed
$ 90,000.00.
IN WITNESS WHEREOF, the undersigned has executed this Waiver
and Release this
day of
, 19
APPROVED AS TO FORM:
Robert A. Paschke, President
JMP DEVELOPMENT, INC.
By
Glenn Kessel
THIS INSTRUMENT WAS DRAFTED BY:
Lommen, Nelson, Cole & Stageberq, P.A.
80 South 8th Street, suite 1800
Minneapolis, MN 55402
(612) 339-8131
(WAIV1)
Form No. 31-M -QUIT CLAIM DEED
.-..... .~'--~_._*...... .......
Corporation or Partnership
to Corporation or Partnership
.Mlnnesota UnHoml Conveyanclng Blanks (1978)
Miller-Davis Co,. Minneapolis
by
Office of County Recorder
Scott County, Minn.
I hereby certify that the within
instrument was recorded in this
Officeff; fecord on thA a
day 0 I. .0. 19.]~
at I: ~O'CIOOk)M and duly
recorded as 3196 O' "l
~~
Acting County Recorder
By Oeputy
('07j) "
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No delinquent taxes and transfer ent,~ Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate Of~.. 1 Estate Value No.
.,;j"rt! /4, 19 ~3
..... ~., '"
~~~
. "" County Auditor
#4P~~~
/) ()J T
Deputy
;: )(l../k-tl'/ \
STATE DEED TAX DUE HEREON: $ ;-.i-:~i""~ --' ..'
.~C'~... ~
Date:
,19
(reserved for recording data)
a
poli+-ir.nl
Scott
~nbdivision
Holy Cross Lutheran Church
, a non-profit cO.LpJration under the laws of
, Grantor, hereby conveys and quitclaims to City of, Prior "Lake
, Grantee,
, real property in
under the laws of Minnesota
County, Minnesota, described as follows:
FOR VALUABLE CONSIDERATION,
Minnesota
An Easement for Highway purposes on the following described property:
The West 75.00 feet of the North 640.00 feet of the West 560.00 feet of the
North Half of the Northeast Quarter of Section 26, Township 115, Range 22,
Scott County, Minnesota.
Containing 1.102 acres.
(Continued on back)
Consideration for this transaction is less than $1,000.00.
The Seller certifies that the Seller does not know of 'any wells on the
described real property.
(If more space Is needed. continue on back)
together with all hereditaments and appurtenances beIOnging~.
A/~"
"BY~ ("~ '-' ~
AffixL>eed Tax SbUllp Here {~ ~
Its ~
By Lf~, j ..1 ( ).;
Its /
Trustee
Trustee
Head Trustee
STATE OF MINNESOTA
CO UNTY OF J(' l;.t{ ./
} 55.
The foregoing was acknowledged before me this
by _~ \.J~~I\; tmlf(,-a &~
the - ,-jl) q I .(\Tp 01)
ofL1'~i. ('))~) (~~jif( dG eft.. JA-~
under the hiws of Y"YUJ\JYl OJ)tit(J....,
NOT A R IAL"s'T-AMP"oa"s"E'AL"'(oR"oTHER'Tll;i:i'''OR' R ANIC')"'-"'
r;." MARY A. MIEAOW ~.
. .,.,~< NOTARY PUBUC- MINNESOTA
.. .~ SCOTT COUNTY J
_ ~' '. ~ .M~ COM~ISSION EXPI~ES 1 Q.15.96
/ G'11->/ day of auo'4.tot , 19 93 ,
and 'r ht1}) Q2 1'\ r~J.,,-'clt U
'flad- ' u
, a ..LJU'>Y) - ~ r &> ar) Cl!M--&
, on behalf of the ' ):jrtnj~~ I .
1710JlNt a. 'fYULfW~~
SIGNA'I'URaiOF PERSON TAKING ACKNOWLEDGMENT
Tax Statement. tor the real property delcrlbed in thla inltrument should
be lint to (Include name and addu.. of Grantee):
SCOTT COUNTY HIGHWAY DEPT.
600 COUNTRY TRAIL EAST
JORDAN MN 55352
X City of Prior Lake
Prior Lake City Hall
4629 Dakota street SE
P.O. Box 359
Prior Lake, MN 55372
THIS INSTRUMENT WAS DRAFTED BY (N AME AND ADDRESS):
f. oJr.. fJ~ ~