HomeMy WebLinkAbout8B - PW Project Cost Approval
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
BACKGROUND:
DISCUSSION:
/1
(.'
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F K BOYLES, CITY MANAGER ~
C NSIDER APPROVAL OF PROJECT cos-hoR PUBLIC
WORKS/PARKS MAINTENANCE AND SACT/SAND STORAGE
BUILDING
MAY 1, 1995
^,t their February 21 meeting, the City Council authorized the firm
of BR W Elness to act as architect for the public works/parks
maintenance facility project. This project, together with the sand
and salt storage building is scheduled for construction this year in
accordance with the 1995-1999 Capital Improvement Program
(attached). The projects were estimated to cost $2.65 million and
$100,000 respectively. Both projects are expected to be funded
through Capital Facility Account Charges and other internal
financing. This agenda item requests Council approval of a
revised project cost for both the Public W orkslParks Maintenance
facility and Sand/Salt Storage building.
The original construction cost estimates for these two facilities was
established through a Needs Assessment Study conducted by
Boarman, Kroos in 1993. The Needs Assessment Study attempted
to define, in a general way, the types of buildings the city would
need, when they would be required, and their approximate size.
The cost estimates were rough at best.
As a first step in the Public Works/Parks Maintenance facility
construction project, the architect has reviewed with staff members
specific short and long term needs for the building. BR W
Architect, Pete Keely, set forth his findings in a memorandum
dated March 20, 1995. As the Council can see, estimates
specifically address square foot requirements for vehicle storage ,
vehicle maintenance, shops, toilets and lockers, lunch room and
offices. This memorandum assumed a 40,000 square foot gross
building. As noted in the memorandum a 40,000 square foot space
would no1 serve the needs of Public Works and Parks Maintenance
AG5195D,DOC
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTIJNITY EMPLOYER
ISSUES:
AG5195D.DOC
into the future. To do so requires a 45,000 square foot building at
minimum. Weare able to utilize a smaller building than the
65.000 square foot building identified in the Needs Assessment
Study because we intend \ to continue using the existing metal
public works buildings for certain types of seasonal storage.
Having identified specific needs by use type, the architect has
established a refined construction budget. That budget is set forth
below.
45.000 sq. ft. Buildin~. including all equipment,- $2,610,000
5000 sq. ft. Salt Stora~e Bui1din~ - $ 170,000
Total $2,780,000
Architect's Fee for Original Project $ 175,000
Architect's Fee for Additional Building Cost -
$ 45.000
Total Project Allocation
$3,000,000
The combined cost of the two projects has increased from the original
rough estimate of $2.75 million to $3.0 million for a number of reasons.
While the Needs Analysis addressed space, it did not address cost with any
degree of refinement. Therefore, the per square footage costs did not
correspond to the actual quantity and quality anticipated in the final
structure. Second, the Needs Assessment estimated only three offices
whereas an estimated seven offices will be needed over the next ten to
fifteen years to fulfill needs in these activity areas. The Needs Assessment
did not include equipment inside the building, including bulk grease and
oil handling and distribution, hoists, cranes, workshops, and chemical
storage lockers. Each of these is a "big ticket" item, but absolutely
essential for functionality of the building. The Needs Analysis did not
include the fuel station as well. In short, it was a rough estimate of what
the project might cost.
We have analyzed other building options. One option would be to retain a
40,000 square foot building including sand/salt storage, fuel station and
storage bins. This option would meet immediate needs but would not
address the city's needs much beyond the next five years.
A second option would be to construct a 45,000 square foot building,
eliminate the sand/salt building and reduce a number of the contents in the
building such as the bulk maintenance equipment, hoists, cranes, etc. The
problem with this option is that it provides the space but not the means
through which to accomplish the work at hand. Under this scenario, the
city would have to make substantial additional expenditures in the very
near future.
FISCAL IMPACT: The Capital Improvement Program anticipated that the costs for the Public
Works/Parks Maintenance Building and Salt/Sand Storage facility would
be drawn from other CF AC charges Specifically, the central facility
account charge (CF AC) has been earmarked to finance this structure over
the next 20 years. Bonds would be sold and then paid over a 20 year span
through CF AC revenues received. Given the total project cost, I
recommend the finance mechanisms shown below:
Bonds (paid back by CF AC)
- $ 2,140,000
Building Fund (already accumulated CF AC funds) - $ 350,000
Trunk Reserve (contributions from area charges)
- $ 250.000
Enterprise Contributions (sewer and water funds) - $ 260.000
T otal Revenues .................................................$3,000,000
The CF AC revenues assume 4000 accounts which would increase by 100
connections each year for the next 20 years. The CF AC charge of $7.50 is
calculated to remain the same for the purposes of those projections.
ALTERNATIVES: Council has the following alternatives:
1. Retain the construction budget of $2,650,000 for the Public
W orkslParks Maintenance Building and $100,000 for the
sand/salt building and direct staff to pare back both structures to
meet more short than long range needs.
2. Authorize both projects not to exceed $3,000,000 , approve the
funding sources and authorize an additional $45,000 in
architectural fees because of the increase in project cost.
RECOMMENDATION: Alternative #2
The three million dollar project cost is not excessive when
compared to public works building costs in other communities.
The preliminary design does not contemplate an overly elaborate
building. Rather, the building is functional and designed to fit with
AG5195D.DOC
ACTION REQUIRED:
AG5195D.DOC
the industrial park project and the fire station. Most important, it is
important that the building meet both current and future needs.
Public works and park maintenance will continue to grow in
importance as our community develops.
Motion and second to authorize a project expenditure of no more
than $3,000,000 and salt/sand storage building, authorize the
funding sources as set forth above, and authorize an additional
$45,000 in architectural fees because of the increase in project
costs.
1995 CAPITAL BUDGET
and 1995-1999 CAPITAL IMPROVEl\mNTS
I.Description and Location:
New public works, parks, and Rolice "ara~e. Space
Neeqs Study analysIs outcome in 199~ will determine
the tlnung.
Department: Public Works
Project Title: City Maintenance Facility
Project Number:
Pro' ect Useful Life: 20 Years
II.Purpose:
Construct new Public W orks/Parks Maintenance
building.
IV.Cost/Benefit Impact Statement:
The existing building is not adequate to Qrovide space
for departm:ents. The land area is not sutlicient in size
to expand. Funding options are lease or Capital
Facilities Fund.
Project Financin2 1995 1996 1997 1998 1999
Prooertv Tax
Project Levv
Eouioment Certificates
Soecial Assessments
Intel"2ovemmental
Citv MSA Funds
Caoital Park Funds
Fund Balance
Grant/Contributions
Other/(Utilitv Revenue) 2.650.000.00
TOTAL 2.650.000.00
Project E 1995 1996 1997 1998 1999
RenovationslRe airs
Land Ac uisition
BuUdin s & Plant 2.650.000.00
E ui ment
Vehic1es
Other
TOTAL 2.650.000.00
;r CIP-22
.
~
~
1995 CAPITAL BUDGET
and 1995-1999 CAPITAL IMPROVEMENTS
I.Description and Location:
Sand/Salt Storage FacilLtv at the current shop location
or future Public W orkslPark Maintenance Facility.
II.Purpose:
To enclose sand/salt stock pile for Environmental
Protection purposes.
Department: Public Works
Project Title: Sand/Salt Storage Facility
Project Number:
Project Useful Life: 20 Years
m.Needs Assessment: High
Priority Rankin2: 1
IV .Cost/Benefit Impact Statement:
Building provides protection from w~ather. prevents
ground and surface water contanunatlon.
Project Financin~ 1995 1996 1997 1998 1999
PropertY Tax
Proiect Levv
Equipment Certificates
Special Assessments
Inten!ovemmental
City MSA Funds
Capital Park Funds
Fund Balance
Grant/Contributions
Other/(Utilitv Revenue) 100.000.00
TOTAL 100.000.00
Project Expenditures 1995 1996 1997 1998 1999
Construction{New)
Renovations/Repairs
Land Acquisition
Buildin2S & Plant 100.000.00
Equipment
Vehicles
Other
TOTAL 100.000.00
CIP- 21
[II[BI
DATE:
TO:
fROM:
PRESENT:
RE:
Thresher Square
700 Third Street So.
Minneapolis,
MN 55415
612/339-5508
Fax 612/339-5382
BRW ELNESS ARCHITECTS INC
03120/95
Larry Anderson
Pete Keely
Larry Anderson, Bonnie Carlson, Al Friedges, Doug Harnnan,
Bret Woodson, Jeff Oertel, Pete Keely
Public Works Building Meeting Notes 3/13/95
We enjoyed meeting with everyone Monday morning. We feel that we had an extremely
productive fIrst meeting. Thank you for the comments and input This type of interactive
process is not only enjoyable, but productive, as seen Monday. The following is a list of the
issues and discussion from our meeting, to make sure we are all in agreement. If any
questions or concerns arise from this list, please contact us.
The original space needs study identifies a need for 65,000 gross square feet and 45,000 net
square feet. The construction budget is adequate for a bare bones building of 45,000 square
feet.
Salt and sand storage is not in the current space needs assessment In the opinion of those
presen~ salt and sand storage and handling is a need that needs to be addressed soon, from
an operational and environmental assessment.
Fueling should be handled at the new facility.
The existing buildings will continue to be used as storage.
Larry will detennine the maximum hard construction cost from the overall budget.
Bonnie will get the business park standards to BR W Elness.
As a rough estimate from Jeff, salt and sand storage facility would cost from $130 -
$160,000 plus site work.
Outdoor bins would be a desirable feature for additional storage.
The group went through the space needs assessment area by area to determine its
appropriateness. It is our understanding that nobody in the group had done more than a
cursory review of the space needs assessment until the Monday meeting.
Vehicle Storage Estimated gross area 24,500 s.f.
Al and Doug identified 52 vehicles that would be need to be stored to me the current
and immediate future need. Al and Doug will verify this count Larry will get BRW Elness
a full 11 x 17 copy of the space needs assessment of vehicle storage, as this portion was cut
off in their copy. Jeff estimated this area to be 20,800 sJ.
Equipment: Al estimated 25 pieces of equipment, half of which are seasonal and
can be stored in the existing building. Doug estimated 3/4 of the public works equipment
can be stored in the existing building. The group identified 2500 additional s.f. for
operational and large part storage.
Additional storage could be accomplished with storage racks over the vehicles,
similar to the Eagan cold storage facility.
A wash bay was estimated at 1200 sJ.
Small equipment as well as, Loading and temporary storage can be incorporated
into the vehicle storage area.
Vehicle Maintenance Estimated gross area 5750 s.f.
1bree bays for maintenance would be required now, with a fourth one in the future.
One of these bays should be a drive-thru type. Small equipment maintenance should be
handled in a fourth bay with this possibly becoming vehicle maintenance in the future.
Space need estimated at 4,000 s.f.
Welding area 600 s.f.
Tire and Equip. 650 s.f.
Lube Bulk Storage 100 s.f.
Small Part Storage 250 s.f.
Mechanics Office 150 s.f.
Nuts and Bolt bins would be accommodated within the vehicle maintenance bays.
Tire and Equipment storage would be handled with a mezzanine.
Shops 2200 s.f.
Meter shop 100 s.f. and storage 50 s.f. Water meter distribution should be handled
at the Public Works facility, and a storage area needs to be provided near the front reception
area for ease of distribution.
Wood Shop 1500 s.f. Access from inside with double doors.
Sign shop, 400 s.f. Area for storage of signs, with brackets and shelves or some
other type of storage system. Direct access to wood shop. Signs would not be made at
facility in perceivable future, only stored.
Machine shop, The space needs assessment identifies this as a need, but it is of the
opinion of the group that this is not necessary, and should be eliminated from the program.
Any functions necessary of this space could be incorporated into the fourth bay of vehicle
maintenance.
Chemical Storage 100 s.f.
Paint Storage, 2 cabinets for flammable, 50 sJ.
Toilets and Lockers 800 s.f
Parks
Public Works
Today
12 (7 Seasonal)
9 (4 Seasonal)
Tomorrow
14
12
2000
24 (14 Seasonal)
21 (8 Seasonal)
Space planning should allow for 45 people, with full height lockers for full-time positions,
and half lockers for seasonal. Women*s lockers to be contained within bathroom area.
Toilet areas should contain one shower each bathroom, with a gang wash in open area
adjacent.
No timeclock is used presently, however, power should be run to location for that possibility,
and timesheet and cOWlter work area should be provided.
Lunchroom 1000 s.f.
Accordion partition to divide room into approximately equal parts, audio-visual
screen, and t.v. mount.
Alot of light and glass areas to provide better working enviromnent, and IWlchroom
space.
Offices 2200 s.f.
Offices accessible to public, however, clear orientation for public to access
reception area fIrst.
Storage space for as-built plans, and plan reading area.
Plan for area for well monitors, but area for special monitoring personnel not
necessary .
Four enclosed offices are necessary now, with two-three additional enclosed offices
in the near future. Enclosed offices should be 160-180 s.f. each.
Open office space should be provided that could serve as expansion space in the
future.
One Wlisex bathroom will be sufficient to serve public, rather than the two separate
bathroom facilities as indicated in the space plan needs.
Small conference room should be provided.
Ii ii/'ll
The gross square footage required for the programmed spaces totals 36.450 s.L With an
allowance often percent for circulation. mechanical/electrical areas. janitorial. miscellaneous
storage. and inevitable inefficiencies in space. the overall facility can meet the current and
immediate future needs with approximately 40,000 s.f. of gross space.
Expansion can most easily be accommodated at the external areas of the building,
specifically the vehicle storage bays. Additional vehicle storage that cannot be handled at
the existing facility would be accommodated with a future expansion. Additional office
space could be added with a future expansion.
The construction budget can seemingly accommodate the salt and sand storage. and a 40.000
s.f. facility. keeping in mind that the facility would be stripped down in terms of equipment
to provide for the minimum necessity.
The 40.000 sJ. facility would meet the current and immediate future needs. but not the needs
of the near future.
After discussion of the strategies possible for building the Public Work Facility. sand/salt
storage. fuel tanks. and site amenities. Larry and Bonnie advised BRWEA to prepare a
memo outlining several strategies for the scope of construction. Bonnie requested BR WEA
to advise on additional money required in order to avoid problems in the upcoming years as
represented in the different strategies.
April 27, 1995
Dear Resident:
This letter is being mailed to you per direction given by the Prior Lake City Council. The
preliminary plat of Knob Hill is approved per the conditions placed upon the subdivision
by the City Council on August 1,1994 via Resolution 94-46. On May 1, 1995. the final
plat of Knob Hill will be considered by the City Council as a consent agenda item. The
requirements for final plat approval are that the documents be in substantial compliance
with the approved preliminary plat. No additional changes, outside of the conditions
placed upon the preliminary plat on August 1, 1994 can be required of the developer.
The City Council action will be to approve the fmal plat and the contract. (Developer's
Agreement), for installation of utilities, streets and other public improvements required
by the Prior Lake Subdivision Ordinance. The final plat will be approved, or denied as
part of a motion on the entire consent agenda There will be no discussion of the final
plat unless the City Council decides to remove consideration of the final plat from the
consent agenda. If removed, discussion of the final plat will likely occur at the end of the
regularly scheduled City Council meeting.
One of the major topics of public interest in the subdivision of Knob Hill related to the
title opinion for the subject site. The purpose of this letter is to inform you of the result
of the title work that has been completed for the land owned by Gold Nugget
Development. The subject site is the approximately 96 acre "Knob Hill" property located
adjacent to Pike Lake Trail and Chatonka Beach Trail.
The subject site was granted preliminary plat approval for a 173 lot" single family
subdivision on August 1, 1994 by the Prior Lake City Council. One condition of
preliminary plat approval required that the developer resolve title issues related to the
subject site. Attached find a copy of the Commitment of Title Insurance issued by Old
Republic National Title Insurance Company and a summary of the major title issues,
their resolution and impacts related to the subject site. All of the title issues have been
addressed to the satisfaction of City Attorney, Glenn Kessel. The City Attorney will has
accepted the Commitment of Title Insurance, therefore that condition of preliminary plat
approval has been satisfied.
The Commitment of Title Insurance indicates that there is one encroachment issue
related to a fence located on the northwest part of the subject site. The developer and
land owner are negotiating to resolve the fence issue. In the event the fence issue is not
16200 Eagle Creek Ave., Prior lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTI.:NITY E~PLOYER
resolved by the May 1, 1995 City Council meeting, the City Attorney will request that it
be resolved as a condition of final plat approval.
I hope that this information is usefu,l to you. I have also attached a copy of the City
Council agenda report and draft Resolution 95-27 approving the preliminary plat and
developer's agreement. The City Council meeting is scheduled at 7:30 p.m. on Monday,
May 1, 1995. The City Council chambers is located in the Prior Lake Fire Station #1,
located on the southwest corner of County Road 21 and Fish Point Road. To get to the
fire station, you must drive on County Road 21, because the segment ofFish Point Road
to the north of C.R. 21 has not been installed.
Questions regarding the final plat documents should be directed to Deb Garross, Assistant
City Planner at 447-4230. Questions related to physical development on the property
such as grading, roads, installation of sewer, water, storm sewer and other items should
be directed to Larry Anderson, Public Works Director, by calling (612)447-4230.
s~~
Deb Garross
Assistant City Planner
dg
Enclosure: 17 pages
cc: Frank Boyles
City Council Members
"KNOBL2"
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
ISSUES:
STAFF AGENDA REPORT
4 (b)
DEB GARROSS, ORe COORDINATOR
CONSIDER ADOPTION OF RESOLUTION 95-27 APPROVING THE
FINAL PLAT AND DEVELOPER'S AGREEMENT FOR KNOB HILL.
MAY 1,1995
The purpose of this item is to consider approval of the final plat and
developer's agreement for Knob Hill. Gold Nugget Development Inc.,
represented by Wayne Fleck, has filed for final plat approval of the first
phase of development. consisting of approximately one third of the
ninety-six acre site. The final plat of Knob Hill, (see attached drawings for
reference to the final plat), has been reviewed according to City Council
Resolution 94-46, (approving the preliminary plat), and Subdivision
Ordinance 87-10 Procedures and Data required for Final Plat. .~ iraft copy
of tfU ievdaper's agreement has 6een prepared 6y PauL" 130ettcfter and qCenn ~1(e.ssef ani is
attlUkifor CJund{ review, 'I1ie signed" itvdaper 's agreeTTU.nt wiiI 6e for-..varrkd to tfU City
Cou~il under separate caver.
The Knob Hill project dates back to 1993 when developer, Wayne Fleck
first approached the City with a concept plat. The project required two
Comprehensive Plan Amendments, a rezoning, cul-de-sac length, lot
width and setback variances as well as preliminary plat approval. The
developer was represented by its Engineer, Wayne Tauer of Pioneer
Engineering, throughout the entire preliminary plat process. The history
of public hearings. Planning Commission and City Council actions related
to the project is attached as Exhibit A.
The preliminary plat of Knob Hill indicates the 96 acre site is to be
developed with a total of 173 single family lots; 2 neighborhood parks, 2
collector streets, (Carriage Hills Parkway and Pike Lake Trail), trails and
sidewalks, and a linear park/trail system adjacent to the wetlands located
on the northeast part of the subdivision.
The final plat of Knob Hill is the first phase of the development and
contains 49 single family lots; Carriage Hills Parkway which will be
developed with a trail and sidewalk; a sidewalk located adjacent to the
north part of Bluebird Trail, running south along Rosewood Road; and a
trail between Lots 3 and 4, Block 1 to provide a pedestrian link from
Bluebird Trail to the future neighborhood park, (Outlot D).
Two issues related to the preliminary plat approval effect the final plat:
1) Resolution of title issues related to existing Chatonka Beach
Trail. (See Exhibit B for a summary of resolution of the title
issues.
-1 -
16200 Eagle Creek Ave.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
..\1" EQCAL OP?ORTI.":'irrf E."fPLO'T'E.~
ALTERNATIVES:
Please note, the revised Commitment of Title Insurance and
letter of acceptance by Glenn Kessel was not available as of
the date of this agenda report. The Commitment of Title
Insurance. letter from Glenn Kessel and copy of the letter to
be mailed to Chatonka Beach Residents will be forwarded to
the Council under separate cover.
2) Payment of $23,109.00 dollars in lieu of paving the quarter mile
section of Pike Lake Trail, located north of the plat boundary.
At the time of preliminary plat approval, the City required, (Condition 23,
Resolution 94-46) that Pike Lake Trail, located north of the plat, be paved
on an interim basis. The purpose of the interim paving was to provide for
adequate access to the subdivision site. Since that time, Pike Lake Trail
has been added to the City's Municipal State Aid, (MSA), system. The
interim paving condition is not consistent with MSA standards.
Staff is concerned about potential City liability should the City accept a
temporary pavement section on Pike Lake Trail, as originally required for
preliminary plat approval. As an alternative, a cost estimate to provide
grading, crushed rock and pavement of Pike Lake Trail was prepared.
The recommendation from staff is that the City Council consider receipt of
a payment in the amount of $23,109.00, as part of the developer's
agreement, in lieu of requiring interim paving of the north 1/4 mile of Pike
Lake Trail. The attached developer's agreement was written according to
the staff recommendation.
The developer was required to submit a transportation and access plan
indicating how access will be maintained during the development of
subsequent phases of the project. The access plan recommended by
staff, requires the developer to pay the $23,109.00 dollar fee. The main
access to the project as well as for residents of the Chatonka Beach
neighborhood, will be via Carriage Hills Parkway.
The route is recommended by the City Engineer in order to provide
access to C.R. 21, which has a lesser, projected average daily trips,
(ADT) , than C.R. 42. In addition, traffic will be routed via C.R. 21 to the
controlled, (stop light) intersection at C.R. 42, rather than the current
uncontrolled Pike Lake Trail intersection. Pike Lake Trail/ocated north of
the Knob Hill plat will be posted for no through traffic, in order to
discourage use of the gravel road. Pike Lake Trail will remain open from
C.R. 42 to the Ed Vierling property in order to provide access to residents
of the Maple Hill neighborhood.
The conditions placed upon the preliminary plat have been satisfied or will
be accounted for in the developers agreement and Resolution 95-27
approving the final plat. See Exhibit C for a summary of the preliminary
plat conditions and checklist related to phase one of the development.
The developers agreement specifies that the developer is responsible for
installation of all utilities, streets, park trails and other improvements as
specified by the Subdivision Ordinance. Engineering staff will be present
at the meeting to review details of the developers agreement with the
Council if requested.
1.
Adopt Resolution 95-27 approving the final plat of Knob Hill and
the attached developers agreement.
-2-
2. Table or continue this item for specific reasons as determined by
the City Council.
RECOMMENDATION: Alternative #1 .
ACTION REQUIRED: A motion as part of the Consent Agenda to adopt Resolution 95-27
approving the final plat and developer's agreement for Knob Hill.
Reviewed By: Frank Boyles, City Manager
OFP05Cc-
-3-
oK}Ff
'SU05RS-
RESOLUTION 95.27
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL SETTING FORTH CONDITIONS TO BE MET
PRIOR TO RELEASE OF THE FINAL PLAT OF KNOB HILL.
MOTION BY: SECONDED BY:
WHEREAS, the City Council has approved the preliminary plat of Knob Hill on August 1, 1994
according to the provisions of Resolution 94-46; and
WHEREAS, The following variances were granted as part of the preliminary plat approval for Knob
Hill:
WHEREAS,
1. 10' Front yard setback \/ariance from the 85' setback requirement form the
centerline of Pike Lake Trail for Lots 1-4, Block 14, (preliminary plat),
2. 40' Lot width variance for Lot 6, Block 2, Knob Hill.
3. 410' Cul-de-sac length variance for Street I, (preliminary plat).
4. Variance to allow Butterfield Court and Hemlock Circle, without installation of
temporary turn arounds provided adjacent lots do not contain driveway
connection to the aforementioned streets and that both streets be posted with
"No Outlet" signs.
the City Council has found the final plat of Knob Hill to be consistent with the approved
preliminary plat.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that
it should and hereby does require the following conditions to be met, prior to release of, and recording of
said plat:
1, The Commitment of Title Insurance be revised and acceptable to the City Attorney.
2. Payment of all fees including but not limited to: trunk sewer charge, storm water management
fee, collector street fee and all other fees associated with the developers agreement. (See
attached Memo from Ralph Teschner, Finance Director for the assessment-fee review for Knob
Hill).
3. The developer's agreement, as drafted by the City Engineer, shall be signed and fully executed
prior to the release of the final plat. All fees shall be paid prior to release of the final plat.
4. Reductions of the entire plat be submitted, to the following scales: 1".800', 1 "-200', and one
reduction at no scale which fits onto an 8 1/2" x 11" sheet of paper.
5. Four mylar sets of,the final plat with all required signatures be submitted.
6. Lot 5, block 1, be adjusted to provide the required 103.2' lot width on the south side of the comer
lot.
7. A complete set of construction plans and specifications for all public works facilities for
subdivision be submitted in accordance with the requirements of the "Public Works Design
Manual. "
16200 Eagle Creek Ave.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPOR11JNITY ~'4PLOYER
oVtfl
8. The watermain size within Carriage Hills Parkway has yet to be determined. Possible oversizing
may be required to allow fire flow to the vacant parcel located northwest of the plat. The City shall
determine the proper size and reimburse the developer for any oversizing greater than a".
9. A separate sidewalk easement be submitted which provides an S' boulevard adjacent to Bluebird
Trail and Rosewood Road.
10. The City will require that the alignment at the intersection of Beach Street and Rosewood Road
contain a 65' radius centerline. The developer shall provide additional right-of-way or an
easement for this purpose.
11 . The developer shall submit a copy of, and agree in writing, to distribute literature to future buyers
of lots which indicate the sidewalk and neighborhood park locations approved as part of the
development.
12. The final plat and all pertinent documents must be filed with Scott County within 60 days from the
date of final plat approval. Failure to record the documents by July 1, 1995, will render the final
plat null and void.
Passed and adopted this 1 st day of May, 1995.
YES
NO
Andren
Greenfield
Kedrowski
Schenck
Scott
Andren
Greenfield
Kedrowski
Schenck
Scott
Frank Boyles
City Manager
City of Prior Lake
{Seal}
.FP05RS.
.FPlI~E I'
April 24, 1995
ISSUE 1: RESOLUTION OF TITLE ISSUES RELATED TO THE FINAL PLAT
I ,
The issue related to title has been resolved per the attached Commitment of Title Insurance and letter
from Glenn Kessel. To summarize, there was an overlap of two legal descriptions which occurred prior to
1955 between the two parcels of property indicated on the attached map.
The property legal description for the Knob Hill site, parcel # 25-926-007-0 was created first,
(approximately 1930's), and is therefore considered by the Title Company to be the "superior"
description. The legal description for the Knob Hill site, (parcel 25-926-007-0), was prepared by
measuring from west to east. The east point being Chatonka Beach Trail. The legal description for the
Marian Carpenter Andren property, (parcel 25-926-018-0), was prepared later, (1950's), by measuring
from east to west. The west point being Chatonka Beach Trail. The language of the two legal
descriptions overlapped in the vicinity of Chatonka Beach Trail.
The overlap in title was resolved by the exchange of deeds between parties representing Marian Carpenter
Andren and Gold Nugget Development.
ISSUE #2: RESOLUTION OF TITLE ISSUES RELATED TO PERSONS HAVING AN
INTEREST IN EXISTING CHATONKA BEACH TRAIL:
City Council Directive 94-86 states" Assure that title opinion is received with respect to Chatonka Beach
Trail which is shared with residents and resolves all ownership issues permanently." The acceptance of
the commitment of title insurance by Glenn Kessel. satisfies a condition of preliminary and final plat
approval for Knob Hill.
The purpose of Directive 94-86 was two fold: I) to identify persons having an interest in the property
legally described in the preliminary plat of Knob Hill. 2) to clarify easement/ownership issues as well as
the intended disposition of existing Pike Lake Trail and Chatonka Beach Trail as it relates to the
preliminary plat.
The north/south section of Chatonka Beach Trail contains two separate easements in favor of the City of
Prior Lake, for utility and road purposes.
a. The north/south section of existing Chatonka Beach Trail containing 16.5", and shown on the
final plat as an "Exception", contains a pennanent easement (#84-5) for road and public utility
purposes, in favor of the City of Prior Lake. See Larry Anderson, City Engineer, for
Condemnation Court File No. 86-01188. The City also has permanent easement (#84-08) for
road and public utility purposes, in favor of the City of Prior Lake over the 16.5' strip. See Larry
Anderson, City Engineer for permanent easement #84-08.
b. The underlying fee title for the 16.5' section of existing Chatonka Beach Trail is unknown. The
developer has shown it as an "Exception" on the final plat of Knob Hill and claims no title to the
16.5' road.
Preliminary and Final Plat Impact:
The preliminary and tinal plat of Knob Hill indicate that the 16.5' easement, described in item (a.) above,
is located outside of all proposed platted lots. The identification of the 16.5' easement as an "Exception"
indicates that the developer has not made any claims to the 16.5' easement area. The preliminary and tinal
plat do not impact the existing ownership nor easement rights associated with the north/south section of
Chatonka Beach Trail described in item (a. above).
Ultimate use:
The gravel section will remain in place however. the City of Prior Lake will stop maintenance and snow
removal on this section once permanent streets are built within the Knob Hill plat.
Public Utilities are located within the 16.5' road. Staff recommends as a separate action from the final
plat, that the City Council schedule a public hearing, to consider vacation of any public interest in the
16.5' road, subject to reserving easement rights for public utility purposes.
Some residents expressed interest in the City creating a trail system along the existing alignment. Park
Director, Bill Mangan. identified during the public hearing, that the City would consider installation and
maintenance of a trail over the section. In order to implement the trail plan. all owners or persons having
an interest in the section would have to grant an easement or quit claim deed to the City of Prior Lake for
trail purposes.
ISSUE 3: RESOLUTION OF ACCESS ISSUES RELATED TO PIKE LAKE TRAIL
Pike Lake Trail:
Pike Lake Trail located south of C.R. 42 is a gravel road. of which approximately 1/8 mile. located
within the plat of Maple Hill. has been dedicated to the public. The south 1/4 mile and east/west 1/2 mile
of Pike Lake Trail is located within the legal description of the preliminary plat of Knob Hill. The City of
Prior Lake has maintained and provided snowplow services to Pike Lake Trail since annexation to the
City in 1973. The rights of "others Of to use an east/west access must be retained. The east/west access to
persons owning property in the areas adjacent to the plat of Chatonka Beach will be maintained via
installation of Carriage Hills Parkway. The Title Company indicated that the underlying fee title to the
existing east/west section of Pike Lake Trail will revert to the current owner. Gold ~ugget Development
Inc..
Final Plat Impact:
The tinal plat of Knob Hill indicates that Pike Lake Trail right-of-way will be dedicated to the City of
Prior Lake.
**Please note, the developer, Gold Nugget Development Inc., has petitioned the
court to register the southern one third of the subject site. The torrens
process will provide a clear, simple, Certificate of Title which vvill streamline
future transfer of title for the subject site. Once complete, a torr ens
certificate indicating the legal description, property owners and any
easements of record will appear on the certificate. This will avoid the type of
title problems associated with the platting of Knob Hill. The registration
process does not impact the preliminary nor final plat of Knob Hill.
,)
APR-27-1995 12:01 FROM
TO
94474245
P.0..+
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AGREEMENT TO rSSUE POLICY
We agree to issue a policy ro 'fOU according to the terms of this Commitment. When we
show the policy amount and 'four name as the proposed insured in Schedule A, this
CommItment becomes effective as of the Commitment Date shown In Schedule A.
If the Requirements shown in this CommItment have not been met within six (6) momhs after
the Commitment Date. our obligation under this Commitment will end Also. our ubligcnion
under this Commitment 'Mil end when the f)olicy is issued and then lJur obligation to '{OU will
be under the Policy.
Our obligation under this Commitment is limited by the following:
The f)rovisions in Schedule A.
The Requirements in Schedule B.I,
The &cepnons in Schedule B-II.
The Conditions below,
This Commitment is not 'f3hd without SCHEDULE A and Sections I and II ot SCHEDULE 3.
CONDITIONS
1. Definitions. laJ .. Mongage" means mortgJge. det!d ot (rust or other secvrit'j :ns~rlJlTlent.
lbl "Public Records" me3ns title records that gl'ie Cl.lnsttuc!Jve nOtice ot matTer:: affecting 'four
title . accorcmg to the state statutes where your rand is located.
2. Later Defects. The Exceptions in ScneduJe 8 ' Sec~ion fI may be amended to ~how any deieciS.
liens or encumbrances mat appear for the first lime in the public records or are created or attach between ~ne Commitment Date Clod the
date of which all of \he ReqUirementS la' and (i:) af Schedule a . Section I are mer. We shall have no liability to you because at (:IIS
amendment.
.**
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3. olsting Defecu. if any detects. liens or encumbrances eXisting at CGmml{m~nr Data are nut
shown in Schedule 8. we may amelld Schedule B to show them. If we do amend Schedule B to show the~a defects. fiens or
encumbrances, we shail be liable TO you 3ccording iO Paragraph 4 belOW unless 'fou knew of this information and did not ~ell uS about it
in wrning.
4. Limitation Ot Our liability, Our only obligation IS iO issue ro you {he Polie', rr::letted 10 in thIS
CommItment. when you have met its ReqUirements. It we have any liability ro you for any loss you incur because of ~n ~rrCJr In this
Commitment, our liability will oe !imlted to your aCiual loss caused by your :elving an {hi: Commitment ',,,hen ,OlJ JCieo in good ~aith to:
Comply with the ReQuirnments In Schedule 8 - $ec:;on I
at
Elimlnace with our wnnen consent .3n'{ &cepclons shown 10 Scht:~t.je 3 . Section II.
We shall not oe liable for more than [he ?oiic'r' Amount shown in Schedule A ot ~hlS CommItment and
our liablilty is SUbJect to the rerms of me Policy form to be issued to you
5. ClaIms Must Be Based On This Commitment. A.ny claim, whether or not bJst:d on r.egtigence
wnlch you may have agamst us concernrng the title to the land mvs, be based on this Commitment and is subi~ct ~o its Terms,
IN WITNESS WHEAEOF, Old Republic National Title Insurance Company has caused its corpOicm~
namp. and seal to be nereunto affixed by Its duly authorized officers on the date shown in Schedule A, to be valid when countecslgned bv
a validating officer or other authorized signatory.
I SSfJld [l1rrJlJqlt the Office of:
OLD REPUBUC NATIONAL TITLE fNSU~CE COMPANY
A S(fJ,.t Camp'IIY
400 Se(a"~ .J"IJf1IJ' ;",.(11. ,'tItnnel&fI/lJ. ..."ir"'t':SlJfJ 5S40 i
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APR-27-1995 12:~2 FROM
TO
94474245
P.05
ALTA COMKJ:TMDrI' - 1.382 REV.
SCDDULZ A
APPLZCAT~ON NO. S 670100 S (Supplemental No.2)
1. BFFECT~VE DATE: Apri~ 12, 1995 AT 7:00 A.M.
2. POLICY OR POLIC~ES TO BE XSSUED:
'ALTA' RESIDENTIAL OWNERS POLICY REV 1987
$
x ' ALTA' OWNER'S POLICY i..0 -17 - 92
$To Come
PROPOSED INSURED:
Gold Nugget Development, Inc. and the City of Prior Lake, as
their respective interests may appear
'ALTA' LOAN POLICY 10-17-92
PROPOSED INSURED:
$
OTHER POLICY ISSUED
PROPOSED ~SURED:
$
OTHER POLICY ISSUED
PROPOSED INSURED:
$
3. THE ~STA~ OR I~~~~ST IN TH~ ~u nASC~!aED VA aEF~RRED TO rN
THIS COMMITMENT ~u CO\~aED H~REIN IS A PEE SIMPLE Ah~ T!T~E
THERETO IS AT TEA EFF~CT~VE DATE BEREO~ VESTED IN:
Leonard Grassini,
Grothe, Trustee
October 9, 1992
an undivided 1/2
unde.r that certa:in
~nterest and Fred I.
Trust Agreemene dated
4 . THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS
FOLLOWS:
The South 1/2 of the Northeast 1/4, Section 26, Township 115,
Range 22, Scott County, Minnesota and ALSO
That part of Government Lot 3, Section 26, Township 115, Range
22, Scote County, Minneso~a, described as follows: Beginning
at the Northwest corner of said Government Lot 3; thence on an
assumed bearing of North 88 degrees S3 minutes 29 seconds East,
along ~e North line of said Government Loe, 683.65 f~et;
thence South 0 degrees 22 minutes 20 seconds East, 1054.20
111111111~. ~ 41. OLD REPUBLIC
II. "ft.to H........nu.I_~
II.. . .
QAT Form 3'20
APR-27-1995 12:02 FROM
TO
'344'742~S
P.06
S 570100 S (Supplemental No.2)
Page: 2
feet; thence South 88 degrees 53 minuees 29 seconds West,
para11el wieh said North line, 424.67 feet; thence Soueh 1
degree 03 minutes 14 seconds East, 175.01 feet to the
Northwest corner of Lot 9, Block 2, Chatonka Beach; thence
South 51 degrees S2 minutes 3S seconds West, along the
Southwesterly extension of the Northerly l~e of said Lot 9, a
d~stance of 45.30 feet; thence South 1 degree 08 minutes 02
seconds East to the shoreline of Prior Lake; thence Westerly,
along said shoreline, to the West line of said Government Lot
3; thence Northerly, along said West line, to the point of
beginning.
Abstract Property.
NOTE: The above premises to be platted as: Knob Hill,
County, Minnesota.
Scott
SCHEDULE B - SECTION 1
REQU'IREMENTS
The following are the requiremenes to be complied with:
1. Application to register the title to that portion of the
premises in Government Lot 3 filed January 6, 1995 as Document
No. 347686.
2. The applicacion discloses the premises to be vacant land.
3. Encroachment of fence line onto Government Lot 3 from
adjoining property to the West as disclosed by boundary survey
of subject premises dated December 2, 1994 as prepared by
Pioneer Engineering.
The Company has been advised that an agreement has been
reached with the adjoining property owner and a Quit Claim
Deed for the caption premises is being obtained for recording
in the real estate records.
4. Warranty Deed filed October 13, ~968 in Book 167 of Oeeds,
pages 7 and 8, purports to create an easement over part of the
subject premises buc the descript~on contained therein is
ambiguous.
IIIIIIIII~.~.. OLD REP~~LiC
I.. 't't .. ...- fill. ,-.:;.....,....,.
II.. <&..
ORT Form 3120
./
APR-27-1995 12:~~ FROM
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94474245
P.0'7
S 670~OO S (Supplemental No.2)
Page: 3
See Exhibits A and B attached hereto.
SCHEDULE B - SECTION 2
STANDARD EXCEPTIONS
A. F~c-:'s which ....ould be digcloaed by a cvmpr€.:1":&.\=nJi-....c ~H~r""'cY v:
the pr~ises described herein.
B. Rights and claims of parties in possession.
c. Mech~nics' / Cont:actorz', or Mate=ial~ens' li~u~ and ~~~~
claims, if any where no not~ce appears of record.
o. ~y change in title occuring subsequent to the eff&c~i~~ d~te
of t~~3 C~mmit=ent and prior to the date of is~uance of th~
Title Policy.
E. Ea3~~ntz, cr claims of eaaements, net' Bhe~n ~y the public
records.
L~ AZCI=!C~ T~ T~~ S~~~ ~XC~PTION5, CO~~TI0NS, ST~~uUAT!ON~
~ EXCLuSIONS FRCM CO~~RAGE CO~~A!~~ HERE~N &~W ~N THE CCM?N~i~S
USuAL Fv~1 O~ ?OLr~Y, Trl~ L;U~ xE~ERRED 70 IS, A3 OF TnE EFFECTIVE
DATE HEREOF, SUBJECT TO THE FOLLOWING:
~.
gpcc~al a3Seagmencs levl~d or pending
any/ not covered herein.
~nd
. ..
SpdC .I..7&.....
t -<l X .; c; I
.~
1. J
NOTE: Special assessm~nt search was net requested by the
applicant.
2. Taxes for 1995 in ~e amount of $32,774.45 are net paid.
(Base tax amount $3,021.21.) (Tax No. 2S 926007 0.)
NOTE: Scott County tax records indicate property is
non-homegtead for taxes payable in the year 1395.
3. Te~s and condi.tions of that certain Contract for Deed by and
between Leonard E. Grassini and Reta L. Grassini and Fred I.
Grothe, Trustee under that certain Trust Agreement dated
October 9, 1.992, as seller, and Gold Nugget: De...relopment, Inc. (a
Minnesota Corporat~on), as purchaser, dated April 15/ 1993,
filed April 22, 1993, as Document No. 312436.
4. Utility easement(s) over a strip of land 30 feat in width
!11111111~..;; -c. OLD REPUBLIC
111I1Iii..::: ....._T__~
OAT Form 31 %0
HPR-27-19~5 12:03 FROM
TO
'34474245
::J.0U
S 670100 S (Supplemental No.2)
Page: 4
~yinq 15.00 feet on each side of the following described
centerline:
Commencing a.t l:he North.......est corner of oaid Gcvernment L.::..t 3;
thence South 0 degrees 12 minutes 26 seconds West, assumed
bearing, along the West line of said Government Lot 3 a
distance of 1362.55 feet to the point of beginning of the
ce~terline to be described, hereinafter referred to as Point
A; thence South 87 degrees 17 minutes S3 seconds East a
distance of 18.13 feet to a point hereinafter referred to as
Point B; thence North 67 degrees 02 minutes 10 seconds East a
distance of 72.59 feet; thence North 52 degrees 25 m~nutes 58
seconds East a distance of 181.16 feet to a point on the
Northerly extension of the West line of that part of
Government Lot 3 described in Torrens Certificate No. 15017 on
file in ehe office of the Registrar of Titles, Scott County,
Mir~esct~ distant 3~.29 feet North of th~ Ncr~~westa~ly corn~r
thereof and said centerline there terminaeing.
The s~delines of the above desc~ihed pa~anent ~asement 3hall
be lengthened or shortened to terminate on said Northe~ly
extension of the West line of said Torrens parcel.
And a 20.00 fooe pe~ent easement for public utility
purposes over, under, and across that p~rt of ~aid Gov~~r~e~t
Lot 3 lying 10.00 feet on each side of the following described
centerline:
Beginning at said Point C; thence South 46 degrees 24 minutes
06 seconds East a distance Qf 202.01 feet to a point on the
West line of that part of Government Lot 3 as desc=ibed in
said Torrens Certificate No. 15017 distanc 218.49 feet South
of the Northwesterly corner thereof and said centerline there
terminat.ing.
The side lines of the last above described permanent eas~ment
shall be length.ened or shortened to te~'";.Ui.n3.te ;,;;~:;. th~ We~t.i:!.r1 y
line of said Torrens parcel. And a 50.00 fcoc permanent
easement for public utility and roadway purposes over, under,
and across that part of the North 17 acres of the West 23.8
acres and the West one-half of the South 6.8 acres of the West
23.8 acres of said Government Lot 3 lying 25.00 feet on each
side of the following described centerline: Commencing"at the
Northease corner of Lot 1, Block 2, Chatonka Beach according
eo the record plat on file in the office of the County
Recorder, Scott County, Minnesota; thence North 0 deg:ees 01
minutes 52 seconds East, assumed bearing, along the Ease line
of the West one rod of the East 609 feet of said Governmen~
Lot 3 (said West one rod is shown on said pla~ of Chatonka
IIIIIIIII~~" ~ ~ .. OLD REP LiBLIC
\& "f{ · ......... n.. -.-:........
II.. .. . <<
ORT Form 3120
APR-27-199S 12:04 FROM
TO
944'74245
P.09
S 670100 S (Suppl~ental No.2)
Page: 5
Beach as nRoad 1 Rod Wide), a distance of 91.78 feet; thence
South 76 degrees 57 minutes 54 seconds West a dist~~ce of
16.94 feet to a point on the West line of said West one rod
and th~ point of b~ginning of the centerlin~ tc be described;
thcnca continuing South 76 degrees 57 minutes ~4 seconds Wes~ a
distance of 2~2.98 feet and said ~enterline there te~i~ating.
And a pe~nen~ easement for publ~c utili~y and r~adway
purposes ever, under, and across that part of said Gove=~ent
Lot 3 described as follows: Beginning at the Nc=t~~est~=ly
corner of Lot 9, Block 2, said plat of Chatonxa Beach; thence
South S2 degrees 2S minutes sa seccnd~ West, aszumed bearing,
alcng the Northerly line of that part of Government Lot 3
described in said Torrens Certificate No. 15017 a distance of
45.3Q feet to the NcrthY~3terly corna~ of said ~crr~n3 par=al;
thence North 0 degr~es 37 minutes 10 seconds W~st along th~
Northerly e~tdnsion of the Westerly line of baid Torrens
parcel, a distance of 104.18 feet; thence 65.75 feet along a
tangencia~ cur~e, con~ave to the East having a radius of S2.00
feet and a central angla of 72 degrees 26 minutes Sl s.=!c.::nds;
thanca South 0 degre~s 34 minutes 02 ae~cnd~ East a d~3~~~~a
of 126.53 feat to the point of begin.~ing in favor of the City
of Prior Lake as created in Document No. 219681 and Document
No. 238700.
5. l'=ivate road aage.mants over the We5t 1 rvd of tha aald So....tb.
1/2 of Northeast 1/4 and also the South 1 rod of so much of
said South 1/2 of Northeast 1/4 as lies West of a point one
rod East of the Northeast corner of the North ~7 acres of the
West 23.BO acres of Lot 3, the East 1 rod of the North 17
acres of the West 23.80 acres of Lot ), and the North 1 rod of
the East 1/2 of the South 6.80 acres of the West 23.80 acres
of Lot 3 as evidenced by instruments in Book 66 of D~ed5, page
334; Book 78 of Deeds, page 23 and Book-08 of Deeds, page 392.
These c~3cmen~~ may cr may net be tha same ~~~~~~~t~ d~~~=ibcld
in th@ Decrees of Registration filed as Docum~nt No. 216759
and 217613 and described in an Application to l<egi.ster filed
as Documene No. 207261.
6. Rights of the public and of the state in and to that part of
the premi.se!J lyi=.g below the natu.ral r.....i..gh oo;..,;a.t,,~.t: m~A:k of 'Prior
Lake.
7. Riparian rights are neither guaranteed nor insured.
NOTE: If ~he=e are any ~~estions ccnc~rning tht excaptions
shewn on this co~itment, please call Eileen Stitz, at
371.-1:1.35.
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INFORMATION SHEET
The TItle Insurance Commitment is a legal contract between you and !he Company, It is :ssueo to
show the basis on which we willrssue a Title Insurance F'o/icy to 'fOU. The Policy will insore you
agarnsT certain risks to the rand title. subjeCt to the limitations shown in th~ Peslic,!-
The Company will give you a sample of the Policy form. if you ask.
The Commitment IS bas2d on The land ritle 3S of the Commitment OcHe. Any ch;Jng~~ in the land title
or !he transacnon may affect the Commitment and lhe Policy.
Thi Commitment is subject to its Requirements. Excgptions and Condioons.
THIS INFORMATION IS NOT ?AAT OF THE ilIlE INSURANCE COMMITMENT. '(OU SHOULD READ
THt COMMITMENT VERY CAREFUllY.
If you have any questions about the Commitment. contact
TABLE OF CONTENTS
Paoe
AGREEMENT TO ISSUE POLICY
Back CO'it!(
SCHEDULE A
Insert
I, Commitment Date
2. PODOIS to be Issued. Amounts and Proposed Insureds
3. Int8flJt In the land and Owner
4. Description of the Land
SCH€DULf B-1 - REQUIREMENTS
Insert
SCHEDULE B.II - 8<CEPTlONS
Insen
CONDITIONS
B3Ck Cover
ORT Fen. 3531
Al.iA~, FomI. IgaZ
'APR-27-1'395 12: 07 FROM
TO
94474245
P.1::
NAME: Gold Nugget Development, ~nc. and the City of Prior Lake
OLD R E P tr B :L 1: C . A or 1: 0 11 A L T Z T L B
:tBSUR.ARCB COIIPAJrY
a Stock Company of Mi.nneapo~.is, Mi:anesota
ENDORSEMENT #1
To be attached to and become a part of Title Commi~ent
No. S 670100 S (Supplemental No.2) of Old Republic National Title
Insurance Company.
HUmber 5 under Schcd~e B - Section 2 of the above numbered Title
Commitment is hereby amended to read as fo11aws:
Private road easements over the West 1 rod of tbe said Scuth 1/2
of Northeast 1/4 and a~so the South 1 rod of so much of said S~~th
1/2 of Northeast 1/4 as lies West of a point one rod East of the
Northeast corner of the North 17 acres of th~ West 23.80 acres of
Lot 3, as ev~dencad by instruments in Book 66 of Deeds, ~age 334;
Book 78 of Deeds, page 23 and Book 68 of Deeds, page 392. Thes@
easements mayor may not be the same easements described i~ the
Decrees of Registration filed as Document No. 216753 and 21i613
and described in an Application to Register fi~ed as Docu=~~t No.
207251.
N~thing herein contained shall be constr~ed as extending or
cha.:lging ehe effect:i ~J'e date of said Commi tment, u.~le:;;;; 0 the:::'..ine
expressly stated.
This Endorsement shall not be valid or binding ~~til aigued by an
officer or agent.
Signed on th~s 26th day of April, 1995
Old Republic National Title Insurance Company
By: E~ ,jH~
Agene or Val daeing Officer
IIIIIII[~:: ~n!:~~
OAT Form 3121)