HomeMy WebLinkAboutAgreement for Annexation - Leira Properties Whitney_Recorded Receipt : # 599966 A1052234
ANX $46 .00
4G-PRIOR LAKE CITY
646 DAKOTA ST E I IIIIIII IIII VIII VIII VIII VIII VIII VIII IIII IIII
PRIOR LAKE MN 55372 Certified Filed and/or recorded on:
8/ 15/2018 4 : 06 PM
Office of the County Recorder
Scott County , Minnesota
Julie K. Hanson, County Recorder
AGREEMENT FOR ANNEXATION OF WHITNEY PROPERTY
CREDIT RIVER TOWNSHIP
THIS AGREEMENT ("Agreement") is entered into by and between Leira
Properties, LLC, a Minnesota limited liability company ("Owner") and the City of Prior
Lake, a Minnesota municipal corporation ("City") .
RECITALS :
WHEREAS , Owner is the fee owner of property in Credit River Township located
at 6025 170th Street E. Prior Lake, MN 55372 and legally described on attached Exhibit A
("Property") .
WHEREAS , Owner has filed a petition with the City requesting that the City annex
the Property pursuant to Minn. Stat. 414 . 033 , Subd. 2 (3 ) .
WHEREAS, the Property is at the intersection of Highway 21 , Highway 87 and
170th Street East and it is expected that the intersection will be re-constructed and possibly
re-aligned within the next several years ("Intersection Project") .
WHEREAS, the Property is located in the City ' s wellhead protection district.
WHEREAS, the City is willing to annex the Property upon Owner' s compliance
with certain conditions as set forth in this Agreement relating to the Intersection Project
and the development and use of the Property.
WHEREAS , Owner agrees to comply with this Agreement and all conditions set
forth herein.
NOW THEREFORE, based on the mutual promises and covenants set forth herein, the
sufficiency of which are hereby acknowledged, the parties agree as follows :
1 . Recitals . The Recitals set forth above are incorporated herein .
1
2 . RiLyht- of-Way Dedication . Owner shall execute and convey to the City the right-
of-way easement attached as Exhibit B , within 30 days of the execution of this
Agreement. Upon completion of the Intersection Project, the City shall convey back
to the Owner any unneeded right-of-way. In addition, upon completion of the
Intersection Project, the City shall work with Scott County to determine if any of
the existing County right-of-way to the west of the Property can be conveyed to the
Owner and if so, will assist with the conveyance.
3 . Tax Increment Financing. The City may use tax increment financing ("TIF") on
the Property to help fund the Intersection Project. Owner agrees to cooperate with
the City in relation to any TIF funding and acknowledges that any such TIF funding
shall be used for the Intersection Project or as otherwise directed by the City.
4 . Development and Use of Property.
a. Owner acknowledges that the City does not intend to connect the Property
to sewer and water until the Intersection Project is complete. City hereby
waives the one-year connection requirement set forth in City Code until the
Intersection Project is complete .
b . Owner acknowledges that the Property shall be developed only for
commercial and/or industrial uses consistent with the Property' s location in
the wellhead protection district. Any use or development of the Property
shall be subject to all standard City review and approvals .
5 . Annexation. Upon execution of this Agreement and the recording of the
Agreement with the Scott County Recorder' s Office, City shall file an ordinance
annexing the Property with the Chief Administrative Law Judge .
6 . Indemnification and Hold Harmless . The Owner shall indemnify, defend and hold
the City, its Council, agents, employees, attorneys and representatives harmless
against and in respect of any and all claims, demands, actions, suits, proceedings,
liens, losses, costs, expenses, obligations, liabilities, damages, recoveries, and
deficiencies, including interest, penalties, and attorneys ' fees, that the City incurs or
suffers, which arise out of, result from or relate to the annexation of the Property or
this Agreement. The responsibility to indemnify and hold the City harmless from
claims arising out of or resulting from the actions or inactions of the City, its Council,
agents, employees, and representatives does not extend to any willful or intentional
misconduct on the part of any of these individuals .
7 . Binding Effect. This Agreement shall run with the Property and bind and inure to
the benefit of the parties hereto and their respective heirs, successors and assigns .
8 . Severability . In the event any provisions of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall
not invalidate or render unenforceable any other provision hereof, and the
remaining provisions shall not in any way be affected or impaired thereby.
2
9 . Waiver. Failure of either party at any time to require performance of any provision
of this Agreement shall not affect its right to require full performance thereof at any
time thereafter and the waiver by either party of a breach of any such provision
shall not be taken or held to be a waiver of any subsequent breach thereof or as
nullifying the effectiveness of such provision.
10 . Reimbursement of Fees and Costs . Any fees or costs incurred by the City
associated with enforcing any of the terms and conditions set forth in this
Agreement, including but not limited to City staff, engineering and attorney ' s fees,
shall be the sole responsibility of the Owner. The Owner agrees that if Owner fails
to pay any invoiced amount within 30 days of receipt thereof, the City may assess
the invoiced amount against the Property.
11 . Governing Law . The laws of the State of Minnesota shall govern all questions and
interpretations concerning the validity and construction of this Agreement and the
legal relations and performance obligations between the parties . The appropriate
venue and jurisdiction for any litigation hereunder shall be those courts located
within Scott County, Minnesota. Litigation, however, in the federal courts
involving parties herein shall be in the appropriate federal court within the State of
Minnesota.
12 , Entire Agreement. This Agreement constitutes the final and complete agreement
of the parties and shall supersede and replace any prior oral or written agreements
between City and Owner . Any subsequent modification must be in writing signed
by both parties .
(Signatures Appear on Next Page)
3
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as
of the date set forth above.
LEIRA PROPERTIES , LLC
By . Jo e h Whitney
Its :
STATE OF MINNESOTA )
) ss .
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this 13 day of July, 2018 by Joseph
Whitney, the p„yy\it)r of Leira Properties, LLC a Minnesota limited liability
company on behalf of the company.
MAMA is SOMME Notary Public
NOTARY PUBLIC
MODMOTA
►y, Owr imbn EVW Jrn. 31 , 2=
4
CITY OF P LAKE
By : Ku
Its :
y: Frank B41es
Its : Ci ana er
STA E OF ESOTA )
ss .
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of , 2018
by Kirt Briggs, Mayor and Frank Boyles, City Manager of the City of Prior Lat e, a Minnesota
municipal corporation on behalf of the corporation.
i�dlk;;, Ann Marilyn Schroeder
�3= Nota Public
-9Z n'
Minnesota Notary Pub
?i�i4 My Ganmission Expires January 31 , 2021
This Instrument Drafted By :
Hoff Barry, P .A.
775 Prairie Center Drive, Suite 160
Eden Prairie, MN 55344
5
Exhibit A
Legal Description of Property
The West 919 . 00 feet (as measured at right angles) of that part of the North half of the
Northwest Quarter (N 1/z of NW 1/a) of Section 7 , Township 114 , Range 21 , Scott County,
Minnesota, lying North of the Northerly right of way line of the Chicago, Milwaukee and
St. Paul Railway Company, Scott County, Minnesota. (PID 049070010)
6
Exhibit B
Right-of-Way Easement
PERMANENT EASEMENT
Leira Properties , LLC, a Minnesota limited liability company ("Grantor") hereby
grants and conveys this _ day of July, 2018 to the City of Prior Lake, a municipal
corporation organized under the laws of the State of Minnesota ("Grantee") a 100 foot wide
permanent easement ("Easement") as depicted on attached Exhibit B ("Easement Parcel")
for the following uses and purposes and subject to the following terms and conditions on,
over, under and across a portion of the real property in the County of Scott, State of
Minnesota legally described on attached Exhibit A ("Parcel") .
1 . Uses and Purposes .
The Easement shall be for right-of--way, drainage. and utility purposes .
Grantor hereby conveys all grasses, shrubs, trees and natural growth on the Easement
Parcel . Grantee shall have the right to use and remove all earthen materials, structures,
improvements and obstructions which lie within the boundaries of the Easement Parcel,
including the right of clearing the Easement Parcel to allow for the use of the land as stated
herein. The Easement includes the right of the Grantee, its contractors, agents, and
employees to enter the Easement Parcel at all reasonable times for the purpose of locating,
constructing, reconstructing, operating, maintaining, inspecting, altering and repairing
within the Easement Parcel public right-of--way, drainage and utilities or other public
facilities or improvements of any type that are not inconsistent with right-of--way, drainage
and utility use .
The Easement also includes the right to cut, trim, or remove from the Easement Parcel
trees, shrubs, or other vegetation as in the Grantee' s judgment unreasonably interfere with
the Easement or facilities of the Grantee, its successors or assigns .
2. Nonexclusive.
The Easement shall be nonexclusive; provided, however, this Easement shall be prior
to and superior to any other easement hereinafter granted. Any future easement shall be
subject to and subordinate to , and shall not interfere with, the Easement without the
consent, in writing, of Grantee .
3 . Duration of Easement.
The Easement shall be perpetual, shall run with the land, shall be binding upon
Grantor and its successors and assigns and shall be for the benefit of Grantee and its
successors and assigns .
7
WITNESS WHEREOF, Grantor has caused these presents to be executed as of the
day and year aforesaid .
LEIRA PROPERTIES, LLC
Not for Signature
By: _.
Its :
STATE OF MINNESOTA )
) ss .
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of ,
2018 by the of Leira Properties , LLC a
Minnesota limited liability company on behalf of the company.
Notary Public
Drafted By :
Hoff Barry, P . A.
775 Prairie Center Drive, Suite 160
Eden Prairie, MN 55344
8
EXHIBIT A
Legal Description for Parcel
The West 919 . 00 feet (as measured at right angles) of that part of the North half of the
Northwest Quarter (N V2 of NW 1/a) of Section 7, Township 114, Range 21 , Scott County,
Minnesota, lying North of the Northerly right of way line of the Chicago, Milwaukee and
St . Paul Railway Company, Scott County, Minnesota. (PID 049070010)
9
EXHIBIT B
Easement Parcel
MM Tl�
c
Jul ry
4r -- -- -
� ..
u4 ; : c
t
do
tp
s,
1 ;
I
4e - 87
W�
10