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HomeMy WebLinkAbout8B - PW Project Cost Approval AGENDA #: PREPARED BY: SUBJECT: DATE: BACKGROUND: DISCUSSION: /1 (.' 8t: f\~ 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..+ ~... c; "~.~? =. = .'~,:, -,~-?_ ;~.~~~~~ -~,~~...~;~iiii~j~j~~e:,\~,;,_~:_f~~"?::~}&~?}~i~~~~~~@S:~, .~- i:: ~'.' ~:~::~=~~i'.'~: ~.: - .:~.~i:'~~._:'~_'~.'~~~~ ~am~!t~~~,~1.9~f\? .';.~~~(~~. "~~" '~'... ~... ~::,.;~("~.:~~:.~;,: ~:~'~;{~:.~~~:~3.;~?~~';:;~'3:~~.';!;.:~; '::j.~ ,~~,"~'~2~: :.~. j. ...~.., :'.' ':.~:~::i:~~k}3-~~:~~:~~'.~. ~< ~: ...;.::~~':,~~.~~..:~:.~~" ;:;~'..:. .:::"~.,~~,,'-~:.\R],,-'~f~~?~~'2~'?~2:;~~?I.~~S:R"~::'0:':;; 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. .** ... h\... ~* .. 'It Jf.. ~ .. *..* 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 I- .", /1/11111,mr ~ 8r ~jt:~ -=-. ~,~6iL/ ,1fni4.", r~ ,J//j A"m."ltd S'-'''1I1/1t'f AtMsr s<<,.,,~ 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 TO 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. IIIIIIIIII~" 2 4. OLD REPUBLIC II I. 'f'\... ...._f....._~ h,~. . OFH ~Ot"' 3120 -1/ ..L I ;; I If~ 01'd 4.J .-0 ~ ... as ctJ ~ -E~~ CIS cu tG ; ,.. .-4 c: c: '0 .:::.LJ cu a,)Q)o~~~ 9'"'1""""l.o.l..;.~ ...cw c:s~ ::l~ e.ct: ::E: cO as ~ ~ e: .,.,( Q) 0 .-l .-l ..., .-i..c ...... "=' to ~~= c-'\ ~r-I q,) &i~~ t:J a.1 ....Q Q oW 0 0.4.,1 >0 IV v f;tI)O <"'='"'O ~cv(U C::;J.JM <d-l :3:Qt3;.. 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N .... ...** *%-- .. * * . *.....* 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)