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Home My WebLink About97-030 Site Plan ADDITIONAL MA TERIAL/PLANS AVAILABLE IN LARGE SCALE. SEE THE PLANNING DEPARTMENT FOR ASSISTANCE AT (952) 447-9810. I ~tJAP-,J- k~~f- YEAR: /0;?J7 I TOfD, I ~~] tf U - Kcvr 1>~ I ft7-Vo~ ~ ~.~- II 4. fA I . ^ - of l ~uf-r= "S.vbL r~ . T l- )(Vu~ 'S <2 f~ l 'i~ r: "/Jlke.-. h1~ l &[Y--- c, ~~ ~~ l ~G r(~~ ..l .* ,. DATE: FILE NUMBER: CHECKED BY: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 (612) 447-4230 4-11-C,7 Q7-030 i~i APR I II9!Jl SITE PLAN APPLICATION CHECKLIST FOR: PROJECTS WITHIN A B-:-P BUSINESS PARK DISTRICT **** APPLICATION WILL BE REVIEWED ONLY IF ALL OF THE REQUIRED MATERIALS LISTED BELOW ARE SUBMITTED. Property Owner: Hea lthSy stpm Mi nnpsnt rI Address: N/ A (P I D 11259020420) Applicant: Hea lthSy stem Mi nnesota Phone: (612)993-3899 Phone: (612) 993-3899 Address: 3800 Park Nicollet Boulevard, St. Louis Park, MN 55416 Phone: 447-2570 Date: ~ Date ~ FIVE (5) ASSElVIBLED SETS (24" X 36") OF EACH OF THE FOLLOWING: 1.) ACCURATE CERTIFIED SURVEY showing existing conditions on the site, and within 50' of the site, Property Legal Description, and Property Identification Number (PIN). 2.) DETAILED SITE PLAN (based on current certified survey). · Indicate total area calculations for each proposed use (i.e. office, storage, warehouse, etc.) · Indicate trash enclosure location · Indicate parking plan I 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNIlY EMPLOYER THE FOLLOWING MUST BE SUBMITTED WITH THE BUILDING PERMIT APPLICATION 1.) Sign Plan 2.) Lwninare Plan ADDITIONAL INFORMATION NEEDED IF IT APPLIES: 1.) ONE SET OF PLANS REQUIRED FOR EACH OF THE FOLLOWING AGENCIES IF APPLICABLE: COUNTY ROAD. STATE HIGHWAY WETLANDIU.S. ARMY CORPS OF ENGINEERS REQUIRED SUBMITTALS FOR THE PLANNING COMMISSION (IF PLANNING COMMISSION ACTION IS REQUIRED) WHICH MAY BE SUBMITTED AFTER THE DEVELOPMENT REVIEW COMMITTEE'S APPROVAL: 2 ~ ! 1.) SITE PLAN 2.) LANDSCAPE PLAN 3.) BUILDING EXTERlOR ELEVATIONS 4.) LUMINARE PLAN 5.) WRITTEN NARRATIVE 6.) 15 COMPLETE SETS OF THE ABOVE DATA (1-5) 15 COMPLETE PLAN SETS, 24" x 36"; 1 COMPLETE PLAN SET REDUCED TO 11" X 13". 7.) ONE COMPLETE SET OF THE ABOVE DATA (1-4) IN SIZE 8.5" x II", CLEAR AND LEGIBLE TRANSPARENCIES. THE FOLLOWING ITEMS WILL NEED TO BE SUBMITTED IN ADDITION TO THE ABOVE WHEN REQUESTING PUBLIC FINANCIAL ASSISTANCE: 8.) A SHORT NARRATIVE ON THE GROWTH EXPANSION NEEDS OF THE BUSINESS INCLUDING COMPANY'S PRODUCT OR BUSINESS. 9.) A SHORT NARRATIVE EON THE COMPANY'S MARKET AND TRENDS IN THE INDUSTRY. 10.) ESTIMATED COSTS FOR THE PROPOSED BUILDING, EQUIPMENT, MARKETING, AND WORKING CAPITAL NEEDS. All applications will be reviewed by the Development Review Committee (DRC). The DRC Coordinator will notify the Applicant as to any additional information or modifications needed. Site Plans, which have no variance or conditional use permit requirements, may be administratively approved. Site Plans requiring a variance or other possible applications will automatically be scheduled for a Planning Commission Public Hearing when it has been verified that the application is complete. Items will be scheduled before the City Council, by the City Manager, upon receipt of the Planning Commission Recommendation. **** PLEASE REFER TO THE ATTACHED TIME LINE AND FLOW CHART FOR THE VARIOUS DEADLINES. Approved and adopted by the Prior Lake Development Review Committee on May 22, 1995. SPAC.DOC 3 ~,~,If,1'~':"l}.;1~~'~1~;~d'f~~".~!~~c,tIf..:ft.~~~~.:.}.~~~~~~~-:~~'~J.~;'!J~:'~:"f~;~~1~f"~~~.:~~'i~"M;'~~:~,,,~,?~'~-?;~~~'~'lI"~Z~f~.~_~~~~"~~.I;~:~~~~ ~-'" RECEIPT N2 29947 ~/1I/q1- I I DATE CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE. S.E., PRIOR LAKE, MN 55372 Received of P CtAJI_ N Ie tt€N- rf.A ivu':" - 4.(({Jf~ I..~ I ~ whose address and/or legal description is 3'60b PQ.A-R.. ~\( etO~J- BoUj~OtlAd the sum of . J{..i y. -{"J._k'Y\dJvd +- flDJ/ G; for the purpose o~ - &:.;;--J. P I (1../r-..- 'f!-l r-(d ) J -:-' - ~A-'le...- - IJ /' ct-Cfd ~Pc~ !-J.U c;S41 !.rJ dollars Reference Invoice No. $5D00J2. ~_ O. Kec ';L/"-/ I ~e~ ipt Clerk for the City of Prior , "--" Lake ..I.Jf Park Nicollet Clinic n HealthSystem Minnesota 3800 Park Nicollet Boulevard Minneapolis, MN 55416-2699 VOID AFTER 90 DAYS 93-38 929 ~ DATE CHECK NO. NET AMOUNT 04/09/91 00365B32 ********500.00 *********************************************************************************** FIVE HUNDRED AND 00/100 DOLLARS PAY TO THE ORDER OF CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55312 . First Bank Havre ~ First Bank Montana National Association , 235 First Street . Havre, MT 59501 .. ." .... ..' .......:.. '" '~',::'::;;;:;~f;f:f;',~~;ii1?3;rs;,t Park Nicollet Clinic HealthSystem Minnesota Prior Lake Facility Development General Overview A new 15,600 square foot facility will be constructed in 1997 for Park Nicollet Clinic in Prior Lake. Park Nicollet will move their clinic from a leased facility into the new facility which is planned for completion November 1997. The building has been designed in a way that allows for expansion in the future. The building will also provide space for a dental group to lease a portion of the space. Number and Specialty Mix of PhysicianslProviders The number of physicians and other providers projected by the year 2002 are 7.0 full time equivalents (FTE): Family Practice Physicians - 3.0 FTEs Family Practice Nurse Practitioner - 1.0 FTE Internal Medicine - 1.0 FTE Ob/Gyn - 1.0 FTE Pediatrics - 1.0 FTE There may (probably) be other specialty physicians spending part time at the Prior Lake clinic. An optical store and space for optometric services will be included initially. A retail pharmacy may be planned for the expanded area, after we reach the capacity for the fully expanded facility. SUllport Staff The current Prior Lake clinic has 2 FTEs of physician time and 1.0 FTE of a nurse practitioner, for a total provider number of3.0 FTEs. There are currently 9.5 FTE's of additional support staff at the clinic. Once the clinic reaches it's fully expanded size, it is anticipated that there will be 16- 20 FTEs of support staff in addition to the provider staff at the clinic. Hours of Operation The hours of operation for the clinic will be Monday-Friday 8:30-5:00 and the hours of operation for the Park Dental clinic will include evening and weekend hours. Wip\PL70409 ~ ~:;yf,on {by t b -::fDG :'.i Fra~ ~ ,'n 1r ~d;';;'~i~i O::t fI:::f? ":1~ ~.,~ - '~of,. /r,,. .,fl' "of J~ :;,'.i~ f.-....O'; .:.;r~: DESCRIP'l'lON PARCEL 1\: 'ii ....l.. !.';.."'.~'.'.'.,.i. i>\ *' M- That pact ot the West Hult ot the Southeilst Quaetee ot Section 2, 'l'OI.fl1!lhip 114, Hange ?/., Scott county', MinneDota, descdbed as foHows: \ \ --I \ COOlllenclng at a point on the east I ine of said \'Jest f1ill E of the :ioutheast (luaeter, di.stant 1677,13 feet noeth of the southeil.st comee theeeot (:m id east line to beae Noeth ()O degrees 05 minutes 00 seconds \oJest toe I?'leposes ot descdption); thence ~;outh t\9 degeees 55 minutes OU secon<.1s We:;t i1 eli stance ;f 4,78 feet to the WHSt I ine of the plat of PRIOR SOU'rIl, ~;cott County, ~1inn'wota as monmnented, the j,Joint ot beginning of the land to he described; thence continllinq Scllth H,) dl?tJc"lp.s 55 minutes 00 "",conds We!.'t ,,\ rli~tanc'" of f":'''.l-' f~t moce 0\, I ells to th" southeaster 1 y eight-of-way of Ih'lhway No. 13; thence southwe;tel:'ly " dbt<ince of 0.05 feet moee oe less alon~) "<1id ci~)ht-ot-way to the west I ine of the east 700.00 feet of said West Half of the Southeast Quartec; thence SOuth 00 degrees 05 minutes 00 seconds East alony silid west line a distance of 699.99 feet more or less to the intersection with a ]ine dral.fl1 at right a~gles to said east line of the West Half of the Southeast Quartee from a point on said east line distant 700.00 feet southecly of the point of corrmencement; thence Noeth 89 degrees 55 minutes 00 seconds [.allt il distance of 697.21 feet to the intersection with the monumented westerly line of said plat of PRIm saJTIl, sain inteese~tion point being 2.79 feet westecly ot said east line of the West fla If; thence North 00 decJrees 14 minutes 48 seconds West along said monumented West line 700.00 feet to the point of beginning. ,,':'. j~ II t~_.. ......{.... l' ." ,::~t:r:1} -f..:,:; <:-; ~\-,.. . - ,.". ;/;:' .~i(,. ",' That pal:'t of said We5t Ualf of the Southeast Quarter descdbed as cOlllmencing at the int.!rsection ot the east 1 ine thereof and the south 1 ine ot '['0....,1 Road an now laid rnlt and traveled through said Southeast Quarter: thence South 87 d~Jrees 16 minutes' OOsecQnds ~Jest along said_!'OutD"lil'le",'!..,distance of" 150.00. feet to the actual ,?=lint of beginning of the tract to be desccibed; thence SOuth (J() degrees 05 minutes 00 seconds E'.ast and paeaIlel with said East line of the West Ualf of the Southeast ClUaeter a distance of 258.13 feet to the noeth line of the (i('st above descdbed tract; thence South 89 degrees 55 minutes 00 seconds \oJest along said north line a distance of 66.00 feet: thence North 00 degrees 05 minutes 00 secone~ West a distance of 255.08 feet to said south line of Town Road: thence North f\7 degrees 16 minutes 00 seconds East a di:Jtance of 66.07 feet to the point of beginning. TOGF.;TlIP..R WITH PARCEL 13: . ..' t,.: ~ ,>~~4.1~ I_.;!", ". ,H '-:,,\"', ....,. . 'n;:~ ,,(j h', EXCEPTING from allot the above described property that portion contained within the following desceibed t('act: ~'. '.. .f{ " "...... "-' :'~':,';il~ , ,{"~_.~',;.i~ .. ~:., <0, !:'; That part of the Went Unlt of the Southeast Quarter of Section 7., '~ownship 114, Range 22, Scott County, Minnesota described aa follows; <''..oII1l109ncing at the southeast co("ner of said West Halt ot the Southei'l.9t ('Jartec: thence !lorth r)() de<)ce..", O!\ minutes 19 se<:xll'ld8 e'.ast along the west line o( the "lat of. PR 1<:-1; ~;OFi'!!, Scott l::Ounty, Minnesota, as JrlOnumented, .. dU'ltance ot 194<),'/4 feet to the mter:section with a line drawn parallel ",ith and distant 33.CJ(J t~t southcely (as measured at right angles) of the centel:'J ine of County Kcad No. 3y I U'r:ank 1 in ','r:ail) the point of beg inniny of the I and to be described: thence South HI degrees 29 minutes 19 seconds West along Mid parallel 1 ine a distance of 150.00 feet: thence South 00 degrees 08 minutel'l 19 seconds West a di.!'tancp. of 256.44 feet; thence ;,cuth 119 de<J('ees 51 minutes 41 second.!; East a di.stance of 149.84 feet to the interllection with a line dl:'awn SOuth eX) degree!! DB minutes 19 seconds West from the poi.nt of beginning; thence North 00 degrees 08 minutes 19 seconds East a distance of 2G3.3fl feet to thE! point of beginning. 'i' t "1 ~'or tho pUf['lC'SEI 01 this exception descdption the south J In,, ct. tI",id Wl'!c;t ~ial ( ol th" ~utheast r)\li'lr:ter 'Nas designated a beariil'J of No('th fl9 decjr:p.e8 'is mi n\lte~ 36 seconds East <lIltJ ",t I other:s are eelative thecctp. .....,. I,;: (-.' ,\. '!,-.i~~L ":"*"'" ~;t. 1'- , . ,." . _ ~ "i '.;~.t - ,";~ }~ :f'i- Post-it" Fax Note To .-.- 7671 tHy that this :.;urvp.y dra....iOtJ ....aB Ie or under rrry direct slJpervillioo and !lily licensed Land Surveyor \lnder the 4J;:,P--o.f M i nn'60t3 . J ..../ ,f ."t. , . .' ........r . . ': lIldi, ~ SurvP)'or Ji8tratioo No. 10183 __:d day of :">ept. 1996 Phone # Fax # CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST PROJECT NAME:-- PARK NICOLLET CLINIC An application for site plan approval for the Park Nicollet Clinic, located on Highway 13 between the Hollywood and Valishek's. APPLICANT: HealthSystem Minnesota PROJECT ENGINEERS: James Johnson BWBR Architects 400 Sibley Street, Suite 500 St. Paul, MN 55101 290-1932 CONTACT PERSON: Dean Williamson Frauenshuh Companies Minnesota Center Suite 210 7760 France Avenue South Bloomington, MN 55435 896-2322 SITE INFORMATION PID#: 25-902-042-0 LOCATION: The property is located just south of Franklin Trail between the Hollywood Bar and Velishek's car sales. EXISTING ZONING: B-3 PROJECT REQUEST: Review and approve site plan. DISTRIBUTE TO: APPLICATION FOR: Frank Boyles x Greg IIkka Administrative Land Division Blair Tremere x Sue McDermott Comprehensive Plan Amend. Ralph Teschner x Jeff Evens Conditional Use Permit Paul Hokeness Lani Leichty Home Occupation x Gary Staber Verlyn Raaen Rezoning Don Rye Doug Hartman x Site Plan x Jane Kansier Preliminary Plat ~ JenniTovar .. Dick Powell PUD DNR - Pat Lynch Minnegasco Final Plat County Hwy. Dept. Watershed Dist. Variance MNDOT Telephone Co. Vacation SMDC Electric Co. Other Met. Council Date Received 4/11/97 Date Distributed 4/14/97 Date Due 4/17/97 Complete Application 4/11/97 Date Distributed to 4/14/97 DRC Meeting 4/17/97 Date DRC Publication Date NA Tentative PC Date NA Tentative CC NA Date 60 Day Review Date 6/11/97 Review Extension I :\97files\97 sitepl\parknic\referral. doc Page 1 I have reviewed the attached proposed request for the following: Water City Code Grading Sewer - Storm Water 'i-... Signs x.. Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: Approval Denial Conditional Approval Oll.r- I 1-u.rtd~c"p.t /sl".,J.~ C(.t tlllc/ of I~..,J~ N-tdRd Signed ~ ~ Date: 'I-f)" -;7 Please return any comments by , to Jane Kansier, ORC Coordinator City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-4230 Fax: (612) 447-4245 I :\97files\97 sitepl\parknic\referral. doc Page 2 PURCHASE ORDER CITY OF PRIOR LAKE, MINNESOTA (612) 447-4230 Fax: 447-4245 NO. Or; -t; 3D; IMPORTANT - This no. MUST appear on all packages, packing slips, shipping papers, invoices & correspondence. The Center of the Lake Country INVOICE TO: City of Prior Lake 16200 Eagle Creek Ave. S. E. Prior Lake, Minnesota 55372 SHIP TO: (Same as "Invoice To" unless otherwise noted below) PURCHASE FROM: +Lea I.j),~'fs~m M,'tln :a~+;~~~ 55'l- b -.J.6qtj IMPORTANT QUOTE THIS ORDER NUMBER ON INVOICE .;13 Cj{)/. TOTAL ORDER 3) 9DI.hD ORDERED BY: S~ ~ TO BE USED FOR: Dept. Acct. #: S,,) ltJ ()O ~ g - SI L CITY MANAGER NOTE: The City is not subject to penalty for late payment on bills. White - Vendor Yellow. Receiving Pink - Accounting & Purchasing ~ EASEMENT CHECKLIST DATES 1. Legal Description: or .po.-.tL J..)iUJtl~1- e~~~./ &.c1.. la~1~ ~ Address: or Person: or 2. Draft Date: ~ : ;).coo 3. Signatures: ro.\'t, ~c..o\WJ- -4/1 tl DC> ~~ 4!)J.i/DO 4. Notarized: 4J~/oD 5. Taken to County: Date: Who: s:- 3 / -(j() . (' 1J71/rL< ~/ 6. Returned from County (Date): (JYI1.... . 7. Comments: I\~ .x:Ju..i '1-0 ~NJ \..~ff.1 ~ 1//400 . *NOTE: This document can be destroyed after County Recorder has returned document in recorded form. G:\forms\easeck.doc CITY OF PRIOR LAKE 16200 EAGLE CREEK A VENUE SE, PRIOR LAKE, I\'IN 55372 "- \1~ '/'~ .:..'>,. \ ',;'\ '. '..;, Date: April 23, 1997 Number of pages including cover sheet: 2 To: Jim Walstrom From: Don Rye City of Prior Lake 452-5550 Fax phone: (612)447-4230 (612)447-4245 Phone: Fax phone: Phone: cc: REMARKS: o Urgent o F or your review o Reply ASAP o Please comment Dear Jim, Please review and let me know the City's responsibility in this matter. Thank you. Don ""'." ~" STATE OF MINNESOTA COUNTY OF SCOTT APR 1 5 1997 No. 96-07282 SCOTT COUNTY ~~:~~~~~~~ OTHER ova 'J ," AMENDED LAND TITLE SUMMONS IN APPLICATION FOR REGISTRATION OF LAND In the Matter of the Application of HealthSystem Minnesota, a Minnesota non-profit corporation, to Register Title to the Real Estate situated in Scott County, Minnesota and described on Exhibit A attached hereto and made a part hereof, namely: HealthSystem Minnesota, a Minnesota non-profit corporation, Applicant(s) vs. Northern States Power Company, Joseph J. Stepka. Anna L. Stepka, M-R Properties, State of Minnesota, County of Scott, City of Prior Lake, Leroy Bohnsack, Karen L. Bohnsack, Tom Kortsch, David E. Velishek, Mary Kay Velishek, Prior Lake State Bank, Priordale Mall Investors Limited Partnership, Canada Life Assurance Company successor by merger with North American Life Assurance Company, Farmers & Merchants State Bank of New Dim now known as F & M Alliance Bank, Commerical State Bank of Minnesota now known as Firstar Bank of Minnesota, N.A., Prior II Partnership, Crown Coco, Inc., The First American National Bank of St. Cloud now known as First American Bank, N.A., Norbert H. Borka, Lorraine M. Borka, Midway National Bank of St. Paul now known as Midway National Bank, Brooksville Limited Partnership, Federal National Mortgage Association, John C. McLaughlin, H.P.G. Management, Lester H. and Helen P. Cleven Trust, Kestrel Properties I Limited Partnership, Zap National Bank of St. Cloud, Colonial Estates Townhomes Association, Heather J. Reck, Mountain States Mortgage Centers, Inc., Nicole R. Valek, Minnesota Housing Finance Agency, Prior West Limited Partnership, Scott-Rice Telephone Co., also all heirs and devisees of any of the above-named persons who are deceased; and all other persons or parties unknown, claiming any right, title, estate, lien or interest in the real estate described in the Application or amendments herein. Defendants THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS: You are hereby summoned and required to answer the Application of the Applicant in the above-entitled proceeding and to file your answer to said Application in the office of the Administrator of said Court, in said County, within 20 days after service of this Summons upon you exclusive of the day of such service, and if you fail to answer the Application within the time aforesaid, the Applicant in this proceeding will apply to the Court for the relief demanded therein. Tames E. Schmeckpeper Attorney(s) for applicant(s) WITNESS, District Court Administrator of said Court, and the se~ereof, W1;lakopee in said County this ~ day of n \ . 1997. Dorsey & Whitney LLP Pillsbury Center South 220 South Sixth Street Minneapolis. Minnesota 55402-1498 Address By 4ud tl4~ ( Deputy (612) 340-7995 Phone 11 EXHIBIT A That part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the southeast corner of said West Half of the Southeast Quarter; thence North 00 degrees 05 minutes 00 seconds West assumed bearing along the east line of said West Half of the Southeast Quarter a distance of 1940.73 feet to the intersection with a line drawn parallel with and distant 33.00 feet southerly (as measured at right angles) of the centerline of County Road No. 39 (Franklin Trail and former town road); thence South 87 degrees 06 minutes 12 seconds West parallel with said centerline a distance of 222.63 feet; thence South 00 degrees 16 minutes 20 seconds west a distance of 253.83 feet; thence South 89 degrees 44 minutes 17 seconds West a distance of 481.24 feet to the southeasterly right-of-way line of State Trunk Highway No. 13; thence southwesterly along said southeasterly right-of-way line a distance of 2.95 feet; thence South 00 degrees 08 minutes 48 seconds East a distance of 698.36 feet; thence North 89 degrees 41 minutes 06 seconds East a distance of 704.31 feet to the east line of said West Half of the Southeast Quarter; thence North 00 degrees 05 minutes 00 seconds West a distance of 963.60 feet to the point of beginning. EXCEPTING Therefrom the following described tract: That part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota described as follows; Commencing at the southeast corner of said West Half of the Southeast Quarter; thence North 00 degrees 08 minutes 19 seconds East along the west line of the plat of PRIOR SOUTH, Scott County, Minnesota, as monumented, a distance of 1940.74 feet to the intersection with a line drawn parallel with and distant 33.00 feet southerly (as measured at right angles) of the centerline of County Road No. 39, (Franklin Trail) the point of beginning of the land to be described; thence South 87 degrees 29 minutes 19 seconds West along said parallel line a distance of 150.00 feet; thence South 00 degrees 08 minutes 19 seconds West a distance of 256.44 feet; thence South 89 degrees 51 minutes 41 seconds East a distance of 149.84 feet to the intersection with a line drawn South 00 degrees 08 minutes 19 seconds West from the point of beginning; thence North 00 degrees 08 minutes 19 seconds East a distance of 263.38 feet to the point of beginning. For the purpose of this exception description the south line of said West Half of the Southeast Quarter was designated a bearing of North 89 degrees 55 minutes 36 seconds East and all others are relative thereto. APPROVED AS TO FORM THIS qti; DAY~S 19EJ \m-i .-y\ , " BRYCE D. HUEMOELLER EXAMINER OF TITLE~ Fixture supplied with an epoxy . undercoat and durable acrylic , thermoset powder finish, with excellent resistance to ultraviolet, NOTE: abrasion, fading and weather. * For all MH. and 100W HPS with 208V Standard finish is Bronze (1). or 240V. this dimension is 3.0' (76 mm). For optional colors specify: Black (2) or White (3). Standard shroud color is silver. Electrical Fixture includes a clear, medium base lamp. Porcelain enclosed, 4kv rated screw shell type lamp holder with spring loaded center contact. HPS ballast assemblies include a 120V high power factor Reactor ballast. MH assemblies include a 120/277V dual-tap high power factor High Reactance ballast. When one of the optional ballasts are utilized, a step-down transformer is included in the assembly. Finish Labels ANSI lamp wattage label supplied, visible during relamping. Listed in accordance with V.L. Standard #1572, for wet locations. APPROVED Series BCA / Mounting -10' (254 mm)L X 6' (152 mm)W1 Hole Wne It / - Fixture '--.. " 25" ~ ~)-l / :;-'''" Housing. ....... /.r- Ignitor Finish color; j......... bronze. 2.25' (57 mm)* Ballast =l= Lampholder - t 4.2' (107 mm) Lamp I (Included) =c Polycarbonate ~ Lens Sealing Gasket i_ Photocell (Optional) Reflector Plate Threaded Nipple WIth Slotted Hex Head Cap It Aluminum Shroud SPEc.l I I TYPE WATTAGE I CATALOG #! OPTIONS 50W MH BCA405K8S-D* ( ) -2: 277V Ballast (Fo<HPS)(RcpIoooo.t) 70W MH BCA407K8S-D_< ) -3: 208V Ballast lOOWMH BCA410KBS-D_< )** (Fo<HPS)(RcpIoooo.l) 35WHPS BCA503]8S-1_( ) -4: 240V Ballast (Fo<HPS)(RcpIoooo.l) 50W HPS BCA505]8S-1_( ) tP:Photocell 70W HPS BCA507J8S-1_< ) t (SJl'cify......) 1-120V, 2-Tl7V; ;.208V, 4-UOV lOOW HPS BCA510]8S-L< ) B: Bronze Color Shroud (RcpIooooS) G: Gold Color Shroud (RcpIooooS) T: T amperproofLens Fasteners * Specify OprionslFinish (). ** Non vandal-resistant lens. For voltage suffix explanation, see Technical Data Sheet ID-l. \ I g h t n g@ Description Aluminum die cast ballast housing features a thermal air isolation chamber separating the ballast core and coil &om the other components. Completely gasketed clear lens is vinually unbreakable polycarbonate. To allow operation withhigherwarrage, 100WMH fixture supplied with a KAMAX@ lens material. This material is not as vandal resistant as polycarbonate. Supplied with a neoprene sealing gasket for complete waterproofing at the mounting surface. A silicone rubber seal is furnished to provide a seal at the lens. Combination of internal polished aluminum shroud and diffuse reflector plate provides front brightness shielding without sacrificing wide light distribution. Lens is fastened to housing with phillips-head captive stainless steel screws. Steel fixture mounting bar and threaded nipple are provided for direct mounting to a recessed junction box. (See "accessories sheet" in back of Wall Packs section for accessories). ;';;>-.1.::>::>r .1.<+'.1.0 c w ~ 0: D. ~ \C) ~ N II '-.) ll.. " > ~ CJ H z: H --\ \..) z: \-or ill ..J .... -11.ll ~~ \.)..::( H-1 z: ~ ~C) trH <ere ~Q L..UI"IM ..:JML-c:.~ '"'.1.1 '11 'tL:.nr-- UL....L ~ j.,. ^ I'- " " r-. " ~::'. ' /./ , '( (' ~,(' ,,' ,. v ,. , '.t. / -.;, e. I ~l' ~t ( :>> ~ I ~ _'-oj r I ! ~ l..U ~ -l-.J ~~ .J ~ rx:: ~ ill ai: !~ ill \-- \S) I t I ~J __.J :J O..L~ uo:::.J ,...JII:.JI......&.. I. ~"-" 11:..1'''-' .... '4J'~1l8 ~H~ G\ C en "'. ..-4 N .... ,N 'SI" Vl N lr' ,"I" o N .... N - In ,.... en .... 10 ~ IJ\ - - tHiffiftm' .~ . . .,~,~ CtI (7\ \D N ITI N o \D \II m If'l .... - \,0 - m ..,. f' (J\ CD 'Of " o ,~ , ,....., - ... l') . \'I If) .....0 .... f'. IT) . N en co \0 ,.... :'f' co .... i ( \ ~ II 8612 921 3368 LARSEN DESIGN + INT. 12/11/97 08:13 P.001/002 [LARIENI FAX L.ARSEN DESIGN OFFICE, INC. 7101 YORK AVENUE SOUTH MINNEAPOl.IS, MINNESOTA 55435 TEL- 612.835.2271 FAX 612..92.1.3368 INTERNET WWW.LARSEN.COM TO Jane Kansier COMPANY City of Prior Lake PHONE 447-4230 FAX 447-4245 FROM Michael Haug DATE December 11, 1997 TIME 8:00 PAGES 2, including this one MESSAGE Following is a sign design that HealthSystem Minnesota would like to install for their Prior Lake clinic at the intersection of Franklin Trail and the clinic access road. The clinic would prefer that the sign be placed on the west side of the access road, opposite the stop sign.We would like your preliminary approval of this sign and location before fabrication begins. Please give me a call if you have any questions or conunents. Thank you. .~- - 8612 921 3368 LARSEN DESIGN + INT. 1~1. 611 r~~ :-:, ~~~~ 3'0" I 2" n o o 3" a 12/11/97 08:14 P.002/002 ~2l 210" J 6'6" ~ ~I~IRST BANK First Bank National Association Minneapolis Office 601 Second Avenue South Minneapolis, Minnesota 55402-4302 612973-0736/0710 International Banking Division Cable: FIRSTBANK, MPS TELEX: 192179 FBNA INTL MPS S.W.I.F.T.: FNBMUS44 Fax: 612 973-0838 JUNE 3,1997 CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE PRIOR LAKE, MINNESOTA 55372~ WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 76662 FOR THE ACCOUNT OF WELSH CONSTRUCTION CORP., 8200 NORMANDALE BOULEVARD, SUITE 200, MINNEAPOLIS, MINNESOTA 55437-1060 IN THE AMOUNT OF $45,155.00 (FORTY FIVE THOUSAND ONE HUNDRED FIFTY FIVE AND NO/100 U.S. DOLLARS) AND AUTHORIZE YOU TO DRAW AT SIGHT ON FIRST BANK NATIONAL ASSOCIATION, MINNEAPOLIS OFFICE. DRAFTS ON US AT SIGHT MUST BE ACCOMPANIED BY A SIGNED STATEMENT OF THE BENEFICIARY AS FOLLOWS: "THE UNDERSIGNED HEREBY CERTIFIES THAT I AM DULY AUTHORIZED TO EXECUTE THIS DOCUMENT ON BEHALF OF THE CITY OF PRIOR LAKE AND THE AMOUNT OF THE DRAFT ACCOMPANYING THIS CERTIFICATION IS DUE AND OWING TO THE CITY OF PRIOR LAKE BY VIRTUE OF A DEFAULT BY WELSH CONSTRUCTION CORP. AND THAT WELSH CONSTRUCTION CORP. HAS FAILED TO ASSURE THAT ALL LANDSCAPING IS ALIVE AND HEALTHY. THE AMOUNT DRAWN WILL BE USED BY THE CITY OF PRIOR LAKE TO CURE THE DEFAULT." THE AMOUNT OF ANY DRAFT(S) DRAWN UNDER THIS CREDIT ARE TO BE ENDORSED ON THE REVERSE SIDE HEREOF, SUCH DRAFT(S) MUST BEAR THE CLAUSE "DRAWN UNDER FIRST BANK NATIONAL ASSOCIATION, MINNEAPOLIS OFFICE CREDIT NO. 76662 DATED JUNE 3, 1997." WE HEREBY AGREE WITH DRAWERS THAT DRAFTS AND DOCUMENTS AS SPECIFIED ABOVE WILL BE DULY HONORED UPON PRESENTATION TO FIRST BANK NATIONAL ASSOCIATION, MINNEAPOLIS OFFICE, 601 SECOND AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55402-4302 IF PRESENTED ON OR BEFORE OCTOBER 31.1998. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS PUBLISHED BY THE INTERNATIONAL CHAMBER OF COMMERCE, OR ANY SUBSEQUENT REVISION THEREOF. FIR T' ANK NATIONAL ASSOCIATION, MINNEAPOLIS OFFICE ~t!lfsI{{j~P~ ~ 76662KHR.DOC 4~'RST BANK First Bank National Association Minneapolis Office .' 601 Second Avenue South Minneapolis, Minnesota 55402-4302 612973-0736/0710 International Banking Division Cable: FIRSTBANK, MPS TELEX: 192179 FBNA INTL MPS S.W.I.F.T.: FNBMUS44 Fax: 612 973-0838 JUNE 3,1997 ENCLOSED IS OUR LETTER OF CREDIT NUMBER 1QQQ2 BENEFICIARY CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE PRIOR LAKE, MINNESOTA 55372 APPLICANT WELSH CONSTRUCTION CORP. 8200 NORMANDALE BOULEVARD SUITE 200 MINNEAPOLIS, MINNESOTA 55437-1060 ATTN: DENNIS DOYLE ~.., ~ '_";/" .~-r.. 1;;.),../ ('~,./i~:-----.~:_r i ./-L--!"'-' ,1./ ' '_..J FIRST BANK NATIONAL ASSOCIATION, MINNEAPOLIS OFFICE .-') J ,-",' ,.....:J'-t ! D.; Lv 1.,_/>-_'( "._,-' IYS'~Y<. J~" J'~~;r:rVJt.r .. ~~? 76662KHR.DOC Staff Reports L:\TEMPLA TE\FILEINFO.DOC STAFF AGENDA REPORT AGENDA #: PREPARED BY: SUBJECT: DATE: 5J JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF RESOLUTION 98-XX APPROVING AN AMENDMENT TO THE PRELIMINARY AGREEMENT FOR DEVELOPMENT CONTRACT FOR THE PARK NICOLLET CLINIC APRIL 6, 1998 INTRODUCTION: The purpose of this agenda item is to consider approval of an amendment to the Developer's Contract for the Park Nicollet Clinic. The purpose of the amended contract is to replace the legal description in the original contract with a new legal description developed as part of the Torrens Land Registration Proceeding. DISCUSSION: On May 19, 1997, HealthSystems Minnesota and the City of Prior Lake entered into a short form development contract for the Park Nicollet clinic located just off of Highway 13 and Franklin Trail, between Velishek Auto Sales and the Hollywood Bar and Grill. The short form contract provided for the construction of public improvements to serve both parcels of land owned by HealthSystems Minnesota rather than those required for just the clinic building. When registering the title to this property, the owners discovered a discrepancy in the legal description. To resolve this discrepancy, the owners initiated the Torrens Land Registration proceeding. As a result of this proceeding, a new legal description was developed. The proposed amendment to the development contract does not change the original provisions or terms of the contract. It merely serves to correct the legal description. Any substantive changes to the original terms of the contract will require a further amendment. ISSUES: There are no issues involved in this amendment. As stated above, the amendment affects only the legal description; the remaining provisions of the contract remain in effect. 1:\97files\97sitepl\parknic\4-6ccrpt.doc P~e 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER AL TERNA TIVES: RECOMMENDATION: ACTION REQUIRED: 1:\97files\97sitepl\parknic\4-6ccrpt.doc 1. Adopt Resolution 98-XX, approving the Developer's Contract. Authorize the Mayor and the City Manager to execute this agreement. 2. Deny Resolution 98-XX. 3. Defer consideration of this item for specific reasons. The staff recommends Alternative #1. Motion and second as part of the consent agenda to adopt Resolution 98-XX Reviewed By: Frank Boyles, City Manager Page 2 RESOLUTION 98-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE AMENDMENT TO THE PRELIMINARY AGREEMENT FOR DEVELOPMENT CONTRACT FOR THE P ARK-NICOLLET CLINIC MOTION BY: SECOND BY: WHEREAS: The City of Prior Lake and HealthSystems Minnesota entered into a Preliminary Agreement for Development Contract on May 19, 1997; and WHEREAS: the legal description included in the Preliminary Agreement for Development Contract has been revised through the Torrens Land Registration Proceeding; and WHEREAS: the Amendment to Preliminary Development Contract corrects the legal description. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, authorizes the Mayor and the City Manager to sign the Amendment to the Preliminary Agreement for Development Contract with HealthSystems, Minnesota. Passed and adopted this 6th day of April, 1998. MADER MADER KEDROWSKI KEDROWSKI PETERSEN PETERSEN SCHENCK SCHENCK WUELLNER WUELLNER YES NO Frank Boyles, City Manager City of Prior Lake {Seal} I: \97files\97sitepl\parknic\rs97xxcc.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER AMENDMENT TO PRELIMINARY AGREEMENT FOR DEVELOPMENT CONTRACT This Agreement is entered into this day of , 1998 by and between the City of Prior Lake, a municipal corporation (hereinafter referred to as "CITY"), and HealthSystem Minnesota, a Minnesota nonprofit corporation (hereinafter referred to as "DEVELOPER"). RECITALS A. The City and Developer have previously entered into an Agreement dated May 19, 1997, entitled "Preliminary Agreement for Development Contract" ("the Agreement"). B. Developer and the City desire to amend the Agreement. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. The Agreement shall remain in full force and effective except as specifically modified by this Amendment. 2. "Exhibit A" to the agreement is amended by substituting new "Exhibit A" as attached hereto. IN WITNESS WHEREOF, this Amendment has been executed on the day and year first above written. DEVELOPER: HEAL THSYSTEM MINNESOTA CITY OF PRIOR LAKE By: Its: By: Wesley M. Mader, Mayor By: Frank Boyles, City Manager 60240 APPROVED FOR FORM & EXECUTION By: Suesan Lea Pace, City Attorney REVIEWED FOR ADMINISTRATION By: Greg Illka, City Engineer STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 199_, by , the of HEALTHSYSTEM MINNESOTA, a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 199_, by Wesley M. Mader, and Frank Boyles, the Mayor and City Manager, respectively, of the CITY OF PRIOR LAKE, a Minnesota municipal corporation, on behalf of the corporation through the authority given by its City Council. Notary Public THIS INSTRUMENT WAS DRAFfED BY: Campbell Knutson Professional Association 1380 Corporate Center Curve 317 Eagandale Office Center Eagan, MN 55121 60240 2 " ('1'h:b~\-\\ ~" PARCEL A: That part af the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Cammencing at a paint on the east line of said West Half of the Southeast Quarter, distant 1677.13 feet north of the southeast corner thereof (said east line to bear North o degrees 47 minutes 03 seconds East for purposes of this desc'ription); thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet; thence South 0 degrees 37 minutes 17 seconds West a distance of 700.00 feet to the intersection with a line drawn at right angle to said east line of the West Half of the Southeast Quarter from a point on said east line distant 700.00 feet southerly of the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 700.00 feet; thence North 0 degrees 37 minutes 17 seconds East a distance of 239.96 feet to the point af beginning of the land to be described; thence South 89 degrees 12 minutes 57 seconds East a distance of 168.25 feet; thence North 51 degrees 47 minutes 24 seconds East a distance of 413.25 feet; thence North 0 degrees 47 minutes 03 seconds East a distance of 200.00 feet to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 485.51 feet to the southeasterly right-of-way of Highway No. 13; thence Southwesterly a distance of 6.68 feet along said right-of-way to the intersection with a line that bears North 0 degrees 37 minutes 17 seconds East from the point of beginning; thence South 0 degrees 37 minutes 17 seconds West a distance of 455.87 feet to the point of beginning. ,... -. '.' , PARCEL 8: That part of the West Half of the Southeast Quarter of Section 2, Township 114, Ronge 22, Scott County, Minnesoto, described os follows: Commencing at a point on the east line of soid West Half of the Southeast Quorter, distant 1677.13 feet north of the southeast corner thereof (said east line to bear North o degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 secands West a distance of 4.78 feet to the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17 seconds West a distance of 700.00 feet to the intersection with a line drawn at right angle to said east line of the West Half of the Southeast Quarter from a point on said east line distant 700.00 feet southerly of the point of commencement; thence North 89 degrees 12 minutes 57 seconds West 0 distance of 700.00 feet; thence North 0 degrees 37 minutes 17 seconds East a distance of 239.96 feet; thence South 89 degrees 12 minutes 57 seconds East a distance of 168.25 feet; Thence North 51 degrees 47 minutes 24 seconds East a distance of 413.25 feet; thence North 0 degrees 47 minutes 03 seconds East a distance of 200.00 feet to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of beginning; thence South 89 degrees 12 minutes 57 seconds East a distance of 209.26 feet to the point of beginning. Together with that part of said West Half of the Southeast Quarter of Section 2 described as follows: Commencing at a point on the east line of said West Half of the Southeast Quarter, distant 1677.13 feet north of the southeast corner thereof (said east line to bear North o degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minu tes 57 seconds West a distance of 4.78 feet to a line which bears North 0 degrees 37 minutes 17 seconds East from the southeast corner of said West Half of the Southeast Quarter; thence North 0 degrees 37 minutes 17 seconds East 0 distonce of 263.95 feet, more or less, to the southerly right-of-way line of County Road No. 39 (Fronklin Trail); thence westerly along said southerly right-of-way line a distance of 150.00 feet to the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17 seconds West a distance af 256.44 feet to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 61.25 feet to the intersection with a line 215.84 feet westerly, as measured at right angles, of said east line of the West Half of the Southeast Quarter; thence North 0 degrees 47 minutes 03 seconds East parallel with said east line a distance of 253.41 feet to the intersection with said southerly right-of-way line of County Road No. 39 (Franklin Trail); thence easterly along said southerly right-of-way line a distance of 60.57 feet to the point of beginning. STAFF AGENDA REPORT DATE: SA JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF RESOLUTION 97-XX APPROVING A DEVELOPERS CONTRACT FOR THE PARK NICOLLET CLINIC MAY 5,1997 AGENDA #: PREPARED BY: SUBJECT: INTRODUCTION: The purpose of this agenda item is to consider approval of a short form Developer's Contract for the Park Nicollet Clinic. This contract is to provide for the construction of public improvements to serve both parcels of land owned by HealthSystems, Minnesota, rather than those required for just the clinic building. DISCUSSION: HealthSystems, Minnesota, is planning to construct a Park Nicollet medical clinic on the vacant land located just off of Highway 13 and Franklin Trail, between Velishek Auto Sales and the Hollywood Bar and Grill. The entire site is approximately 11.5 acres in size. The clinic building will be located on one parcel of approximately 4 acres in the northwest corner of the site. Future development will occur on a contiguous parcel. The clinic building can be constructed without platting the property comprising the site. If the property is not platted, City ordinances do not require a Development Contract. If the clinic building is constructed prior to platting, this site can be developed without a developer's contract. In order to do so, a building permit and site plan must be approved by the staff prior to construction. This option includes the following costs: . Building permit and application fees . Trunk sewer and water fee for the entire parcel (11 acres) at $3,500 per acre = $38,500.00. This fee will not be collected at the time of future development. . At the time future platting and development, the access to the site from Franklin Trail must be reconstructed as a 9 ton road, and utilities must be 1:\97files\97sitepl\parknic\counrpt.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 ~~ AN EQUAL OPPORTUNITY EMPLOYER ISSUES: 1:\97files\97sitepl\parknic\counrpt.doc installed. Since the site will most likely be developed in the future, it seemed advantageous to install some of the necessary public improvements to serve the future development at this time. These improvements include the road access from Franklin Trail, and sewer and water lines in that road. The advantage to the developer is that the entrance to the clinic would not be disrupted by future construction. The proposed Developer's Contract includes the following: . The developer will agree to build a 9 ton road with curb and gutter and utilities from Franklin Trail to the clinic driveway. The City will pay for the oversizing from a 7 ton road to a 9 ton road, which is our policy. . The City will agree to defer payment of the trunk sewer and water fee until future development occurs, or until January 1, 2002, whichever is first. At that time the fee will be calculated on the entire parcel, using the then existing fees, less any right-of-way dedicated to the City. . The developer agrees to plat the entire site at the time of future development, including the clinic site. . The City will agree to deduct the clinic site from the calculation of other area charges, such as stormwater, charges, and excluding trunk sewer and water. . A separate agreement authorizes the developer to utilize public right-of-way to install a Park Nicollet Clinic sign subject to certain conditions. We have not yet prepared the speCifics of this agreement; however, a sample of this type of agreement is attached for your information. One of the issues involved in the development of this site is the fact that it will be necessary to take some corrective actions with regard to contaminated soil and groundwater that likely will be encountered during the utilities installation under the access road from Franklin Trail. In the event the City accepts this road as a public right-of- way, there is some risk of future liability if recontamination takes place.. The City Engineer believes the risk is minimal; however, we do not know about the efforts that have been made to prevent recontamination of this site. As part of the Development Contract process, the staff will ask the developer to investigate when new tanks were installed at EZ Stop (the source of the contamination) and the monitoring equipment utilized. We believe that EZ Page 2 ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: 1:\97files\97sitepl\parknic\counrpt.doc Stop installed new tanks and monitoring equipment in 1993. At the City Attorney's recommendation, this information will be confirmed by staff before May 5, 1997. 1. Adopt Resolution 97 -XX, approving the Developer's Contract. Authorize the Mayor and the City Manager to execute this agreement. 2. Deny Resolution 97 -XX, allowing the developer to proceed by obtaining building permit and site plan approval for this project. 3. Defer consideration of this item for specific reasons. The staff recommends Alternative #1. The City Council must be aware of the future liability, however minimal, for clean-up of contaminated soil. Motion and second t dopt Resolution 97-XX ~J Page 3 STAFF AGENDA REPORT DATE; 7A SUESAN LEA PACE. CITY ATTORNEY APPROVAL OF RESOLUTION 97-XX APPROVING A DEVELOPER'S CONTRACT BETWEEN THE CITY AND HEAL TBSYSTEM MINNESOTA MAY 15, 1997 AGENDA #: PREPARED ~Y: SUBJECT: INTRODUCTION: At its May 5, 1997 meeting, the City Council considered and deferred action on a proposed Preliminary Agreement for Development Contract between the City and Hea1thSystem Minnesota. A copy of the Agenda item from the May 5, 1997 City Council meeting is attached for your convenience. DISCUSSION: The City Council deferred action on the Prelimin.aT)' Agreement for Development Contract to allow the City Attorney additional time to (1) negotiate and address the treatment of certain environmental issues relating to a portion of the Developer's property which will, at some point, be dedicated and conveyed to the City for roadway and utility pUIl'oses, and (2) analyze whether the City has an ownership interest in certain land used by owners of property adjacent to the HealthSystem Minnesota property and in which , HealthSystem Minnesota is asserting, through a Title Registration Proceeding, an ownership interest. A.Preliminarv Aereement for Development Contract The attached Agreement is substantially in the form originally prepared by oUI office and presented to HealthSystem Minl'l,esota ("I-ISM"). As originally drafted, the Preliminary Agreement did not address the environmental issues raised in connection with the development of the HSM property, It was at the insistence of HSM I S attorneys that several paragraphs relating to the City granting HSM a. waiver of certain future environmental claims was added. HSM was aware that we would recommend against such provisions, and in the alternative recommended the City seek indemnification from HSM. It may be some time before the ,City has an ownership interest in the 60' wide st.rip of land where HSM will construct an access road 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372"1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNI1Y r:MPLOYER 05/15/97 THlT 16:02 FAX 612 452 5550 C K S & F 19]003 and utilities to the Park Nicollet Clinic from Franklin Trail. This land will not be conveyed to the City unless or until "Parcel B" (the u.ndeveloped portion of the HSM property) is platted. The City's subdivisipn OTdinance requires a Development AgTt~ement at the time the property is pla.tted. The Development Agreement entered into in connection with the final plat will address the dedication and conveyance of the 9-ton road and at that time the City will be if!. a better position to evaluate the nature of the environmental risks associated with conveyance and acceptance of the access road. B. Title Re:istration Proceedine At the May 5, 1997 Council meeting, several individuals, who own or lease property adjacent to the HSM property, addressed the Council expressing concern that access to their property would be impaired by HSM closing a "roadll, whieh HSM maintains is private property. The property where the access "road" in question is located is the subject of a Title Registration Proceeding (a court proceeding to "quiet title" or determine ownership of Torrens property). As part of this proceeding. individuals with any recorded interest in the property a.re provided notice of the proceeding and may participate in the proceeding by interposing an answer if they want to assert rights to the property. The City is interposing an answer maintaining it has a utility easement across 25 feet of the property that abuts Highway 13. Our otl1ce has obtained copies of all documents recorded against the property, none of which create an ownership interest for the City; except the utility easement discussed above. We have also considered Minnesota Statute 9160.05 which provides that a City is deemed, by opera.tion of law, to have acquired an easement for roadway purposes if it has maintained and worked a road, or portion thereof as a public highway for six (6) continuous years. In our judgment, the statute does not apply in this instance because Minn. Stat. ~ J 60.02 specifically defines the types of roads and public highways that are subject to the statute. The lIaccess" in question does not fall within. any of the defmitions of public highway set out in Minn. Stat. 9160.02, nor has it been desicmated as a minimum-maintenance road. As a matter of statutory construction, statutes are strictly construed against the City. It is because of 1his rule of construction that we believe the City does not have an interest in the property for roadway purposes. We beJieve the Title Registration Proceeding is the appropriate 05/15/97 THU 16:02 FAX 612 452 5550 C K S & F IaI 004 fonJrn. to resolve the access dispute. 'It is my Wlderstanding that each of the interested parties is represented by counsel. As a matter of background information, on Monday, May 12~ 1997, Don Rye, Jane Kansier, Greg Illka, Jim Walston and Suesan Lea Pace met with Dean Williamson of HSM, and HSM's counsel, Messers. Boelter and Fontaine. During the meeting we asked HSM to consider ent~ng into .an agreement to postpone. closure of the road until the ownership issues could be resolved through the Title RegistTation Proceedjng. After some consideration, we were subsequently advised HSM had declined this suggestion. ISSUES: (1) Should the City Coun.cil approve the Preliminary Agreement for Development Contract with HSM? (2) Does the City have a property interest for roadway purposes over any portion of the property HSM claims it owns? ALTERNATIVES: Issue (1 ). 1. Adopt Resolution 97-XX approving the Development Contract; 2. Deny Resolution 97-XX whereby HSM may proceed with development of the Park Nicollet Clinic by obtaining site plan approval and a building permit for the project. Issue (2). I. The City should interpose its answer and allow other interested parties to assert their claims through the Title Registration Proceeding. RECOMMENDATION: Authorize the Mayor and City Manager to execute a Preliminaty Agreement for Development Contract with HealthSystem Minnesota. ACTION REQUIRED: Motion and second to adopt Resolution 97~XX. 05/15/97 THU 16:02 FAX 612 452 5550 C K S & F 141005 PRELIMINARY AGREEMENT .EQ.R DEVELOPMENT CONTRACT This Agreement is entered into this day of , 1997 by and between the City of Prior Lake, a municipal corporation (hereinafter referred to as "CITY"), and HealthSystem Minnesota. a Minnesota nonprofit corporation (hereinafter referred to as "DEVELOPER"). WHEREAS, DEVELOPER is claiming the ownership of certain property located in the City of Prior Lake. Minnesota, legally described as follows: [LEGAL] and depicted on the attached Exhibit A, (hereinafter referred to as lip ARCEL A"); and WHEREAS. PARCEL A is adjacent and contiguous to certain property owned by DEVELOPER located in the City of Prior Lake, Minnesota, legally described as follows: [LEGAL] and depicted on the attached Exhibit B, (hereinafter referred to as "PARCEL B"); and WHEREAS, DEVELOPER wishes to proceed to develop PARCEL A at the present time; and WHEREAS, platting PARCEL A and PARCEL B would delay DEVELOPER'S present plans to develop PARCEL A; and WHEREAS, CITY and DEVELOPER wish to cooperate in order not to delay or impede the development of PARCEL A, while at the same time maintaining the greatest degree of flexibility in the event PARCEL B is developed at a later time; and WHEREAS, DEVELOPER desires to avoid duplicated expenditures connected with the development ofP ARCEL A and future development of PARCEL B. NOW, THEREFORE, be it resolved that in consideration of the mutual promises. assurances and covenants. the sufficiency of which is not disputed that: 48440 1 05/15/97 THU 16:03 FAX 612 452 5550 C K S & F ItJ 006 1. The recitals set forth above are incorporated as if fuUy set forth herein. 2. The DEVELOPER or its Consulting Engineer shall be responsible for providing all construction services inoUuding, but not limited to: (a) Inspection of public improvement systems within the easement areas described in Exhibit attached hereto and made a part hereof, which include grading, sanitary sewer, watennain, storm sewer/ponding and street system; (b) Documqntation of construction work and all testing of improvements; (c) Con.struction quantities; (d) Project Testing: The DEVELOPER is responsible through its testing company, at the DEVELOPER's cost, to provide sufficient testing to enable the DEVELOPER's consulting engineer to certify that the public improvements constructed within the easement areas described in the attached Exhibit were completed in compliance with the applicable approved final plans and/or current City specifications. The personnel performing the testing shall be certified by the Minnesota. Department of Transportation. The City Engineer roay require additional testing if, in his opinion, adequate testing is not being performed. The cost of additional testing is to be paid by the DEVELOPER; (e) All improvements are subject to approval by the City Engineer. 3. When PARCEL A is developed, DEVELOPER will construct a 9-ton Toad in the area cross- hatched pn the attached Exhibit _ willi curb, gutter, sanitary 5ewer. watennain and storm sewer from Franklin Road to the clinic driveway. The CITY will reimburse DEVELOPER (a) for the cost difference to oversize the road from a 7-ton capacity to a 9.t.on capacity, a.nd (b) for the cost difference to oversize utility service from the utility service necessary to serve Parcel B at the time Parcel B i~ developed. 4. When Parcel 8 is developed, the CITY agrees to reimburse DEVELOPER the cost to oversize sanitary sewer. stonn sewer and water serving Parcel B. 5. The DEVELOPER will convey and the CITY will accept a drainage easement for a storm water retentioq. pond and several utility and drainage easements the location of which are depicted on shop drawings attached hereto and made a part hereof as Exhibit 6. Upon conveyance by the DEVELOPER of the easement areas depicted and legally described in Exhibit . the CITY will be responsible for any future repair, maintenance and, ifnecessary, replace~f the pipes, conduits and other public improvem.ents constructed in these easement areas. 7. As may be required by the CITY, the CITY will defer collection of its trunk sewer and water fees for PARCEL A until development of PARCEL B or until January I, 2002, whichever occurs first. The amount of fee to be collected will be based. on the rate of the trunk sewer and water fee at the time PARCEL B is developed. The fee will be calculated on Parcels A and B. less any right-of-way dedicated to the CITY. 8. DEVELOPER agrees to plat PARCELS A and B as one plat prior to, or at the time of any development of PARCEL B. 48440 2 05/15/97 THU 16:03 FAX 612 452 5550 C K S & F III 007 9. CITY agr~s to calculate all applicable area charges and fees, with the exception of trunk sewer and water, based solely on 1he acreage of PARCEL B. 10. The DEVELOPER intends to construct in the general area shown on the attached Exhibit_, which lqcation is subject to CITY approval, one (1) illuminated identification and directional sign and to install all necessary utilities to serve said sign. Upon the granting or dedicating to the CITY of an easement for public street purposes in, over, under and acrOSS the area where such sign and the utilities serving same are located, lhe CITY agrees, subject to negotiation of a separate "Perrn1t Agreement for the Private Use of Public Property"; in substantially the form of Exhibit _ attached hereto and made a part hereof, to permit the DEVELOPER to continue use of the area where the sign and the utilities servicing the same are .Iocated and such additional areas necessary to. service, repair, maintain., replace .or reconstruct such sign and utilities. Except for the locatioQ, of the identification and directional sign, the sign must in all other respects comply with the CITY's sign ordinance in effect at the time DEVELOPER applies for a signed permit. 11. The CITY will permit the DEVELOPER to name the 9-ton road referenced in paragraph 3 of this Agreem~nt. 12. This Agreement will become null and void at the time a final plat encompassing PARCEL A and PARCEL B is approved by the City Council. 13. Any amendment to the Agreement must be in writing. and authorized by the City Coundl. 14. Tn 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. 15. This Agreement shall be constmed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused these presents to be exeouted on the day and year first above written. DEVELOPER: HEALTBSYSTEM MINNESOTA CITY OF PRIOR LAKE By: Its: By: Lydia Andren, Mayor By: Frank Boyles, City Manager 48440 3 05/15/97 THU 16:03 FAX 612 452 5550 C K S & F III 008 APPROVED FOR FORM & EXECUTION By: Suesan Lea Pace, City Arty. REVIEWED FOR ADMINISTRATION By: Greg Illka, City Engineer STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 199_, by , the of HEAL THSYSTEMMINNESOT A, a Minnesota corporation, on behalf of the corporation. Notary Public 8T ATE OF MINNESOTA) ) 5S. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 199_, by Lydia Andren, and Frank Boyles, the Mayor and City Manager, respectively, of the CITY OF PRIOR LAKE, a Minnesota municipal corporation, on behalf of the corporation through the authority given by its City Councit_ Notary Public THIS INSTRUMENT WAS DRAFTED BY; Campbell, Knutson, Scott & Fuchs, P .A. ]380 Corporate C~.Dter Curve 317 Eagandale Office Center Eagan, MN 55121 48440 4 05/15/97 THU 16:03 FAX 612 452 5550 C K S & F 1tI 009 ,. PERMIT AGREEMENT FOR PRIVATE USE OF ,PUBLIC PROPERTY TIDS AGREEMENT is made and entered into this day of 1997, by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation (hereinafter referred (0 as "City"), and ' [husband and wife; a partnership; a corporation] (hereinafter referred to as "Owner"), RECITALS WHEREAS, Owner is the fee owner of a tract of land in Scott County, located at ' and legally described as follows: [LEGAL] (hereinafter referred to as "Owner's Property"); and WHEREAS, the City is the owner of property, legally described as follows: [LEGAL] and; WHEREAS, a portion of the serving Owner's Property encroaches on a portion of the property abutting Owner's property; as described on Exhibit A attached hereto (the encroached portion of the property hereinafter referred to as the "Pennit Property"); and -OR- WHEREAS, Owner wishes to use the Permit Property for ; and WHEREAS I Owners have requested the City to authorize continued use of the Permit Property for purposes; and WHEREAS, such continued use of the Permit Property is not inconsistent with current use of the property by the City and the public; and WHEREAS, me City may in the future desire to use the Permit Property for other purposes which are not consistent with Owners use of the Permit Property I and therefore the City intends to retain all of its right, title, and interest in the Permit Property; 46241 1 05/15/97 THU 16:04 FAX 612 452 5550 C K S & F JaJ 010 NOW, THEREFORE~ the parties agree as follows: 1. Permit. Owners shall be permitted to use the Permit Property for purposes at Owner's sole expense and risk~ and with full knowledge that the City may, upon notice as provided herein, require Owner's to be removed from the Permit Property at any future date, at Owner's sole expense. The Permit Property must be kept open to public use at all times, and no fence or other obstruction may be placed on the Permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 2. Maintenance of Permit Prooerty; Modification. Owner shall maintain the Permit Property in good condition at all times, at their sole cost and expense. If Owner fails to do so, the City may cause the necessary repair or maintenance to be done at Owner's cost. If Owner fails to pay the City for such costs, the City may assess the costs against Owner's Property. Owner shall not make any modifications (0 the or otheIWise modify the Permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 3. Termination. In the event the City desires to use the Permit Property for a purpose which is inconsistent with use by Owner, to be determined in the City's sole discretion, or in the event Owner fails to comply with any requirement of this Agreement within sixty (60) days after receiving a notice from the City requesting such compliance, the City through its City Manager may terminate this Permit Agreement by giving ninety (90) days written notice of termination to Owner by certified mail at the following address: . Such notice may, at the City's option, require Owner to completely remove the from the Permit Property within said ninety (90) day notice period, including all debris. If this Permit Agreement is terminated by the City as provided herein, Owner will be solely responsible for all costs and expenses related to construction of a which is located on Owner's Property, in accordance with all City Ordinances. If Owner fails to remove the as required by a proper notice of termination, the City may cause the removal to be done and the costs of such work: shall be paid by Owner. If Owner fails [0 pay the City for such costs, the City may assess the costs against the Owner's Property . 4. Consent to Special Assessment. Owner hereby acknOWledges and consents to the City's right to specially assess any costs incurred by the City for any repair or maintenance performed pursuant to Paragraph 2 of this Permit Agreement, or any costs incurred by the City to remove Owner's from the Permit Property pursuant to Paragraph 3 of this Permit Agreement. Owner waives any right to protest or appeal any special assessment levied pursuant to this Permit Agreement. 5. Future Develooment. Owner understands and acknowledges that the City may utilize the Permit Property at some future date and in the sole discretion of the City. In the '62" 2 05/15/97 THU 16:04 FAX 612 452 5550 C K S & F 1aJ0ll . event the City undertakes such development, and if this Permit Agreement is not terminated by the City as provided above, Owner agrees to cooperate with the City as necessary to facilitate City's use of the Permit Property, and the City agrees to use its best efforts to accommodate Owner's use of the Permit Property for the purposes stated herein. 6. Indemnitv. Owner shall defend, indemnify, and hold harmless the City and its employees. subcontractors, attorneys, agents, and representatives from and against all claims, damages, losses, costs and expenses, including attorney's fees, which may be incurred by or asserted against the City or for which the City may be held liable, which arise out of or result from use of the Permit Property for purposes, inclUding but not limited to the maintenance, repair or removal of Owner's , except liability caused solely by the negligence of the City. 7. Insurance. As long as this Permit Agreement is in existence, Owner shall maintain a general liability insurance policy which provides coverage for the Permit Property for any damage to property of others or injuries to persons. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than One Million dollars ($1,000.000), and shall include contractual liability coverage to provide coverage for the indemnification provision in Paragraph 6 above. Said policy shall name the City as an additional insured, and shall contain a clause which provides that the insurer will not cancel, non~renew, or materially change the policy without first giving the City thirty (30) days prior written notice. Owner shall provide the City with a Certificate of Insurance for said policy which specifically details the conditions of this Paragraph 6. 8. Waiver of Claims. Owner acknowledges City's ownership of the Permit Property and knowingly waives any and all claims against the City related to Owner's use of the Permit Property, including but not limited to claims of abandonment and contractual claims arising out of this Permit Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. 9. Condition of Property. Owner accepts the Permit Property "as is" and the City makes no warranties regarding the conditions of the Permit Property or the suitability of the Permit Property for Owner's purposes. 10. Binding Effect. This Permit Agreement shall ron with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, successors, or assigns. 11. Whole AlZreement: Modification. This Permit Agreement contains all of the terms and conditions relating to the permit granted herein, and replaces any oral agreements or other negotiations between the parties relating to the permit. No modifications to this Permit Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 12. Office of the Recordation. Owner shall cause this Permit Agreement to be recorded in the County Recorder at their cost and expense. 46241 3 05/15/97 THU 16:05 FAX 612 452 5550 C K S & F IaI 012 'IN WITNESS WHEREOF, the parties have executed this Permit Agreement as of the date first above written. CITY OF PRIOR LAKE OWNER(S) By: Lydia Andren, Mayor By: Frank Boyles, City Manager STATE OF MINNESOTA ) )S8. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19_, by Lydia Andren and Frank Boyles, the Mayor and City Manager respectively of the City of Prior Lake, on behalf of the City of Prior Lake through authority granted by its City Council. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF ) acknowledged before me this and , respectively of day of , the The foregoing instrument was 19_, by and on behalf of the [corporation/partnership]. Notary Public This Instrument Drafted By: Campbell, Knutson, Scott & Fuchs. P.A. 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 (612) 452-5000 46241 4 MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: CITY COUNCIL AGENDA REPORT MAY 18,1997 51 JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF RESOLUTION 98-XX APPROVING AN AMENDMENT TO THE PRELIMINARY AGREEMENT FOR DEVELOPMENT CONTRACT FOR THE PARKNICOLLET CLINIC Historv: On May 19, 1997, HealthSystems Minnesota and the City of Prior Lake entered into a short form development contract for the Park Nicollet clinic located just off of Highway 13 and Franklin Trail, between Velishek Auto Sales and the Hollywood Bar and Grill. The short form contract provided for the construction of public improvements to serve both parcels of land owned by HealthSystems Minnesota rather than those required for just the clinic building. Current Circumstances: When registering the title to this property, the owners discovered a discrepancy in the legal description. To resolve this discrepancy, the owners initiated the Torrens Land Registration proceeding. As a result of this proceeding, a new legal description was developed. Conclusion: The purpose of the amended contract is to replace the legal description in the original contract with a new legal description developed as part of the Torrens Land Registration Proceeding. The proposed amendment does not change the original provisions or terms of the contract. It merely serves to correct the legal description. Any substantive changes to the original terms of the contract will require a further amendment. There is no fiscal impact to the City as a result of this amendment. The City Council has three alternatives: 1. Adopt Resolution 98-XX approving the Amended Developer's Contract. Authorize the Mayor and the City Manager to execute this agreement. 2. Deny Resolution 98-XX. 3. Defer this item and provide staff with specific direction. Motion and second as part the consent agenda to adopt Resolution 98-XX. 162do'\9tfilt<s\91site~1\narknil<.\5-18wt:doc agle Creek Ave. ::'.E., Pnor Lake, Page 1 nesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 98-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE AMENDMENT TO THE PRELIMINARY AGREEMENT FOR DEVELOPMENT CONTRACT FOR THE PARK-NICOLLET CLINIC MOTION BY: SECOND BY: WHEREAS: The City of Prior Lake and HealthSystems Minnesota entered into a Preliminary Agreement for Development Contract on May 19, 1997; and WHEREAS: the legal description included in the Preliminary Agreement for Development Contract has been revised through the Torrens Land Registration Proceeding; and WHEREAS: the Amendment to Preliminary Development Contract corrects the legal description. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, authorizes the Mayor and the City Manager to sign the Amendment to the Preliminary Agreement for Development Contract with HealthSystems, Minnesota. Passed and adopted this 18th day of May, 1998. MADER MADER KEDROWSKI KEDROWSKI PETERSEN PETERSEN SCHENCK SCHENCK WUELLNER WUELLNER YES NO Frank Boyles, City Manager City of Prior Lake {Seal} 1: \97 fIles\97 si tep 1\parknic\rs9 8xX,Cc.doc 16200 Eagle Creek AOe. ::'.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER , . AMENDMENT TO PRELThflNARYAGREEMENTFOR DEVELOPMENT CONTRACT This Agreement is entered into this day of , 1998 by and between the City of Prior Lake, a municipal corporation (hereinafter referred to as "CITY"), and HeaIthSystem Minnesota, a Minnesota nonprofit corporation (hereinafter referred to as "DEVELOPER"). RECITALS A. The City and Developer have previously entered into an Agreement dated May 19, 1997, entitled "Preliminary Agreement for Development Contract" ("the Agreement"). B. Developer and the City desire to amend the Agreement. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. The Agreement shall remain in full force and effective except as specifically modified by this Amendment. 2. "Exhibit A" to the agreement is amended by substituting new "Exhibit A" as attached hereto. IN WITNESS WHEREOF, this Amendment has been executed on the day and year first above written. DEveLOPER: HEAL THSYSTEM MINNESOTA ~~='~~ CITY OF PRIOR LAKE By: Wesley M. Mader, Mayor By: Frank Boyles, City Manager 60240 APPROVED FOR FORM & EXECUTION By: Suesan Lea Pace, City Attorney REVIEWED FOR ADMINISTRATION By: Greg Illka, City Engineer STATE OF MINNESOTA ) . )-5s. COUNTY OF IJu~G The f~ing instrum~~~as acknowledged before me this $0 day of ~<.- 1991, by u tV. '-A11tzA;l1e ~ v: P of HEALTHSYSTEM MINNESOT '. a M~, on behalf of the corporation. . ~ .~ARSHA w. BALLARD \ lA1 A _ _ _ A //1 ~ . ~1l1 NOTARYPUBUC-MINNESOTA /1/l..fJ.A4!A..tL tV. ~\~~i HENNEPIN COUNTY . 5. ~ ", "",mo,'" e..... "" ", '''''''-. Notary PublIc ~, '.-y"'''''':':':-~:.;.^~ ~"""'/"J~~VT"''''.'''-'- STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 199_, by Wesley M. Mader, and Frank Boyles, the Mayor and City Manager, respectively, of the CITY OF PRIOR LAKE, a Minnesota municipal corporation, on behalf of the corporation through the authority given by its City Council. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association 1380 Corporate Center Curve 317 Eagandale Office Center Eagan, MN 55121 60240 2 04122/98 WED 10:53 FAX 6123407800 . DO~S~Y WHI~~Y 4tJ004 EXHIBIT A LEGAL DESCRIPTION That part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at a point on the east line of said West Half of the Southeast Quarter distant 1677.13 feet north of the southeast corner thereof (said east line to bear North 0 degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to the Ea.st line of the West Half as monumented by the plat of Prior South being the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17 seconds West a distance of 700.00 feet to the intersection with a line drawn at right angles to said east line of the West Half of the Southeast Quarter from a point on said east line distant 700.00 feet southerly of the point of commencement; thence North 89 degrees 12 minutest 57 seconds West a distance of 700.00 feetj thence North 0 degrees 37 minutes 17 seconds East a distance of 695.83 feet to the southeasterly right-of- way of Highway No. 13; thence northeasterly a distance of 6.68 feet along said right-of-way to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of beginningj thence South 89 degrees 12 minutes 57 seconds East a distance of 694.77 feet to the point of beginning. Together with that part of said West Half of the Southeast Quarter of Section 2 described as follows: Commencing at a point on the east line of said West Half of the Southeast Quarter, distant 1677.13 feet north of the southeast corner thereof (said east line to bear North 0 degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to the East line of the West Half as monumented by the plat of Prior South being a line which bears North 0 degrees 37 minutes 17 seconds East from the southeast comer of said West Half of the Southeast QUarter; thence North 0 degrees 37 minutes 17 seconds East a distance of 263.95 feet, more or less, to the Southerly right-of-way line of County Road 39 as monumented (Franklin Trail); thence westerly along the said Southerly right- of-way line a distance of 150.00 feet to the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17 seconds West a distance of 256.44 feet to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 61.25 feet to the intersection with a line 215.84 feet westerly, as measured at right angles, of said east line of the West Half of the Southeast Quarter; thence North 0 degrees 47 minutes 03 seconds East parallel with said east line a distance of 253.41 feet to the intersection with said Southerly right-oi-way line of County Road No. 39 as monumented (Franklin Trail); thence easterly along said parallel line a distance of 60.57 feet to the point of beginning. 0~/22/98 WED 10:53 FAX 6123407800 . DORSEY WHITNEY 141 005 PARCEL A: That part of the West Half of the Sautheost Quarter of Section 2. Tawnship 114. Range 22. Scott County. Minnesota, described as follows: Commencing ot a point on the east line of soid West Half of the Southeast Quarter, distant 1677.13 feet north of the southeast corner thereof (said eost line to bear Narth o degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West 0 distance of 4.78 feet; thence South 0 degrees 37 minutes 17 seconds West 0 distonce of 700.00 feet to the in tersection with 0 line drown ot right ongle to said east line of the West Half of the Southeost Quarter from 0 point On soid east line distant 700.00 feet southerly of the point of commencement; thence North 89 degrees 12 minutes 57 seconds West 0 distance of 700.00 feet; thence North 0 degrees 37 minutes 17 seconds Ecst 0 distonce of 239.96 feet to the point of beginning of the land to be described; thence South 89 degrees 12 minutes 57 seconds East 0 distance of 168.25 feet: thence North 51 degrees 47 minutes 24 seconds East a distance of 413.25 feet; thence North 0 degrees 47 minutes 03 seconds Ecst 0 distance of 200.00 feet to the intersection with 0 line thot beors North 89 degrees 12 minutes 57 seconds West from the point of commencement; thence North 89 degrees 12 minutes 57 seconds West 0 distance of 485.51 feet to the southeasterly right-of-way of Highway No. 13; thence Southwesterly a distance of 6.68 feet along said right-of-way to the in tersection with 0 line that bears North 0 degrees 37 minu tes 17 seconds East from the point of beginning; thence South 0 degrees 37 minutes 17 seconds West a distance of 455.87 feet to the point of beginning. . 04/22/98 WED 10:54 FAX 6123407800 , .DQR~EY WHITNEY l{l] 006 PARCEL B: That port of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22. Scott County, Minnesota, described os follows: Commencing at 0 point on the eo;;t line of said West Half of the Southeast Quarter, distan t 1677.13 feet north of the southeast corner thereof (said east line to beor North o degrees 47 minutes 03 seconds Ecst for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17 seconds West a distance of 700.00 feet to the intersection with 0 line drawn at right angle to said eost line of the West Holf of the Southeost Quorter from a point on said eost line: distant 700.00 feet southerly of the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 700.00 feet; thence North 0 degrees 37 minutes 17 seconds East a distonce of 239.96 feet; thence South 89 degrees 12 minutes 57 seconds East a distonce of 168.25 feet; Thence North 51 degrees 47 minutes 24 seconds East a distance of 41.'3.25 feet; thence North 0 degrees 47 minu tes 03 seconds East a distance of 200.00 feet to the in tersection with 0 line that bears North 89 degrees 12 minutes 57 seconds West from the point of beginning; thence South 89 degrees 12 minutes 57 seconds East 0 distance of 209.26 feet to the point of beginning. Together with that port of said West Half of the Southeast Quarter of Section 2 described os follows: Commencing at a point on the ecst line of said West Half of the Southeast Quarter, distant 1677.13 feet north of the sou theast corner thereof (said east line to bear North o degrees 47 minutes 0.3 seconds Ecst for purpases of this description): thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to a line which bears North 0 degrees 37 minutes 17 seconds Ecst from the southeast corner of soid West Half of the Southeast Quarter: thence North 0 degrees 37 minutes 17 seconds East a distonce of 26.3.95 feet. more or less, to the southerly right-of-way line of County Rood No. 39 (Fronklin Trail); thence westerly along said southerly right-of-way line 0 distance of 150.00 feet to the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17 seconds West 0 distance .of. 256.44 feet to the intersection with 0 line that beers North 89 degrees 12 minutes 57 seconds West from the point of commencement; thence North 89 degrees 12 minuteS 57 seconds West Cl distance of 61.25 feet to the intersection with 0 line 215.84 feet westerly, os measured at right engles. of said east line of the West Half of the Southeast Quorter: thence North 0 degrees 4 7 minu~es 03 seconds East parellel with said east line a distance of 253.41 feet to the intersection with said southerly right-of-way line of County Rood No. 39 (Franklin Trail): thence easterly clang said southerly right-of-way line 0 distance of 60.57 feet to the point of beginning. RESOLUTION 98-63 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE AMENDMENTTOTHEPREL~ARYAGREEMENTFORDEVELOPMENT CONTRACT FOR THE PARK-NICOLLET CLINIC MOTION BY: KEDROWSKI SECOND BY: SCHENCK WHEREAS: The City of Prior Lake and HealthSystems Minnesota entered into a Preliminary Agreement for Development Contract on May 19, 1997; and WHEREAS: the legal description included in the Preliminary Agreement for Development Contract has been revised through the Torrens Land Registration Proceeding; and WHEREAS: the Amendment to Preliminary Development Contract corrects the legal description. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, authorizes the Mayor and the City Manager to sign the Amendment to the Preliminary Agreement for Development Contract with Hea1thSystems, Minnesota. Passed and adopted this 18th day of May, 1998. YES MADER X KEDROWSKI X PETERSEN X SCHENCK X WUELLNER X NO {Seal} 16200 ~~l~uElk~yt~t~k\p~~~?i~?L~~~~ Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Miscellaneous L:\TEMPLA TE\FILEINFO.DOC -- - r)~~ ;J~cJ1d, r CAMPBELL KNUTS * * * '--.-- Professional Association Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. Scott James R. Walston Elliott B. Knersch Suesan Lea Pace (612) 452-5000 Fax (612) 452-5550 Writer's Extension: 232 Writer's Fax: 452-5550 * Also lict..'7El'd in \'C, \1 , " July 9, 1997 o/e.,,, , Gary G. Fuel.. District Court Administrator Scott County Courthouse 427 South Holmes Shakopee, MN 55379 Re: In the Matter of the Application of HealthSystem Minnesota, a Minnesota non-profit corporation, To Register Title to Certain Land Court File No. 96-07282 Our File No. 3693/104 Dear Court Administrator: Lake. Enclosed for filing is the Informational Statement of Defendant City of Prior Very truly yours, CAMPBELL KNUTSON Professional Associati Matthew K. ok! Assistant City Attorney City of Prior Lake By: MKB:kmh cc: Mr. Frank Boyles Mr. James E. Schmeckpeper Suite 317 · Eagandale Otfice Cenrcr · 1380 Curr()rdte Center Curve · Eagan, MN 55121 51494 STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT CASE TYPE: 14/0THER CIVIL -------------------------------------------------------- In the Matter of the Application of Court File No. 96-07282 HealthSystem Minnesota, a Minnesota non-profit corporation, INFORMATIONAL STATEMENT OF DEFENDANT CITY OF PRIOR LAKE To Register Title to Certain Land, Applicant. -------------------------------------------------------- 1. All parties (have) (have not) been served with process. 2. All parties have (not) joined in the filing of this form. 3. Brief description of the case: Plaintiff seeks to register title to property. The title of the property is subject to certain defects and irregularities in favor of third parties including the defendants. 4. It is estimated that the discovery specified below can be completed within 6 months from the date of this form. (Check all that apply, and supply estimates where indicated.) a. Factual Depositions b. Medical Evaluations c. Experts Subject to Discovery No Yes L, estimated no.: l No L Yes _, estimated no.: _ No Yes L, estimated no.: ..l... 5. Assignment as an _ expedited ~ standard _ complex case is requested. (If not standard case assignment, include brief statement setting forth the reasons for the request.) 51512 6. The dates and deadlines specified below are suggested. a. 11-1-97 - Deadline for joining additional parties, whether by amendment or third party practice. b. 1-1-98 - Deadline for bringing non-dispositive motions .- c. 5-1-98 - Deadline for bringing dispositive motions. d. NA - Deadline for submitting to the Court. (specify issue) e. NA - Deadline for completing independent physical examination pursuant to Minn. R. Civ. P. 35. f. 5-1-98 - Date for formal discovery conference pursuant to Minn. R. Civ. P. 26.06. g. 5-1-98 - Date for Pre-trial Conference pursuant to Minn. R. Civ. P. 16. h. 10-1-97 - Date for scheduling conference. i. 4-1-98 - Date for submission of a Joint Statement of the Case pursuant to Minn. Gen. R. Prac. 112. j. 5-15-98 - Trial date. k. 5-1-98 - Deadline for filing (proposed instructions), (verdicts), (findings of fact), (witness list), (exhibit list). 1. - Deadline for 7. Estimated trial time: 2 days / / hours (estimates less than a day must be stated in hours). 8. A jury trial is: 51512 2 51512 -L Waived by consent of Defendant Prior Lake pursuant to Minn. R. Civ. P. 38.02 Requested by (specify party) (NOTE: Applicable fee must be enclosed.) 9. Meeting: Counsel for the parties met on management issues. a. to discuss case (Date) b. ADR PROCESS (choose one): -L Counsel MA Y agree that ADR is appropriate and choose the following: -L Mediation Arbitration (non-binding) Arbitration (binding) Med-Arb Early Neutral Evaluation Moderated Settlement Conference Mini-Trial Summary Jury Trial Consensual Special Magistrate Impartial Fact-Finder Other (describe) Counsel agree that ADR is appropriate but request that the Court select the process. Counsel agree that ADR is NOT appropriate because: the case implicates the federal or state constitution. other (explain with particularity) domestic violence has occurred between the parties. c. PROVIDER (choose one): _ The parties have selected the following ADR neutral: The parties cannot agree on an ADR neutral and request the Court to appoint one 3 _ The parties agreed to select an ADR neutral on or before 10. Please list any additional information which might be helpful to the Court when scheduling this matter. Dated: July 9, 1997. CAMPBELL KNUTSON Professional Association By: Sues an Lea Pace, #199345 James R. Walston, #170525 Matthew K. Brokl, #218558 Attorneys for Defendant City of Prior Lake 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452-5000 51512 4 I ,.,.. J f,,j. ? .. STATE OF MINNESOTA COUNTY OF SCOTT DISTRICT COURT FIRST JUDICIAL DISTRICT No. 9607282 In The Matter of the Application of HealthSystem Minnesota, a Minnesota non-profit corporation to register the title to certain land. FILED JAN 0 8 1998 A SCOTT COUNTY OOURTS ORDER The above-captioned action came on for hearing before the undersigned Judge of Scott County District Court, on January 8, 1998, pursuant to Petitioner's Motion to Amend its Application. James E. Schmeckpeper, Esq. appeared on behalf of Petitioner, and --.lJ 0 OYJL appeared on behalf of re6rll~1~ Upon all the files, records and proceedings herein, including the arguments of counsel: IT IS HEREBY ORDERED, that Petitioner's motion to amend the Application is hereby granted(L__ _ u D~ed: ~ ) .1998. IL District Court Judge ~ PRELIMINARY AGREEMENT FOR DEVELOPMENT CONTRACT This Agreement is entered into this J.Efu day of~, 1997 by and between the City of Prior Lake, a municipal corporation (hereinafter referred to as "CITY"), and HealthSystem Minnesota, a Minnesota nonprofit corporation (hereinafter referred to as "DEVELOPER"). WHEREAS, DEVELOPER is claiming the ownership of certain property located in the City of Prior Lake, Minnesota, legally described and depicted on the attached Exhibit A, (hereinafter referred to as "PARCEL A"); and WHEREAS, PARCEL A is adjacent and contiguous to certain property owned by DEVELOPER located in the City of Prior Lake, Minnesota, legally described and depicted on the attached Exhibit A, (hereinafter referred to as "PARCEL B"); and WHEREAS, DEVELOPER wishes to proceed to develop PARCEL A at the present time; and WHEREAS, platting PARCEL A and PARCEL B would delay DEVELOPER'S present plans to develop PARCEL A; and WHEREAS, CITY and DEVELOPER wish to cooperate in order not to delay or impede the development of PARCEL A, while at the same time maintaining the greatest degree of flexibility in the event PARCEL B is developed at a later time; and WHEREAS, DEVELOPER desires to avoid duplicated expenditures connected with the development of PARCEL A and future development of PARCEL B. NOW, THEREFORE, be it resolved that in consideration of the mutual promises, assurances and covenants, the sufficiency of which is not disputed that: 1. The recitals set forth above are incorporated as if fully set forth herein. 2. The DEVELOPER or its Consulting Engineer shall be responsible for providing all construction services inclluding, but not limited to: (b) (c) (d) Inspection of public improvement systems within the easement areas described in Exhibit B attached hereto and made a part hereof, which include grading, sanitary sewer, watermain, storm sewer/ponding and street system; Documentation of construction work and all testing of improvements; Construction quantities; Project Testing: The DEVELOPER is responsible through its testing company, at the DEVELOPER's cost, to provide sufficient testing to enable the DEVELOPER's consulting engineer to certify that the public improvements constructed within the easement areas described in the attached Exhibit B were completed in compliance with (a) 48440 1 the applicable approved final plans and/or current City specifications. The personnel performing the testing shall be certified by the Minnesota Department of Transportation. The City Engineer may require additional testing if, in his opinion, adequate testing is not being performed. The cost of additional testing is to be paid by the DEVELOPER; (e) All improvements are subject to approval by the City Engineer. 3. When PARCEL A is developed, DEVELOPER will construct a 9-ton road in the area cross- hatched on the attached Exhibit A with curb, gutter, sanitary sewer, watermain and storm sewer from Franklin Road to the clinic driveway. The CITY will reimburse DEVELOPER (a) for the cost difference to oversize the road from a 7 -ton capacity to a 9-ton capacity, and (b) for the cost difference to oversize utility service from the utility service necessary to serve Parcel B at the time Parcel B is developed. 4. When Parcel B is developed, the CITY agrees to reimburse DEVELOPER the cost to oversize the road, sanitary sewer, storm sewer and water serving Parcel B. 5. The DEVELOPER will convey and the CITY will accept a drainage easement for a storm water retention pond and several utility and drainage easements the location of which is legally described on the attached and made a part hereof as Exhibit B. 6. Upon conveyance by the DEVELOPER of the easement areas legally described in Exhibit B, the CITY will be responsible for any future repair, maintenance and, if necessary, replacement of the pipes, conduits and other public improvements constructed in these easement areas. 7. The CITY will defer collection of its trunk sewer and water fees for PARCEL A until development of PARCEL B or until January 1, 2002, whichever occurs first. The amount of fees to be collected will be based on the rate of the trunk sewer and water fee at the time PARCEL B is developed. The fees will be calculated on Parcels A and B, less any right-of-way dedicated to the CITY. 8. DEVELOPER agrees to plat PARCELS A and B as one plat prior to, or at the time of any development of PARCEL B. 9. CITY agrees to calculate all applicable area charges and fees, with the exception of trunk sewer and water, based solely on the acreage of PARCEL B. 10. The DEVELOPER intends to construct in the general area shown on the attached Exhibit A, which location is subject to CITY approval, one (1) illuminated identification and directional sign and to install all necessary utilities to serve said sign. Upon the granting or dedicating to the CITY of an easement for public street purposes in, over, under and across the area where such sign and the utilities serving same are located, the CITY agrees, subject to negotiation of a separate "Permit Agreement for the Private Use of Public Property", in substantially the form . of Exhibit C attached hereto and made a part hereof, to permit the DEVELOPER to continue use of the area where the sign and the utilities servicing the same are located and such additional areas necessary to service, repair, maintain, replace or reconstruct such sign and utilities. Except for the location of the identification and directional sign, the sign must in all other respects comply with the CITY's sign ordinance in effect at the time DEVELOPER applies for 48440 2 a signed permit. 11. The CITY will permit the DEVELOPER to name the 9-ton road referenced in paragraph 3 of this Agreement. 12. This Agreement will become null and void at the time a final plat encompassing PARCEL A and PARCEL B is approved by the City Council. 13. Any amendment to the Agreement must be in writing, and authorized by the City Council. 14. 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. 15. This Agreement shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER: HEALTHSYSTEMM~SOTA CITY OF PRIOR LAKE BY'~ Its:' ~ \1.... ...::;:t- ., 48440 3 APPROVED FOR FORM & EXECUTION By: ~tu-Iau, Suesan Lea Pace, City Attorney REVIEWED FOR ADMINISTRATION By: ~~ /Jz - 2fl"~ Greg 1 , ity Engineer STATE OF MINNESOTA ) .J. iL " 'j" ~ 2,;,s. COUNTY O~I'L e oing instrument was acknowledged before me this jJ_.'t;.y of fJ/ /II J~ , 199 7, by , the ~ \J.P. ofHEALTHSYSTE~OTA, a Mi esola orporation, on behalf of the corpora~~ 0' ~~ Notary Publl~M^M^MM^^. \8 MARSHA W. BALLARD , ~ NOTARY PUBUC - MINNESOTA I;N. HENNEPIN COUNTY ~ly Commission Expires Jan. 31, 2000 ....,~ft^rt~I'\^"'~'C STATE OF MINNESOTA ) ) ss. ) COUNTY OF '- cJ;[t(J The foregoing instrument was acknowledged before me this6(l9 day Of~ ,199?!J by Lydia Andren, and Frank Boyles, the Mayor and City Manager, respectively, 0 he CITY OF PRIOR LAKE, a Minnesota municipal corporation, on behalf of the corporation through the authority given by its City Council. fJi)tM(lii" Notary Public THIS INSTRUMENT WAS DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P .A. 1380 Corporate Center Curve 317 Eagandale Office Center Eagan,.MN 55121 :t'"'~'-:.'~i \'~'~~N NO-;-!.' . -._. ',_\~~SO ,.~~;~ /I.~v C.:' .-...", --- - . . , ~. 48440 4 Land Surveyors Planners EXHIBIT A Valley Surveying Co., P. A. (612) 447-2570 May 19, 1997 Suite 120C 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 DESCRIP.rION PARCEL A: That part of the West Half of the Southeast Quarter of Section 2, TCMlShip 114, Range 22, Scott County, Minnesota, described as fol1Q\/s: Canmencing at the southeast corner of said West Half of the Southeast Quarter; thence North 00 degrees 05 minutes 00 seconds West (assumed bearing) along the east line of said West Half of the Southeast Quarter a distance of 1677.13 feet; thence South 89 degrees 55 minutes 00 seconds West a distance of 214.04 feet to the point of beginning of the land to be described; thence South 00 degrees 05 minutes 00 s~ds East a distance of 200.00 feet; thence South 50 degrees 55 minutes 21 seconds West a distance of 413.25 feet; thence South 89 degrees 55 minutes 00 seconds West a distance of 160.00 feet to the west line of the east 700.00 feet of said West Half of the Southeast Quarter; thence North 00 degrees 05 minutes 00 seconds West along saia vest line a distance of 460.00 feet to the southeasterly right-of-w.y line of State Tl:unk. Highway No. 13; thence northeasterly along said right-of-way line a aistance of 0.05 feet to the intersection with a line drawn South 89 degrees 55 minutes 00 seconds West from the point of beg inning; thence North 89 degrees 55 minutes 00 seconds East a distance of 481.14 feet to the point of beginning. Containing 4.123 acres I hereby certify that this description was prepared by me and that I am a dilly licensed Land Surveyor und~ la"#,,~y.~e of Minnesota. ~~4~~ l<onald A. St./anson, Land Surveyor Minnesota Registcation No. 10183 Dated this 19th day of May,1997 file no. 8421 Land Surveyors Planners EXHIBIT A Valley Surveying Co., P. A. (612) 447-2570 May 19,1997 Suite 120C '6670 Franklin Trail S.E. Prior Lake, Minnesota 55372 DESCRIPTION FOR PARCEL B: That part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Corrmencing at the southeast corner of said West Half of the Southeast Quarter: thence North 00 degrees 05 minutes 00 seconds West (assumeO bearing) along the east line of said West Half of the Southeast Quarter a distance of 1677.13 feet: thence South 89 degrees 55 minutes 00 seconds West a distance of 4.78 feet to the fOint of be:1inning of the land to be described: thence continuing South 89 degrees 55 minutes 00 seconds West a distance of 209.26 feet; thence South 00 degrees 05 minutes 00 seconds East a distance of 200.00 feet; thence South 50 degrees 55 minutes 21 seconds West a distance of 413 _ 25 feet; thence South 89 degrees 55 minutes 00 seconds West a distance of 160.00 feet to the west line of the east 700.00 feet of said West Half of the Southeast Quarter: thence South 00 degrees 05 minutes 00 seconds East along said west line a distance of 239.97 feet to the intersection uith a line crawn South 89 degrees 55 minutes 00 seconds West from a point on the east. line of said West Half of the Southeast Quarter distant 977.13 feet north of the southeast corner: thence North 89 degrees 55 minutes 00 seconds East along said line a distimce of 697.21 feet; thence North 00 degrees 14 minutes 48 seconds West a distance of 700 feet more or less to the point .of beginning. To:;ethel:" with that. part of said West Half of the Southeast Quarter described as follows: Commencing at the southeast corner of said West Half of the Southeast Q.1arter; thence North 00 degrees 04 minutes 48 seconds East (assumed bearing) along the east line of said West Half of the Southeast Quarter a distance of 1677.36 feet to a point hereinafter referred to as point "B": thence continuing North 00 degrees 04 minutes 48 seconds East along said east line a dist.ance of 263.64 feet to the intersection \lith a line dravn p3.rallel uith ana distant 33.00 feet southel:"ly (as measurec at right angles) of the centerline of County Road No. 39 (Franklin Trail): thence South 87 degrees 16 minutes 00 seconds West along said parallel line a distance of 5.51 feet mol:"e 01:" less to the intersection ~ith a line dra~ North 00 degrees 05 minutes 00 seconds West from the southeast cO!:"ner of said West Half of the Southeast Quarter: thence continuing South 87 degrees 16 minutes 00 seconds West alongsaic parallel line a distance of 150.00 feet to the point of beginning of the land to be described: thence continuing South 87 continued EXHIBIT A SHEET 2, OF PARCEL B: degrees 16 minutes 00 seconds West a distance of 60.56 feet more or less to the intersection with a line drawn parallel with and distant 215.84 feet westerly as measured at right angles to said east line; thence South 00 degrees 04 minutes 48 seconds West parallel \lith said east line a distance of 253.64 feet to the intersection with a line drawn South 89 degrees 55 minutes 00 seconds West from the above referenced point "B"; thence North 89 degrees 55 minutes 00 seconds East along said line a distance of 61.12 feet to the intersection with a line dra1Jl'1 SOuth 00 degrees 05 minutes 00 seconds East fran the point of beginning: thence North 00 degrees 05 minutes 00 seconds West a distance of 256.44 feet to the point of beginning. All of the above containing 11.605 acres. wanson, Lan Registration No. file no. 8030XX TOmL F'. [I") Land Surveyors Planners EXHIBIT B Valley Surveying Co., P. A. (612) 447-2570 Suite 120C 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 May 19, 1997 Re: Utility and drainage easements to be deeded to the city of Prior Lake: DESCRIPTION: An easement to construct, operate, maintain and repair public utility and drainage systems over, under and across that part of the West Half of the Southeast Quarter of section 2, TOIJrlship 114, Range 22, Scott County, Mi.nnesota, described as follows: A strip of land 40.00 feet in width the centerline of which is described as follo\Js: Commencing at the southeast corner of said West Half of the Southeast Quarter; thence North 00 de<3rees 04 minutes 48 seconds East (assumed bearing) along the east line of said West Half of the Southeast Quarter a distance of 1542.28 feet; thence South 89 degrees OS minutes 00 seconds West a distance of 187.24 feet to the point of beginning of the centerline to be described; thence North 00 degrees 05 minutes 00 seconds West a distance of 45.00 feet to a point hereinafter referred to as point. "A"; thence continuing North 00 degrees 05 minutes 00 seconds West a distance of 345.00 feet more or less to the southerly right-of-way line of County Road No. 39 (Franklin Trail) and there terminating. Together with a strip of land 20.00 feet in width the centerline of which is described as follows: Be<3inning at the above referenced point "AII; thence North 89 degrees SS minutes 12 seconds West a distance of 202.00 feet and there terminating. I hereby certify that this easement description ....as prepared by me or under my airect supervision and I Surveyor under the ona1d A. Minnesota Dated this S....anson, Land Registration No. 19th day of May, file no. 8421 Land SUrv6YO~ Planners EXHIBIT B Valley Surveying Co., P. A. (612). 447-2570 April 10, 1997 SuIte 120C 16670 Franklin Trail S.E. PrIor Lake, MInnesota 55372 Re: Utility and drainage easements to be deeded to the City of Prior Lake; DESCRIPrION : An easement to construct, operate, maintain and repair public utility and "drainage systems over,. under and across that part of the We~t Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: A strip of land 20.00 feet in width the centerline of ..mich is described as follO>.'s: Commencing at the '.in:tersection of the \lest line of the east 700.00 feet of said West Half of the Southeast Quarter, vith the southeasterly right-oe-~ay line of State Trunk'High~ay No.' 13; thence South 00 degrees 05 minutes 00 seconds East (assumed bearing) along said vest line a distance of 436.00 feet; thence North 50 degrees 51' minutes 04 seconds East a distance .of 121.33 feet to the ~inl: of beginning of the centerline to be described; thence continuing North 50 degrees 57 minutes 04 Seconds East a distance of .341.00 feet and there terminating. Together with .that part of said West Half of the sOutheast Quarter described as follOW'.s: Beginning at the above described pqint of commencement; thence southerly along said ~st line of the east 700.00 feet a distance of 285.00 feet: thence easterly at right angles a distance of 2S.oo feet; thence northerly at right angles a distance of 96.00 feet; thence easterly at right angles a distance of 23.00 feet: thence northerly at right angles. a distance of 31.00 feet: thence westerly at right angles a distance of 23.00 feet; thence northerly at right angles a distance of 158.03 feet; thence .westerly at right angles to the southeasterly right-of-way line of said State Trunk Highway.No. 13; thence southwesterly along said right-of-way line to the point of. beginning. I he~epy certify that this easement description was pr~pared py me or under my direct supervision and I am a duly li,censed Land Surveyor under the the Sta 0 Minnesota. On . A~ Swanson, Land Surveyo Minnesota Registration No. 10183 Dated this 10~ day of April,1997 file no. 8421 Land Surveyors Planners EXHIBIT B Valley Surveying Co., P. A. (612) 447-2570 April 10, 1997 Sulto 120C 18670 Franklin Trail s.e. Prior Lake. Minnesota 55372 Re: drainage easement to be deeded to the City of Prior: Lake: DESCRIPTION: An easement to construct, operate, maintain and repair public utility and drainage system over, under "and a~oss that pa.rt of the West Half of the Southeast <;Uarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Ccmnencing at the intersection of the west line of the east 706.00 feet of said West Half of the Southeast Quarter, with the southeasterly right~f-way line of State Trunk: Highway No. 13; thence South 00 degrees 05 minutes 00 seconds East (assumed bearing) along said \lest line a distance of 260.00 feet to the point of beginning of the easement to' be described: thence continuing South 00 degrees 05 minutes 00 seconds East a distance of 203.00 feet: thence North 89 degrees 55 minutes 00 seconds East a distance of 164.00 feet: thence North 21 degrees 24 minutes i4 seconds East a distance of 46 _ 89 feet: thence North 39 degrees 02 minutes 56 seconds West a distance of 204.97 feet: thence South 89 degrees 55 minutes 00 seconds West a distance of 52.28 feet to the point of beginning~ I he~e~ certify that this easement description ~as pr:epared" by me or under my direct supervision and that I am a duly licensed Land Surveyor under: the 1?~d2::: Ronald A. Sw?nson, L~nd Surveyor Minnesota Registration No. 10183 Dated thi3 10th day of April,1997 file no. 8421 EXHIBIT C PERMIT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY THIS AGREEMENT is made and entered into this day of 1997, by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation (hereinafter referred to as "City"), and , [husband and wife; a partnership; a corporation] (hereinafter referred to as "Owner"). RECIT ALS WHEREAS, Owner is the fee owner of a tract of land in Scott County, located at ' and legally described as follows: [LEGAL] (hereinafter referred to as "Owner's Property"); and WHEREAS, the City is the owner of property, legally described as follows: [LEGAL] and; WHEREAS, a portion of the serving Owner's Property encroaches on a portion of the property abutting Owner's property, as described on Exhibit A attached hereto (the encroached portion of the property hereinafter referred to as the "Permit Property"); and -OR- WHEREAS, Owner wishes to use the Permit Property for ; and WHEREAS, Owners have requested the City to authorize continued use of the Permit Property for purposes; and . WHEREAS, such continued use of the Permit Property is not inconsistent with current use of the property by the City and the public; and or WHEREAS, the. City may in the future desire to use the Permit Property for other purposes which are not consistent with Owners use of the Permit Property, and therefore the City intends to retain all of its right, title, and interest in the Permit Property; 46241 1 NOW, THEREFORE, the parties agree as follows: 1. Permit. Owners shall be permitted to use the Permit Property for purposes at Owner's sole expense and risk, and with full knowledge that the City may, upon notice as provided herein, require Owner's to be removed from the Permit Property at any future date, at Owner's sole expense. The Permit Property must be kept open to public use at all times, and no fence or other obstruction may be placed on the Permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 2. Maintenance of Permit Propertv: Modification. Owner shall maintain the Permit Property in good condition at all times, at their sole cost and expense. If Owner fails to do so, the City may cause the necessary repair or maintenance to be done at Owner's cost. If Owner fails to pay the City for such costs, the City may assess the costs against Owner's Property. Owner shall not make any modifications to the or otherwise modify the Permit Property without the prior written approval of the City, which may be given or . withheld in the sole discretion of the City. 3. Termination. In the event the City desires to use the Permit Property for a purpose which is inconsistent with use by Owner, to be determined in the City's sole discretion, or in the event Owner fails to comply with any requirement of this Agreement within sixty (60) days after receiving a notice from the City requesting such compliance, the City through its City Manager may terminate this Permit Agreement by giving ninety (90) days written notice of termination to Owner by certified mail at the following address: Such notice may, at the City's option, require Owner to completely remove the from the Permit Property within said ninety (90) day notice period, including all debris. If this Permit Agreement is terminated by the City as provided herein, Owner will be solely responsible for all costs and expenses related to construction of a which is located on Owner's Property, in accordance with all City Ordinances. If Owner fails to remove the as required by a proper notice of termination, the City may cause the removal to be done and the costs of such work shall be paid by Owner. If Owner fails to pay the City for such costs, the City may assess the costs against the Owner's Property. 4. Consent to Special Assessment. Owner hereby acknowledges and consents to the City's right to specially assess any costs incurred by the City for any repair or maintenance performed pursuant to Paragraph 2 of this Permit Agreement, or any costs incurred by the City to .remove Owner's from the Permit Property pursuant to Paragraph 3 of this Permit Agreement. Owner waives any right to protest or appeal any special assessment levied pursuant to this Permit Agreement. '" 5. Future Development. Owner understands and acknowledges that the City may utilize the Permit Property at some future date and in the sole discretion of the City. In the 46241 2 event the City undertakes such development, and if this Permit Agreement is not terminated by the City as provided above, Owner agrees to cooperate with the City as necessary to facilitate City's use of the Permit Property, and the City agrees to use its best efforts to accommodate Owner's use of the Permit Property for the purposes stated herein. 6. Indemnity. Owner shall defend, indemnify, and hold harmless the City and its employees, subcontractors, attorneys, agents, and representatives from and against all claims, damages, losses, costs and expenses, including attorney's fees, which may be incurred by or asserted against the City or for which the City may be held liable, which arise out of or result from use of the Permit Property for purposes, including but not limited to the maintenance, repair or removal of Owner's , except liability caused solely by the negligence of the City. 7. Insurance. As long as this Permit Agreement is in existence, Owner shall maintain a general liability insurance policy which provides coverage for the Permit Property for any damage to property of others or injuries to persons. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than One Million dollars ($1,000,000), and shall include contractual liability coverage to provide coverage for the indemnification provision in Paragraph 6 above. Said policy shall name the City as an additional insured, and shall contain a clause which provides that the insurer will not cancel, non-renew, or materially change the policy without first giving the City thirty (30) days prior written notice. Owner shall provide the City with a Certificate of Insurance for said policy which specifically details the conditions of this Paragraph 6. 8. Waiver of Claims. Owner acknowledges City's ownership of the Permit Property and knowingly waives any and all claims against the City related to Owner's use of the Permit Property, including but not limited to claims of abandonment and contractual claims arising out of this Permit Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. 9. Condition of Propertv. Owner accepts the Permit Property 11 as is 11 and the City makes no warranties regarding the conditions of the Permit Property or the suitability of the Permit Property for Owner's purposes. 10. Binding Effect. This Permit Agreement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, successors, or assigns. 11. Whole Agreement: Modification. This Permit Agreement contains all of the terms and conditions relating to the permit granted herein, and replaces any oral agreements or other negotiations between the parties relating to the permit. No modifications to this Permit Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 12. Office of the Recordation. Owner shall cause this Permit Agreement to be recorded in the County Recorder at their cost and expense. 46241 3 IN WITNESS WHEREOF, the parties have executed this Permit Agreement as of the date first above written. CITY OF PRIOR LAKE OWNER(S) By: By: ) )ss. ) COUNTY OF The foregoing instrument was acknowledged before me this day of , 19_, by Lydia Andren and Frank Boyles, the Mayor and City Manager respectively of the City of Prior Lake, on behalf of the City of Prior Lake through authority granted by its City Council. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was 19_, by and on behalf of the [corporation/partnership]. acknowledged before me this and I respectively of day of the Notary Public This Instrument Drafted By: Campbell, Knutson, Scott & Fuchs, P.A. 3 i7 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 (612) 452-5000 46241 4 OS/22/97 THU 16:05 FAX 612 452 5550 OS/22/97 THO lS~S8 FAX 8124474245 C K S & F '-.L.L ~ W.I.' .. ..... --" ---- III 002 ..:.- .......-.- APPROVED FOR FORM & EXECUTION By: ~& ft~ . , Sucsan Lea Pace, City Attorney REVIEWED FOR ADMINISTRATION By: A-,~/h-~ Greg 1 , it)' Engineer STATE OF MINNESOTA ) COUNTY O~ oing msuumm was acknowledged before me this i!l~ of J1~ 1lI.L- . 1991. . the 32 \I. r. of HEALTHSYSTE.M~OTA~a . orporation, on~ofd1..orpDra~.~~.~~ STATE OF MINNESOTA ) \~ N6r'::~~=:TA I 'CAY HIEIlINEPUl(c;OU>>-I'rr . J,,~-J...I ) 55. Mycamm_IO"EJ;pl,..J.......~'.:RIIO COUNTY OF. QIl....;L.U I ) .... ~. . .'. ~ m. The: foregoing instrument was' acknowledged before me this o:I!l. day Of~ . 199 ~ by Lydia Andren, and Frank Boyles, the Mayor and City Manager, respectivelY, 0 CITY OF PRIOR LAKE, a Minnesota municipal corporation. on behalf of the corpora.tion through the authority given by its City Council. ~(lU;~ Not.at)' Public , . THIS INST.RlJMENT WAS DRAFTED BY: Campbdl, KnuIJOD. SCDtt &. Fur=l'I5. P.A. 1380 CDl;'porare Ceatlllf Curve 317 :Easandale OtIil!:e Centar Eagan, MN 55121 . .....-.. , ....-..... .- . 4Sfl40a 4 APPROVED FOR FORM & EXECUTION By: Suesan Lea Pace, City Attorney REVIEWED FOR ADMINISTRATION By: A fi1 ~ J!.;J ity Engineer STATE OF MINNESOTA ) .J, IL U I" /1 .., 2--:.s. COUNTY O~I'L e oing instrument was acknowledged before me this li'f{j;y of 11/111 J__ , 199 7, by , the ~ \1. P. of HEALTHSYSTE~OTA, a M' esota orporation, on behalf of the corpora~ tJ. ~c;( Notary Pub~~~^^^. 18 MARSHA W. BALLARD I ~ NOTARY PUBUC. MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 .\~~~~"T""~"",~v^"'..*V1!l STATE OF MINNESOTA ) ) 5S. ) COUNTY OF\.-cJxUI The foregoing instrument was acknowledged before me this $ day Of~ ' 199 fJ by Lydia Andren, and Frank Boyles, the Mayor and City Manager, respectively, 0 e CITY OF PRIOR LAKE, a Minnesota municipal corporation, on behalf of the corporation through the authority given by its City Council. cpd)ael2(JU;, Notary Public THIS INSTRUMENT WAS DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 1380 Corporate Center Curve 317 Eagandale Office Center Eagan, MN 55121 " ~~,;>:.:....,~~.. ~..,. ""--"', . '"P."Kr- ,., -,' M.~':1l:1t:N No-:-r ".I/,i. "4.I~SO d.'~L~ Mv ('r' ,-,,-.,. -.-.-...... '.~.._-- 48440 4 01 -D?f) Doc. No. A 475557 OFFICE OF THE COUNTY RECORDER SCOTT COU~TY, MINNESOTA Certified Rled and/or Recorded on EXEMPT 05-31-2000 at 09:00 ~]AM [ ] PM Pat Boeckman, County Recorder 04 by le, Deputy Fee: $19.50 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement"), made and entered into this d.-4'+, day of ~ ,2000, by and between HEALTHSYSTEM MINNESOTA, a Minnesota nonprofit corporation ("Grantor"), and THEtITY OF PRIOR LAKE, a municipal corporation ("Grantee"). ~ RECITALS: A. Grantor is the fee owner of that certain real property located in Scott County, Minnesota, legally described on Exhibit A attached hereto ("Parcel A"); B. Grantee has requested and Grantor has agreed to grant to Grantee a nonexclusive easement for drainage and utility purposes over a portion of Parcel A. NOW, THEREFORE, in consideration of the above recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee a non-exclusive easement in, over, under and across that portion of Parcel A as legally described on Exhibit B attached hereto ("Easement Area") for drainage and utility purposes. 2. Construction. Maintenance and Repair. . Grantee may construct within the Easement Area such pipes, condu~ts, lines and other improvements (collectively, the "Improvements") as Grantee at anytime and from time to time deems necessary and shall thereafter maintain the Improvements in good condition and repair. At any and all times during which Grantee undertakes and performs said construction, maintenance, repair or replacement, Grantee shall not unreasonably interfere with the use of Parcel A by Grantor, its employees, customers, or invitees. All costs and expenses of any such construction, maintenance, repair and replacement shall be borne solely by Grantee. Furthermore, Grantee shall be solely responsible for any and all damage of any nature whatsoever which occurs on or to any portion of Parcel A as a result or due to the construction, maintenance, repair or replacement of the Improvemen,ts. Upon completion of such repair, replacement, maintenance and construction activities, Grantee shall promptly restore the Easement Area to substantially the same condition as existed prior to such repair, replacement, maintenance or construction. 3. Consideration. Benefit. Pur:pose. This Agreement is made in consideration of the utility and drainage easements and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by the parties. Grantor makes this Agreement for the express benefit of Grantee, its successors and assigns ("Interested Persons"). All rights hereunder may be enforced by an Interested Person. 4. Indemnification. Grantee covenants and agrees to indemnify, defend and hold harmless Grantor, from and against all claims, costs, expenses and liability (including reasonable attorneys' fees and costs of suit incurred in connection with all claims) arising from or as a result of the injury to or death of any person, or damage to the property of any person or entity, which arises out of negligent or willful acts or omissions of Grantee or Grantee's contractors, ~ subcontractors, agents, consultants, employees or others for whom grantee is responsible 5. Covenants Running With the Land: Successors and Assigns. The terms of this Agreement shall constitute covenants running with Parcel A and shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. 6. Entire Agreement. This Agreement contains all the agreements and understandings of the parties hereto, concerning the matters that are the subject of this Agreement. 7. Governing Law. The Agreement shall be goyerned by the law of the State of Minnesota. 8. Amendment. Modification or Waiver. No amendment, modification or waiver of any condition, provision or term shall be of any effect unless made in writing, signed by the party or parties to be bound or a duly authorized representative, and specifying with particularity the extent and nature of such amendment, modification or waiver. Any waiver by any party of any default of another party shall not affect or impair any right arising from any subsequent default. Except as expressly and specifically stated otherwise, nothing herein shall limit the remedies and rights of the parties hereto under and pursuant to this Agreement. 9. Severable Provisions. Each provision, section, sentence, clause, phrase and word of this Agreement is intended to be severable. If any provision, section, sentence, clause, phrase and word hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder' of this Agreement. 10. Captions. Headings or Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement as a limitation of the scope of the particular paragraphs or sections to which they apply. By: Its: ~ STATE OF MINNESOTA) \/ t ~I h J S:'I ~~ COUNTY OF~""- y....Jo The fore~ instrument was ac~wledged hefore me this -'5- day of ~J, 2000, b It 11 ?J m~~.AI ~ e. CO of HealthSystem Minnesota, a~' nonprofit corporation, on behalf of the co oration. ~ 1100 YN",~ MARSHA W. BALLARD / I 1 .: '.. NOTARY PUBLIC . MINNESOTA W :, ,: MY C:)MMISSION EXPIRES o~~..,..~.'l:' .JANUARY31,2005 Notary Public I.... STATE OF MINNESOTA) . ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this .1d. day of A,r"A , 2000, by Frank Boyles, the City Manager of the City of Prior Lake, a municipal corporation under the laws of the State of Minnesota, on behalf of said municipal corporation. Drafted by and when recorded, return to: Dorsey & Whitney LLP (PB) Pillsbury Center South 220 South Sixth Street Minneapolis, Minnesota 55402-1498 EXHIBIT A LEGAL DESCRIPTION OF PARCEL A That part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at a point on the east line of said West Half of the Southeast Quarter distant 1677.13 feet north of the southeast corner thereof (said east line to bear North 0 degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to the East line of the West Half as monumented by the plat of Prior South being the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17 seconds West a distance of 700.00 feet to the intersection with a line drawn at right angles to said east line of the West Half of the Southeast Quarter from a point on said east line distant 700.00 feet southerly of the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 700.00 feet; thence North 0 degrees 37 minutes 17 seconds East a distance of 695.83 feet to the southeasterly right-of-way of Highway No. 13; thence northeasterly a distance of 6.68 feet along said right-of-way to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of beginning; thence South 89 degrees 12 minutes 57 seconds East a distance of 694.77 feet to the point of beginning. <(!' Together with that part of said West Half of the Southeast Quarter of Section 2 described as follows: Commencing at a point on the east line of said West Half of the Southeast Quarter, distant 1677.13 feet north of the southeast corner thereof (said east line to bear North 0 degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to the East line of the W est H~ as monumented by the plat of Prior South being a line which bears North 0 degrees 37 minutes 17 seconds East from the southeast corner of said West Half of the Southeast Quarter; thence North 0 degrees 37 minutes 17 seconds East a distance of 263.95 feet, more or less, to the Southerly right-of-way line of County Road 39 as monumented (Franklin Trail); thence westerly along the said Southerly right-of-way line a distance of 150.00 feet to the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17 seconds West a distance of 256.44 feet to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 61.25 feet to the intersection with a line 215.84 feet westerly, as measured at right angles, of said east line of the West Half of the Southeast Quarter; thence North 0 degrees 47 minutes 03 seconds East parallel with said east line a distance of 253.41 feet to the intersection with said Southerly right-of-way line of County Road No. 39 as monumented (Franklin Trail); thence easterly along said parallel line a distance of 60.57 feet to the point of beginning. '-Wo' .......,....1 v 1;)'1OJ1 ~ F'lann~rs EXHIB IT B Valley Surveying C~., P. A. (612) 447-2570 May 19, 1997 Suite 120C 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 Re: Utility and drainage easa~ts to be deeded to the City of Prior Lake: OESG<.IPI'ION: An easement to construct, operate, maintain and r-epair- public utility and drainage systems over, under and across tha~ part of the West Ralf of the Southeast ~er of Section 2, T~hip 114, Range 22, Scott County, Minnesota, described as follows: A strip of land 40.00 feet in vidth the centet:'line of \o1hi.ch is desc:'ibed as follows: Corrmencing at the southeast corner of said West Balf of the Southeast Quartet:'; thence North 00 degrees 04 minutes 48 seconds East (assumed bearing) along the east line of said West Half of the Southeast Quarter a distance of 1542.28 feet: thence South 89 degrees OS minutes 00 seconds West a distance of 187.24 feet to the point of beginning of the center~ine to be described: thence No~ 00 degrees OS minutes. 00 seconds West a distance of 45.CO feet to a point hel:'einafter referree to as ~int. "A"; thence ontinuing North 00 degrees os minutes 00 s~conds West a distance of 345.CO feet trare or less to the southerly right-of-'.r.ay line of County Read No. 39 (Franklin Trail) and there terminating. Together \lith a strip of land 20.00 feet in vidth the centerline of whic.~ is described as foll~s: Be<;jinning at the above referenced point "A"; thence North 89 degrees 55 minutes 12 seconds West a d~stance of 202.00 feet and there terminating. I heceby certify. that this easement descri?tion ....as pre?ared by Ire or under my direct supe:visicn anC tha t I am a oul'f licensed Land Surve~r undec t....e la~ the ~)7~ M~esota. ~cPk~~ cnald A. S;.;anson, Land SurveyoC--- Minnesota Registration No. 10183 Dated this 19th day of May, 1937 file no. 8421 4nd Surveyors Planners . Valley Surveying Co., P. A. -- A!;:lril 10, 1997 Suite 120C 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 (612) 447.2570 Descri!;:ltions prepared for: Heal th System Minnesota clO Frauenshuh Ccrnpanies 7760 France Avenue South # 210 Elocmington, MN. 55435 Att'n: Dean Williams 0---'& Re: Utility and drainage easements to be deeded to ~~e City of Prior Lake: i' DE....<:CR!Pl'ION : An easement to construct, operate, maintain and repair public utility and drainage systems over, _ under and across that part of the West Balf of the Sout.~east Quarter of Section" 2, Township 114, Range 22, Scott County, Minnesota, described as follows: - A strip of land _20.CO feet in w-idt.~ t.~e centerline of whic.~ is desc:"ibed as follows: CcImlencing at the -intersection of the west line of t.'1e east 700.CO feet of said West Ealf of the Southeast Quarter," with" t.'1e southeasterly right-of-way line of State Trunk aighway No." 13; thence South 00 degrees 05 minutes 00 seconds" East (assumed bearing) along said west line a distance of 436.00 feet; t.~enc:a Nort."1 50 degrees 57 minutes 04 seconds East a distance .of 121.33 feet to t."1e point of beginning of the centerline to be desc=ibed; t."1ence continuing Nort."1 SO degrees 57 minutes 04 seconds East a distance of 341.00 feet and there terminating. Together wi th t.'1at Part of said West" Ealf of t."1e Southeast Quarter described as follows: Beginning at ~~e above cescribed gaint of comrne."1ceme."1t; t.~ence southerly along said west line of t."1e east 700.00 feet a distance of 285. CO feet: the."1ce easter 1 v at right angles a distance of 25.00 feet: thence northerly at right" angles a distance of 96.00 fe~t: thence easterly at right angles a distance of 23.00 feet: t."1ence nor""J1erly:: at -right angles a distance of 31.00 feet; the."1ce westerly at right angles a distance of 23.00 feet: t."1ence nort."1erly at right angles a distance of 158.03 feet; t."1ence _ westerly at r:ight angles to t.."1e southeasterly right-of-w~y line of said State Trunk Eighwcy No. 13: thence southwesterly along said t"ight-of-w~y line to t."1e point of begir~ing. I hereby certify that this easement descripticn was prepared" by me or under my direct sup2....-visicn and that I am a duly licensed Land Surveyor uncer t.."1e laws - the Sta ~ 0 Minnesota. Ro "d A. Swanson, Land Surve Minnesota Registration No~ 10183 Dated this lO~'} ~y of April, 1997 ,6 - Land Surveyors , Planners Valley Surveying Co., P. A. {612} 447.2570 ~ April la, 1997 Suite 120C 16670 Frankfln Trail S.E. Prior Lake, Minnesota 55372 Descriptions peepared foe: Seal th System' Minnesota C/o Fnuen.shuh Companies 7760 France Avenue Sout.'1 i 210 Blccmington, MN. 55435 Att 'n: Dean Williams ~-' ,Y Re: drainage easement to be deeded to the City of Prioe Lake: DE...~'CTICN : An easement to construct, operate, maintain and eepair public utility and drainage system over, under and across that part of t.'1e West Ealf of the Southeast Quarter of Section 2, Towship 114, Range 22, Scott County, Minnesota, described as follows: ' Commencing at t.fote i.,tersection of the west line of t.'1e e:"-st 700.00 feet of said West Balf of t.'1e Sou~'1east Quarter, wit., the southeasterly eight~f-way line of State Tr'.mk Bighway:No. 13 ; t.'1ence Sout.'1 00 degeees 05 minutes 00 seconds East (assumed bearing) along said, west line a distance of 260.00 feet to the point of beginning of the e:"..sement to be described; t.'1e."1ce continuing Sou~'100 degrees 05 minutes 00 seconds East a distance of 203.00 feet; thence Noeth 89 degreo..s 55 minutes 00 seconds East a distance of 164.00 feet; thence Nom' 21 degrees 24 minutes 14 seconds East a distance of 46 .89 feet; . thence Noeth 39 degreo..s 02 minutes 56 seconds West a distance of 204.97 feet;' thence South 89 degreo..s 55 minutes 00 seconds West a distance of 52.28 feet to the point of beginning. ! he~eby certify that this easa~e."1t description wCS peepared, by me oe undee my dieect super-vision and that I am a euly licensed Land Surveyor under the laws 0 the State of innesota. Ronald A.. Swanson, Land SurveyorgMinnesota Registration No. 10183 Dated this lOth day of April, 1997 -file no. 8421 F r, ~ E. 0 ~~.i ra.. y .;Q ': r,\ '~ ~, " ;-: ',' ~iJ .L' u~i April 25, 2000 Duane F. Spiegle Administrative Director HealthSystem Minnesota 3800 Park Nicollet Boulevard Minneapolis, MN 55416-2699 RE: Road, Drainage and Utility Easements Dear Mr. Spiegle: Enclosed is an original signed copy of the road, drainage and utility easements for the Park Nicollet property. We have also sent this document to the Scott County Recorder's Office for recording. We have also begun processing the overslzlng reimbursement in the amount of $3,901.60. You should receive a check for this amount the week of May 15, 2000. Thank you for your attention to this matter. If you have any questions, please contact me at 612-447-9810. Sincerely, ~ Q. +{~ U~~:_~ansier, AICP Planning Coordinator Enclosure c: Sue McDermott, Assistant City Engineer 16200 E~'BrJkeP~~9f~mr.t.~., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6f~g447-4245 AN EQUAL OPPORTUNITY EMPLOYER -t .... Doc. No. A 454428 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Rled and/or Recorded on 08-17-1999 at 04:10 [lAM [~PM Pat Boeckrmn, County Recorder 04 by~, Deputy Fee: $30.50 Project #97-030 Health Systems Minnesota - Park Nicollet Medical Clinic STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copy of Preliminary Agreement for Development Contract with attachments Dated this /~ day of August, 1999. (City Seal) 1:\dcptworklblankfrm1true<OJly.doc ___-...- l. ;-:"~ rC! ~ ra Q Vi C i , ' ' \.5 \::::!? t!I -" ~- MM \ 52ril"i\\JJ DORSEY & WHITNEY LLP MINNEAPOLIS SEATTLE PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402-1498 TELEPHONE: (612) 340-2600 FAX: (612) 340-2868 BILLINGS NEW YORK GREAT FALLS MISSOULA DENVER BRUSSELS WASHINGTON, D.C. FARGO DES MOINES LONDON LORRAINE M. PRINDLE PARALEGAL (612) 340-8830 FAX (612) 340-2644 prindle.lorraine@dorseylaw.com HONG KONG ANCHORAGE ROCHESTER SALT LAKE CITY COSTA MESA VANCOUVER March 13,2000 VIA FACSIMILE Jane Kansier, AICP Planning Coordinator City of Prior Lake 16200 Eagle Creek Ave. S. Prior Lake, MN 55372-1714 Re: Easements from HealthSystem Minnesota Dear Jane: Enclosed for your review is a draft of an Easement Agreement for the drainage and utility easements to be given to the City of Prior Lake by HealthSystem Minnesota. Note: I have substituted the May 19, 1997 description for one of the April 10, 1997 utility and drainage easements that you sent to Duane Spiegle. The May 19 description was the description attached to the Preliminary Agreement for Development Contract. Please review this Easement Agreement and call me with any comments you may have. After the agreement has been reviewed and approved by the City, we will forward it to HealthSystem Minnesota for execution. Thank you. V e~rul: yours, ~~ Lorraine Prindle Paralegal cc: Jeffrey Benson Duane Spiegle PRELIMINARY AGREEMENT FOR DEVELOPMENT CONTRACT This Agreement is entered into this JE.ln day of~, 1997 by and between the City of Prior Lake, a municipal corporation (hereinafter referred to as "CITY"), and HealthSystem Minnesota, a Minnesota nonprofit corporation (hereinafter referred to as "DEVELOPER"). WHEREAS, DEVELOPER is claiming the ownership of certain property located in the City of Prior Lake, Minnesota, legally described and depicted on the attached Exhibit A, (hereinafter referred to as "PARCEL A"); and WHEREAS, PARCEL A is adjacent and contiguous to certain property owned by DEVELOPER located in the City of Prior Lake, Minnesota, legally described and depicted on the attached Exhibit A, (hereinafter referred to as "PARCEL B"); and WHEREAS, DEVELOPER wishes to proceed to develop PARCEL A at the present time; and WHEREAS, platting PARCEL A and PARCEL B would delay DEVELOPER'S present plans to develop PARCEL A; and WHEREAS, CITY and DEVELOPER wish to cooperate in order not to delay or impede the development of PARCEL A, while at the same time maintaining the greatest degree of flexibility in the event PARCEL B is developed at a later time; and WHEREAS, DEVELOPER desires to avoid duplicated expenditures connected with the development of PARCEL A and future development of PARCEL B. NOW, THEREFORE, be it resolved that in consideration of the mutual promises, assurances and covenants, the sufficiency of which is not disputed that: 1. The recitals set forth above are incorporated as if fully set forth herein. 2. The DEVELOPER or its Consulting Engineer shall be responsible for providing all construction services inclluding, but not limited to: (b) (c) (d) Inspection of public improvement systems within the easement areas described in Exhibit B attached hereto and made a part hereof, which include grading, sanitary sewer, watermain, storm sewer/ponding and street system; Documentation of construction work and all testing of improvements; Construction quantities; Project Testing: The DEVELOPER is responsible through its testing company, at the DEVELOPER's cost, to provide sufficient testing to enable the DEVELOPER's consulting engineer to certify that the public improvements constructed within the easement areas described in the attached Exhibit B were completed in compliance with (a) 48440 1 the applicable approved final plans and/or current City specifications. The personnel performing the testing shall be certified by the Minnesota Department of Transportation. The City Engineer may require additional testing if, in his opinion, adequate testing is not being performed. The cost of additional testing is to be paid by the DEVELOPER; (e) All improvements are subject to approval by the City Engineer. 3. When PARCEL A is developed, DEVELOPER will construct a 9-ton road in the area cross- hatched on the attached Exhibit A with curb, gutter, sanitary sewer, watermain and storm sewer from Franklin Road to the clinic driveway. The CITY will reimburse DEVELOPER (a) for the cost difference to oversize the road from a 7 -ton capacity to a 9-ton capacity, and (b) for the cost difference to oversize utility service from the utility service necessary to serve Parcel B at the time Parcel B is developed. 4. When Parcel B is developed, the CITY agrees to reimburse DEVELOPER the cost to oversize the road, sanitary sewer, storm sewer and water serving Parcel B. 5. The DEVELOPER will convey and the CITY will accept a drainage easement for a storm water retention pond and several utility and drainage easements the location of which is legally described on the attached and made a part hereof as Exhibit B. 6. Upon conveyance by the DEVELOPER of the easement areas legally described in Exhibit B, the CITY will be responsible for any future repair, maintenance and, if necessary, replacement of the pipes, conduits and other public improvements constructed in these easement areas. 7. The CITY will defer collection of its trunk sewer and water fees for PARCEL A until development of PARCEL B or until January 1, 2002, whichever occurs first. The amount of fees to be collected will be based on the rate of the trunk sewer and water fee at the time PARCEL B is developed. The fees will be calculated on Parcels A and B, less any right-of-way dedicated to the CITY. 8. DEVELOPER agrees to plat PARCELS A and B as one plat prior to, or at the time of any development of PARCEL B. 9. CITY agrees to calculate all applicable area charges and fees, with the exception of trunk sewer and water, based solely on the acreage of PARCEL B. 10. The DEVELOPER intends to construct in the general area shown on the attached Exhibit A, which location is subject to CITY approval, one (1) illuminated identification and directional sign and to install all necessary utilities to serve said sign. Upon the granting or dedicating to the CITY of an easement for public street purposes in, over, under and across the area where such sign and the utilities serving same are located, the CITY agrees, subject to negotiation of a separate "Permit Agreement for the Private Use of Public Property", in substantially the form of Exhibit C attached hereto and made a part hereof, to permit the DEVELOPER to continue use of the area where the sign and the utilities servicing the same are located and such additional areas necessary to service, repair, maintain, replace or reconstruct such sign and utilities. Except for the location of the identification and directional sign, the sign must in all other respects comply with the CITY's sign ordinance in effect at the time DEVELOPER applies for 48440 2 a signed permit. 11. The CITY will permit the DEVELOPER to name the 9-ton road referenced in paragraph 3 of this Agreement. 12. This Agreement will become null and void at the time a final plat encompassing PARCEL A and PARCEL B is approved by the City Council. 13. Any amendment to the Agreement must be in writing, and authorized by the City Council. 14. 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. . 15. This Agreement shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER: HEAL THSYSTEM MINNESOTA BY:~ Its: _ ~_ ~ ;r CITY OF PRIOR LAKE 48440 3 APPROVED FOR FORM & EXECUTION BY:~~~P Suesan Lea Pace, City Attorney REVIEWED FOR ADMINISTRATION By: A Greg STATE OF MINNESOTA ) ,/, iL ~. h A ~ 2-;.s. COUNTY O~I'L e oing instrument was acknowledged before me this flYtay of h/ '" ,~ , 1991. by , the 5( \J.P. of HEALTHSYSTE~OTA, a Mi esota orporation, on behalf of the corporation. tJ, ~ . fi~ ~ STATE OF MINNESOTA )" '@ .:r";~:~C~T' , HENNEPIN COUNTY . ~ J ""-I ) ss. My Commission Expires Jan. 31, 2000 COUNTY OF '- (lIl../Vt;{ ) ) ." " The foregoing instrument was acknowledged before me this $ day Of~ ,199f!J by Lydia Andren, and Frank Boyles, the Mayor and City Manager, respectively, 0 e CITY OF PRIOR LAKE, a Minnesota municipal corporation, on behalf of the corporation through the authority given by its City Council. 111 Jl?PI2.~ Notary PublIc THIS INSTRUMENT WAS DRAFfED BY: Campbell, Knutson, Scott & Fuchs, P.A. 1380 Corporate Center Curve 317 Eagandale Office Center Eagan, MN 55121 . ~- . ~.t::.;.o............ '1.- K'''''.'~~~ll':f'i .... ' .' -_I.,vf. t1 N NOT,t' -. '. ;;1" ._ . "t..' -.I- '. '".r~lJ '. Mv Cr' . .;..... , ". ~.~-'-- . . -'<":'Y"- _ . ~;.. 48440 4 . U:lnd Surveyors Planne(s EXHIBIT A Valley Surveying Co., P. A. (612) 447-2570 Suite 120C 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 May 19, 1997 DESCRIPrION PARCEL A: That part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Carmencing at the southeast comer of said West Half of the Southeast Quarter: thence North 00 degrees 05 minutes 00 seconds West (assumed bearing) along the east line of said West Half of the Southeast Quarter a distance of 1677.13 feet: thence South 89 degrees 55 minutes 00 seconds West a. distance of 214.04 feet to the point of beginning of the land to be described: thence South 00 degrees 05 minutes 00 seconds East a distance of 200..00 feet: thence South 50 degrees 55 minutes 21 seconds West a distance of 413.25 feet; thence South 89 degrees 55 minutes 00 seconds West a distance of 160.00 feet to the west line of the east 700.00 feet of said West Half of the Southeast Quarter: thence North 00 degrees 05 minutes 00 seconds West along said west line a distance of 460.00 feet to the southeasterly right-of-way line of State Trunk Highway No. 13; thence northeasterly along said right-of-way line a distance of 0.05 feet to the intersection with a line drawn South 89 degrees 55 minutes 00 seconds West from the point of beginning; thence North 89 degrees 55 minutes 00 seconds East a distance of 481.14 feet to the p:>int of beginning.. Containing 4.123 acres I hereby certify that this description was prepared by me and that I am a dilly licensed Land Surveyor und~ la\l#~1te of Minnesota. ~~~Zffk~~ R"ona1d A. Syanaon, Land Surveyor Minnesota Registration No. 10183 Dated this 19th day of May,1997 file no. 8421 Land Surveyors Planners EXHIBIT A Valley Surveying Co., P. A. (612) 447-2570 May 19,1997 Suite 120C '6670 Franklin Trail S.E. Prior Lake, Minnesota 55372 DESCRIP.rION FOR. PARCEL B: That part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott COunty, Minnesota, described as follows: conmencing at the southeast corner of said West Half of the Southeast Quarter i thence North 00 degrees 05 minutes 00 seconds West (assumed bearing) along the east line of said West Half of the Southeast Quarter a dist.ance of 1677.13 feet: thence South 89 degrees 55 minutes 00 seconds West a distance of 4.78 feet to the fOint of beginning of the land to be described; thence continuing South 89 degrees 55 minutes 00 seconds West a distance of 209.26 feet; thence South 00 degrees 05 minutes 00 seconds Bast a distance of 200.00 feet; thence South .50 degrees 55 minutes 21 seconds West a distance of 413.25 feet; t.hence south 89 degrees 55 minut.es 00 seconds West a distance of 160.00 feet to the west line of the east 700.00 feet of said West Half of the SOutheast Quarter; thence South 00 degrees OS minutes 00 seconds East along said west line a distance of 239.97 feet to the intersection tlith a line drawn South 89 degrees 55 minutes 00 seconds West from a point on the east line of said West Half of the Southeast QUarter distant 977.13 feet north of the southeast corner; thence North 89 degrees 55 minutes 00 seconds East along said line a distance of 697.21 feet: thence North 00 degrees 14 minutes 48 seconds West a distance of 700 feet more or less to the point.of beginning. T03ether with that part of said West Half of the SOutheast Quarter described as follows: commencing at the southeast corner of said West Half of the Southeast Quarter; t.hence North 00 degrees 04 minutes 48 seconds East (assumed bearing) along the east line of said West Half of the Southeast Quarter a distance of 1677.36 feet to a point hereinafter referred to as fOint "B": thence continuing North 00 degrees 04 minutes 48 seconds East along said east line a dist.ance of 263.64 feet to the intersection \lith a line dra'JIl parallel tlith and distant 33.00 feet southerly (as measured at right angl,es) of the centerline of County Road No. 39 (Franklin Trail): thence South 87 degrees 16 minutes 00 seconds West along saia parallel line a distance of 5.51. feet more or less to the intersection with a line draYn North 00 degrees 05 minutes 00 seconds West from the southeast corner of said West Half of the Southeast Quarter; thence continuing South 87 aegrees 16 minutes 00 seconds West along said para~lel line a distarlce of 150.00 feet to the point of beginning of the lana to be aescribed: thence continuing South 87 continued EXHIBIT A SHEET 2, OF PARCEL B: degrees 16 minutes 00 seconds West a distance of 60.56 feet more or less to the intersection with a line drawn parallel with and distant 215.84 teet ~esterly as measured at right angles to said east line; thence SOuth 00 degrees 04 minutes 48 seconds West parallel \lith said east line a distance of 253.64 feet to the intersection \lith a line drawn South 89 degrees 55 minutes 00 seconds West from the above referenced p'int "B"; thence North 89 degrees 55 minutes 00 seconds East along said line a distance of 61.12 feet to the intersection with a line drawn South 00 degrees 05 minutes 00 seconds East from the point of beginning; thence North 00 degrees 05 minutes 00 seconds West a distance of 256.44 feet to the PJint of beginning. All of the above containing 11.605 acres. wanson, Lan Registration No. file no. 8030XX TOTRL P.D3 Land Surveyors Planners EXHIBIT B Valley Surveying Co., P. A. (612) 447-2570 Suite 120C 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 May 19, 1997 Re: Utility and drainage easements to be deeded to the city of Prior Lake: DESCRIPl'ION: An easement to constl:Uct, operate, maintain and repair public utility and drainage systems over, under and across that part of the West Half of the Southeast Quarter of Section 2, 'l'OYTlship 114, Range 22, Scott County, Minnesota, described as follows: A strip of land 40.00 feet in width the centerline of which is described as folloW's: Commencing at the southeast corner of said West Half of the S::nJtheast Quarter; thence North 00 degrees 04 minutes 48 seconds East (assumed bearing) along the east line of said West Half of the Southeast Quarter a distance of 1542.28 feet; thence South 89 degrees 05 minutes 00 seconds West a distance of 187.24 feet to the point of beginning of the centerline to be described: thence North 00 degrees 05 minutes 00 seconds West a distance of 45.00 feet to a point hereinafter referred to as point. "A"; thence continuing North 00 degrees 05 minutes 00 seconds West a distance of 345.00 feet more or less to the southerly right-of-way line of County Road No. 39 (Franklin Trail) and there terminating. Together 'With a strip of land 20.00 feet in 'Width the centerline of which is described as follows: Beginning at the above referenced point "All; thence North 89 degrees 55 minutes 12 seconds West a distance of 202.00 feet and there terminating. I hereby certify that this easement description was prepared by me or under my direct supervision and I Surveyor under the Swanson I Land Registration No. 19th day of May, file no- 8421 onald A. Minnesota Dated this Land Surveyors Planners EXHIBIT B Valley Surveying Co., P. A. (612). 447-2570 April 10, 1997 Suite 120C 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 Re: Utility and arainage easements to be deeded to the City of Prior Lake: DESClUETION: An easement to construct, operate, maintain and repair public utility and ..drainage systems over,. under ana across that part of tile We~t Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: A strip of land 20.00 feet in width the centerline of 'Nhich is aescribed as follO\is: Commencing at the..intersection of the west line of the east 700.00 feet of said West Half of the Southeast Quarter, uith the southeasterly right-of-~ay line of State Trunk. Highway No.. 13: thence South 00 degrees 05 minutes 00 seconds East (assumed bearing) along said west line a distance of 436.00 feet: thence North 50 degrees 57" minutes 04 seconds East a distance .of 121.33 feet to the p:>int of beginhing of the centerline to be described: thence continuing North 50 degrees 57 minutes 04 seconds East a distance of 341.00 feet and there terminating. Together with .that part of said West Half of the sOutheast Quarter described as follows: Beginning at the above described pqint of Commencement: thence southerly along said ~st line of the east 700.00 feet a distance of 285.00 feet: thence easterly at right angles a distance of 25.00 feet; thence not'therly at right angles a distance of ~6.00 feet: thence easterly at right angles a distance of 23.00 feet; thence northerly at right angles. a diE!tance of 31.00 feet; thence westerly at right angles a distance of 23.00 feet; thence northerly at right angles a distance of 158.03 feet: thence. westerly at right angles to the southeasterly right-of-way line of said State Trunk Highway.No. 13; thence southwesterly along said right-of-way line to th~ point of. beginning. I he~e9y certify that this easement description was pr~pared py me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws the Sta 0 Minnesota. On . A~ Swanson, Land Survey 0 Minnesota Registration No. 10183 Dated this 10~ day of Ap~il,1997 file no. 8421 , Land Sul'\teyors Planners EXHIBIT B Valley Surveying Co., P. A. (612) 447-2570 April 10, 1997 Suite 120C 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 Re: drainage easement to be deeded to the City of Prior Lake: DESCRIPl'ION : An easement to construct, operate, maintain and repair public utility and drainage system over, under 'and a~oss that part of the West Half of the Southeast Q,larter: of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Ccmoencing at the intersection of the west line of the east 700.00 feet of said West Half of the Southeast Quarter, with the southeasterly ri9ht~f-way line of Stat.e Trunk Highway No. 13; thence South 00 degrees 05 minutes 00 seconds East (as,sumed bearing) along said \lest line a distance of 260.00 feet to the point of beginnin9 of the easement to' be described; thence continuing South 00 degrees 05 minutes 00 seconds East a distance of 203.00 feet: thence North 89 degrees 55 minutes 00 seconds East a distance of 164.00 feet: thence North 21 degrees 24 minutes i4 seconds East a diBtance of 46.89 feet: thence North 39 degrees 02 minutes 56 seconds West a distance of 204.97 feet; thence South 89 degrees 55 minutes 00 seconds West a distance of 52.28 feet to the point of beginnin9~ I he~e9Y certify that this easement description ~as prepared. by me or under my direct supervision and that I am a duly licensed Land Surveyor: under the le~~=- Ronald A. ~son, Land Surveyor Minnesota Regist.ration No. 10183 Dated this 10th day of April,1997 file no. 8421 . . EXHIBIT C PERMIT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY THIS AGREEMENT is made and entered into this day of 1997, by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation (hereinafter referred to as "City"), and ' [husband and wife; a partnership; a corporation] (hereinafter referred to as "Owner"). RECITALS WHEREAS, Owner is the fee owner of a tract of land in Scott County , located at ' and legally described as follows: [LEGAL] (hereinafter referred to as "Owner's Property"); and WHEREAS, the City is the owner of property, legally described as follows: [LEGAL] and; WHEREAS, a portion of the serving Owner's Property encroaches on a portion of the property abutting Owner's property, as described on Exhibit A attached hereto (the encroached portion of the property hereinafter referred to as the "Permit Property"); and -OR- WHEREAS, Owner wishes to use the Permit Property for ; and WHEREAS, Owners have requested the City to authorize continued use of the Permit Property for purposes; and WHEREAS, such continued use of the Permit Property is not inconsistent with current use of the property by the City and the public; and WHEREAS, the City may in the future desire to use the Permit Property for other purposes which are not consistent with Owners use of the Permit Property, and therefore the City intends to retain all of its right, title, and interest in the Permit Property; 46241 1 NOW, THEREFORE, the parties agree as follows: 1. Permit. Owners shall be permitted to use the Permit Property for purposes at Owner's sole expense and risk, and with full knowledge that the City may, upon notice as provided herein, require Owner's to be removed from the Permit Property at any future date, at Owner's sole expense. The Permit Property must be kept open to public use at all times, and no fence or other obstruction may be placed on the Permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 2. Maintenance of Permit Property: Modification. Owner shall maintain the Permit Property in good condition at all times, at their sole cost and expense. If Owner fails to do so, the City may cause the necessary repair or maintenance to be done at Owner's cost. If Owner fails to pay the City for such costs, the City may assess the costs against Owner's Property. Owner shall not make any modifications to the or otherwise modify the Permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 3. Termination. In the event the City desires to use the Permit Property for a purpose which is inconsistent with use by Owner, to be determined in the City's sole discretion, or in the event Owner fails to comply with any requirement of this Agreement within sixty (60) days after receiving a notice from the City requesting such compliance, the City through its City Manager. may terminate this Permit Agreement by giving mnety (90) days written notice of termination to Owner by certified mail at the following address: . Such notice may, at the City's option, require Owner to completely remove the from the Permit Property within said ninety (90) day notice period, including all debris. If this Permit Agreement is terminated by the City as provided herein, Owner will be solely responsible for all costs and expenses related to construction of a which is located on Owner's Property, in accordance with all City Ordinances. If Owner fails to remove the as required by a proper notice of termination, the City may cause the removal to be done and the costs of such work shall be paid by Owner. If Owner fails to pay the City for such costs, the City may assess the costs against the Owner's Property. 4. Consent to Special Assessment. Owner hereby acknowledges and consents to the City's right to specially assess any costs incurred by the City for any repair or maintenance performed pursuant to Paragraph 2 of this Permit Agreement, or any costs incurred by the City to remove Owner's from the Permit Property pursuant to Paragraph 3 of this Permit Agreement. Owner waives any right to protest or appeal any special assessment levied pursuant to this Permit Agreement. 5. Future Development. Owner understands and acknowledges that the City may utilize the Permit Property at some future date and in the sole discretion of the City. In the 46241 2 event the City undertakes such development, and if this Permit Agreement is not terminated by the City as provided above, Owner agrees to cooperate with the City as necessary to facilitate City's use of the Permit Property, and the City agrees to use its best efforts to accommodate Owner's use of the Permit Property for the purposes stated herein. 6. Indemnity. Owner shall defend, indemnify, and hold harmless the City and its employees, subcontractors, attorneys, agents, and representatives from and against all claims, damages, losses, costs and expenses, including attorney's fees, which may be incurred by or asserted against the City or for which the City may be held liable, which arise out of or result from use of the Permit Property for purposes, including but not limited to the maintenance, repair or removal of Owner's , except liability caused solely by the negligence of the City. 7. Insurance. As long as this Permit Agreement is in existence, Owner shall maintain a general liability insurance policy which provides coverage for the Permit Property for any damage to property of others or injuries to persons. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than One Million dollars ($1,000,000), and shall include contractual liability coverage to provide coverage for the indemnification provision in Paragraph 6 above. Said policy shall name the City as an additional insured, and shall contain a clause which provides that the insurer will not cancel, non-renew, or materially change the policy without first giving the City thirty (30) days prior written notice. Owner shall provide the City with a Certificate of Insurance for said policy which specifically details the conditions of this Paragraph 6. 8. Waiver of Claims. Owner acknowledges City's ownership of the Permit Property and knowingly waives any and all claims against the City related to Owner's use of the Permit Property, including but not limited to claims of abandonment and contractual claims arising out of this Permit Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. 9. Condition of Property. Owner accepts the Permit Property "as is" and the City makes no warranties regarding the conditions of the Permit Property or the suitability of the Permit Property for Owner's purposes. 10. Binding Effect. This Permit Agreement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, successors, or assigns. 11. Whole Agreement: Modification. This Permit Agreement contains all of the terms and conditions relating to the permit granted herein, and replaces any oral agreements or other negotiations between the parties relating to the permit. No modifications to this Permit Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 12. Office of the Recordation. Owner shall cause this Permit Agreement to be recorded in the County Recorder at their cost and expense. 46241 3 .; '. .. t' IN WITNESS WHEREOF, the parties have executed this Permit Agreement as of the date first above written. CITY OF PRIOR LAKE OWNER(S) By: By: ) )ss. ) COUNTY OF The foregoing instrument was acknowledged before me this day of , 19_, by Lydia Andren and Frank Boyles, the Mayor and City Manager respectively of the City of Prior Lake, on behalf of the City of Prior Lake through authority granted by its City Council. STATE OF MINNESOTA ) )ss. COUNTY OF ) Notary Public The foregoing instrument was , 19_, by and on behalf of the [corporation/partnership]. acknowledged before me this and , respectively of day of the Notary Public This Instrument Drafted By: Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 (612) 452-5000 46241 4 ~'-'r,;;; .....-i- ,I.,t.~!:~...!.o'-"" "";'''~,';;'~~--,_~'''k'>''''''-.:,, ...:' ,"-~-..'- "', ^ August 16, 1999 Scott County Recorder's Office 200 Fourth Avenue West Shakopee,~ 55379 Enclosed for filing are true and correct copies of the Preliminary Agreement for Developer's Contract for Health Systems Minnesota (park Nicollet Medical Clinic) and the City of Prior Lake. Please send your statement with the recorded document to my attention. Thank you. ~. YlYlJlt onnie Carlson Planning Dept. Secret'ary ene. 16200 ~aGreek Ave. S.E., Prior Lake, MinnesotapW3V2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Project #97-030 Health Systems Minnesota - Park Nicollet Medical Clinic STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copy of Preliminary Agreement for Development Contract with attachments Dated this /0 day of August, 1999. (City Seal) I:ldcptworklblankfrmltruecopy.doc PRELIMINARY AGREEMENT FOR DEVELOPMENT CONTRACT This Agreement is entered into this ~ day of~, 1997 by and between the City of Prior Lake, a municipal corporation (hereinafter referred to as "CITY"), and HealthSystem Minnesota, a Minnesota nonprofit corporation (hereinafter referred to as "DEVELOPER"). WHEREAS, DEVELOPER is claiming the ownership of certain property located in the City of Prior Lake, Minnesota, legally described and depicted on the attached Exhibit A, (hereinafter referred to as "PARCEL A"); and WHEREAS, PARCEL A is adjacent and contiguous to certain property owned by DEVELOPER located in the City of Prior Lake, Minnesota, legally described and depicted on the attached Exhibit A, (hereinafter referred to as "PARCEL B"); and WHEREAS, DEVELOPER wishes to proceed to develop PARCEL A at the present time; and WHEREAS, platting PARCEL A and PARCEL B would delay DEVELOPER'S present plans to develop PARCEL A; and WHEREAS, CITY and DEVELOPER wish to cooperate in order not to delay or impede the development of PARCEL A, while at the same time maintaining the greatest degree of flexibility in the event PARCEL B is developed at a later time; and WHEREAS, DEVELOPER desires to avoid duplicated expenditures connected with the development of PARCEL A and future development of PARCEL B. NOW, THEREFORE, be it resolved that in consideration of the mutual promises, assurances and covenants, the sufficiency of which is not disputed that: 1. The recitals set forth above are incorporated as if fully set forth herein. 2. The DEVELOPER or its Consulting Engineer shall be responsible for providing all construction services inclluding, but not limited to: (b) (c) (d) Inspection of public improvement systems within the easement areas described in Exhibit B attached hereto and made a part hereof, which include grading, sanitary sewer, watermain, storm sewer/ponding and street system; Documentation of construction work and all testing of improvements; Construction quantities; Project Testing: The DEVELOPER is responsible through its testing company, at the DEVELOPER's cost, to provide sufficient testing to enable the DEVELOPER's consulting engineer to certify that the public improvements constructed within the easement areas described in the attached Exhibit B were completed in compliance with (a) 48440 1 the applicable approved final plans and/or current City specifications. The personnel performing the testing shall be certified by the Minnesota Department of Transportation. The City Engineer may require additional testing if, in his opinion, adequate testing is not being performed. The cost of additional testing is to be paid by the DEVELOPER; (e) All improvements are subject to approval by the City Engineer. 3. When PARCEL A is developed, DEVELOPER will construct a 9-ton road in the area cross- hatched on the attached Exhibit A with curb, gutter, sanitary sewer, watermain and storm sewer from Franklin Road to the clinic driveway. The CITY will reimburse DEVELOPER (a) for the cost difference to oversize the road from a 7 -ton capacity to a 9-ton capacity, and (b) for the cost difference to oversize utility service from the utility service necessary to serve Parcel B at the time Parcel B is developed. 4. When Parcel B is developed, the CITY agrees to reimburse DEVELOPER the cost to oversize the road, sanitary sewer, storm sewer and water serving Parcel B. 5. The DEVELOPER will convey and the CITY will accept a drainage easement for a storm water retention pond and several utility and drainage easements the location of which is legally described on the attached and made a part hereof as Exhibit B. 6. Upon conveyance by the DEVELOPER of the easement areas legally described in Exhibit B, the CITY will be responsible for any future repair, maintenance and, if necessary, replacement of the pipes, conduits and other public improvements constructed in these easement areas. 7. The CITY will defer collection of its trunk sewer and water fees for PARCEL A until development of PARCEL B or until January 1, 2002, whichever occurs first. The amount of fees to be collected will be based on the rate of the trunk sewer and water fee at the time PARCEL B is developed. The fees will be calculated on Parcels A and B, less any right-of-way dedicated to the CITY. 8. DEVELOPER agrees to plat PARCELS A and B as one plat prior to, or at the time of any development of PARCEL B. 9. CITY agrees to calculate all applicable area charges and fees, with the exception of trunk sewer and water, based solely on the acreage of PARCEL B. 10. The DEVELOPER intends to construct in the general area shown on the attached Exhibit A, which location is subject to CITY approval, one (1) illuminated identification and directional sign and to install all necessary utilities to serve said sign. Upon the granting or dedicating to the CITY of an easement for public street purposes in, over, under and across the area where such sign and the utilities serving same are located, the CITY agrees, subject to negotiation of a separate "Permit Agreement for the Private Use of Public Property", in substantially the form of Exhibit C attached hereto and made a part hereof, to permit the DEVELOPER to continue use of the area where the sign and the utilities servicing the same are located and such additional areas necessary to service, repair, maintain, replace or reconstruct such sign and utilities. Except for the location of the identification and directional sign, the sign must in all other respects comply with the CITY's sign ordinance in effect at the time DEVELOPER applies for 48440 2 a signed permit. 11. The CITY will permit the DEVELOPER to name the 9-ton road referenced in paragraph 3 of this Agreement. 12. This Agreement will become null and void at the time a final plat encompassing PARCEL A and PARCEL B is approved by the City Council. 13. Any amendment to the Agreement must be in writing, and authorized by the City Council. 14. 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. 15. This Agreement shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER: HEALTHSYSTEMMINNESOTA BY:~ Its : ..:::;t- CITY OF PRIOR LAKE '\ 48440 3 APPROVED FOR FORM & EXECUTION By: ~tu-IJuP Suesan Lea Pace, City Attorney REVIEWED FOR ADMINISTRATION By: STATE OF MINNESOTA) -J, IL .. hI A ~ 2,;.s, COUNTY O~I'L e oing instrument was acknowledged before me this fl't;;y of f7f", ~~. , 1991, by , the ~ \J.P. of HEALTHSYSTE~OTA, a M' esola orporation, on behalf of lbe corporation, tJ, ~ t7(., L!f~~. '8 MARSHA W. BALLARD , STATE OF MINNESOTA ) . O!J NOTARYPUBUC-MINNESOTA HENNEPIN COUNTY ~ .h J -t... ,I ) ss. My Commission Expires Jan. 31, 2000 COUNTYOF\~, ) ",. . The foregoing instrument was acknowledged before me this $ day Of~ ,!99?!J by Lydia Andren, and Frank Boyles, the Mayor and City Manager, respectively, 0 he CITY OF PRIOR LAKE, a Minnesota municipal corporation, on behalf of the corporation through the authority given by its City Council. fdJttddlJfl, Notary Public THIS INSTRUMENT WAS DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 1380 Corporate Center Curve 317 Eagandale Office Center Eagan, MN 55121 48440 4 Land Surveyors Plan(lers EXHIBIT A Valley Surveying Co., P. A. (612) 447-2570 Suite 120C 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 May 19, 1997 DESCRIPl'ION PARCEL A: That part of the West Half of the Southeast OJarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follOW's: Canmencing at the southeast corner of said West Half of the Southeast QJarter; thence North 00 degrees 05 minutes 00 seconds West (assumed bearing) along the east line of said West Half of the Southeast Quarter a distance of 1677.13 feet; thence South 89 degrees 55 minutes 00 seconds West a distance of 214.04 feet to the ~int of beginning of the land to be described; thence South 00 degrees 05 minutes 00 seconds East a distance of 200..00 feet; thence South 50 degrees 55 minutes 21 seconda West a distance of 413.25 feet; thence South 89 degrees 55 minutes 00 aeconds West a distance of 160.00 feet to the west line of the east 700.00 feet of said West Half of the Southeast Quarter; thence North 00 degrees 05 minutes 00 seconds West along said west line a distance of 460.00 feet to the southeasterly right--of~y line of state Trunk Highway No. 13; thence northeasterly along said right-of-way line a distance of 0.05 feet to the intersection with a line drawn South 89 degrees 55 minutes 00 seconda West from the point of begiMing i thence North 89 degrees 55 minutes 00 aeconds East a distance of 481.14 feet to the p:>int of beginning.. Containing 4.123 acres I hereby certify that this description was prepared by me and that I am a dilly licensed Land Surveyor Z~7~;=esota. R"onald A. Svaoson, Land Surveyor Minnesota ~egistration No. 10183 Dated this 19th day of May, 1997 file no. 8421 Land Surveyors Planners EXHIBIT A Valley Surveying Co., P. A. (612) 447-2570 May 19,1997 Suite 120C '6670 Franklin Trail S.E. Prior Lake, Minnesota 55372 DESCRIPrION FOR PARCEL B: That part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott COunty, Minnesota, described as follows: Conmencing at the southeast corner of said West Half of the Southeast Quarter; thence North 00 degrees 05 minutes 00 seconds West (assumed bearing) along the east line of said West Half of the Southeast Quarter a distance of 1677.13 feet: thence South 89 degrees 55 minutes 00 seconds West a distance of 4.78 feet to the point of beginning of the land to be described: thence continuing South 89 degrees 55 minutes 00 seconds West a distance of 209.26 feet; thence South 00 degrees OS minutes 00 seconds East a distance of 200.00 feet: thence South 50 degrees 55 minutes 21 seconds West a distance of 413.25 feet; thence south 89 degrees 55 minutes 00 seconds West a distance of 160.00 feet to the west line of the east 700.00 feet of said West Half of the SOutheast Quarter; thence South 00 degrees OS minutes 00 seconds East along said west line a distance of 239.97 feet to the intersection uith a line drawn South 89 degrees 55 minutes 00 seconds West from a point on the east line of said West Half of the Southeast Quarter distant 977.13 feet north of the southeast corner: thence North 89 degrees 55 minutes 00 seconds East along saio line a distance of 697.21 feet: thence North 00 degrees 14 minutes 48 seconds West a distance of 700 feet more or less to the FOint .of beginning. To::Jether with that part of said West Half of the Southeast Quarter described as follows: Commencing at the southeast corner of said West Half of the Southeast Quarter; thence North 00 degrees 04 minutes 48 seconds East (assumed bearing) along the east line of said West Half of the Southeast Quarter a distance of 1677.36 feet to a point hereinafter referred to as point "B": thence continuing North 00 de<3rees 04 minutes 48 seconds East along said east line a distance of 263.64 feet to the intersection ~ith a line dra~ parallel uith ar~ distant 33-00 feet southerly (as measured at right angles) of the centerline of County Road No. 39 (Franklin Trail): thence South 87 degrees 16 minutes 00 seconds West along said parallel line a distance of 5.51 feet more or less to the intersection with a line dra~ North 00 degrees 05 minutes 00 seconds West from the southeast corner of said West Half of the Southeast Quarter: thence continuing South 87 degrees 16 minutes 00 seconds West along said parallel line a dist~lce of 150.00 feet to the point of beginning of the land to be described: thence continuing South 87 continued EXHIBIT A SHEET 2, OF PARCEL B: degrees 16 minutes 00 seconds West a distance of 60.56 feet more or less to the intersection with a line drawn parallel with and distant 215.84 feet westerly as measured at right angles to said east line; thence South 00 degrees 04 minutes 48 seconds West parallel with said east line a distance of 253.64 feet to the intersection with a line drawn South 89 degrees 55 minutes 00 seconds West from the above referenced point liB"; thence North 89 degrees 55 minutes 00 seconds East along said line a distance of 61.12 feet to the intersection with a line dra'Wl'l South 00 degrees 05 minutes 00 seconds East from the point of beginning: thence North 00 degrees 05 minutes 00 seconds West a distance of 256.44 feet to the point of beginning. All of the above containing 11.605 acres. wan son I Lan Registration No. file no. 8030XX TOTf~L F'. 03 Land Surveyors Planners EXHIBIT B Valley Surveying Co., P. A. May 19, 1997 Suite 120C 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 (612) 447-2570 Re: Utility and drainage easements to be deeded to the City of Prior Lake: OESCRIPl'IQN: An easement to constmc::t, operate, maintain and repair public utility and drainage systems over, under and across that part of the West Half of the Southeast Quarter of Section 2, 'l'ownship 114, Range 22, Scott County, Minnesota, described as follows: A strip of land 40.00 feet in width the centerline of which is described as follows: Commencing at the southeast corner of said West Half of the Southeast Quarter; thence North 00 dEi:!9rees 04 minutes 48 seconds East (assumed bearing) along the east line of said West Half of the Southeast Quarter a distance of 1542.28 feet; thence South 89 degrees 05 minutes 00 seconds west a distance of 187.24 feet to the point of beginning of the centerline to be described; thence North 00 degrees 05 minutes 00 seconds West a distance of 45.00 feet to a point hereinafter ceferred to as feint. "A"; thence continuing North 00 degrees OS minutes 00 seconds West a distance of 345.00 feet more or less to the southerly right-of-way line of County Road No. 39 (Franklin Trail) and there terminating. Together with a strip of land 20.00 feet in width the centerline of which is described as follows: Beginning at the above referenced point "All; thence North 89 degrees 55 minutes 12 seconds West a distance of 202.00 feet and there terminating. I hereby certify that this easement description was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the l~~Z:~ ~ld A. Swanson, Land surveyor---- Minnesota Registration No. 10183 Dated this 19th day of May, 1997 file no. 8421 Land Surveyors Planners EXHIBIT B Valley Surveying Co., P. A. (612). 447-2570 April 10, 1997 SUlt8120C 16670 Franklin Trail S.E. PrIor Lake, Minnesota 55372 Re: Utility and drainage easements to be deeded to the City of Prior Lake: DESClUPrION: An easement to construct, operate, maintain and repair public utility and "drainage systems over, - under and across that part of tOe We~t Half of the Southeast Quarter of Section .2, TownShip 114, Range 22, Scott County, Minnesota, described as follows: A strip of land 20.00 feet in width the centerline of ~ich is described as follOW's: Commencing at the 'in~ersection of the west line of the east 700.00 feet of said West Half of the Southeast Quarter, uith the southeasterly right-of-way line of State Trunk-High~ay No; 13; thence South 00 degrees 05 minutes 00 seconds East (assumed bearing) along said vest line a distance of 436.00 feet; thence North 50 degrees st minutes 04 seconds East a distance -of 121.33 feet to the point of beginhing of the centerline to be described; thence continuing North 50 degrees 57 minutes 04 seConds East a distance of .341.00 feet and there terminating. Together with .that piatt of said West Half of the sOutheast Quarter described as follOW's: Beginning at the above described ~int of commencement; thence southerly along said west line of the east 700.00 feet a distance of 285.00 feet: thence easterly at right angles a distance of 25.00 feet; thence northerly at right angles a distance of 96.00 feet; thence easterly at right angles a distance of 23.00 feet; thence northerly at right angles a diE;ltance of 31.00 feet; thence westerly at right angles a distance of 23.00 feet; thence northel::'ly at right angles a distance of IS8~03 feet; thence -westerly at right angles to the southeasterly right-of-way line of said State Trunk Highway.No. 13; thence southwesterly along said right-of-way line to the point of-beginning. I he~e~ certify that this easement description was pr~pal::'ed py me or:- under my direct supervision and that I am a duly licensed Land Surveyor under the laws the Sta 0 Minnesota. on . A~ Swanson, Land Surveyo Minnesota Registration No. 10183 Dated thi3 10~ day of April,1997 file no. 8421 Land Sul'\teyors Planners EXHIBIT B Valley Surveying Co., P. A. (612) 447-2570 April 10, 1997 Suite 120C 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 Re: drainage easement to be deeded to the City of Prior Lake: DESCRIl?TI~: An easement to construct, operate, maintain and repair public utility and drainage system over, under "and a9rQss that part of the West Half of the Southeast C;Uarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Cc::mnencing at the intersection of the \lest line of the east 700.00 feet of said West Half of the Southeast Qua~ter, with the southeasterly right~f-way line of State Trunk Highway No. 13; thence South 00 degrees 05 minutes 00 seconds East (assumed bearing) along said west line a distance of 260.00 feet to the point of beginning of the easement to' be described; thence continUing South 00 degrees 05 minutes 00 seconds East a distance of 203.00 feet: thence North 89 degrees 55 minutes 00 seconds East a distance of 164.00 feet; thence North 21 degrees 24 minutes i4 seconds East a distance of 46.89 feet; thence North 39 degrees 02 minutes 56 seconds West a distance of 204.97 feet; thence South 89 degrees 55 minutes 00 seconds West a distance of 52.28 feet to the point of beginnin9~ I he~e9Y certify that this easement description ~s prepared" by me or under my direct supervision and that I am a duly licensed Land Surveyor under the 1?~n4~l::: Ronald A. SWa.nson, Land Survey.or Minnesota Registration No. 10183 Dated thi3 10th day of April,1997 tile no. 8421 EXHIBIT C PERMIT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY THIS AGREEMENT is made and entered into this day of 1997, by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation (hereinafter referred to as "City"), and , [husband and wife; a partnership; a corporation] (hereinafter referred to as "Owner"). RECITALS WHEREAS, Owner is the fee owner of a tract of land in Scott County, located at , and legally described as follows: [LEGAL] (hereinafter referred to as "Owner's Property"); and WHEREAS, the City is the owner of property, legally described as follows: [LEGAL] and; WHEREAS, a portion of the serving Owner's Property encroaches on a portion of the property abutting Owner's property, as described on Exhibit A attached hereto (the encroached portion of the property hereinafter referred to as the "Permit Property"); and -OR- WHEREAS, Owner wishes to use the Permit Property for ; and WHEREAS, Owners have requested the City to authorize continued use of the Permit Property for purposes; and WHEREAS, such continued use of the Permit Property is not inconsistent with current use of the property by the City and the public; and WHEREAS, the City may in the future desire to use the Permit Property for other purposes which are not consistent with Owners use of the Permit Property, and therefore the City intends to retain all of its right, title, and interest in the Permit Property; 46241 1 NOW, THEREFORE, the parties agree as follows: 1. Permit. Owners shall be permitted to use the Permit Property for purposes at Owner's sole expense and risk, and with full knowledge that the City may, upon notice as provided herein, require Owner's to be removed from the Permit Property at any future date, at Owner's sole expense. The Permit Property must be kept open to public use at all times, and no fence or other obstruction may be placed on the Permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 2. Maintenance of Permit Property: Modification. Owner shall maintain the Permit Property in good condition at all times, at their sole cost and expense. If Owner fails to do so, the City may cause the necessary repair or maintenance to be done at Owner's cost. If Owner fails to pay the City for such costs, the City may assess the costs against Owner's Property. Owner shall not make any modifications to the or otherwise modify the Permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 3. Termination. In the event the City desires to use the Permit Property for a purpose which is inconsistent with use by Owner, to be determined in the City's sole discretion, or in the event Owner fails to comply with any requirement of this Agreement within sixty (60) days after receiving a notice from the City requesting such compliance, the City through its City Manager may terminate this Permit Agreement by giving ninety (90) days written notice of termination to Owner by certified mail at the following address: Such notice may, at the City's option, require Owner to completely remove the from the Permit Property within said ninety (90) day notice period, including all debris. If this Permit Agreement is terminated by the City as provided herein, Owner will be solely responsible for all costs and expenses related to construction of a which is located on Owner's Property, in accordance with all City Ordinances. If Owner fails to remove the as required by a proper notice of termination, the City may cause the removal to be done and the costs of such work shall be paid by Owner. If Owner fails to pay the City for such costs, the City may assess the costs against the Owner's Property. 4. Consent to Special Assessment. Owner hereby acknowledges and consents to the City's right to specially assess any costs incurred by the City for any repair or maintenance performed pursuant to Paragraph 2 of this Permit Agreement, or any costs incurred by the City to remove Owner's from the Permit Property pursuant to Paragraph 3 of this Permit Agreement. Owner waives any right to protest or appeal any special assessment levied pursuant to this Permit Agreement. 5. Future Development. Owner understands and acknowledges that the City may utilize the Permit Property at some future date and in the sole discretion of the City. In the 46241 2 event the City undertakes such development, and if this Permit Agreement is not terminated by the City as provided above, Owner agrees to cooperate with the City as necessary to facilitate City's use of the Permit Property, and the City agrees to use its best efforts to accommodate Owner's use of the Permit Property for the purposes stated herein. 6. Indemnity. Owner shall defend, indemnify, and hold harmless the City and its employees, subcontractors, attorneys, agents, and representatives from and against all claims, damages, losses, costs and expenses, including attorney's fees, which may be incurred by or asserted against the City or for which the City may be held liable, which arise out of or result from use of the Permit Property for purposes, including but not limited to the maintenance, repair or removal of Owner's , except liability caused solely by the negligence of the City. 7. Insurance. As long as this Permit Agreement is in existence, Owner shall maintain a general liability insurance policy which provides coverage for the Permit Property for any damage to property of others or injuries to persons. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than One Million dollars ($1,000,000), and shall include contractual liability coverage to provide coverage for the indemnification provision in Paragraph 6 above. Said policy shall name the City as an additional insured, and shall contain a clause which provides that the insurer will not cancel, non-renew, or materially change the policy without first giving the City thirty (30) days prior written notice. Owner shall provide the City with a Certificate of Insurance for said policy which specifically details the conditions of this Paragraph 6. 8. Waiver of Claims. Owner acknowledges City's ownership of the Permit Property and knowingly waives any and all claims against the City related to Owner's use of the Permit Property, including but not limited to claims of abandonment and contractual claims arising out of this Permit Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. 9. Condition of Property. Owner accepts the Permit Property II as is II and the City makes no warranties regarding the conditions of the Permit Property or the suitability of the Permit Property for Owner's purposes. 10. Binding Effect. This Permit Agreement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, successors, or assigns. 11. Whole Agreement: Modification. This Permit Agreement contains all of the terms and conditions relating to the permit granted herein, and replaces any oral agreements or other negotiations between the parties relating to the permit. No modifications to this Permit Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 12. Office of the Recordation. Owner shall cause this Permit Agreement to be recorded in the County Recorder at their cost and expense. 46241 3 IN WITNESS WHEREOF, the parties have executed this Permit Agreement as of the date first above written. CITY OF PRIOR LAKE OWNER(S) By: By: ) )ss. ) COUNTY OF The foregoing instrument was acknowledged before me this day of , 19_, by Lydia Andren and Frank Boyles, the Mayor and City Manager respectively of the City of Prior Lake, on behalf of the City of Prior Lake through authority granted by its City Council. STATE OF MINNESOTA ) )ss. COUNTY OF ) Notary Public The foregoing instrument was 19 , by and on behalf of the [corporation/partnership]. acknowledged before me this and , respectively of day of the Notary Public This Instrument Drafted By: Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 (612) 452-5000 46241 4 I . , AMENDMENT TO PRELIMINARY AGREEMENT FOR DEVELOPMENT CONTRACT This Agreement is entered into this day of , 1998 by and between the City of Prior Lake, a municipal corporation (hereinafter referred to as "CITY"), and HealthSystem Minnesota, a Minnesota nonprofit corporation (hereinafter referred to as "DEVELOPER"). RECITALS A. The City and Developer have previously entered into an Agreement dated May 19, 1997, entitled "Preliminary Agreement for Development Contract" ("the Agreement"). B. Developer and the City desire to amend the Agreement. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. The Agreement shall remain in full force and effective except as specifically modified by this Amendment. 2. "Exhibit A" to the agreement is amended by substituting new "Exhibit A" as attached hereto. IN WITNESS WHEREOF, this Amendment has been executed on the day and year first above written. DEVELOPER: HEALTHSYSTEMMINNESOTA CITY OF PRIOR LAKE By: Its: By: Wesley M. Mader, Mayor By: Frank Boyles, City Manager 60240 ~. APPROVED FOR FORM & EXECUTION By: Suesan Lea Pace, City Attorney REVIEWED FOR ADMINISTRATION By: Greg Illka, City Engineer STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 199_, by , the of HEALTHSYSTEM MINNESOTA, a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 199_, by Wesley M. Mader, and Frank Boyles, the Mayor and City Manager, respectively, of the CITY OF PRIOR LAKE, a Minnesota municipal corporation, on behalf of the corporation through the authority given by its City Council. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association 1380 Corporate Center Curve 317 Eagandale Office Center Eagan, MN 55121 60240 2 ... 11'\ " .... ('I\h:'o~\-\\~" PARCEL A: That part af the West Half of the Southeast Quarter af Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at a point on the east line of said West Half of the Southeast Quarter, distant 1677.13 feet north of the southeast corner thereof (said east line to bear North o degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet; thence South 0 degrees 37 minutes 17 seconds West a distance of 700.00 feet to the intersection with a line drawn at right angle to said east line of the West Half of the Southeast Quarter from a point on said east line distant 700.00 feet southerly of the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 700.00 feet; thence North 0 degrees 37 minutes 17 seconds East a distance af 239.96 feet to the point af beginning of the land to be described; thence South 89 degrees 12 minutes 57 seconds East a distance of 168.25 feet; thence North 51 degrees 47 minutes 24 seconds East a distance of 413.25 feet; thence North 0 degrees 47 minutes 03 secands East a distance of 200.00 feet to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of cammencement; thence North 89 degrees 12 minutes 57 seconds West a distance af 485.51 feet to the southeasterly right-of-way of Highway No. 13; thence Southwesterly a distance of 6.68 feet along said right-of-way to the intersection with a line that bears North 0 degrees 37 minutes 17 seconds East from the point of beginning; thence South 0 degrees 37 minutes 17 seconds West a distance of 455.87 feet to the point of beginning. .. ~' . '" :... < 1 to PARCEL B: That part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at a point on the east line of said West Half of the Southeast Quarter, distant 1677.13 feet north of the southeast corner thereof (said east line to bear North o degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 secands West a distance of 4.78 feet to the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17 seconds West a distance of 700.00 feet to the intersection with a line drawn at right angle to said east line of the West Half of the Southeast Quarter from a point on said east line distant 700.00 feet southerly of the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance af 700.00 feet; thence North 0 degrees 37 minutes 17 seconds East a distance of 239.96 feet; thence South 89 degrees 12 minutes 57 seconds East a distance of 168.25 feet; Thence North 51 degrees 47 minutes 24 seconds East a distance of 413.25 feet; thence North 0 degrees 47 minutes 03 seconds East a distance of 200.00 feet to the intersection with a line that bears Narth 89 degrees 12 minutes 57 seconds West from the point of beginning; thence South 89 degrees 12 minutes 57 seconds East a distance of 209.26 feet to the point of beginning. Together with that part of said West Half of the Southeast Quarter of Section 2 described as follows: Commencing at a point on the east line of said West Half of the Southeast Quarter, distant 1677.13 feet north of the southeast corner thereof (said east line to bear North o degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to a line which bears North 0 degrees 37 minutes 17 seconds East from the southeast corner of said West Half of the Southeast Quarter; thence North 0 degrees 37 minutes 17 seconds East 0 distance of 263.95 feet, more or less, to the southerly right-of-way line of County Roa"d No. 39 (Franklin Trail); thence westerly along said southerly right-of-way line a distance of 150.00 feet to the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17.seconds West a distance of 256.44 feet to the intersection with 0 line that bears North 89 degrees 12 minutes 57 seconds West from the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 61.25 feet to the intersection with a line 215.84 feet westerly, as measured at right angles, of said east line of the West Half of the Southeast Quarter; thence North 0 degrees 47 minutes 03 seconds East parallel with said east line a distance of 253.41 feet to the intersection with said southerly right-of-way line of County Road No. 39 (Franklin Trail); thence eosterly along said southerly right-of-way line a distance of 60.57 feet to the point of beginning. 04/30/97 WED 14:35 FAX 612 452 5550 C K ~ 0_ 1:' III 009 SAMPLE AGREEMENT NOW, THEREFORE, the parties agree as follows; 1. Permit. Owners shall be pennitted to use the Permit Property for purposes at Owner's sole expense and risk, and with full knowledge that the City may, upon notice as provided herein, require Owner's to be removed from the Permit Property at any future date, at Owner's sole expense. The Permit Property must be kept open to public use at all times, and no fence or other obstruction may be placed on the Permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 2. Maintenance of Permit Propertv: Modification. Owner shall maintain the Permit Property in good condition at all times, at their sole cost and expense. If Owner fails to do so, the City may cause the necessary repair or maintenance to be done at Owner's cost. If Owner fails to pay the City for such costs, the City may assess the costs against Owner's Property. Owner shall not make any modifications to the or otherwise modify the Permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 3. Termination. In the event the City desires to use the Permit Property for a purpose which is inconsistent with use by Owner, to be determined in the City's sole discretion, or in the event Owner fails to comply with any requirement of this Agreement within sixty (60) days after receiving a notice from the City requesting such compliance, the City through its City Manager may terminate this Permit Agreement by giving ninety (90) days written notice of termination to Owner by certified mail at the following address: . Such notice may, at the City's option, require Owner to completely remove the from the Pennit Property within said ninety (90) day notice period, including all debris. If this Pennit Agreement is terminated by the City as provided herein, Owner will be solely responsible for all costs and expenses related to construction of a which is located on Owner's Property, in accordance with all City Ordinances. If Owner fails to remove the as required by a proper notice of termination, the City may cause the removal to be done and the costs of such work shall be paid by Owner. If Owner fails to pay the City for such costs, the City may assess the costs against the Owner's Property . 4. Consent to Special Assessment. Owner hereby acknowledges and consents to the City's right to specially assess any costs incurred by the City for any repair or maintenance performed pursuant to Paragraph 2 of this Pennit Agreement, or any costs incurred by the City to remove Owner's from the Permit Property pursuant to Paragraph 3 of this Permit Agreement. Owner waives any right to protest or appeal any special assessment levied pursuant to this Permit Agreement. 5. Future Development. Owner understands and acknowledges that the City may utilize the Permit Property at some future date and in the sole discretion of the City. In the '62'1 2 04/30/97 WED 14:36 FAX 612 452 5550 C K S & r SAMPLE AGREEMENT event the City undertakes such development~ and if this Permit Agreement is not terminated by the City as provided above, Owner agrees to cooperate with the City as necessary to facilitate City's use of the Permit Property, and the City agrees to use its best efforts to accommodate Owner's use of the Permit Property for the purposes stated herein. 6. Indemnity. Owner shall defend, indemnify, and hold harmless the City and its employees, subcontractors, attorneys, agents, and representatives from and against all claims, damages, losses, costs and expenses, inclUding attorney's fees, which may be incurred by or asserted against the City or for which the City may be held liable, which arise out of or result from use of the Permit Property for purposes, including but not limited to the maintenance, repair or removal of Owner's , except liability caused solely by the negligence of the City. 7. Insurance. As long as this Permit Agreement is in existence, Owner shall maintain a general liability insurance policy which provides coverage for the Permit Property for any damage to property of others or injuries to persons. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than One Million dollars ($1,000.000), and shall include contractual liability coverage to provide coverage for the indemnification provision in Paragraph 6 above. Said policy shall name the City as an additional insured, and shall contain a clause which provides that the insurer will not cancel, non-renew, or materially change the policy without first giving the City thirty (30) days prior written notice. Owner shall provide the City with a Certificate of Insurance for said policy which specifically details the conditions of this Paragraph 6. 8. Waiver of Claims. Owner acknowledges City's ownership of the Permit Property and knowingly waives any and all claims against the City related to Owner's use of the Permit Property, including but not limited to claims of abandonment and contractual claims arising out of this Permit Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. 9. Condition of Pronertv. Owner accepts the Permit Property "as is" and the City makes no warranties regarding the conditions of the Permit Property or the suitability of the Permit Property for Owner's purposes. 10. Binding Eff~t. This Permit Agreement shall ron with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs. successors, or assigns. 11. Whole Agreement: Modification. This Permit Agreement contains all of the terms and conditions relating to the permit granted herein, and replaces any oral agreements or other negotiations between the parties relating to the permit. No modifications to this Permit Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 12. Office of the Recordation. Owner shall cause this Permit Agreement to be recorded in the County Recorder at their cost and expense. 46241 3 04/30/97 WED 14:36 FAX 612 452 5550 C F SAMPLE AGREEMENT IN WITNESS WHEREOF, the parties have executed this Permit Agreement as of the date fIrst above written. CITY OF PRIOR LAKE OWNER(S) By: Lydia Andren, Mayor By: Frank Boyles. City Manager STATE OF MINNESOTA ) )&8. COUNTY OF ) The foregoing instrument was acknowledged before me this day of I 19_, by Lydia Andren and Frank Boyles, the Mayor and City Manager respectively of the City of Prior Lake, on behalf of the City of Prior Lake through authority granted by its City Council. Nota:ry Public STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was , 19_, by and on behalf of the [corporation/partnership]. acknowledged before me this and . respectively of day of , the Notary Public This In$trurnent Draftea By: Campbell, Knutson, Scott &: Fuchs. P.A. 317 Eaganclale Office Center 1380 Corporation Center Curve Eagan. Mbmesota 55121 (612) 452-5000 46241 4 04/22/98 WED 10:27 FAX 6123407800 DORSEY WHITNEY I4J 001 DORSEY & WHITNEY LLP PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLrs, MINNESOTA 55402 FACSIMILE COVER SHEET (612) 340.7800 THE INFORMA TION CONTAINED IN THIS FACSIMILE MESSAGE IS LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION lNTENDED SOLELY FOR THE USE OF THE PERSONS OR ENTmES NAMED BELOW. IF YOU ARE NOT SUCH PERSONS OR ENTITIES, DO NOT READ THE MESSAGE BELOW. ANY DISTRIBUTION, DISSEMINATION OR. REPRODUCTION OF THIS FACSIMILE MESSAGE IS STRlCTL Y PROHIBITED. IF YOU HA VB RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIA TEL Y CALL US COLLECT AT (612) 340-2872. Date: April 22, 1998 Total N\lmber of Pages (including this cover sheet): 9 TO: Jane Kanzier FAX # 447-4245 FIRM NAME: City of Prior Lake LoeA nON: Prior Lake, MN TELEPHONE #: 447-4230 FROM: Lorraine Pdndle TELEPHONE NUMBER: 612/340.8830 COMMENTS: Re: HealthSystems Land Preliminary Development Agreementl Land Title Registration j2 "2 _~ ~ Originator's Signature Onginal will be sent via (c:irc:le one): Mail Mesaenger Air Courier ~ot b-;-~ PLEASE CONTACT FACSIMILE OPERATOR r..pRRAINE AT (612) 340-2970 IF TRANSMISSION IS INCOMPLETE OR CANNOT BE READ. Reference # 8896/439331-42 04/22/98 WED 10:27 FAX 6123407800 DORSEY WHITNEY ~002 DORSEY & WHITNEY LLP "'INNE^~OLI5 LONDON PILLS>>URY Ct;NTI!R SOUTH 220 SOUTIi SIXTH STREET MINNE^POLlS, MINNliSOTA SS40Z-1498 TELEPHONt;; (612) .340-2600 fAx: (612) 340-2868 NE....'I'OFl.1< ,",....SH1NCTON. [;l.C. /;)IN'VE... B"'U!lSBLS sa"TTLE HONe;: KONC FARCO DI!S MOl NilS BILLlNCS ll.OCHESTIl.... COST" HES^ LORR.AINE I>aINJ)LE P~EG.\L (612) ~"'" Faz: (612) 34Oo'nlOO MI$SOUL" C"'e^T f..LLS April 21, 1998 Mr. Matthew K. Brokl Campbell Knutson 1380 Corporate Center Curve Suite 317 Eagan, MN 55121 RE: HealthSystem Minnesota/Prior Lake, MN Dear Mr. Brokl: In connection with the Preliminary Agreement for Development Contract dated May 19, 1997 between HealthSystem Minnesota and the City of Prior Lake, enclosed are the following documents: 1. Legal description of HealthSystem property to be used in the land title registration, District Court File No. 96-07282, approved by Scott County Examiner of Titles. 2. Revised Exhibit A to the Preliminary Agreement. which describes parcels A and B of this property based upon the above legal description. 3. Exhibit B to the Preliminary Agreement, the descriptions of the utility and drainage easements which were not revised_ 04/22/98 WED 10:27 FAX 6123407800 DORSEY WHITNEY ~003 Please do not hesitate to contact us if you have any further questions regarding the legal description of the HealthSystem property or the exhibits to the Development Contract. Very truly yours, ~ - O' '.v...n -'17 Lorraine Prindle Paralegal cc: Philip Boelter Jane Kanzier James Schmeckpeper DORSEY & WHITNEY LLP 04/22/98 WED 10:28 FAX 6123407800 DORSEY WHITNEY ~004 EXHIBIT A LEGAL DESCRIPTION That part of the West Half of the Southeast Quarter of Section 2, Township' 114, Range 22, Scott County, Minnesota, described as follows: Commencing at a point on the east line of said West Half of the Southeast' Quarter distant 1677.13 feet north of the southeast comer thereof (said east line to bear North 0 degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to the East line of the West Half as monumented by the plat of Prior South being the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17 seconds West a distance of 700.00 feet to the intersection with a line drawn at right angles to said east line of the West Half of the Southeast Quarter from a point on said east line distant 700.00 feet southerly of the point of commencementi thence North 89 degrees 12 minutest 57 seconds West a distance of 700.00 feet; thence North 0 degrees 37 minutes 17 seconds East a distance of 695.83 feet to the southeasterly right-of- way of Highway No. 13; thence northeasterly a distance of 6.68 feet along said right-of-way to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of beginning; thence South 89 degrees 12 minutes 57 seconds East a distance of 694.77 feet to the point of beginning. Together with that part of said West Half of the Southeast Quarter of Section 2 described as follows; Commencing at a point on the east line of said West Half of the Southeast QuarterJ distant 1677.13 feet north of the southeast comer thereof (said east line to bear North 0 degrees 47 minutes 03'seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to the East line of the West Half as monumented by the plat of Prior South being a line which bears North 0 degrees 37 minutes 17 seconds East from the southeast comer of said West Half of the Southeast Quarter; thence North 0 degrees 37 minutes 17 seconds East a distance of 263.95 feet, more or less, to the Southerly right-of-way line of County Road 39 as monumented (Franklin Trail); thence westerly along the said Southerly right- of-way line a distance of 150.00 feet to the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17 seconds West a distance of 256.44 feet to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 61.25 feet to the intersection with a line 215.84 feet westerly, as measured at right angles, of said east line of the West Half of the Southeast Quarteri thence North 0 degrees 47 minutes 03 seconds East parallel with said east line a distance of 253.41 feet to the intersection with said Southerly right-of-way line of County Road No. 39 as monumented (Franklin Trail)i thence easterly along said parallel line a distance of 60.57 feet to the point of beginning. 04/22/98 WED 10:28 FAX 6123407800 DORSEY WHITNEY ~005 PARCEL A: That part of the West Half of the Southeost Quorter of Sec::tion 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing ot 0 point on the east line of said West Half of the Southeast Quarter, distant 1677,13 feet north of the southeost corner thereof (said east line to beer North o degrees 47 minutes 03 seconds Eost for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West 0 distance of 4.78 feet; thence South 0 degrees 37 minutes 17 seconds West 0 distance of 700.00 feet to the intersection with 0 line drown at right ongle to said east line of the West Half of the Southeast Quar'ter fr'om 0 point an soid eost line distant 700.00 feet southerly of the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 700.00 feet; thence North 0 degrees 37 minutes 17 seconds East a distance of 239,96 feet to the point of beginning of the land to be described; thence South 89 degrees 12 minutes 57 seconds East a distance of 168.25 feet; thence North 51 degrees 47 minutes 24 seconds East a distance of 413.25 feet;. thence North 0 degrees 47 minutes 03 seconds East a distance of 200.00 feet to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the poin t of c::ommencement; thence North 8S degrees , 2 minutes 57 seconds West (J distance of 485.51 feet to the southeasterly right-of-way of Highway No. 13: thence S~u thwesterly a distance of 6.68 feet along said right-at-way to the intersection with a line that beers North 0 degrees 37 minutes 17 seconds East from the point of beginning: thence South 0 degrees 37 minutes 17 seconds West 0 distance of 455.87 feet to the point of beginning. . 04/22/98 WED 10:28 FAX 6123407800 DORSEY WHITNEY 141 006 PARCEL 8' That port of the West Half of the Southeast Quarter of Section 2. Township 114, Range 22, Scott Coun ty, Minnesota, described as follows: Commencing at a point on the east line of said West Half of the Southeost Quarter, distant 1677.13 feet north of the southeast corner thereof (said east line to bear North o degrees 47 minutes 03 seconds East for purposes of tnis description); tnence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to the point of beginning of the lend to be described; tnence South 0 degrees 37 minutes 17 seconds West 0 distance of 700.00 feet to the intersection with 0 line drawn at right angle to said east line of the West Half of the Southeast Quarter from 0 point on said east line distant 700.00 feet southerly of the point of commencement; thence North 89 degrees 12 minutes 57 seconds West 0 distance of 700.00 feet; thence North 0 degrees 37 minutes 17 seconds East 0 distance of 239.96 feet; thence South 89 degrees 12 minutes 57 seconds East 0 distance of 168.25 feet; Thence North 51 degrees 47 minutes 24 seconds East (I distance of 413.25 feet; thence North 0 degrees 47 minutes 03 seconds East 0 distance of 200.00 feet to the in tersection with 0 line that bears North 89 degrees 12 minutes 57 seconds West from the point of beginning; thence South 89 degrees 12 minutes 57 seconds East 0 distance of 209.26 feet to the point of beginning. Together with thot port of said West Half of the Southeast Quarter of Section 2 described os follows: Commencing 'at 0 point on the east line of said West Half of the Southeast Quarter, distant 1677.13 feet north of the sou theost corner thereof (said east line to bear North o degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 secOnds West c distance of 4.78 feet to 0 line which bears North 0 degrees 37 minutes 17 seconds East from the southeast corner of said West Holf of the Southeast Quarter; thence North 0 degrees 37 minutes 17 seconds East a distance of 26.3.95 feet, more or less, to the southerly right-ot-way line of County Rood No. 39 (Franklin Trail); thence westerly along said southerly right-of-way line a distance of 150.00 feet to the point of beginning of the lend to be described: thence South 0 degrees 37 minutes 17 seconds West 0 distance of 256.44 feet to the intersection with 0 line thot beers North 89 degrees 12 minutes 57 seconds West from the point of commencement: thence North 89 degrees 12 minutes 57 seconds West a distance of 61.25 feet to the intersection "Vith 0 line 215.84 feet westerly, os measured et right angles, of said east line of the West Holf of the Southeast Quarter; thence North 0 degrees 47 minutes 03 seconds East parallel with said east line 0 distance of 253.41 feet to the intersection with said southerly right-of~way line of County Rood No. 39 (Franklin Trail); thence easterly along said southerly right~of-way line 0 distance of 60.57 feet to the point of beginning. 04/22/98 WED 10:29 FAX 6123407800 land SUr1te)lClts Pla"",at:l DORSEY WHITNEY ~007 EXHIBIT B Valley Surveying Co., P. A. (612) 447.2570 May 19, 1997 , Sl.lr~8 '2ac 1667Q FranklIn Trail S.E. Prlor,Lake, 'Mlnnesola 55372 Re: Utilit.y and dt-ainage easements to be de&JC3ed t:.c the c:it.y of Pt'ior Lake; OEsc.;uPrION: An easement to c:onst'tUct, operate, maintain ana repair public: ut.ility and drainage syst.ems Qver, under and aQ:QSs tha~ part of the West Ralf of the SQUtheast Quarter of Sec:t::.icn 2, ~ship 114, Ilan,ge 22, Scott County. foJ;innesota, descri!:led e.s follows: A strip of land 40.00 fttet: in vieth the C:et1terline of \oIhich is describeQ as follows: Cotrtaencins. at the SCU~east comer of said West Half of the ScQtheast Osrt:er: thence North, 00 degrees 04 rnil"1utu '48 secones East (a.s.sultlE!l:3 bearing) along the east line of said West Half of the Southeast Q,Jarter a. distance of 1542.28 feet: thenc:e South a9 degrees 05 ruinutes CO seconds West a c:3istanCl!!! of 187.24 feet to t.he point: of be;inning of the c:ent:.er3:ine to be dl!!scl:'ibrac:l: thence Nort:h 00 degrees OS mil'lutes. 00 seconds West a dbtcmce of 45.00 feet:' to a point hereinafter refer;-red to as feint. "A": thence c::cntinuing North CD de;rites oS minute:s 00 seconds West a di.:ltance of 345.00 feet: Jl'ICna or;' less to the southerly right-Of-way line of County RCC!l.d No. 39 (~anlc.lin ~ail) and the:-e teminating. T03'ether \lith a strip of, land 20.00 feet in vidth the centerline of loIhich is described ~ follCYs: Berginnin9 at the aboVE refQrenceQ ,EX:lint "A": thence North 89 degrees 55 minut.es 12 seconds West a dtstance of 202.00 feet and t.here terminatinq. I hereby certify .that this easement: c3escdotion 1./45 pr:epared by me or under my direct SUpitr:vision ~ I Surveyor under the SIoI8nSon, Land Registration No. 19th day of May, file no. 6421 DORSEY WHITNEY EXHIBIT B ~008 FAX 6123407800 04/22/9 8 ~_~g~~.~~~ Planner. Valley Surveying Co., P. A. (612).447-2570 AE'ril 10 I 1997 SQ/t., 12DC 1567a Franklin Tr..u S.E. PrIor Lske. MI"~esCltil 55372 --- Be, OUl1ty 8nd /lreinag. ....omant. to be deodeCI to !;he Cioy o~ !'ri"" LaIce, Ds:.sc:RIPrION = An .as......t to """"truct, o,""",aee, ~intain and >:epair publie UtilHy and --il'la!Je "Y.e..... OYer., - IInC/ a........ that part: o~ the w.."t S.lf o~ the SouOhe.a.st; guarter of Section 2, '.lWn.ship 11~. llange 22, Sc:ctt =ty, mnne.ota. aesQribea as follcys: " atrip ct 1aQd 20. "" feet in vidth the """te..line o~ ,,"i"" is due:-ibed ... fcllovs: Cclmlenai... ae tile 'in):e""ection o~ the "Oat: line of Ohe '''''at 700."" ~eet of aaid "oat: ~f or the Scul:l>.a"t Quarter. 'lith the SOUtheasterly nght-<>t.......y line Or State 1'runI<' Big,"",y No.' 13; thenee Soo,th "" degrees 05 minutes CO aeO>llda Ease (- l1earlng) along ....id ""at line a di.stance of' 4.36,00 ~...t, th"""" North SO d_. 57-' ..inute. 04 seoonds !!:oat a distanee.ct 1.21.33 feet to the !>>int of begInhinq of the ....t""line to be described: thenee """tinuing North SO degreee S7 Illinuees 04 ""<ends Fast a eliaCanee of 341.00 feet and there terlll!natinq. T<>;ret:her "ith .that pOrt of Rid lIest Half of the """1:Iuuoat Quarter deaeribeCJ as fQllcv:3: . . Boginiting at 011.. above i1e'Ol:"lbecl PQint .of c.........""""'t; th....... """therly along oa1il "".t line of the oast 700."" teet a diatanCe of 285.00 feet: thenee e..terly at ..Ighe angles a distance of 2S.00 feet, tIlence northerly at ..ight angle. a distance of ~G.OO feet; thenCe ......terly at right angles a dist:.o""" of 2.3.C!' feet, thence northerly at right angle.. a eli~tance of 31.00 teet; !:hence "".-:ty at right ""91... a di.t.nee ot 23.00 toet; tnen... northerly at right angles a d!etance af 158.03 foet: thence -vesterly at dght angle. "" Ohe south...t...ly right-of-vay 1ino of soid State ~nk High~Y.No. 13; thence eouthvasterly olong said 'dght-cf-vay -line to the.: peint of. beqinning. I he~e~ ce~tify that this eaSement cesc~ipticn ~as pr~pared ,by lTe or: under my direct super;vision ana that I am Cl. duly li.c:ens~ Land SlJrve~t" under:- the la~g the Sta D 0 Minnesota. on A. Svanson, Land Surveyo Minnesota Registration No. 10183 Dated thi:3 10~ ~ay of A9ril,1~97 file nc. 8421 04/22/98 WED 10:29 FAX 6123407800 Land SIJ""'.ygr;l P/<!lnl'lers DORSEY WHITNEY 14I 009 EXHIBIT B Valley Surveying Co., P. A. (612) 447-2570 April lO, 1997 s~rto 120C ' , BS7a Franklin TraU S.E. PrIer L8ke, M'nnUOta 55372 . . -' Re: drainage ea.S&mler\t to be cleedeCl to the City of Prier Lake: DE:SC:RIPrICN: An _t ta ..,""l::toct, cporata, aeintcin and ....pair Plblic utility ancl d>=ain-sa syst... over, und.... oancl a<=<CSa that pan: o~ <he lieat Half. of .. the SOUth....t Q>ortar of Saction 2, -r_ip 114, a.nga 22, Scott eoonty, Minnesota, desc::riOed., as .foll~s: . ~9ing &\t: the intersect:~on of the Yest line o~ the east 700.00 feet: of said West Half of the Southeast QUarter, vith the ~utheas~erly ri9~t~f-way line of Stat.e ~nJc Bighway NQ. 13; thence South CO dlil9rees 05 mit1ute~ CO seconds East (--...:I !>Qring) a1ono; -id -.t lina a distance o~ 260.CQ feet ta the point of beginnin9 of the easement to'be described: then~e continuing South 00 degrees OS minut.. <Xl .econds East a disOance of 203.<Xl feet, tha""" North 89 de9ra.. 55 minutes CO seconds East lit. c3istance of 164 .00 teet; then~e Nerth 21 degrees 24 minut.. 14 a...,..,&. East · dictcnce of 46.89 f...t: thenca North 39 d"'3"O.s 02 minutes S6 eecond.1l West a dist:ancli: of 204.97 f~t; then~e Scuth. 89 c3esrees SS IlI1nutas CQ a.eon&. Hest a diet""". of 52.28 fe.t <:0 the I">in. of c..o;innino;" X heJ:;"eQy certify that this easement: descript.iQ" vas pr:epareCJ. by me or UOC!eJ:;" my direct suee;vi.sicn and tha.t: I altI a duly -licen~ed Land Surve'ycC under the lays 0 th@ Stat o~ in.ne~et:;a_ Ronald A. ~sQn, I:1!l'Id Surveyor Minne~ota RegistratiQn No. 10183 Oated thi~ 10th d~y of April,1997 file no, 8421 Correspondence L\TEMPLA TE\FILEINFO.DOC r~::i DATE: January 31,2000 TO: Jane Kansier, Planning Coordinator FROM: Sue McDermott, Assistant City Engineer 1~ RE: Park Nicollet Oversizing Since the Engineering Department did not receive a detailed bid prior to the development contract being signed, we don't know if the oversizing amount requested by HealthSystem is accurate. The City's past practice has been to reimburse for the additional aggregate base and bituminous required to to upgrade a 7-ton road to a 9-ton road. Therefore, reimbursement in the amount of $2,559.60 as outlined in the letter from Northwest Bituminous should be made. We will not reimburse for the excavation or for Contractor Fee and General Conditions as stated in my February 8, 1999 memorandum to you. Payment should not be made until the roadway and utility easements are recorded. g: \projects\ 1997\3 6pknic\parknic2.doc I. ri.. ~ .rc=U~ ~ 0 v/l r2iil-lr.~-...i....;\..~....i 'I L5 \...'-:7 L5 .~ ...::1 I.., I . . '-'-~"--, I 'I' [' 1 , I . I II . i i li~ I Jlt26m i.Ji IUUI 8/ I 3800 Park Nicollet Boulevard Minneapolis, MN 55416-2699 Tel (612) 993-3123 -If HealthSystem Minnesota Methodist Hospital Park Nicollet Clinic Primary Physician Network The Foundation Institute for Research and Education Duane Spiegle, CPM, Vice-President Real Estate and Support Services Tel (612) 993-3897 January 24, 2000 Jane A. Kansier, ICP Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue Southeast Prior Lake, Minnesota 55372-1714 Re: Road Work at Park Nicollet Clinic-Prior Lake Dear Ms. Kansier: The Development Agreement with the city of Prior Lake originally included building a 7-ton road. This was changed to upgrade to a 9-ton road, with the agreement that the city would reimburse us for the difference between the 7 -ton road and the upgrade to the 9-ton road. We have received those costs from the contractor and they are as follows: Northwest Bituminous (see attached detail) Belair Excavating (see attached detail) Contractor Fee and General Conditions Total $2,559.60 1,000.00 342.00 3,901.60 If you have any questions, please contact me. If no, please send a check payable to Park Nicollet Clinic in the amount of $3,901.60 and mail to my attention at the above address. Thank you. Enclosures 04/05/00 09:36 FAX 612 338 7858 HALLELAND IaI 0011002 ANNE BOYD BARTZ BuSINESS PRACTICE COORDINATOR DlREcrDLAr..: (612) 2044108 INTERNET AlJoRE$s: J\SAR.TZ@HI.:NSJ.COM HALLELAND LEWIS NILAN SIPKINS & JOHNSON PrLLSBURY CENTER Soum SUl"f6 600 220 SOUTH SrXTII STREET MINNB.-.POLrS, MN 554024501 PHONE; 612.338.1838 FA.x: 612.338.7858 FACSIMILE COVER SHEET PLEASE DELIVER TO Ms. JANE KANSlEl~ CITY PLANNER. THANK YOU. FILE NO. 20245.0001 PHONE NUMBER: 612-204-4108 FAX NUMBER: (612) 447-4245 PHONE NUMBER: (612) 447-4230 FAX NUMBER: 612-338-7858 DATE: APRIL 5, 2000 FROM: ANNE BOYD BARTZ PAGES: ~ (INCLUDING COVER PAGE) COMMENTS: THIS MESSAGE IS rNTENDED ONLY 'FOR THE USE OF THE TNDIVTDUAL OR ENTI1Y TO wmCH IT IS ADDRESSED AND MAY CON'fAIN INFORMA nON lHAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED REClPrENT OR 'I'HE EMPLOYEE OR AGENT FOR DELlVERlNG THE MESSAGE: TO THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED 1HA T DISSEMJ.NATION, DISTRIBUTION OR COPYING OF nus COMMUNICATION IS STRICTLY PROHlBlTED. IF YOU RECEIVED THIS COMMUNICA nON IN ERROR. PLEASE NOTIFY us IMMEDIATELY BY COLLECT TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THB ABOVE ADDRESS VIA TIlE U.S. POSTAL SERVICE. THANK YOU. ON: 13250 04/05/00 09:36 FAX 612 338 7858 HALLELAND 141 002/002 .. . Anne 80yd 8.:arrz Business Prai:ucc: CaordinlLlOr Direc:t Dial: (612) 204~I08 Intemct ^ddrc:ss: abanz@hlfl,j.com Halleland Lewis Nilan Sipkins & Johnson Attorneys lilt Law I P.A. 600 Pi1J.sbury Center South 220 Soum Sixth Str=t Minneapolis, MN 55402.4501 Phone: 612.338.18J8 Ftua 612.338.7858 ww-,v.hlnsj.com April 5, 2000 Lorraine Prindle Philip Boelter Duane Spiegle Dorsey & Whitney LLP Pillsbury Center South 220 South Sixth Street Minneapolis. MN 55402 Re: City of Prior LakelHealthSystems Minnesota Our File No. 20245.0001 Your Reference No.: 8896/43933142 Dear Ms. Prindle. Mr.Boelter and Mr. Spiegle: We have reviewed the revised Easement Agreement and the same has been approved by the attorneys for the City of Prior Lake. Please feel free to contact me if you have any questions regarding the Same. Sincerely, Anne Boyd Bartz ABB:beh cc: Suesan Lea. Pace, Esq. ~e Kansier. AICP ON. 8~!l88 -If HealthSystem Minnesota r~ rn @ [g 0 'i'!l [g ~ 3~O 1 ) r I / 'u~ APR lO. ~~ ~. 19 2 e-ma : Methodist Hospital Park Nicollet Clinic Primary Physician Network The Foundation Institute for Research and Education April 18, 2000 Jane Kansier, AICP Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue Southeast Prior Lake, Minnesota 55372-1714 Re: Road, Drainage and Utility Easements Dear Jane: o Park Nicollet Boulevard nneapolis, MN 55416-2699 (612) 993-3123 Spiegle, CPM, Vice-President tate and Support Services ~ 993-3897 spiegd@hsmnet.com Attached are the signed and notarized easement documents for the Prior Lake-Park Nicollet Clinic. Please have them executed and send me one original and a check in the amount of $3,901.60. Make the check payable to Park Nicollet Clinic. Thank you for your help in finalizing this transaction. FilE COpy April 13,2000 Duane F. Spiegle Administrative Director HealthSystem Minnesota 3800 Park Nicollet Boulevard Minneapolis, MN 55416-2699 RE: Road, Drainage and Utility Easements Dear Mr. Spiegle: On April 5, 2000, we received a copy of a letter sent to you and your attorney regarding the above easements. It appears the attorneys have agreed on the proper language and format for these documents. Once we receive the signed agreements, we will process the reimbursement for the oversizing in the amount of $3,901.60. Thank you for your attention to this matter. If you have any questions, please contact me at 612-447-9810. Sincerely, YahL Q. +{~ U Jane Kansier, AICP Planning Coordinator cc: DRC Members 16200 E'a~m~R!&~~ S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6f~Qf47-4245 AN EQUAL OPPORTUNITY EMPLOYER February 16, 1999 Duane F. Spiegle, CPM Administrative Director HealthSystem _ Minnesota 3800 Park Nicollet Boulevard Minneapolis, MN 55416-2699 RE: Reimbursement for 9-Ton Road at Park Nicollet Clinic Dear Mr. Spiegle: Your letter of February 1, 1999, correctly stated the City has agreed to pay the cost of oversizing the 7 -ton road to a 9-ton road at the Park Nicollet site. However, based on your letter, we cannot determine if the oversizing amount you requested is accurate. Typically, the City receives a detailed bid prior to development. That bid will include detailed quantities and prices, and oversizing costs are determined and agreed upon at that time. Since we did not receive a detailed bid, we will now need the quantity and unit prices of Class 5 aggregate base, base course and wear course that was installed for the 9-ton road. These quantities must also detail the amounts needed for the 7-ton road. The City will reimburse the differences in these amounts. We will not reimburse the Contractor Fee and General Conditions. Once you return the detailed information, the City Engineering Department will review and verify the costs. We will then process this reimbursement. Thank you for your attention to this matter. If you have any questions, please contact me at 447-9812. Sincerely, ~ a . 4</il1 ^ r'J .1 1 . ~ KanSier~ ~p~ Planning Coordinator c: DRC Members ...l:\91files\97siteDl\oarkni.c\reimburs.doC . 16200 cagle L-reeK AVe. :::>.t:.., t'nor LaKe, Mmnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER r ~~ F Ciin-py ,. r h : -' i;; t'~, ~ ,,-:~ ~ f" ~''''' ,~.. . ~ "-'Ji I;;;;;';;;.;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;I;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; i...;..;..;..;..;...;.;;..;......;....;;....i;..;..;....;..;;.;..;..;;..;.;...;..;;..;.;.;.;.;...;...;..;.'.......;...;...;.........;...;;;..;.....;.....;...;...;;...........;1\'..;.;.....;.;.......;.;;;.;.;...'.;......II..........;.......;...;.....;...;...;...;..D..;........................D1....;.................;.........;.;...;;;.........;.....,..........;.n.;.........;;;.;...................;.;,..;.r;........;..........;...;...;;.;.......,.n...;.........;...............;.......U...............;........;;........;...;..;.;..;...;.;.jA.;..;;;...;.............;;..;;.;;........1.1.;.;;..;..........;...;..,...................;...m.......;.....;..;..;.;.......;..;;;;......;.;.;....;...........;.,;;.....;.;.........;;..;...;.....;..;......;.;.;............;..;...;.P}?.............................;..;..;......;.............;..;.....;..;...;..;..;...;..;........;...;...;...;.....;;.......;.;...;.......;...;..;........;.;;.............;;;..;...;;....;...;;..;;..;;...;....;...;...;..;;....;.....;.;...;........;.'.;;..;.;..;.....;;..;.;...;.....;;.;;....;..,..;....;..;;..;....;...........;;........;......;....'..;...;.;...;.......;.....;........,,1 i> J.},1'"'- VI/A U . . TO: FROM: DATE: RE: CC: Frank Boyles, City Manager Don Rye, Planning Director Jane Kansier, Planning COOrdinato~ February 16, 2000 Park Nicollet Oversizing Reimbursement Sue McDermott, Assistant City Engineer On Tuesday, February 15,2000, I called Duane Spiegle at Health Systems Minnesota. Mr. Spiegle was not available so I left a message on his voice mail advising him of our decision to reimburse the entire amount requested. I also advised him we will not process this reimbursement until we have received the necessary easement documents for the road and utility easements. I offered to res end the easement descriptions, if necessary. I have not heard from Mr. Spiegle at this time. I will keep you posted on any new developments. l:\parknic\memo.doc CAMPBELL KNUTSON Professional Association Attorneys at Law * * * Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Matthew J. Foli Marguerite M. McCarron George T. Stephenson Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Suesan Lea Pace (612) 452-5000 Fax (612) 452-5550 Writer's Direct Dial: 234-6232 Writer's Fax: 452-5550 * Also licensed in \'Cis~()nsln February 9, 1998 Of CounseL Gary G. Fuchs Mr. James E. Schmeckpeper DORSEY & WHITNEY, LLP 220 South Sixth Street Minneapolis, MN 55402-1498 Re: In the Matter of the Application of HealthSystem Minnesota Court File No. 96-07282 Dear Mr. Schmeckpeper: I enclose a copy of the Preliminary Agreement for Development Contract dated May 19, 1997 by and between the City of Prior Lake and HealthSystem Minnesota. Based upon your client's successful motion to amend the legal description in the Torrens Registration Proceeding, the Preliminary Agreement for Development Contract needs to be revised. Most particularly, Exhibit A and Exhibit B to the Preliminary Agreement must be revised to reflect the new legal description. Please provide me with amended Exhibits A and B so that I may incorporate them into an amendment to the Preliminary Agreement for Development Contract. If you have any questions, please call me. Very truly yours, ~ CAMPBELL KNUTSON :Ofe~ Matthew K. Brokl MKB:jlw Enclosure Suite 317 . Eagandale Office Center. 1380 Corporate Center Curve · Eagan, MN 55121 58437 F Il E ~ f.i f.,; ~] '.1."' U~ii ~ 1111,11{1!!!IIIIIIIII;IIiJ!!III'IIIIII.illl.llllillllll!II'11lillllllllllll'll TO: FROM: DATE: RE: cc: Robert D. Hutchins, Building Official Jane Kansier, Planning coordinator~ December 8, 1999 Building Permit #97-153, Park Nicollet Clinic Don Rye, Planning Director Jenni Tovar, Planner Steve Horsman, Zoning Administrator We will not sign off on a Certificate of Occupancy until the sign violation has been corrected. We have sent many letters to the property owners informing them of the violation and the means to correct it. However, we have received no response. We will send another letter to remind them of the need to correct this violation, but it is up to the property owners to make the correction. Thank you for your attention to this matter. 1:\99files\99corres\jane\parknic.doc Memorandum DATE: November 22,1999 TO: Jane Kansier FROM: Robert D. Hutchins \L~ \\ RE: Building Permit #97-153 Park Nicollet Clinic C.C.: Jenni Tovar In a cooperative effort to close the building file, the Planning Department needs to signoff on the Certificate of Occupancy. The following item needs to be considered before signing off. The Inspection Department received a Memo from Jenni Tovar on 9/17/99 regarding Planning Department corrections on the Clinic. In a meeting with Don Rye, I had questions regarding the 2 items required. He indicated that I should contact Steve Horsman on the zoning violations. Steve is in the process of contacting the Clinic owners dealing with item #1. The sign was not part ofthe original building permit. Steve also stated that item #2, dealing with weeds, is not enforceable at this time due to the City ordinance stating that weed compliance is only enforceable between May 15 and September 15 of a calendar year. Thank you for your attention to this matter. enc. '{po / . dYt 0.-- t at 6 ~ I W~ wi\1 ~ ~ 1jJ cftOI . W SA~I\ J; oloJi6Y' .)J.J ~ JAN-12-2000 WED 10:40 AM 5666 LINCOLN DRIVE FAX NO. 6128977869 P. 02 NORTHWEST BITUMINOUS, INC. II fj'((lj(I/' ((.(lml'm','1 12400 Bemd AVf'nue South. Burnsville, MN 55337. Ph. (612) 890-3005. Fax (612) 890-2468 October 28, 1998 Greg VOSS Welsh Construction 5666 Lincoln Drive Edina, MN 55436 He: Health SysLems Minncsota - Prior Lake As per our Lelephone con versa Lion of yesterday, T submit to you the following information: The 1,185 SY Access Road was constructed at a 9" & 2" & 11/2" - 9 Lon dcsl!,rtl. The ~quatc yard price for this was $9.11 compared to the 6" & 1 1/2" & 1 1/2'1 L.D. design of$6.95 per square yard. The cost increase for the Access Road construcLion based on 9 Lon il1lieu of the L.D. design was $2,559.60. If you require additional information, please feel free to contact me anylime. Dan Dauffcnbach Vice-President DMD: em JAN-12-2000 WED 10:40 AM OCT-30-SB FRI 09:37 AM OCT-~0~1998 08:31 5666 LINCOLN DRIVE WELSH CONSTRUCTION SELAIR FAX NO. 6128977869 FAX NO. 6128917868 612 796 0109 P. 03 P. 03/04 P.I2l2/02 BELA I R I . N EXCAVATING We31 Office: 49S0 Nlae'" Strul Camm.rl% Cit)'. CO 800n (303) 286-88S1 Fu (303) 286-8867 CcDllil Oftlce: 2200 Old lUllhway K Ne.... b"I!J"'~, M~ SS112 (612) 786-1300 Fax (612) 786-0769 October :10. 1991 Greg Vou Welsh Conmue'tl~ 82.00 Notma1lda.l6 Bt'tulevn suite 200 Mimu~apoli. MN, 55437.1060 lle: Prior Lake Health Clinic Greg: BCilair Ex~a.vulP8 prepared th~ ~I road into the Prior Lak. HAlth Clinic to receive a nine-ton paving section. You have rClquestcd that we de~ermine the value difference if a sevehvton section dC:iliSD had been used. I have estimated that value to be 51,000_00 Please Qll me if you bav. Iny questiDn.. Yours trUly, ....-\-"'., !( ....~"tt.' t~.t-\ ~ ,- Joe BUth~ Vice pre5ident EQUAL OPPORtuNITY AND AFFUlM.\lWE AanON ~M"'r ny,;~ TOT~ P.02 emorandutn To: Jay Scherer, Building Inspector From: Jenni Tovar, Planner j~~ Date: 09/17/99 Re: Park Nicollet Clinic On September 8, 1999, a final inspection was conducted at the site. The following items need to be corrected prior to the issuance of a final Certificate of Occupancy: A sign permit obtained for the sign located along Franklin Trail. s growing in areas that were seeded must be removed. Specifically, there ds over 12 inches in height located around the entrance sign along Trail. 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DATE: February 8, 1999 TO: Jane Kansier, Planning Coordinator FROM: Sue McDennott, Assistant City Engineer ~ RE: Park Nicollet Oversizing ~~~~~~~~l ....-.......................'....... ........................".......... .....-......-....................... ................................... ....-......-....................-......... ...--......--.......-..'........ .... .....-.......-.........."................. .......................... -......... .....--.......-..,..........-..... .....--.....................--...... .....--.-.........,..........-........ ....-....".................-.....-.... ...........-............... ..""..-........-......-............ ........,...-.......-.............-.... ..................--....................... ............. ..... ... ....................-..,........... .....--................,............ .....-..................,............ ..--......--................'............ ...................................... . ....--..............,..,...-............ ............-...,..........-............ .....-...........,....................... ...........................-....... ..... ......................-...................... ...... ............... ....-........ ..."""."................... ...... .,..,.................................. ....."..........-...............'.... ...."..................-........'...... .................................,..... ........-..............-.........'...... . .....-..................,............ ...................................... ~.................................... ..... ............ ..... ... .........................-.. ... . ...................... ...................... .... ............... Since the Engineering Department did not receive a detailed bid prior to the development contract being signed, we don't know if the oversizing amount requested by HealthSystem is accurate. Typically the developer's engineer gives us detailed quantities and these numbers are agreed upon prior to the contract. What we will need is the quantities and unit prices of Class 5 aggregate base, base course and wear course that was installed for the 9-ton road and what would have been necessary for a 7 -ton road. We will not reimburse for Contractor Fee and General Conditions. When you receive the information, the engineering staff will verify the numbers. g:\memos\sue98\parknic.doc Methodist Hospital Park Nicollet Clinic Primary Physician Network The Foundation Institute for Research and Education .ili{~[flf'WTff-..I~~-~ \ '!,f II~' V I I i~~l FEB - 3 ~ I' . 3800 Park Nicollet Boulevard Minneapolis, MN 55416-2699 Tel (612) 993-3123 -If HealthSystem Minnesota Duane Spiegle, CPM Administrative Director Real Estate and Support Services Tel (612) 993-3897 February 1, 1999 '.""~'A. Kansier,ICP " Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue Southeast Prior Lake, Minnesota 55372-1714 Re: Road Work at Park Nicollet Clinic-Prior Lake Site Dear Ms. Kansier: The Development Agreement with the city of Prior Lake originally included building a 7-ton road. This was changed to upgrade to a 9-ton road, with the agreement that the city would reimburse us for the difference between the 7-ton road and the upgrade to the 9-ton road. Those costs have been received from the contractor and are as follows: Northwest Bituminous Belair Excavating Contractor Fee and General Conditions $2,559.60 1,000.00 342.00 Total $3,901.60 Please send a check payable to Park Nicollet Clinic in the amount of$3,901.60 and mail to my attention at the a ove address. Thank you. c: EUilDPY MEMORANDUM FROM: RE: August 6, 1998 Jay Scherer, Building Inspector Bob Hutchins, Building Official Jenni Tovar, Planner~ Certificate of Occupancy issuance Park Nicollet Clinic DATE: TO: Based on yesterday's inspection, the following issues need to be submitted/addressed prior to Planning Department approval/sign off: . Dead trees must be replaced. This includes two dead maple trees located in parking lot islands. . Weeds growing in areas that were seeded must be removed. Specifically, there are weeds over 12 inches in height located around entrance sign along Franklin Trail. C :\J E N NI\CERTOCC\PNICOLET. DOC " FILE COpy April 6, 1998 Matt Brokl Campbell Knutson 1380 Corporate Center Curve Suite 317 Eagan, MN 55121 RE: Revised Legal Description for Park Nicollet Clinic Site Dear Matt: HealthSystem Minnesota has submitted the attached legal description for the Park Nicollet Clinic site. According to the letter I received, this is the legal description based on the current registration. Please review this description and let me know if it is correct. I would like to schedule this item for the City Council meeting on April 20, 1998. In order to do so, I will need to hear from you by Thursday, April 9, 1998. Thank you for your help. If you have any questions, please contact me at 447-9812. Sincerely, /1 1/", _ ' (~/)\"L LA...'. 'I y;~\..0\!0~' (}Jane A. Kansier, AICP Planning Coordinator Enclosure 1:\97files\97sitepl\parknic\brokl4-6.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ;, Methodist Hospital Park Nicollet Clinic Primary Physician Network The Foundation Institute for Research and Education -.. ,L~ @@Ol(;'l' @ ""~ J Ii II 'liJR 2 ~ !'\\ ,....,. ~ U'U ~ 3800 Park Nicollet Boulevard Minneapolis, .\tiN 55416-2699 Tel (612) 993-3123 Duane F. Spiegle, CPM Administrative Director Real Estate and Facilities (612) 993-3897 -II HealthSystem Minnesota March 26, 1998 Jane A. Kansier, AICP Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue Southeast Prior Lake, Minnesota 55372-1714 Re: Amendment to Preliminary Agreement for Development Contract for Park Nicollet Clinic in Prior Lake, MN Dear Ms. Kansier: Attached is the signed Amendment to Preliminary Agreement for Development Contract for the Park Nicollet Clinic - Prior Lake location. We have also attached the correct legal description of the property based on the current registration. Ify have furthe~e,lltions regarding the legal description of this property, please co act our attomey, I in Schmeckpeper, at Dorsey & Whitney, telephone 343-7995. Attachments # EXHIBIT A PROPOSED PROPERTY DESCRIPTION FOR TITLE REGISTRA nON That part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at a point on the east line of said West Half of the Southeast Quarter as monumented by the plat of Prior South, distant 1677.13 feet !'\o rtn of the southeast corner thereof (said east line to bear North 0 degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17 seconds West a distance of 700.00 feet to the intersection with a line drawn at right angles to said east line of the West Half of the Southeast Quarter from a point on said east line distant 700.00 feet southerly of the point of commencement; thence North 89 degrees 12 minutest 57 seconds West a distance of 700.00 feet; thence North 0 degrees 37 minutes 17 seconds East a distance of 695.83 feet to the southeasterly right-of-way of Highway No. 13; thence northeasterly a distance of 6.68 feet along said right-of-way to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of beginning; thence South 89 degrees 12 minutes 57 seconds East a distance of 694.77 feet to the point of beginning. Together with that part of said West Half of the Southeast Quarter of Section 2 described as follows: Commencing at a point on the east line of said West Half of the Southeast Quarter as monumented by the plat of Prior South, distant 1677.13 feet north of the southeast corner thereof (said east line to bear North 0 degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to a line which bears North 0 degrees 37 minutes 17 seconds East from the southeast corner of said West Half of the Southeast Quarter; thence North 0 degrees 37 minutes 17 seconds East a distance of 263.95 feet, more or less, to the Southerly right-of- way line of County Road 39 as monumented (Franklin Trail); thence westerly . along the said Southerly right-of-way line a distance of 150.00 feet to the point of beginning of the land to be described; thence South 0 degrees 37 minutes 11 seconds West a distance of 256.44 feet to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 61.25 feet to the intersection with a line 215.84 feet westerly, as measured at right angles, of said east line of the West Half of the Southeast Quarter; thence North 0 degrees 47 minutes 03 seconds East parallel with said . east line a distance of 253.41 feet to the intersection with said Southerly right of-way line of County Road No. 39 as monumented (Franklin Trail); thence easterly along said parallel line a distance of 60.57 feet to the point of beginning. fiLE COpy March 24, 1998 Duane Spiegle HealthSystems Minnesota 3800 Park Nicollet Boulevard St. Louis Park, MN RE: Amendment to Preliminary Agreement for Development Contract for Park Nicollet Clinic in Prior Lake, MN Dear Mr. Spiegle: Attached is an Amendment to Preliminary Agreement for Development Contract for the Park Nicollet Clinic site. The purpose of this amendment is to replace the legal description in the original contract with the new description developed as part of the Torrens Registration Proceeding. This amendment affects only the legal description. It does not affect any other provision of the original Preliminary Agreement for Development Contract dated May 19, 1997. The original terms of that agreement, including payment schedules and the location of the directional sign, remain in effect. We hope to bring this amendment to the Prior Lake City Council on Monday, April 6, 1998. Ideally, we would like to have a signed copy of this contract available for the City Council. However, if that is not possible, we will need a written assent to this amendment no later than Monday, March 30, 1998. If we cannot meet this deadline, this item will be scheduled for a later date. Thank you for your attention to this matter. If you have any questions, please contact me at 447-4230. Sincerely, ~!)LG Q. -K-lr~~~L/'-'' / (~ Jane A. Kansier, AICP Planning Coordinator Enclosures c: Dean Williamson Matt Brokl, Campbell Knutson 1:\97file~\97sitep'l\park!l.ic~evll9r2.do.c ~g~ .1 16200 Eagle creek Ave. :::>.t.., l:"rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61L.) '+47-4245 AN EQUAL OPPORTUNITY EMPLOYER AMENDMENT TO PRELIMINARY AGREEMENT FOR DEVELOPMENT CONTRACT This Agreement is entered into this day of , 1998 by and between the City of Prior Lake, a municipal corporation (hereinafter referred to as "CITY"), and HealthSystem Minnesota, a Minnesota nonprofit corporation (hereinafter referred to as "DEVELOPER"). RECITALS A. The City and Developer have previously entered into an Agreement dated May 19, 1997, entitled "Preliminary Agreement for Development Contract" ("the Agreement"). B. Developer and the City desire to amend the Agreement. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. The Agreement shall remain in full force and effective except as specifically modified by this Amendment. 2. "Exhibit A" to the agreement is amended by substituting new "Exhibit A" as attached hereto. IN WITNESS WHEREOF, this Amendment has been executed on the day and year first above written. DEVELOPER: HEAL THSYSTEM MINNESOTA CITY OF PRIOR LAKE By: Its: By: Wesley M. Mader, Mayor By: Frank Boyles, City Manager 60240 ; APPROVED FOR FORM & EXECUTION By: Suesan Lea Pace, City Attorney REVIEWED FOR ADMINISTRATION By: Greg Illka, City Engineer STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 199_, by , the of HEALTHSYSTEM MINNESOTA, a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 199 , by Wesley M. Mader, and Frank Boyles, the Mayor and City Manager, respectively, of the CITY OF PRIOR LAKE, a Minnesota municipal corporation, on behalf of the corporation through the authority given by its City Council. Notary Public THIS INSTRUMENT WAS DRAFfED BY: Campbell Knutson Professional Association 1380 Corporate Center Curve 317 Eagandale Office Center Eagan, MN 55121 60240 2 -, '. t.~h'.b~\-" ~\l PARCEL A: That part af the West Half af the Southeast Quarter of Section 2, Township 114, Range 22. Scott County. Minnesota, described as follows: Commencing at a point an the east line of said West Half of the Southeast Quarter, distant 1677.13 feet north of the southeast corner thereof (said east line to bear Narth o degrees 47 minutes 03 seconds East for purposes of this description); thence Narth 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet; thence South 0 degrees 37 minu tes 17 seconds West a distance of 700.00 feet to the in tersection with a line drawn at right angle to said east line of the West Half of the Southeast Quarter from a point on said east line distant 700.00 feet southerly of the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 700.00 feet; thence North 0 degrees 37 minu tes 17 seconds East a distance of 239.96 feet to the point of beginning of the land to be described; thence South 89 degrees 12 minutes 57 seconds East a distance of 168.25 feet; thence North 51 degrees 47 minutes 24 seconds East a distance of 413.25 feet; thence North 0 degrees 47 minutes 03 seconds East a distance of 200.00 feet to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 485.51 feet to the southeasterly right-of-way of Highway No. 13; thence Sou thwesterly a distance of 6.68 feet olong soid right-of-woy to the intersection with a line that bears North 0 degrees 37 minutes 17 seconds East from the point of beginning; thence South 0 degrees 37 minutes 17 seconds West a distance of 455.87 feet to the point of beginning. PARCEL 8: That part af the West Half af the Sautheast Quarter af Sectian 2, Township 114, Range 22, Scott County. Minnesota, described as follows: Commencing at a point an the east line of said West Half af the Southeast Quarter, distant 1677.13 feet north of the southeast corner thereof (said east line to bear North o degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West 0 distance of 4.78 feet to the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17 seconds West a distance of 700.00 feet to the intersection with a line drawn at right angle to said east line of the West Half of the Southeast Quarter from a point on said east line distant 700.00 feet southerly of the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 700.00 feet; thence North 0 degrees 37 minutes 17 seconds East a distance of 239.96 feet; thence South 89 degrees 12 minutes 57 seconds East a distance of 168.25 feet; Thence North 51 degrees 47 minutes 24 seconds East a distance of 413.25 feet; thence North 0 degrees 47 minutes 03 seconds East a distance af 200.00 feet to the intersection with a line that bears Narth 89 degrees 12 minutes 57 seconds West from the point of beginning; thence South 89 degrees 12 minutes 57 seconds East a distance of 209.26 feet to the point of beginning. Together with that part of said West Half of the Southeast Quarter of Sectian 2 described as follows: Commencing at a point on the east line of said West Half of the Southeast Quarter, distant 1677.13 feet north of the southeast corner thereof (said east line to bear North o degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minu tes 57 seconds West a distance of 4.78 feet to a line which bears North 0 degrees 37 minutes 17 seconds East from the southeast corner of said West Hal f of the Southeast Quarter; thence North 0 degrees 37 minutes 17 seconds East a distance of 263.95 feet. more or less, to the southerly right-of-way line of County Road No. 39 (Franklin Trail); thence westerly along said southerly right-of-way line a distance of 150.00 feet to the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17 seconds West 0 distance of 256.44 feet to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of commencement; thence North 89 degrees 12 minutes 57 seconds West 0 distance of 61.25 feet to the in tersection with a line 215.84 feet westerly, as measured at right angles, of said east line of the West Half of the Southeast Quarter; thence North 0 degrees 47 minutes 03 seconds East parallel with said east line a distance of 253.41 feet to the intersection with said southerly right-of-way line of County Road No. 39 (Franklin Trail); thence easterly along said southerly right-of-way line a distance of 60.57 feet to the point of beginning. CAMPBELL KNUTSON Professional Association Attorneys at Law March 10, 1998 JoelJ. Jamnik Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Matthew J. Foli Marguerite M. McCarron George T. Stephenson Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Suesan Lea Pace (612) 452-5000 Fax (612) 452-5550 * Also licemed in 'V?isconsin Of CounseL Gary G. Fuchs Ms. Jane Kansier Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372-1714 Re: HealthSystem Minnesota vs. Kestrel, et al. Dear Ms. Kansier: I enclose a proposed Amendment to the Preliminary Agreement for Development Contract in the above-referenced matter. This Amendment is necessary as the Court granted the Petitioner's Motion to Amend its Application by way of an amendment to the legal description contained within the Application. Based upon our prior discussions, it is my understanding that the documents previously filed by the Applicant with the City are no longer in compliance due to the change in the legal description. The Amendment I enclose will memorialize the change in the contract with the City, and must be approved by the City Council. I also enclose the "as-built" survey for the property I received from the HealthSystem attorney. If you have any questions, please call me. Very truly yours, CAMPBELL KNUTS Professional Associati By: MKB Enclosure cc: Mr. Frank Boyles Matthew K. Brokl Suite 317 . Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 RECII\I& APR 2~ 199( mElEHERI I BlIER A550[IAIE5 INC. ENGINEERS . SURVEYORS · LANDSCAPE ARCHITECTS 21-April, 1997 Mr. Greg llkka City Engineer City of Prior Lake 16200 Eagle Creek Ave. S.E. Prior Lake, MN 55372-1714 ~~~'~. RE: Park Nicollet Clinic Dear Mr. llkka: On Thursday ofIast week (17-April, 1997) I attended a site review meeting at the City office with regard to the above mentioned project. As you know the comer of the property to be developed is currently paved and is being used by the public as a frontage road to Highway 13. City Staff members in attendance at the site review meeting si".ated t!m.t the City has in the past gone as far as to perfonn some maintenance on this . paved surface. There are drainage and utility easements in this area but there appears to be no access easement which would permit such use. The Park Nicollet project will construct through this area and landscaping amenities are planned as a part of the final improvements to the site as allowed by the drainage and utility easements. The paved area falling within the boundary of the site to be developed will be removed and no further public access will be permitted. The City. staff in attendance at the site review meeting suggested that this situation be treated like a road closure With respect to signage. They also suggested that the City may assist in the closure of this access by providing the signage necessary to wam the public of the change. The current proposed grading plan will be modified to show construction of a benn in this area which will serve as a pennanent deterrent to vehicle travel across the property. At this time the Park Nicollet project has no temporary signage proposed for this location other than the precautions nonnally taken in the installation of underground utilities. Could you please review this matter and let me know what you feel would be appropriate in this case. I will also need to coordinate with you which signage will be provided by the City and what will be required by the developer. Ground breaking is scheduled for 13-May, 1997 and construction activities scheduled for 19-May. Construction activities in the area of concern could begin as early as the week of 19-May. Please feel free to give me a call if you have any further questions. IDP/mjb {J.5- '1M lUJ fur jf)H" /; (t,~~ "^ ~f\(J{A r"! /tff cc: . Mr. Dean Williamson, Frauenshuh Companies Mr. Greg Voss, Welch Construction P:\96PROJ\96078\ILKKAO I.WPD 367 EAST KELLOGG BLVD. . ST. PAUL, MN 55101-1411 · 612-228-9564 · FAX 612-223-5857 .. o ~~ ,\~..;s \S' ~oO /,;9s ~~\, ~oA~ To ~~ t> , '\", c..Lt?~€: P ~' ~'l, ~<f> o @fl. x; .. ' ;t (' ..' ~ '. .t!"C/ :" "i\' .' . "i/ ~. ~~. ~ ~~ C:>'\ ~ ./ /. I .I I f , i ;' '" i ). ! 1 ! ~ /l ~ I /; - <Xl 1>>: n: ,~.;.:; '5',;:~.j- v '\.~ o. ~ ~. ~ /.. . ...' . ..... :;A:- SHOW P~. L.INe o &z..?Tor ~~4UT~ L.ES ..... 8U)G. - . . ~, . - ':i-..:-"'$~;~~":~ ..~. ---484. t4-~'-: . -.-" ..~--:-'-.P. ---- STORAGE AREA LIMITS ~ -- ~ FILE COpy March 2, 1998 Duane Spiegal HealthSystems Minnesota 3800 Park Nicollet Boulevard St. Louis Park, MN RE: Park Nicollet Clinic in Prior Lake, MN Dear Mr. Spiegel: I recently received some telephone calls regarding the entrance signage to the Park Nicollet Clinic in Prior Lake. There seems to be some misunderstanding about the City's role in the location of the signs. As you know, the Park Nicollet Clinic site has no direct access to Highway 13. In addition, the driveway running from Franklin Trail to Toronto Avenue, in front of the gas station, car dealer and Park Nicollet Clinic, is not a public street. The only access to the Park Nicollet site is from Franklin Trail. HealthSystems Minnesota made the decision to build the clinic on this site without first platting the property. This resulted in a Franklin Trail address for the clinic building, since no other street access is available. I can see how this has resulted in some confusion, since the building sits several hundred feet from Franklin Trail and faces what is currently the back of the property. However, once you develop the remainder of this property, and a public street is built, the address will be changed to reflect the new public street name and the direction of the clinic building. Prior to the issuance of a building permit for this site, the City and HealthSystems Minnesota also entered into a Preliminary Agreement for Development Contract. The purpose of this agreement was to provide some means to construct the entrance driveway into the clinic site as a 9-ton road with sewer and water, so that when the property is platted, the driveway will not have to be replaced for the location of utilities. This agreement also allows Park Nicollet to place a sign at the intersection of this driveway and Franklin Trail. More importantly, it allows this sign to remain even after the road becomes public. When this agreement was prepared, HealthSystems Minnesota provided the maps and surveys showing the location of the future sign. In November, 1997, when Nordquist Sign Company requested sign permits for the signs at this location, I sent the attached letter to Laura Alexander detailing the number, size, types and locations of the signs permitted on the property. I also met with Dean Williamson of Frauenshuh Companies and Gregory Fast of the Nordquist Sign Company at the site on January 14, 1998, to further discuss the sign issue. To give you a recap of these discussions, we determined a directional identification sign could be located within 1:\97fil~\97$itepl\partnic\s~gel.cIoc P~ge 1 16200 Eagle Creek Ave. S.t..,Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6IL) q,47-4245 AN EQUAL OPPORTUNITY EMPLOYER the area shown on Development Agreement Exhibit A, with only a sign permit required. If the directional sign is to be located anywhere outside of the previously agreed upon location, it must meet the requirements for setbacks, or Park Nicollet must make an application for a variance. The City did agree to issue a temporary sign permit for a directional sign at its present location. However, you should be aware that this temporary sign permit expired on January 19, 1998, and must be removed. To date, we have not received any applications for a directional sign located within the area approved as a part of the Development Agreement, nor have we received any variance applications to locate the sign in a different area. Since the existing temporary sign must be removed, I trust we will be receiving some sort of application in the very near future. I believe this letter and its attachments will clarify this situation and eliminate the apparent confusion. If you have any questions about the variance or the permit process, please contact me at 447-4230. In the meantime, if I receive any additional calls, I will be happy to refer them to you. Sincerely, ~Q.~ U ~~~:!. Kansier, AICP Planning Coordinator Enclosures c: Dean Williamson Frank Boyles, City Manager Don Rye, Planning Director 1:\97files\97sitepl\parknic\spiegel.doc Page 2 PRELIMINARY AGREEMENT FOR DEVELOPMENT CONTRACT This Agreement is entered into this {t1fh day of~, 1997 by and between the City of Prior Lake, a municipal corporation (hereinafter referred to as "CITY"), and HealthSystem Minnesota, a Minnesota nonprofit corporation (hereinafter referred to as "DEVELOPER"). WHEREAS, DEVELOPER is claiming the ownership of certain property located in the City of Prior Lake, Minnesota, legally described and depicted on the attached Exhibit A, (hereinafter referred to as "PARCEL A"); and WHEREAS, PARCEL A is adjacent and contiguous to certain property owned by DEVELOPER located in the City of Prior Lake, Minnesota, legally described and depicted on the attached Exhibit A, (hereinafter referred to as "PARCEL B"); and WHEREAS, DEVELOPER wishes to proceed to develop PARCEL A at the present time; and WHEREAS, platting PARCEL A and PARCEL B would delay DEVELOPER'S present plans to develop PARCEL A; and WHEREAS, CITY and DEVELOPER wish to cooperate in order not to delay or impede the development of PARCEL A, while at the same time maintaining the greatest degree of flexibility in the event PARCEL B is developed at a later time; and WHEREAS, DEVELOPER desires to avoid duplicated expenditures connected with the development of PARCEL A and future development of PARCEL B. NOW, THEREFORE, be it resolved that in consideration of the mutual promises, assurances and covenants, the sufficiency of which is not disputed that: 1. The recitals set forth above are incorporated as if fully set forth herein. 2. The DEVELOPER or its Consulting Engineer shall be responsible for providing all construction services inclluding, but not limited to: (b) (c) (d) Inspection of public improvement systems within the easement areas described in Exhibit B attached hereto and made a part hereof, which include grading, sanitary sewer, watermain, storm sewer/ponding and street system; Documentation of construction work and all testing of improvements; Construction quantities; Project Testing: The DEVELOPER is responsible through its testing company, at the DEVELOPER's cost, to provide sufficient testing to enable the DEVELOPER's consulting engineer to certify that the public improvements constructed within the easement areas described in the attached Exhibit B were completed in compliance with (a) 48440 1 the applicable approved final plans and/or current City specifications. The personnel performing the testing shall be certified by the Minnesota Department of Transportation. The City Engineer may require additional testing if, in his opinion, adequate testing is not being performed. The cost of additional testing is to be paid by the DEVELOPER; (e) All improvements are subject to approval by the City Engineer. 3. When PARCEL A is developed, DEVELOPER will construct a 9-ton road in the area cross- hatched on the attached Exhibit A with curb, gutter, sanitary sewer, watermain and storm sewer from Franklin Road to the clinic driveway. The CITY will reimburse DEVELOPER (a) for the cost difference to oversize the road from a 7 -ton capacity to a 9-ton capacity, and (b) for the cost difference to oversize utility service from the utility service necessary to serve Parcel B at the time Parcel B is developed. 4. When Parcel B is developed, the CITY agrees to reimburse DEVELOPER the cost to oversize the road, sanitary sewer, storm sewer and water serving Parcel B. 5. The DEVELOPER will convey and the CITY will accept a drainage easement for a storm water retention pond and several utility and drainage easements the location of which is legally described on the attached and made a part hereof as Exhibit B. 6. Upon conveyance by the DEVELOPER of the easement areas legally described in Exhibit B, the CITY will be responsible for any future repair, maintenance and, if necessary, replacement of the pipes, conduits and other public improvements constructed in these easement areas. 7. The CITY will defer collection of its trunk sewer and water fees for PARCEL A until development of PARCEL B or until January 1, 2002, whichever occurs first. The amount of fees to be collected will be based on the rate of the trunk sewer and water fee at the time PARCEL B is developed. The fees will be calculated on Parcels A and B, less any right-of-way dedicated to the CITY. 8. DEVELOPER agrees to plat PARCELS A and B as one plat prior to, or at the time of any development of PARCEL B. 9. CITY agrees to calculate all applicable area charges and fees, with the exception of trunk sewer and water, based solely on the acreage of PARCEL B. 10. The DEVELOPER intends to construct in the general area shown on the attached Exhibit A, which location is subject to CITY approval, one (1) illuminated identification and directional sign and to install all necessary utilities to serve said sign. Upon the granting or dedicating to the CITY of an easement for public street purposes in, over, under and across the area where such sign and the utilities serving same are located, the CITY agrees, subject to negotiation of a separate "Permit Agreement for the Private Use of Public Property", in substantially the form of Exhibit C attached hereto and made a part hereof, to permit the DEVELOPER to continue use of the area where the sign and the utilities servicing the same are located and such additional areas necessary to service, repair, maintain, replace or reconstruct such sign and utilities. Except for the location of the identification and directional sign, the sign must in all other respects comply with the CITY's sign ordinance in effect at the time DEVELOPER applies for 48440 2 a signed permit. 11. The CITY will permit the DEVELOPER to name the 9-ton road referenced in paragraph 3 of this Agreement. 12. This Agreement will become null and void at the time a final plat encompassing PARCEL A and PARCEL B is approved by the City Council. 13. Any amendment to the Agreement must be in writing, and authorized by the City Council. 14. 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. 15. This Agreement shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on, the day and year first above written. DEVELOPER: HEALTHSYSTEMM~SOTA CITY OF PRIOR LAKE BY:~ Its: ~ \/.... ~o . ..::;t- 48440 3 5 DE. V E. LOP ME N1 A b~E E. 14 e.rJr E x \-\-l' rr ~ FRANKL IN TRA I L i ,. ,." .. Ii 'I II 'II '11.11111' ~ IlInl i; .! II! Ii !, H 8 pi PI Iii d~ I. . IIi; n . I · I' ,I I i ~= ~ ;::.. ! !l~ I~ Ii E- ~m I l I . U , Ii ~ i ~ ~ I' it i Ii i! I , I l 13 I I, "\ .., ~ '" C % .... ~ ;= o o c: ~ l!ll ~I 01\' "'. I U> -If HealthSystem Minnesota APR " !]\!J [~ ~! . ... I 29m : \ 3800 Park Nicollet Boulevard Minneapolis, MN 55416-2699 Tel (612) 993-3123 Duane F. Spiegle. CPM Administrative Director Real Estate and Facilities (612) 993-3897 Methodist Hospital Park Nicol/et Clinic Primary Physician Network The Foundation Institute for Research and Education ;uuL March 26, 1998 Jane A. Kansier, AICP Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue Southeast Prior Lake, Minnesota 55372-1714 Re: Amendment to Preliminary Agreement for Development Contract for Park Nicollet Clinic in Prior Lake, MN Dear Ms. Kansier: Attached is the signed Amendment to Preliminary Agreement for Development Contract for the Park Nicollet Clinic - Prior Lake location. We have also attached the correct legal description of the property based on the current registration. e tions regarding the legal description of this property, please Schmeckpeper, at Dorsey & Whitney, telephone 343-7995. Attachments January 16, 1998 Matt Brokl Campbell Knutson 1380 Corporate Center Curve Suite 317 Eagan, MN 55121 RE: HealthSystem Minnesota vs. Kestral, et al. Dear Matt: I received your letter about the outcome of the above-referenced matter. I understand this proceeding results in a new legal description for the Park Nicollet site. As you know, the City signed a Development Contract with HealthSystem Minnesota for the development of the Park Nicollet Clinic. That contract included a legal description of this site. Since the description has changed, I think we need to revise the contract according. I have attached a copy of the Development Contract for your information. Please let me know what steps should be taken at this point, or if we should rely on HealthSystem Minnesota to take the appropriate action. Thank you for your help. If you have any questions, please contact me at 447-9812. Sincerely, ~a.~~ U~~~:"~. Kansier, AICP Planning Coordinator Enclosure .J:\97files\97l?itepl\parknjc\br,Qkl.doG 16200 cagle creek Ave. ::i.t.., J:-'rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CAMPBELL KNUTSON Professional Association Attorneys at Law January 15, 1998 Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Matthew J. Foli Marguerite M. McCarron George T. Stephenson Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Suesan Lea Pace (612) 452-5000 Fax (612) 452-5550 * Also licensed in Wi5consin Of Counsel: Gary G. Fuchs Ms. Jane Kansier Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372-1714 Dear Ms. Kansier: Re: HealthSystem Minnesota vs. Kestrel, et al. I enclose an Order in the above-referenced matter dated January 8, 1998. The Court has granted the Petitioner's Motion to Amend its Application by way of an amendment to the legal description contained within.the Application. Based upon our prior discussions, it is my understanding that the documents previously filed by the Applicant with the City are no longer in compliance due to this change in the legal description. Please let me know what revisions, if any, need to be made by the Applicant and I will forward that information on to their attorney. If you have any questions, please call me. Very truly yours, CAMPBELL KNUTSON Professional Association By: MKB:cjh Enclosure cc: Mr. Frank Boyles Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 Professional Association Attorneys at Law Joel J. Jamnik AnJrea McDtlwell Poehler Nhmhew K. Brokl* John F. Kellv Matthew J. Ftlli Marguerite M. McCarron Gel1rge T. Stephenstll1 CAMPBELL KNUTSO Thomas J. Campbell Roger N. Knutstln Thomas M. Scutt James R. Walston Elliott B. Knetsch Suesan Lea Pace (612) 452-5000 Fax (612) 452-5550 * * * Writer's Direct Dial: 234-6232 Writer's Fax: 452-5550 -,: Abu lICL'f1_'L'..l n~ I,'Ci'iC011Sin utCluml'L: Gary G. Fuchs December 19, 1997 Mr. Don Rye Planning Director City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Re: Application of HealthSystems Minnesota Dear Don: I enclose a copy of the following documents relating to the above matter: 1. Notice of Motion and Motion to Amend the Application; 2. Support Affidavits; 3. Memorandum; 4. Proposed Order; and 5. Original Survey. The Applicant wishes to amend the legal description of the property. I see no reason for the City to object to this Motion. I would appreciate it if you would review the enclosed survey and legal documents. If you determine the City should be objecting to the change in the legal description, please let me know. 58308 Suite 317 . Eagandale Office Center · 1380 Corporate Center Curye · Eagan, MN 55121 Mr. Don Rye December 19, 1997 Page 2 If you have any questions, please call me. Very truly yours, CAMPBELL KNUTSON Professional Associatio By: Matthew K. Brokl MKB:jlw Enclosures (original survey) cc: Frank Boyles (w/enclosures not including survey) 58308 STATE OF MINNESOTA COUNTY OF SCOTT DISTRICT COURT FIRST JUDICIAL DISTRICT No. 9607282 In The Matter of the Application of HealthSystem Minnesota, a Minnesota non-profit corporation to register the title to certain land. NOTICE OF MOTION AND MOTION PLEASE TAKE NOTICE that on January 8, 1998 at 9:00 a.m., or as soon thereafter as counsel may be heard, before the Special Term Judge in Room 212 of the Scott County Courthouse, Shakopee, Minnesota, Petitioner HealthSystem Minnesota will move this Court for an order granting Petitioner leave to amend the Application filed herein to change the legal description of the real property sought to be registered. This motion is based on the Affidavit of James E. Schmeckpeper, the Affidavit of John Barnes, the Memoranc!um in Support of the Motion filed herewith, and on all the files and proceedings herein. Dated: DUFMbac I ~1997 Attorneys for Plaintiff STATE OF MINNESOTA COUNTY OF SCOTT DISTRICT COURT FIRST JUDICIAL DISTRICT No. 9607282 In The Matter of the Application of HealthSystem Minnesota, a Minnesota non-profit corporation to register the title to certain land. AFFIDAVIT OF JAMES E. SCHMECKPEPER STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) James E. Schmeckpeper, being duly sworn on oath, hereby deposes and states as follows: 1. I am a member of the firm of Dorsey & Whitney LLP, attorneys for HealthSystem Minnesota (lfHSMIf) in the above-entitled action to register title to real property. 2. On June 24, 1996, HSM filed its Application to register its fee title to the real property legally described on Exhibit A of the Application. 3. Following issuance of the Report of the Examiner of Titles, the entry of the Order for Land Title Summons and service and publication of the Land Title Summons, HSM caused the real property to be re-surveyed in an attempt to more clearly define the location of the boundary lines and corners of the real property in relation to the adjoining parcels of real property. This survey was also done in anticipation of obtaining the interlocutory order setting judicial land markers in connection with Petitioner's request to register the boundary lines of the real property. 4. Petitioner employed Sunde Land Surveying to prepare a survey of the legal description in the Application ("Original Description"). 5. In the course of preparing this survey, Sunde determined that the Original Description did not coincide with the boundary lines of some of the adjoining parcels of real property (See Affidavit of John Barnes). 6. In order to resolve or eliminate certain gaps and overlaps between the Original Description and the legal description of adjoining parcels of real property, Sunde prepared a new legal description ("New Description") of the real property to be registered. 7. Petitioner now seeks to amend its application to substitute the New Description in lieu of the Original Description. The proposed Amended Application is attached hereto. FURTHER AFFIANT SAITH NOT. Subscribed and sworn to before me this ~ day of tec.qrnbu" , 1997. ~(O),~ Notary Public LORRAINE M PRINDLE NOTARY PU8lIC MINNESOTA MY COMMISSION EXPIRES JANUARY 31 2000 STATE OF MINNESOTA COUNTY OF SCOTT DISTRICT COURT FIRST JUDICIAL DISTRICT No.96-07282 In The Matter of the Application of HealthSystem Minnesota, a Minnesota non-profit corporation to register the title to certain land. NvlENDED APPLICATION STATE OF MINNESOTA) COUNTY OF SCOTT ) To the Judges of the above named Court: The corporation herein named makesan amended application, by and through its proper officers, to register the title to the land hereinafter described. A. Name of Applicant: HealthSystem Minnesota Principal place of business: 3800 Park Nicollet Blvd., Minneapolis, MN 55416 County of Hennepin, State of Minnesota. B. Incorporated under the laws of Minnesota. C. Description of land, situated in Scott County, Minnesota, is as shown on Exhibit A, which is attached hereto and made a part hereof, and revises the legal description of the land shown on the original Application. - The estimated market value of the land to be registered, exclusive of improvements, according to the last official assessment is $142.500.00. D. Estate or interest in the dominant estate is in fee simple. E. The names and residences of all persons or parties, except the applicant, who appear of record, or who are known to the applicant to have or claim any right, title, estate, lien or interest in the above described land: Partv -----...... Interest 1. State of Minnesota Right to construct temporary Snow Fences adjacent to County Road 13 pursuant to instrument recorded in Book 148 of Deeds on Pages 189-192 2. Village of Prior Lake Easement dated July 31, 1963, filed September 10, 1963 in Book 158 of Deeds, Pages 359-361 3. Public Easement for access recited in Deed recorded in Book 157 of Deeds, Pages 451-452 F. The land is occupied by the Applicant. G. Liens and encumbrances on the land, recorded or unrecorded: None. H. Applicant does desire to register the boundary lines of said land. 1. Defects, if any, in applicant's title: 1. The legal descriptions of adjoining properties were incorrectly monumented and resulted in the incorrect location of the boundaries of the subject property and adjoining properties. The actual historical, recognized boundaries are accurately described by the legal description on Exhibit A and Petitioner seeks registration of said legal description and the boundaries thereof. 2. The Easement for access recited in Deed recorded in Book 157 of Deeds, Pages 451-452 may not have been conveyed to or accepted by the City of Prior Lake. WHEREFORE, the Applicant prays the Court to find and declare the title of the Applicant in said land and decree the same, and order the Registrar of titles to register the same, and to grant such other and further relief as shall be according-to equity. HEALTHSYSTEM MINNESOTA By Its STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) , being first duly sworn, says that he/she is the of the corporation above named; that he/she knows the facts and contents set forth in the foregoing application; that the statements therein are true of his/her own knowledge, save as to such as are therein stated on information and belief, and as to those he/she believes them to be true; and that said application was signed by him/her on behalf of said corporation by authority of its Board of Directors. Subscribed and sworn to before me this day of , 1997. Notary Public Attorneys for Applicant: Dorsey & Whitney LLP 220 South Sixth Street Minneapolis, MN 55402 James E. Schmeckpeper (612) 343-7995 Approved for filing: Deputy Examiner of Titles EXHIBIT "A" PROPOSED PROPERTY DESCRIPTION FOR TITLE REGISTRATION That part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at a point on the east line of said West Half of the Southeast Quarter, distant 1677.13 feet north of the southeast corner thereof (said east line to bear North 0 degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to the point of beginning of the land to be described; thence South o degrees 37 minutes 17 seconds West a distance of 700.00 feet to the intersection with a line drawn at right angles to said east line of the West Half of the Southeast Quarter from a point on said east line distant 700.00 feet southerly of the point of commencement; thence North 89 degrees 12 minutest 57 seconds West a distance of 700.00 feet; thence North 0 degrees 37 minutes 17 seconds East a distance of 695.83 feet to the southeasterly right-of- way of Highway No. 13; thence northeasterly a distance of 6.68 feet along said right-of-way to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of beginning; thence South 89 degrees 12 minutes 57 seconds East a distance of 694.77 feet to the point of beginning. Together with that part of said West Half of the Southeast Quarter of Section 2 described as follows: Commencing at a point on the east line of said West Half of the Southeast Quarter, distant 1677.13 feet north of the southeast corner thereof (said east line to bear North 0 degrees 47 mirlutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to a line which bears North 0 degrees 37 minutes 17 seconds East from the southeast corner of said West Half of the Southeast Quarter; thence North 0 degrees 37 minutes 17 seconds East a distance of 263.95 feet, more or less, to the Southerly right-of-way line of County Road 39 (Franklin Trail); thence westerly along the said Southerly right-of-way line a distance of 150.00 feet to the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17 seconds West a distance of 256.44 feet to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 61.25 feet to the intersection with a line 215.84 feet westerly, as measured at right angles, of said east line of the West Half of the Southeast Quarter; thence North 0 degrees 47 minutes 03 seconds East parallel with said east line a distance of 253.41 feet to the intersection with said Southerly right-of-way line of County Road No. 39 (Franklin Trail); thence easterly along said parallel line a distance of 60.57 feet to the point of beginning. STATE OF MINNESOTA COUNTY OF SCOTT DISTRICT COURT FIRST JUDICIAL DISTRICT No. 9607282 In The Matter of the Application of HealthSystem Minnesota, a Minnesota non-profit corporation to register the title to certain land. AFFIDAVIT OF JOHN BARNES STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) John Barnes, being duly sworn on oath, hereby deposes and states as follows: 1. I am the Senior Vice President and a registered land surveyor of Sunde Land Surveying, Inc. ("Sunde") and I have been directly involved with and have knowledge of the survey prepared on behalf of HealthSystem Minnesota ("HSM") for the above-entitled registration action. 2. At the direction of HSM, Sunde reviewed the legal description sought to be registered by HSM ("Old Description") in this action for purposes of preparing a survey depicting the location of the boundary lines as described in said description. In the course of our review of the Old Description and the legal descriptions of surrounding properties, as provided to me, and the described location of State Highway 13 and our perceived description of County Road 39 (Franklin Trail), Sunde identified certain gaps and overlaps existing along the north and south boundaries of the Old Description. 3. At the direction of HSM, Sunde prepared a new legal description for the subject property to coincide with the existing property descriptions along the north and south ("New Description") and minimize the gaps and overlaps. The New Description and the location of the boundary lines as described by the New Description are shown on the survey dated September 23, 1997 which is attached hereto ("Survey"). 4. The boundaries of the property as described by the New Description match or lie within the boundaries of the property as described by the Old Description with one exception. The north boundary of the New Description which runs from State Highway 13 to the point of commencement is located north of the location of this boundary line as described in the Old Description. The location of this boundary was changed to coincide with the south boundary of the parcel immediately north of the subject property and minimize the gap between these properties created by the Old Description. 5. The existing monuments found by Sunde on the property did not appear to be located in their described positions and are not reliable for purposes of locating the boundary lines as described. Sunde has set new monuments at the comers of the New Description which would be the location of the judicial landmarks if the boundaries of the New Description are registered. FURTHER AFFIANT SAITH NOT Subscribed and sworn to before me this ~day of OP/'-rfi7f?-e'r. 1997. )!8~ ~Qt~ Notary Public MARIAJ. WAY NOTARY PUBUC-MINNESOTA DAKOTA caUNTt My Commission ;Pires Jan. 31 0 2000 2 STATE OF MINNESOTA COUNTY OF SCOTT DISTRICT COURT FIRST JUDICIAL DISTRICT No. 9607282 In The Matter of the Application of HealthSystem Minnesota, a Minnesota non-profit corporation to register the title to certain land. MEMORANDUM IN SUPPORT OF MOTION STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) THIS MEMORANDUM is made in support of Petitioner's motion to amend its Application in the above-entitled registration action. FACTS HealthSystem Minnesota ("HSM") has commenced this action seeking to register its fee title to certain real property located in the City of Prior Lake, County of Scott, State of Minnesota. The legal description of the property is set forth on Exhibit A of the Application. HSM has obtamed a survey from Sunde Land Surveying which discl9sed certain problems with the legal description contained in the Application. See Affidavit of John Barnes. Sunde therefore created a new description to resolve these problems and Petitioner now seeks an order allowing Petitioner to amend its Application to substitute the new description in lieu of the old description. ARGUMENT Minnesota Statutes Annotated, Section 508.09 states that: "Amendments to the Application, including joinder, substitution, or discontinuance as to parties, may be allowed by the Court at any time upon terms that are just and reasonable, but all amendments shall be in writing and signed and verified like the original Application." Petitioner's proposed Amendment is just and reasonable in that it will resolve the gaps and overlaps that exist with the current description. The Amendment will not prejudice any rights of the adjoining property owners because (i) the new description boundaries coincide with the adjoining property boundaries and (ii) the adjoining property owners will have notice and opportunity to object to the new description in the course of this registration action. Petitioner's Amended Application also complies with the above-referenced statute in that it is in writing, is signed and verified in the same manner as the original Application. See Affidavit of James E. Schmeckpeper. CONCLUSION Petitioner's proposed Amendment complies with Minnesota Statutes Annotated, Section 508.09 and this Cour:.t should grant Petitioner's Motion to Amend. By . James E. Schme 220 South Six et Minneapolis, MN 55402 (612) 343-7995 Attorneys for Petitioner STATE OF MINNESOTA COUNTY OF SCOTT DISTRICT COURT FIRST JUDICIAL DISTRICT No. 9607282 In The Matter of the Application of HealthSystem Minnesota, a Minnesota non-profit corporation to register the title to certain land. ORDER The above-captioned action came on for hearing before the undersigned Judge of Scott County District Court, on January 8, 1998, pursuant to Petitioner's Motion to Amend its Application. James E. Schmeckpeper, Esq. appeared on behalf of Petitioner, and appeared on behalf of . Upon all the files, records and proceedings herein, including the arguments of counsel: IT IS HEREBY ORDERED, that Petitioner's motion to amend the Application is hereby granted. Dated: .1998. BY THE COURT: District Court Judge FILE COpy December 17, 1997 Dean Williamson Frauenshuh Companies Minnesota Center Suite 210 7760 France Avenue South Bloomington, MN 55435-5802 RE: Park Nicollet Permit Agreement for Private Use of Public Property Dear Dean: Enclosed is a draft of the "Permit Agreement for Private Use of Public Property" for the Park Nicollet Clinic. As you recall, this agreement was called for as part of the development Contract for the Park Nicollet Clinic. The purpose of the agreement is to allow one illuminated identification and directional sign at the Franklin Trail entrance as shown on the attached exhibit. Please review this agreement and let me know your comments. I am also sending a copy to the City Attorney for review. Once the agreement has been signed, we will forward it to the City Council for approval. If you return a signed copy to me by December 23, 1997, we can bring this to the Council on January 5, 1998. Thank you for your help in this matter. If you have any questions, please contact me at 447-4230. Sincerely, Q. ~ Al^ . : -u ~ Kansier,\&;~.. 4~;:n~g Coordinator Enclosure c: Suesan Lea Pace Michael Haug, Design Director, Larsen Design Office 1:\97files\97sitepl\parknic\ 12171et.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ...,................_>-':..,.":.w>~.,Iit..l.i.J~"".....:. .~',:,;._~"'-.,.......t". r""" .... "',~,~.-.:-.'_."" TO: FROM: Jay Scherer, Building Inspector Jane Kansier, Planning Coordinat~ November 21, 1997 - U DATE: RE: CC: Park-Nicollet Final Inspection File Following the inspection of the Park-Nicollet site on Friday, November 21, 1997, there are still items which have not been completed according to the approved plans. These include the following: 1. The site must be sodded and seeded according to the approved landscaping plan dated May 22,1997. 2. The area surrounding the sign along Highway 13 must be landscaped according to the approved landscaping plan dated May 22, 1997. 3. An irrigation system must be installed for the area shown on the approved landscaping plan dated May 22, 1997. We received a letter of credit for the landscaping on this site. This letter of credit will not be released until one year after the City has inspected and accepted the landscaping on the site. Thank you for the opportunity to comment. Please let me know if you have any questions. I: \97files\97sitepl\parknic\inspect.doc filE COpy November 3, 1997 Laura Alexander Nordquist Sign Company 312 West Lake Street Minneapolis, MN RE: Sign Permits for Park Nicollet Clinic Dear Ms. Nordquist: The City of Prior Lake has reviewed your sign permit application for the Park Nicollet Clinic located at 16705 Franklin Trail. There appears to be some confusion about what is allowed at this site. The staff has reviewed the Sign Ordinance, the approved site plan for the Park Nicollet Clinic and the signed Development Agreement. Based on this information, we have made the following determinations: · Illuminated Identification and Directional Sign: The Development Agreement between the City of Prior Lake and HealthSystem Minnesota allows one illuminated identification and directional sign at the intersection of Franklin Trail and the access road. This sign, except for its location, must comply with the City Sign Ordinance requirements. The City of Prior Lake Sign Ordinance permits directional signs with a maximum sign area of 6 square feet, and a maximum height of 4' above the centerline of the adjacent right-of-way. The sign you are proposing exceeds these standards. The Development Agreement also specifically states the location of this sign is subject to City approval. The directional sign is also subject to the negotiation of a separate "Permit Agreement for the Private Use of Public Property". This agreement has not been negotiated or signed at this time. · Freestandina and Monument Sians: The Sign Ordinance permits one freestanding sign and one ground monument sign in Business and Industrial Districts. There is already a freestanding sign on this site, located along Highway 13. The "post and panel" sign you are proposing is considered a second freestanding sign and, therefore, is not permitted. You may erect a ground monument sign, no more than 120 square feet in area and with a maximum height of 10' above the natural grade, and setback at least 10' from the property lines as shown on the approved site plan. · Wall Signs: The wall signs you are proposing fall within the permitted sign area, and therefore are allowed. 1:\97files\97sitepl\parknic~nlet.doc 16200 Eagle Creek Ave. :,.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER " This information should clear up any confusion or misunderstanding about the permitted signs at this site. At this time, we can proceed with the permits for the wall signs. The remaining signs must be revised to meet the City Sign Ordinance requirements. Also keep in mind separate permits are required for each sign. Thank you for your attention to this matter. If you have any questions, please contact me or Jenni Tovar at 447-4230. Sincerely, Jane A. Kansier, AICP Planning Coordinator c: Dean Williamson I :197fi1es197 sitepllparkniclsignlet.doc May 27, 1997 Dean Williamson Frauenshuh Companies Minnesota Center Suite 210 7760 France Avenue South Bloomington, MN 55435-5802 RE: Park Nicollet Development Agreement Dear Dean: Attached, for your records, is an original signed copy of the development agreement for the Park Nicollet clinic site in Prior Lake. The City will also maintain a copy of this contract on file. For your information, we have signed off on the zoning portion of the building permit for this building. There may be a few minor issues with the Building and Engineering departments, but I believe the permit is nearly complete. Thank you for your work and cooperation on this matter. If you have any questions, please contact me at 447-4230. Sincerely, Q~~ ~KanSier, AICP ~~~; Coordinator Enclosure 1:\97files\97sitepl\parknic\finllet.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 Date: May 22, t 997 Number of pages including cover sheet: 2 To: Suesan Lea Pace Campbell. Knutson. Scott & Fuchs 1380 Corporate Center Curve Suite #317 Eagan. MN 55121 Phone: 452-5000 Fax phone: 452-5550 CC: From: Jane Kansier Phone: Fax phone: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake MN 55372 (612) 447-4230 (612 447-4245 REMARKS: ~ Urgent o For your review ~ Reply ASAP o Please comment Suesan: Attached is the signature page of the Development Contract for Park Nicollet. Please fax me a signed copy back. I will give Kirsten the originals so you can sign them when you are in on Tuesday. Thanks for your help. ,/22/97 THU 16:05 FAX 612 452 5550 C K S & F 14I 001 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thomas J. Campbell R()~er N. Knut:!on Th"m',ls M. Scot[ G:iry O. Fuchs James R. Walston EllioH B. Knct.~ch Suesan Lea Pace (612) 452-5000 Fax (612) 452-5550 Andrc..:a Mc;:Dowdl Poehlc:r Marrhcw K. Brokl Joh[l F. Kelly Marguerite M. McCarTon George T. 5u:phenson FAX TRANSMITTAL DATE: t-1A~ 2.'2., It::( Cf-; PLEASE DELIVER THE FOLLOWING PAGE(S) TO: ~ftf-.Jf- -k~~"'Sl~ SLuts QA.L ~CI- 'PCLeJL- SENDER: TOTAL NUMBER OF PAGES (including cover): 2- @ # 4-L/( - !:f-L.YS @ -1 ~,)2 -5550 NAME: i I' "IF yoU DO NOT RECEIVE ALL PAGES, PLEASE CALL J (} R ~(f- ~ _ ?CM-Y J 1t-' urU.e-!- llw.e-?wp rt. e.t.l f- ~~e.:::t . @ (612) 452-5000. ** RE: COMMENTS: o ORIGINAL TO FOLLOW BY MAlL. NOTICE OF cONFIDENTIALITY The infonnation contained in and uansmitted with this facsimile is: 1. SUBJECT TO'IllE ATI'ORNEY-CLIENT PRIVILEGE: 2. A'ITORNEY WORK PRODUCT; OR 3. CONFIDENTIAL. It is intended only for the:: individual or entity designated above. You are hereby notified that any dissemination, distribution. copying or use or relianct upon the information contained in or transmitted with this facsimile by or to anyone other than the recipient designated above by I sender is unauthorized and strictly prohibited. If you have received this facsimile in error, please notify CAMPBELL, KNUTSON, scan FUCHS BY TELEPHONE AT (612.) 452-.5000 IMMEDIATELY. Any facsimile erroneously transmitted to you should be immediately returned to the sender by U.S. Mail or. if authol'i2:ation is granted by sender, destroyed. \ Suite 317 . Eagandale Office Center . 1380 Corporate Cenrer Curve · Eagan, MN 55121 I '" Pr rJ lC f - r--- - f4J 001 05/07/97 WED 09:12 FAX 612 452 5550 C K S & F ,. CAMPBELL, KNUTSON, SCOTT &: FUCHS, P.A. Attorneys at Law Suite 317 Eagandale Offic:e Center 1380 Corporate Center Curve Eagan, MiDnesota 55121 <'12) 452-5000 FAX (612) 452-5550 FACSIMilE TRANSMISSION - COVER SHEET PLEASE DELIVER TO: LORRAINE PRINDLE @ 340-7800 cc: Frank Boyles @ 447-4245 ~~I)GD R.ye @ 447-4245 DATE: May 6, 1997 SENDER: JAMES R. WALSTON RE: CITY OF PRIOR LAKE HEALTHSYSTEMS - TORRENS PROCEEDING OUR FILE NO. 3693/104 COMMENTS: TOTAL NUMBER OF PAGES: (INCLUDING COVER PAGE) IF YOU DO NOT RECEIVE ALL PAGES. PLEASE CALL ROBBY AT (612) 452-5000. ~ o ORIGINAL TO FOLLOW BY MAIl. NOTICE OF CONFIDENTIALITY The information contained in and uansmitted with this facsimile is: ,. SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE: 2. ATTORNEY WORK PRODUCT; OR 3. CONFIDENTIAL. It is intended only for the individual or entitY designated above. You are hereby notified that any dissemination, distribution, copying or uae of or reliance upon the information contained in or tram;mined with this facsimile by or to anyone other than the recipient designated above by the sender is unauthorized and strictly prohibited. If you hall. received this facsimile in error, please notify CAIVIPB~LL, KNUTSON. SCOTT 8& FUCHS BY TELEPHONE AT (6121 462- 5000 IMMEDIATELY. Any facsimile erroneously transmitted to you should be immediately retumed to the sender by U.S. Mail or. if authorization is granted by sender, destroyed. 50877 CAMPBELL, KNUTSON, SCOTT & FUCHS, EA. Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. Scott Gary G. FUE.hs James R. Walston Elliott B. Knetsch Suesan Lea Pace (612) 452~5000 Fax (612) 452~5550 Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Marguerite M. McCarron George T. Stephenson ,. Also licensed in Wisconsin * * * Writer's Extension: 217 Writer's Fax: 452-5550 May 23, 1997 ~~. Mr. James E. Schmeckpeper Dorsey & Whitney, LLP 220 South Sixth Street Minneapolis, MN 55402-1498 Re: In the Matter of the Application of HealthSystem Minnesota, a Minnesota non-profit corporation, To Register Title to Certain Land Court File No. 96-07282 Our File No. 3693/104 Dear Mr. Schmeckpeper: Enclosed here with and served upon you by United States Mail is the Answer of Defendant City of Prior Lake. Very truly yours, CAMPBELL, KNUTSON, SCOTT &FU JRW:rlt Enclosure cc: Mr. Frank Boyles, City of Prior Lake Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve . Eagan, MN 55121 51493 STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT CASE TYPE: 14/0THER CIVIL -------------------------------------------------------- In the Matter of the Application of Court File No. 96-07282 HealthSystem Minnesota, a Minnesota non-profit corporation, ANSWER OF DEFENDANT CITY OF PRIOR LAKE To Register Title to Certain Land, Applicant. -------------------------------------------------------- TO THE HONORABLE JUDGES OF THE DISTRICT COURT OF SCOTT COUNTY: COMES NOW, Defendant City of Prior Lake, a municipal corporation organized under the laws of the State of Minnesota ("Defendant"), and for its Answer to the Applicant's Application states and alleges as follows: I. Defendant was served with Applicant's Land Title Summons on April 21, 1997. II. Defendant has an interest in the real property which is the subject of this registration. Defendant's interest is in a perpetual easement for construction, maintenance and inspection of underground sewer and water pipes granted to the Village (now City) of Prior Lake by Easement dated July 31, 1963 and recorded September 10, 1963 as Document No. 103349 (Book of Deeds, pages 359-361). 51317 III. This answering Defendant claims no interest in the real property subject to this proceeding for public roadway or public ingress and egress purposes, allegedly created by private parties or allegedly created by operation of law. N. Defendant therefore objects to any registration of land in this matter without the above-described easement interest being included as a memorial upon the Certificate of Title to be issued pursuant to a Final Decree of Registration. WHEREFORE, Defendant prays that the relief set forth in the Application be denied unless Applicant agrees to register the land sought in its Application for Registration of Land subject to the above-described perpetual easement for construction, maintenance and inspection of underground sewer and water pipes. Dated: May 2- ') , 1997. CAMPBELL'~OTT ~S,P.. I B. Suesan Lea P ce, #199345 James R. ston, #170525 eys for Defendant City of Prior Lake 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452-5000 51317 2 STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT CASE TYPE: 14/0THER CNIL -------------------------------------------------------- In the Matter of the Application of Court File No. 96-07282 HealthSystem Minnesota, a Minnesota non-profit corporation, VERIFICATION To Register Title to Certain Land, Applicant. -------------------------------------------------------- STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA) JAMES R. WALSTON, having been duly sworn on oath, states that he is the attorney for Defendant City of Prior Lake, in the above-entitled proceeding; that he has read the attached Answer; and that it is true and correct to his own knowledge, except as to matters stated on information and belief, and as to --- to be true. Subscribed and sworn to before me this~day of May, 1997. .N~_..../!".#t....MI'>>A.....!'_.N_V...~............W:J:.. Ie 9(p6erta L. tz"ejetfa I ' .~' NOTARY PUBLIC - MINNESOTA .... My Comm. Expires Jan. 31, 2000 . . 51317 3 05/07/97 WED 09:12 FAX 612 452 5550 CKS&F I4J 002 CAMPBELL, KNUTSON, SCOTI & FUCHS, P.A. Attorneys at Law TholOas J. Camphc:ll R4IJ.lcr N. Knllt~lm ThmllilS M. SCMt O.try O. Fuc;hs Jl'ln\l~s R. Walstlln Ell intt B. l( n~[sc.h Suesan Lea P:u:e (612) 452~5000 Fax (612) 4.s2~SS50 Anun:a McL)owell Pllehler MlItLhew K. Brold. John F. Kdly Marguerite: M. McCarron Geor"e T. Step!:tC:lUOn "Als" 1i<:.,....J in Wi.cunsin ... Writer's Edension: 217 Writer's Fax: 452-5550 May 7, 1997 VIA F ACSIMll...E TRANSMISSION Lomine Prindle, Legal Assistant Dorsey & Whitney Pillsbury Center South 220 S. Sixth Street Minneapolis, MN 55402 Re: HealthSystems Torrens Registration Matter Court File No. 96-07282 Qur File No. 3693/104 Dear Ms. Prindle: This law firm is legal counsel to the City of Prior Lake. As a follow.up to our telephone conference of May 5, 1997, enclosed please fmd a portion of a survey forwarded to City Hall by an adjoining landowner. Please note that the portion of the survey shows the northwesterly comer of the furthest west boundary line of the subject property encumbered by a twenty foot (20') easement per a document number, which is difficult to read, and is either 127058, 127053, 127033 or 127038. I am. in the process of getting this document from the county. 1 am bringing this to your attention because the survey you provided to me shows an easement in the same location as Document Number Book 157 of Deeds, pages 451-452. I will forward the document to you once I receive the same. Once you receive this document, you may want to amend your petition and advise the Examiner of Titles accordingly., As discussed, we are still in the process of determining the extent of the City's interest in the property subject to the Torrens proceedings. As such, you were to cotUmn the date of Sui[e 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 05/07/97 WED 09:12 FAX 612 452 5550 C K S & F 14J003 Lorraine Prindle May 7, 1997 Page 2 service, and we were going to discuss an extension of the time to answer the Summons. I shall await your response in this regard. Very nuly yours. CAMPBELL, ~ & FUCHS, P. . ~- JRW:kmh Enclosure alston cc: Frank Boyles (via facsimile) Don Rye (via facsimile) 50877 CAMPBELL) KNUTSON, SCOTT & FUCHS) P-A. Attorneys at Law Tn(1mas J. Camrhell Roger N. Knutson Thomas M. Scott Gary G. Fuchs James R. Walston Elliott B. Km:t~h Suesan LClI Pace (612) 452..5000 Fax (612) 452~5550 Andren McDcJwel1 Poehler Ms[chew K. Bwll JOhn F. Kelly Mnguetire M. McCarron George T. Stephem'lrl FAX TRANSMITTAL DATE: S'/':5'/Q{ PLEASE DELIVER THE FOllOWING PAGE(S) TO: NAME; Cb.-'<VL "~J \ ~ ~~ -1 @ # 4-'17 - L!Z"4S @ # '/52-5550 SENDER: TOTAL NUMBER OF PAGES (including cover): **IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL~~ (612) 452-5000.** RE: COMMENTS: o ORIGINAL TO FOLLOW BY MAlL. NonCE OF CONFIDENTIALITY The infonnation cODtained in and transmitted with this facsimile is: 1. SUBJECT TO THE ATIORNEY-CLIENT PRIVILEGE; 2. ATTORNEY WORK PRODUCT; OR 3. CONFIDENTIAL. It is intended only for the individual or entity designated above. You are hereby notified That any d.issemination. distribution. copying or use of or reliance upon the information contained in or transmitted with this facsimile by or to anyone other than tile recipient designated above by the sender is unaudlorized and strictly prohibited. If you have received this facsimile in error. please DoritY CAMPBELL. KNUTSON, scon & f1JCHS BY TELEPHONE AT (612) 452-5000 IMMEDIATELY. Any fac:simile erroneously transmitted to you should be bmnediately remrned to the sender by U.S. Mail or, if authorization is granted by sender. desttoyed. Suite 317 · Eagandale Office Center · 1380 Corpora[e Center Curve · Eagan, MN 55121 \ TOO~ d 'li' S )I J OSSS ~st ~19 XVd to:CT ilRl L6/ST/SO r .................. ................... . . . . . . . . . . . . . . . . . . ................... .................. ................... . . . . . . . . . . . . . . . . . . . .................. ...................................... . . . . . . . . . . . . . . . . . . ................... .................. . . . . . . . . . . . . . . . . . . . ..................................... .................. ................... .................. ................... ................... .................. ................... . . . . . . . . . . . . . . . . . . ................... ................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... ............ ..... .... ..... ..................... . ....... ............. ............................. ....................... ................... ........... ..................................1 01__ ... ...... . .. .. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..................... TO: Building Inspections Department Engineering Department Jane Kansier, Planning Coordinator ~ May 13,1997 U FROM: DATE: RE: Park Nicollet Clinic Plans Attached are revised plans for the Park Nicollet Clinic building. These plans should incorporate any changes or revisions we required. Please let me know if you have any comments or questions. I: \97files\97 sitepl\parknic\revplan. doc 05 02.'97 Hi:4B ~l 612 644 7008 SERVICE E~V L\G (z~ J{j ~; May 2, ]997 [SERV1;Cl{] Environmental & Ell ~ineerillg Ms. Sue McDermott Assistant City Engineer City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 2200 University Av<:,. IV /I! 10 ST. hIli!, M,v x: I J.l (612j 64166.)\ -;<iX ,612, 6.J1-?OO(? Re: Request for Information EZ Stop State Highway 13 and Franklin Trail Southeast Prior Lake, Minnesota Dear Ms. McDermott: Per your request, SERVICE Environmental & Engineering (SERVICE), on bebalf of H'~ahh Sysems, Minnesota, obtained information regarding the underground storage tanks (USTs) at the at )\,,_, referenced EZ Stop. Delta Environmental Consultants, Inc., the consultant for EZ Stop, }If!)\' ide I SERVICE with the following information. Four USTs are in use at the EZ Stop. The following table summarizes the status of the LJSTs. Underground Storage Tank Summary JtZ Stop PriOl' LJke, Minnesota --- -. . -------l I Tank Contents Size Construction Installation 1~~fJicjl . '" # (Gallons) Date D 1 Gasoline 4,000 A~halt-coated Steel *Unkllown 051: ------ 2 Diesel 4,000 A~phalt.coated Steel *Unknown u::.!: 3 Gasoline 4,000 A~halt.coated Steel 02/01/86 05 ': -- 1---- 4 Gasoline 8,000 A~phalt.coated Steel 02/0 I /86 OS!: "'Unknown installation dates indicate USTs were ins~lled before EZ StoD owned the facility and leLOIUS ration lte 0/86 0/<'0 0/86 0/86 I available. EZ Stop purchased the site in the late 1970,: 'so L are not --~ --- --- .. - --- .... Compliance monitoring, as required by the Minn~sota Pollution Control Agency (MPCA) and l oiled States Environmental Protection Agency (EPA), is accomplished by inventory control aod i:J.uLlul tightness testing. Ground water monitoring is also completed quarterly in seven gr(;ur~dwatt:[ m mitoring wells, as required by the MPCA. If you have any additional questions, please feel free to contact me at 644-6680. Sincerely, ~~/~~. Mark S. Mason Sen ior Project Managt:r .~,~\.;,~ ~'~~'l~~~':~~;~.;~~:~ '_Vii~lr. @ CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 To: Dean Williamson Minnesota Center, Suite 210 7760 France Avenue Bloomington, MN 55435 Phone: 896-2322 Fax phone: 896-2311 CC: Date: April 3D, 1997 Number of pages inclUding cover sheet: 4 From: Jane Kansier Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-4230 Fax phone: (612) 447-4245 REMARKS: o Urgent [gI For your review 0 Reply ASAP o Please comment Attached is a copy of the Staff Agenda Report prepared for the Council meeting on May 5, 1997. This report outfines the background and the terms of the development contract for the Park Nicoffet project. One of the issues with the Development Contract is the potential risk to the City due to the contaminated soifs. The City Attorney is very concerned about this risk. In order to assure the Council there is minimal risk, we are asking that you verify when the new tanks at the EZ Stop were installed, and what type of monitoring equipment is utifized. If possible, please forward this information to me by Monday, May 5, 1997, so I can distribute it to the Council before the meeting on Monday night. Thank you for your help. If you have any questions, please contact me at 447-4230. CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 To: Suesan Lea Pace Campbell, Knutson. Scott & Fuchs 1380 Corporate Center Curve Suite #31 7 Eagan MN 55121 Phone: 452-5000 Fax phone: 452-5550 CC: Date: April 30, 1997 Number of pages including cover sheet: I ~ From: Jane Kansier Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake. MN 55372 Phone: (612) 447-4230 Fax phone: (612) 447-4245 REMARKS: o Urgent ~ For your review 0 Reply ASAP o Please comment Suesan: Attached is the revised Development Contract for Park Nicollet. I added the items from Engineering as item #2 on page 2. Let me know if this looks okay. If so, let me know if I should forward it to Park Nicollet or if you will send it to their attorney. Thanks for your help. ~ Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Suesan Lea Pace CAMPBELL KNUTSON cD:-i'-Wj@l Professional Association I ,k,~ . . .) ,1 1998 ~I Attorneys at Law ~ I I (612) 452-5000 oel . amnik J Fax (612) 452-5550 Andrea McDowell Poe er Matthew K. Brokl * John F. Kelly Matthew J. Foli Marguerite M. McCarron George T. Stephenson April 22, 1998 * Abo lice1l5ed in Wisconsin Ms. Jane Kansier Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372-1714 Of CounseL Gary G. Fuchs Re: HealthSystem ~1innesota vs. Kestrel, et al.: Development Agreement Dear Ms. Kansier: I enclose documents I received from the attorneys for HealthSystem. The new legal descriptions have been approved by the Examiner of Titles. Using these legal descriptions, you may now move forward to present the Amendment to the City Council for review. If you have any questions, please call me. Very truly yours, CAMPBELL KNUTSON Professional Association MKB Enclosure cc: Mr. Frank Boyles By: Matthew K. Brokl Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve. Eagan, MN 55121 CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 Date: April 24, 1997 Number of pages including cover sheet: 7 To: Suesan L. Pace Campbell Knutson. Scott & Fuchs 1380 Corporate Center Curve Suite #31 7 Eagan MN 55121 Phone: 452-5000 Fax phone: 452-5550 CC: From: Jane Kansier Phone: Fax phone: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake MN 55372 (612) 447-4230 612) 447-4245 REMARKS: o Urgent 181 For your review 0 Reply ASAP 181 Please comment Suesan: Attached is a copy of the letter to you from the Park-Nicollet attorney, as you requested. Thank you for your help. Please let me know if you have any other questions. -- I,IjAPR, 7, 1997' 10: 56AMJU uFRAUENSHUH COMP ANI ESORSEY 6: WHITNEY NO, 5426 p, 3/8 IaJ002 DORSEY & WHITNEY LLP MINN&"POLlll , LONgON ...l.lIStlU P1LLSDUIl.V CENT"'''' SO~I-f 220 SOUTH SIXTH STIIoKIlT MINNE'\POLlS. M."'NlillOTA 55402-1498 TELErtiONll (612) 340-2600 fAx: (612) 340-2868 PHIUP r. BOEL/I'IR (61aJ MlM&48 PM (812) 8ft).78CID NV....'l'OI'.Jl ,.,"s..,"'w-.;-o.... ~C, J>lII'NSJl, lIEATI"L' HO'" (I ,"ON" JI"....c;O DES 114o::'1NI5 II.Dt:;NISTU DII..&.&N"'; MlOiICnlLA COST- IIIlIB5.4. .....IAT P"L1.$ Aprl14, 1997 Susan Pace Camphell" Knutson, Scott &:: Fuchs,I'.A. 1380 Corporate Center Drive 311 Eag.;idale Office Center Eagan,~~ 55121 RE: Prior Lake Dear Ms. Pace; We are the attorneys for ;HealthSystem Minnesota in ~onnection with. the deve:~opment of the property owned by HealthSystem Minnesota near the intersection of FTanklin Road and Highway 13 in Prior Lake, Minnesota. Dean Williamson has provided us with a PreliminaJ;'Y A.greement For Development Contract which 'We understand you have prepared. With respect to said Preliminary Agreem.E'nt For Development Contract, we make the following comments: '1. The Developer should be identified in the Agreem.ent as "HealthSystem Minnesotal a Minnesota nonprofit corporation". 2_ It is my Wlderstanding that a portioXl of the tract of land owned by HealthSystem Minnesota will he designa.ted as Parcel A, that the balance of the property owned by HealthSystem. Minnesotll will be designated as Parcel B and that the entire property owned by HealthSystem Minnesota will not be replatted at thiS time. HSM requests that Parcel A and Parcel B be shown on "' drawing to be iIl*ched to the DevelopD'lent Contract and that legal desQriptions of Parcel A and Parcel B not be prepared at this time. A proposed drawing is enclosed for your review. RECEIVED TIMEAPR. 4. 12:39PM O'APR. 7. 1997[ 10: 56A1fAX SJFRAUENSHUH COMPANIESORSEY "WHITNEY Susan Pa('e April 4, 1997 Page 2 ~b ~ ~7. NO. 5426 P. 4/8 III 003 DORSEY &. WHITNEY LLP 3. It is my understanding that the City has a sanitary sewer and water main easement that runs roughly along the west property line of the HSM property to Highway 13. The easement is 30 feet Wide and is t' generally shown on the attached drawing. The centerline of the easement is roughly the west property line of the HSM property. HSM requests (a) that the City agree to acquire the right for the City and HSM to locate utilities, sanitaty sewer and storm sewer pipes and lines serving the HSM property in this easement area and (b) th<1,t HSM be granted a perpetual right to locate utilities, sanitary sewer and storm sewer pipes and lines serving the HSM property in this easement area. HSM would prefer that the cost of acquiring ~id eaSements be paid by the City. 4. The location of the 9-ton road tha.t HSM will construct as provided in Paragraph 2 of the Development Contract is shown on the enclosed drawing to be attached to the Development Contract as discussed above in Paragraph 2 of this letter. In addition, HSM .requestS (a) that the City agree to repair, maintain and, if necessary, replace the 9-ton road (including necessary snow removal) and any utilities located. therein and (b) that HSM be expressly granted the right to name the 9..ton road. 5. In determining any utility service oversizing required by the City as provic:led in Paragraph 2 of the Development ~ontract, the City should pay for the cost of any utility service in excesJ1he utility service necessary to serve Parcel B only. In Paragraph 3 of the Development Contract, HSM requests that the City defer collection of im trunk sewer and water fees for Parcel A until Parcel B is developed. In other words, HSM requests that the words" OJ:' until January 1, 200~hichever occurs first" be deleted. ~.- ~ HSM requests that PaxagrClph 6 of the Development Contract be revised to provide for the erection, reconstruction, repair, maintenance and operation of an illuminated. id~ntification and directional sign, including all utilities necessary to operate said sign and necessary ingress and egress for all of the foregoing putposes. The general location where such sign, utilities and access may be located is shown on the drawing to be attached to the Development Contract as discussed above in Paragraph 2 of this letter. In addition, HSM requests RECEIVED TIMEAPl ~ 12:39PM ----.:::APR. 7. 1997!.10:56At/u. DJFRAUENSHUH COMPANIEStORSEY. WHITNEY NO. 5426 P. 5/8 lZIoo4 DOR.SEY &. WHITNEY LLP Susan Pac:e April 4, 1997 Page 3 that the Development Contract provide that such sign will be a standard Park Nicollet Clinic: sign substantially as shown on an exhibit to be attached to the Development Contract. It is my undersmnding that Dean Williamson will provide both of us with a copy of the proposed exhibit. Please send me for my review the form of "Private Use of Public Property Agreement" to be attached to the Development Contract as E~hibit C. 8- HSM requests that the City _gree, at the City's sole cost and expense, to install, repair, maintain and, if necessary, replace a standard City street light at the corner of Fr;mklin Road and the HSM access roacl. The genera,11ocation of this street light is shown on the drilwing to be attached to !:he Development Contract as discussed above in Paragraph 2 of this letter. ~o '9. Enclosed as am attachment is a proposed new Section 7 addressing the petroleum contamination that exists at the property. The Minnesota Pollution Control Agency has indicated that it will be necessary to take ,,\ some corrective a.ctions with regard to contaminated soil and '\\) . groundwater that likely will be encountered during the utilities ~ ... installation under the access Toad from Franklin Trail. The preliminary cost estimate we have received for the anticipated work is in the ra.nge of 525,000-30,000. We also have received an initial indication from MPCA that at least some of this cost should be reimbursable under the state Petrofund program. HSM is willing to undertake the required work and. to pursue this potential Petrofund option, but proposes that the City reimburse HSM for any costs not covered. by the state program. These environmental issues are addressed in detail in the enclosed attachment. 10. The name of the Developer on the signature page and in the acknowledgement should be corrected to "HealthSystem Minnesota, a. Minnesota nonprofit corporation". RECEIVED TIMEAPl l 12:39PM -'AP R. 7. 1997.Ll0:57AMrAA D'FRAUENSHUH COMPANIES)ORSEY & WHITNEY I I I NO. 5426 P. 6/8 IlJ 005 DOllSEY &. WHITNEY LLP Susan Pace April 4, 1~197 Page 4 After you have had an opportunity to review the above and the atta~e1\t, please call me at your earliest convenience. If you wish to discuss the attaChment; please feel free to call Greg Fontaine (telephone number S4o-8279). Greg is the environmental lawyer in our office working on this matter. Very truly yours, ~~B~ PFB / njr Enclosure cc Duane Spiegle DE'an Williamson RECEIVED TIMEAPR, 4. 12:39PM -' U~APR. 7. 1997~10:57MtAX 81FRAUENSHUH COMPANIESDRSEY &I WHITNEY ! NO. 5426 P. 7/8 liI008 ADD THE FOLLOWING NEW SECTION 7 AFTER CURRENT SECTION 6: 7. The City acknowledges that Contamination has been discovered in the soil or groundwater of the tract of land owned by t:h.e Developer (the "Propeny'). Subj~ to the limitations set forth in this Section 7, the City agrees that it will rei~burst: the Developer for all Remediation Costs that the Developer incurs to Remed.iate the Contamination on the Property to the extent that the Developer is required to und.eTtake such Remediation by the Minnesota Pollution Control A~cy (:MPCA) or other regulatory authority having jurisdiction over the Contamination; provided, however, that prior to seeking reimbursement h.ereunder, the Developer shall first seek reimbursement to the extent it is available, if at all, from the Minnesota Petroleum Tank Release Cleanup Fund (the "Pen-OfwLd") under Minn. Stat. ch. 11SC. The City shall be required to reimburse the Developet for Remediation Costs only in the amount, if any, that the Developer does not recover from the PetroEund. / 7.1. The follOWing definitions shall apply to this Section 7: (a) "Contamination" shall mean the contaminants present at the Property as disclosed in the Geoprobe Subsurface Evaluation Report, dated December 15, 1995, prepared by ATEC Associates, Inc:. and any other toxic, hazardous or dangerous substanc,!s, wastes or materials as defined in any applicable Environmental Law, including without limitation any petroleum or petroleum constituents subjec:t to regUlation under Minn. Stat. ch 1lSe, present in the soil or groundwater of the "Property prior to the date hereof. - ".. (b:J "Environmental Law(s)" shall mean any and all (ederal, state and local laws, statutes, codes, ordinances, regulations, rules, policies, consent d.ecrees, judicial orders, administrative orders or other requirements rela.ting to the environment 01' to human health or safety, all 85 amended or modified from time to time. (C:I "Remediation Costsl' shall mean all' expenses, costs or other liabilities paid to Remediate the Contamination in accordanc€! with this Agreement. Remedia tion Costs shall not include expenses, damages, losses or othex costs or lil.b~litie:; relating to personal injury, economic loss, property damage, natural resource damages, property value diminution or attomeys' fee~. (d.) "Remediate" or "Remediation" shall mean remova.l and/or remediation. of, or other response to any Contamination (including, without limitation. testing, monitoring, sampling or investigating of any kind. and any cleanup, disposal or other corrective or environmental management af:tions), as required. by the MPCA or other applicable govemlXtental authority, in compliance with Environmental Laws. Without limiting the generality of the preceding sen~enc~l, the following activities shalJ be considered as Remediation: RECEIVED TIMEAPR. 4. 12:39PM ~. .u~APR. 7.1997' 10: 57AM"AX 81FRAUENSHUH COMPANIESORSEY & WHITNEY NO. 5426 P. 8/8 ~007 (i) excavation, disposal treatment or other management of petroleum- imp~c:ted soils; I ! (ii) removal, disposa.l, treatment or other mana.gement of petroleum- impacted ground water; and Ciii) air monitoring, utilization of non-sparking or other specialized mac~iner~/, and use of any other precautionary equipment, procedures or health and safety measures due to the prestUlce of Contamination. (iv, any activities required and approved by the MPCA in ccmnection with the Developer's submissions to the MPCA's Voluntary Petroleum Investigation and Cleanup program. -- -~..__._..".:....--'''--'- 7.2 The City hereby acknowledges that the presence of the Contamination could result in Remediation Costs or other costs,. expenses, losses or liabilities to the City, including without limitation, those resulting from . installation, maintenance, operation or replacement of sanitary and storm seweX' line~ and pipes, eledricallines or other utilities. The Cty hereby releases and : waives any cla.ims the City may have against the Developer for any costs, expenses, . losses or liabilities relating to the Contamination. and covenants not to sue or othe~wisl~ take action against or impose obligations upon the Developer in c:onnec:tion with the Contamination. "-.- ...-.""". 7.3 Notwithstanding any other terms hereof, this Section 7 shall s'U;{v:ive iilpproval of the final plat for Parcels A and B and the termination or expiration of this Agreement. ADD THE FOLLOWING TO THE BEGINNING OF CUlUlENT SECTION 8: "E~cept as provided in Sec:tion 7 hereof," RECEIVED TIMEAPR. 4. 12:39PM .. . . w_..___. ..__.__ __._.__.__. __ ON __ _.. ._...____ _.... _ .___ _____. 04/22/98 WED 10:53 FAX 6123407800 DORSEY WHITNEY [4J 002 DORSEY & WHITNEY LLP LONDQN PILLSBUIl..Y CSNT.B1l.. SOUTH 220 SOUTH SIXTH STIl..l\l\T MINNEAPO\..lS, MINNESOTA 55i02-1498 TF.I.EPHONE: (612) 340-2600 FAx: (612) 340-2868 NEW VOD,K MINNEAPOLIS \IIhSH1NCTON, o.c:. D8NV8D, SII^TTl.ll II~USSEU r10NO 1<01'40 FMUlO IIILl.lNc;S l:>1!.~ MOINKS ,,"OCHt!S'I-llto. MISSOULft C:OST^ MIiiS^ LORRA.J:ME PltlN1)LE PAllALJJ:GAL (612) 4lMUaQ,.qn hi:: (812J MO-7800 C:A.EAT FALLS April 21, 1998 Mr. Matthew K. Brokl Campbell Knutson 1380 Corporate Center Curve Suite 317 Eagan, MN 55121 RE: HealthSystem Minnesota/Prior Lake, MN Dear Mr. Brokl: In connection with the Preliminary Agreement for Development Contract dated May 19, 1997 between HealthSystem Minnesota. and the City of Prior Lake, enclosed are the following documents: 1. Legal description of HealthSystem property to be used in the land title registration, District Court File No. 96.;.07282, approved by Scott County Examiner of Titles. 2. Revised Exhibit A to the Preliminary Agreement, which describes parcels A and B of this property based upon "the above legal description. 3. Exhibit B to the Preliminary Agreement, the descriptions of the utility and drainage easements which were not revised. 04/22/98 WED 10:53 FAX 6123407800 DORSEY WHITNEY 141003 Please do not hesitate to contact us if you have any further questions regarding the legal description of the HealthSystem property or the exhib~ts to the Development Contract. cc: Philip Boelter Jane Kanzier James Schrneckpeper DORSEY & WHITNEY LLP Very truly yours, ~~.~... 11. _ 0q Q::1 Lorraine Prindle Paralegal 04/22/98 WED 10:54 FAX 6123407800 DORSEY WHITNEY @007 Land SUI"'cyar3 Plann.ers EXHIBIT B Valley Surveying CC!.,-P. A. May 19, 1997 Sultll120C 1667tJ Franklin irail S.E. PrIor L~ke, Minnesota 55372 (612) 447-2570 Re: Ut.iliey and drainage easements to be deeC!ed to 1:he city of ~ior Lake: l:lESCRJ:I?I'ION: An ea~ement to c:onst1:Uc:t, operate, maintain and repair public ut.ilit.y anQ drainage systems over, unc:ler. and ac:ress tha~ part of the West Half of the SouChea$t QUarter of Sectic:m 2, ~ship 114, Range 22, Scott C.cunty. Minnesoca, c3esc:ribed as follows: A strip of ~and 40.00 feet in vidth the centerline of which is desc:ribeCI as 1:ol10us: Commencing at the southeast c:Qrne2:' of said West: Half of the Southeast Qua.rter: thence North 00 degrees 04 minutes 48 seconds .East (assumed braaring) aJ.ong the east line of .sa.!a West Half of the Southeast. Quarter a distanCE! of 1542.28 feet; t:hence South 89 c5egree.s 05 minutes 00 seconds West a distance of 187..24 feet. to the fOint of be;inning of the c:enter),ine Co be described; thence North CXJ de;rees OS minutes. 00 seccnds West: a dietanc:e of 45. CO feet to a point hereinafter referred to as ~int- hA": thence continuing North 00 deqre'les OS minu!:.es 00 secc;lnCls West a distanc::e of 345.00 feet mere or le.:ls to !::he southerly right-of-way line of County Road No. 39 (Franklin Trail) arlQ there ter:tninating. Together vith a strip of. land 20.00 feet in vidth the centerline of which is described as follOYs: Beginning at the above raferenced p::.int: I'A"; thence North 89 degrees 55 minutes 12 seconds ~est a dtstance of 202.00 feet and there terminating. I hereby cet"tify .that this easement descri?tion wa.s prepareCl by me or under my aired SI..1pecvision a.nC that I am a c1uly licensed Land Surveyor under the l~L:~ ~ld A. S\,fanson, Lana Surve)'Oz?"--- Minnesota Registration No. 10183 Dated Chis 19th day of May, 1997 file no. 8421 04/2..2/98, WED ~!l: 54 FAX 6123fl07800 -, DORSEY WHITNEY @008 Land SurveyCll'li PlaMer$ EXHIBIT B Valley Surveying c.o., P. A. (612). 447..2570 J\pril 10, 1997 Suite '20e 1667g Franklin Trail S.=-. PrIer Lake, Mln~esot8 55372 Re: Utilit;y and drainage easements to be QeeCJed to t;he City of Prior take: DEScRI!":rZON : An easement to c:cnstrucr., operate, nail'1tain and repait:" pJblic utility and "drainage systems over,. Under anQ ac:ro.ss that:; pa.tt . of the We~t Balf of the Southeast: Quarter; of Section 2, 'l'~hip 114, Range 22, Scott count.y, Minnesota, desct:"1bed as fo12ows: A SQ:'ip of land 20.00 feel: in width the c:anteI;'line of which is C1ese:ibed as fellows: Ccrrmenc:ing at; the 'in~ersection of the wst line of the . east 700.00 feet of said Wast Half of the SOQtheast; Quarter, vith the southeasterly right'""Ot-lJay line of ,stace ~. Highllay No.' 13. thence South 00 c3egreea OS rninute:3 CO sec:onds East:. (as;91Jn'IeQ bearing) alone; said vest line a distanc:e of 430.00 feet: thence North 50 degrees 570 tllinut:e:5 04 seconds East a aistanc;:e. of 121.'33 feet to the point:: of bes1nhing of the c::enterline to be deacribed: thenc:e c:ontinuing North SO clS9'l:'ees 57 minQt:es 04 sec:onds East a distanc:e of 341.00 feet and there termlnating_ Together vith .that p3.rt of said West: Half of th~ sOuf::heest QUarter cescribed as follcvs :: 'Beginning at the above described p:;aint of c:orrmencement; thence southerly along said vest line of the east 700.00 feee a diatanee of 285.00 feet: thenc:e easterly at right. angles a distance of 2.S. 00 feet; t thenc:e northerly at right angles a oistance of ~6.00 feet: thence easterly at right anqlesa distance of 23.~ feee: toenc:e northerly at right: ansles. a di~t:anc:e of 31.00 feet; thenc:e \lester1y at:. right ang1e$ a cU:5tanc:e of 23.00 f~t:; thence northerly at risht a.~1e:3 a distanc:e of 158.03 feet; thence. \lester1y at right angles eo the southeestedy riSht-of-way line of said State ~nk Highway.No. 23; thence southwesterly along said ~i9ht.-of-way-1ine to th~ point of. beginning. I her;el?Y certify that:. this easenenr. descripticn 'lJas pre;pered Py Ire ot' under my dired: supervision and that: I am a dllly li,cense<l Land Surve:ycr under the la~s the sta 0 Minnesota. en 0 A~ Svenson, Land Survey 0 Minnesota Registration No. 10183 Dated chis lO~ ~ay of A~ril/1997 file no. 8421 ___0 I 04/22/98 WED 10:55 F~~ 6123407800 DORSEY WHITNEY I4i 009 lcmd Sll""l;yors Plannerll EXHIBIT B Valley Surveying C.o., P. A. (6J 2) 447-2570 Apdl 10, 19S17 Sulto 12QC 18870 Franklin Trail S.E. Pr.lar Lake, Mln~escn~ 5S372 Re: drainage easement:. to be Qeeded to the City of Prior' Lake: DESc:RIPr:Ial : An e~ement to c:onstJ:Uct, operate, maintain and repair public utility and drainage system cv~r, under 'and ap:OS5 that part. of the west: Half of the Southeast:. t;ilJarter of Section 2, TQwn.ship 114, Ran9'Et 22, Scott CooneYr Minnesot:a' deseri.bed a$ .fQ1.1Cl\ls: C~~ing at the intersection of the \7e~t line of the ea5t:. 700.00 feet: of said West Balf of the Sou~east QUarter, with the south~as~erly ri9ht~f-way line of Stat:.e ':t':'IJnk Highway No. 13; thence South 00 degJ;'ees OS minut.es 00 :seccods l!2at (a.s:SUmed bearihg) a.long said. ve.:!!: line a distance of 260.00 feet to the paint:. of beginning of the easement to be described; thence continuing South 00 degrees 05 rninl,ltes 00 seconds East a c3isl:ance of 203.00 feet; ehElnce North 69 Q'=grees 55 minutes 90 second~ East a distance of 1=4.00 :feet: thenc::::e North 21 degree.s 24 minutes 14 seconds East a c3icst:aoce of 46.89 feet; thence North 39 deqrees 02 minutes !i6 second$ West a distance of 204.97 fe~t;_ chence South 89 des;r2E!s 55 minutes 00 ~econds West a distance of 52.28 teet ~o the point of beginnin9~ I hel:;"eQy certify that t.his easetI1ent description \1aS 'pl:;'epared _ bo.J me or under rrrt direct su-ee;-vi:s1cn and that :I am a duly -licensed Land Surveyor under the l?~~:a:c: Ronald A. ~son I L"'ana Surve:{.or Minnesota Registration No. 10183 D~ted thi~ loth day of A?ri1,1997 file no. 8421 EXHmIT A PROPOSED PROPERlY DESCRIPTION FOR TITLE REGISTRATION That part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at a point on the east line of said West Half of the Southeast Quarter as monumented by the plat of Prior South, distant 1677.13 feet north of the southeast corner thereof (said east line to bear North 0 degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to the point of begirming of the land to be described; thence South 0 degrees 37 minutes 17 seconds West a distance of 700.00 feet to the intersection with a line drawn at right angles to said east line of the West Half of the Southeast Quarter from a point on said east line distant 700.00 feet southerly of the point of commencement; thence North 89 degrees 12 minutest 57 seconds West a distance of 700.00 feet; thence North 0 degrees 37 minutes 17 seconds East a distance of 695.83 feet to the southeasterly right-of-way of Highway No. 13; thence northeasterly a distance of 6.68 feet along said right-of-way to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of beginning; thence South 89 degrees 12 minutes 57 seconds East a distance of 694.77 feet to the point of beginning. Together with that part of said West Half of the Southeast Quarter of Section 2 described as follows: Commencing at a point on the east line of said West Half of the Southeast Quarter as monumented by the plat of Prior South, distant 1677.13 feet north of the southeast comer thereof (said east line to bear North 0 degrees 47 minutes 03 seconds East for purposes of this description); thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to a Hne which bears North 0 degrees 37 minutes 17 seconds East from the southeast corner of said West Half of the Southeast Quarter; thence North 0 degrees 37 minutes 17 seconds East a distance of 263.95 feet, more or less, to the Southerly right-of- way line of County Road 39 as monumented (Franklin Trail); thence westerly . along the said Southerly right-of-way line a distance of 150.00 feet to the point of beginning of the land to be described; thence South 0 degrees 37 minutes 17 seconds West a distance of 256.44 feet to the intersection with a line that bears North 89 degrees 12 minutes 57 seconds West from the point of commencement; thence North 89 degrees 12 minutes 57 seconds West a distance of 61.25 feet to the intersection with a line 215.84 feet westerly, as measured at right angles, of said east line of the West Half of the Southeast Quarter; thence North 0 degrees 47 minutes 03 seconds East parallel with said . east line a distance of 253.41 feet to the intersection with said Southerly right of-way line of County Road No. 39 as monumented (Franklin Trail); thence easterly along said parallel line a distance of 60.57 feet to the point of beginning. ~'-~,. PARK NlC LLET CLINIC HEALTH SYSTEMS MINNESOTA PRIOR LAKE, MINNESOTA COMMISSION NO. 96090.00 BWBR ARCHITECTS TO: J_tcansia',CityefPnorLike;' Duane Spiegel, HSM Tom Kerby, Melchert/Block Dean Williamson, Frauenshuh FROM: Jim Johnson, BWBR SUBJECT: Response to Site Plan Review Meeting with the City of Prior Lake held April 17, 1997 DATE: April 17, 1997 This memorandum is in response to the actual total of the site perimeter for the clinic property. The total site perimeter for the clinic property is 1,714 feet. Following the City of Prior Lake's requirement of 1 tree per 40 feet of site perimeter, the total number of trees requirement along the perimeter of the site would be 43 trees. 400 Sibley Street Suite 500 SI. Paul, Minnesota 55101 10/21/96 BWBR Architects MEM0#5.DOC tel: 612 222 3701 fax: 612 222 8961 - - -- - --- --------- - --- ... Land Surveyors Planners Valley Surveying Co., P. A. (612) 447.2570 April 10, 1997 Suite 120C 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 Descriptions prepared for: Health System Minnesota C/O Frauenshuh Companies 7760 France Avenue South 1# 210 Bloomington, MN. 55435 Att'n: Dean Williams Re: Utility and drainage easements to be deeded to the City of Prior Lake: DESCRIPl'ION: An easement to construct, operate, maintain and repair public utility and drainage systems over, under and across that part of the West Half of the SOutheast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: A strip of land 20.00 feet in width the centerline of which is described as follows: Commencing at the intersection of the west line of the east 700.00 feet of said West Half of the Southeast Quarter, with the southeasterly right-of-way line of State Trunk Highway No. 13; thence South 00 degrees 05 minutes 00 seconds East (assumed bearing) along said west line a distance of 436.00 feet; thence North 50 degrees 57 minutes 04 seconds East a distance of 121.33 feet to the point of beginning of the centerline to be described; thence continuing North 50 degrees 57 minutes 04 seconds East a distance of 341.00 feet and there terminating. Together with that part of said West Half of the Southeast Quarter described as follows: ' Beginning at the above described point of commencement; thence southerly along said west line of the east 700.00 feet a distance of 285.00 feet; thence easterly at right angles a distance of 25.00 feet; thence northerly at right angles a distance of 96.00 feet; thence easterly at right angles a distance of 23.00 feet; thence northerly at right angles a distance of 31.00 feet; thence westerly at right angles a distance of 23.00 feet; thence northerly at right angles a distance of 158.03 feet; thence westerly at right angles to the southeasterly right-of-way line of said State Trunk Highway No. 13; thence southwesterly along said right-of-way line to the point of beginning. I hereby certify that this easement description was prepared by me or under. my direct supervision and that I am a duly licensed Land Surveyor under the laws the Sta 0 Minnesota. onald A. Swanson, Land Surveyo Minnesota Registration No. 10183 Dated this 10th day of April,1997 file no. 8421 land Surveyors Planners Valley Surveying Co., P. A. (612) 447-2570 April 10, 1997 Suite 120C 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 Descriptions prepared for: Health System Minnesota C/O Frauenshuh Companies 7760 France Avenue South t 210 Bloomington, MN. 55435 Att'n: Dean Williams Re: drainage easement to be deeded to the City of Prior Lake: DESCRIPTlOO: An easement to construct, operate, maintain and repair public utility and drainage system over, under and across that part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the intersection of the west line of the east 700.00 feet of said West Half of the Southeast Quarter, with the southeasterly right~of-way line of State Trunk Highway No. 13: thence South 00 degrees 05 minutes 00 seconds East (assumed bearing) along said west line a distance of 260.00 feet to the point of beginning of the easement to' be described: thence continuing South 00 degrees 05 minutes 00 seconds East a distance of 203.00 feet: thence North 89 degrees 55 minutes 00 seconds East a distance of 164.00 feet: thence North 21 degrees 24 minutes 14 seconds East a distance of 46.89 feet: thence North 39 degrees 02 minutes 56 seconds West a distance of 204.97 feet; thence South 89 degrees 55 minutes 00 seconds West a distance of 52.28 feet to the point of beginning. I hereby certify that this easement description was prepared. by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws 0 the Stat of innesota. Ronald A. Swanson, Land Surveyor Minnesota Registration No. 10183 Dated this 10th day of April,1997 file no. 8421 Land Surveyors Planners Valley Surveying Co., P. A. (612) 447-2570 April 10, 1997 Suite 120C 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 Descriptions prepared for: Health System Minnesota C!OFrauenshuh Companies 7760 France Avenue South t 210 Bloomington, MN. 55435 Att In: Dean Williams Re: Utility and drainage easements to be deeded to the City of Prior Lake: DESCRIPTION: An easement to construct, operate, maintain and repair public utility and drainage systems over, under and across that part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: A strip of land 40.00 feet in width the centerline of which is described as follows: Corrmencing at the southeast corner of said West Half of the Southeast Quarter: thence North 00 degrees 14 minutes 48 seconds West (assumed bearing) along the west line of the plat of Prior South, as rnonumented and occupied, a distance of 1542.28 feet: . thence South 89 degrees 45 minutes 12 seconds West a distance of 182.84 feet to the point of beginning of the centerline to be described: thence North 00 degrees 14 minutes ,48 seconds West a distance of 45.00 feet to a point hereinafter referred to as point "A": thence continuing North 00 degrees 14 minutes 48 seconds West a distance of 345.00 feet more or less to the southerly right-of-way line of Franklin Trail (County Road No. 39) and there terminating. Together with a strip of land 20.00 feet in width the centerline of which is described as follows: Beginning at the above referenced point "A": thence South 89 degrees 55 minutes 00 seconds West a distance of 202.00 feet and there terminating. I hereby certify that this easement description was prepared by me or under my direct supervision and I am a duly licensed Land Surveyor under the the State 0 Minnesota. onald A. Swanson, Land Surveyor Minnesota Registration No. 10183 Dated this 10th day of April,1997 file no. 8421 DEVELOPMENT REVIEW COMMITTEE MEMO TO: ORe Members FROM: Jane Kansier, Planning Coordinator DATE: April 7, 1997 RE: Proposed Development Contract for Park Nicollet Clinic Attached for your inoformation, are the comments from the attorney for Park Nicollet onteh proposed development contract for this site. I would be interested in hearing any comments you mught have on the changes they have requested. This letter was sent to Suesan Pace, and I am sure she will be asking for our input. Thanks for your help. 1:\97files\97sitepl\parknic\drcmemo.doc FRAUENSHUH COMPANIES P. 1/8 APR. 7.1997 10:55AM NO. 5426 F F' A C S I MIL E FRAUENSHUH COMPANIES 7760 France Ave. South #210 Bloomington, MN 55435 (612) 896-2322 Fax: (612) 896-2311 T iR A N S M I T TAL To: From: Fax#: Subject: , Date: Pa,ges: .g-~~ ck'~ ~ If-J(!;P ~ Wtlli~ 'il.f 7 - 42tf ~ 10 ~ \r~ d.a~ '-I /~)q7 'l", including this cover sheet. ORIGINAL MATERIAL WILL: o Be Sent Overnight o Be Sent Via Courier o Be Sent Via Regula, Mail o Not Be Sent CQMMENTS: &~~ f\rn@ rn O\Wfg " I 1.-7 .P\.... .. ,^^.. n. , 'vvl \ I.J : CONFIDENTIAlJ"IY NO'T'IC&: THE DOCUI1EN'1'(S)ACCOMPI'N\'ING THIS FI'X CONT"'NS CON"OfNT~ IN~OIl/'1I\TION WHIQi IS LI!CiALLY PAML&CEO. THe I~TJO", 1$ INTENDED ONLY FOR THE USE OF ~ INTENDED RECIPIENT NAMED ABOVE, IF YOU ARE NOT TH~ INTENDED IlliClPlENT. 'r0\) ME HERSey NOTIFIED TJooI.oo.T THE OISCLOSURE. COrrING. DISTRJBUTlON 01\ TME TI\KING OF ANf ACT10N IN RELIMICE ON THE CO~ OF THE TELECOI'IED INFOAHiITlON IiXCEPT ITS 0Il\fCT OeLJVERY TO THE INTENDED REOPlENT NAMED I'OCNE IS STRJCTL Y PROHIBITED. IF YOU I-lAVE RECEIVED THIS FA)( iN ERROR f'LEASE NOTIFY us IMI"1EOIATEL Y BY TELEPHONf NUMBI;R Limo AllOY! TO ARRANGE FOR I\ETI.lflN OF THE ORJGINAL DOCUMENT TO US. G:\DATA\1166\OFACE\FAX4.TEM ~ .. AP R. 7. 19971'10: 56AMt-.u 6'FRAUENSHUH COMP ANI ES)ORSEY & WHITNEY I I I I I NO. 5426 P. 2/8 1ZI001 DORSEY & WHITNEY ILP' PILl.saUR,\, CENTER SOUTH 220 SOUTH SIXTH STR&ET MINNEAPOLrS. Mll\I'NESOT.A 155402 FACSIMILE COVER SHEJ:r (612) 340-7800 THE JNFOaMATION CONTAINED IN THIS PACSIMlLE MESSAGE IS ~GALLY PRMLEGED AND CONFJDEN11AL INFORMATION INTENDED SOLEt Y FOR mE USE OF THE PBRSONS OR ENTllIES N' AMEO BELow, IF YOU ARE NOT SUCH PEa50NS OR ENTITIEs. DO NOT READ THE MEssAGE BELOw. ANY DISTRlBtrnON. DISSBMlNATION OR REPROPUcnON OF nus FACSIMILE MESSAGE IS STRICTLY paOHIBITED. IF YOU HA vI! RECEIVED nus MESsAGE IN ERROR. PLE.~lUMMED1ATELY CALL US COLLECT AT (612) 340-2872. DatI!: April 4... 1997 Tim.e: Total Numbf~r of Pages (ir\cluding this Cover sheet): 7 TO: : Duane Spiegle PI.RM NAMI;! HealthSystem Mirlnruotll FAX # 993-3895 OFFICE # 993--3897 FAX # 896-2311 OFFICB # S96-2322 FAX # OFFICE ~ FAX#: OfFICE # TO: : Dean Willicunson FIRM NAME; PrauenshQh Companies TO: fIRM NAM);: TO: i , I FIRM NA.M:e: FROM: , Philip F. Boelrer TELEPHONE NUMBER.: , 612/34Q..2649 CO~Nl'S: Original will he sent viQ (c:irclfl one): Mail ~er Air Co\lrier Will not be sent PLJ;ASE CONTACT t:ACSIMILE OPERATOR NANCY AT (612) :340-2690. IF TRANSMfSSION IS INCOMPLETE On. CANNOT BE READ. Refer'ePI~8 t O;roo.. 4]0::131/4') RECEIVED TIMEAPR. 4. 12:39PM 1\,-1\" MEMORANDUM BWBR ARCHITECTS HEAL THSYSTEMS MINNESOTA PARK NICOLLET CLINIC PRIOR LAKE, MINNESOTA COM TO: Those Present Duane Spiegel, HSM Glenn Manni, BWBR Tom Kerby, Melchert Block & Assoc. John ParoW, Melchert Block & Assoc. APR -.} 11I1 FROM: Jim Johnson, BWBR SUBJECT: Meeting Notes from Site Plan and Floor Plan Review of Tuesday, April 1, 1997 with the City of Prior Lake DATE: April 1, 1997 PRESENT: Jane Kansier, City of Prior l..8b '.. Paul Baumgartner, City of Prior Lake Jim Johnson, BWBR 1. Site landscape plan to have a note regarding compliance to the City of Prior Lake's Tree Preservation Program. 2. Landscaping will be required at the base of proposed monument signs on Highway 13 and near the driveway. 3. City of Prior Lake parking requirements require a total of 49 cars, the proposed clinic site plan indicates a 113 cars. (Subsequent count indicate 94 cars not 113 cars.) 4. A lighting plan and a sign plan will be required for the building permit. The City of Prior Lake requested that if a lighting plan is done prior to issuing for the building permit, they would like to see one earlier. 5. A ten foot easement will be required for all fire hydrant supply lines on the property. 6. The proposed exiting plan for the clinic was presented to the city. The exiting will consist of a fire wall on the south side of the wayfinding street and an exit corridor on the staff corridor running along the north side of the building. Paul Baumgartner will review proposed exiting and indicate any recommended changes to BWBR within the next few days. 7. The construction type of the Park Nicollet Clinic will be Type III-N. Occupancy classification will be Type B. 8. The clinic will be fully sprinkled. The above constitutes BWBR's understanding of this meeting. If there are any comments, questions, or additions to these meeting notes, please notify the architect immediately in writing. 400 Sibley Street Suite 500 St. Paul, Minnesota 55101 BWBR Architects 4-1MTG.DOC tel: 612 222 3701 fax: 612 222 8961 March 10, 1997 Mr. Dean M. Williamson Frauenshuh Companies Minnesota Center, Suite 210 7760 France Avenue South Bloomington, MN 55435-5802 Dear Mr. Williamson: Enclosed are copies out of the Subdivision Ordinance regarding roadway extensions, dedicated roadways, private and ring roads. If you have any questions or need further assistance please let me know. Sincerely, Co~ Connie Carlson Planning Dept. Secretary enc. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (6:t2) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER mTEROFmCEMEMORANDUM DATE: PLANNING ~ Ralph Teschner 11 Acres 2-114-22 (park Nicollet site) (assessment/fee review) March 4, 1997 TO: FROM: RE: The 11 acre parcel in 2-114-22 identified by (PIN #25 902 042 0) appears to have been assessed a lateral sewer and water charge of $151.80 in 1963. plus a storm sewer charge of $108.90. On this basis the property would only be subject to the following sewer and water trunk charge upon connection to the city municipal system: Trunk Sewer & Water Fee $3500.00/acre The application of the trunk acreage rate would generate the following costs to the developer based upon a net lot area calculation of 11.0 acres: Trunk Sewer & Water Charge: 11.00 acres @ $3500.00/ac = $38,500.00 The above referenced trunk sewer and water charge would be determined and collected within the context of a developer's agreement since additional on-site construction of stormwater utility improvements are necessary at the time of development. There are no other outstanding special assessments currently certified against the property. Also, the tax status of the property is current with no outstanding delinquencies. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 H:ISPLITSISPL9704.DOC AN EQUAL OPPORTUNITY EMPLOYER ._p~y. ~._:__~LW~k-GJ:-..---~JJJk.__t1-trErJA1h---.--.!i1k11__-----_._-- ._Nl!J!~J..~ . _ ... _...... ....._____ ___ ~ P t:tc tJ e _._,._----,-_.-----_._------_._---------_._-~----_. ~----------~_.,_.~_.---~_..._._--~- ,_,,_"_'__'__. ____'.' __AtJ~.J~A:tJS I~___.___... ___.__.e~}.)J~J{2-~-.--.----.---- ..___q!l:J. ~ 4- ~------ ==:~~_~_~ ... ..~~.~~=~S~~~{_\~=--=-=~ ~~~2d;) -=--= ____________._ _ ~~d-~~-- _____ill.M---j?~(DLleT ___..9~3- - '3 XCt ~--- __..____...____..____.___.. _._t.{lI1:!1)Ji..5f1{;~.~. .__.__~fl1 - '/{rk 1lI!r~ ._.~il-:::'s~-___ ___..___..___...__... ... _l~_~-.._--.i2taD~~---._--- - -/4'~? _.__.._.__.__..._______ _)t!ff--f:!?'!.Z.-----.- ___~Jrr~ ~~>E_f? ..~11-~____ .~t:?~'Z~o ---.---- ________ ____ ____._. .__R-~.".J)_~::.- \_~_~<;St>lJi7.n....-- ___~~-'-~.~~_-.-r~~--~'C.s.------..--- ___~~:::!_:-.~_~?O ---- ----- ---~,.-~~-- ~~TI/--~ ._:1!lx= 4-~-------- -_._--~----_.".._-- -- --_.,~----------_._--_.-._--- -~_.--_._.- . .__.-.--""^-. -~----_.__.__._---- _____,,'_,_._, .,_~_....~_.~"._"" .. .,_~.,_.,_.,,_ _.. _____._. ..,._, ___,_~"_"~'_'_ __....._______._.wo._...__ .~_o_.____o'___.~ .-.-.-~.----------.--- _,_~._____.._'" ~_.._.._....._~~~__._*-_.,--------'-...H.~'-...-.-. ._..~ .,.." -----.--~----.._.-.~~--~---.---.-.-'------~- _.~-_._---,----~.."--~..-<.,,._--~._,.-..- .~_._~ - .._-" ,,',. -...-.-.- .. ---..._.--...."'--_.._-~ -.-,,--...- ~- ._-~----_.*~---_..~" ..._----_.:.._-_.."._".~-_.._--"-_.-_.__."._.._.~......-.".,,-.....-. ~.._-_._..__..- .~- ----- ___...~.~.....,<> ."_'_'w_"'_",_ __.________ .._...._._.__._.~_.____ ~_.....__._.____.. .'W"__. _..__...._._____._O'_.._-.-__.~.._.~_..___.._._ .__.._.__._._____...._U_..___._...___.__..___.._M.__._~~_.0-_"_-_'--'- __."'_._______o~___n________------~ --~.- -_._._--<._~.._-~~--------_._.., ___.~___....._.~.__._~__~_."._~"___....___ ~.~" ._~~.._.,__.__.__,<_"<_~.._~_______._o.....o.___._.___._~-- ---'~ -<-_.._-_..__._---~---_..__._.~-- ---.-'. -_.-_._-~._--_.__._---~._....-._--_.._.~----- .__._._"--~._._--- --.-.---------------l .__.______ ____ ___..___________.__ _..___n_______________._.________..__________._______.___' _.____________________..__._ ----.-----.---------- -1 _~__._~__._. ..~.. -.'_'0.,-..--..' _".. __ --. -"- --._>_.---" .~..,,- _.._._~.--..-."- ---- .----~-~...."' ..-..-.---.-.. _._-,~.~,-._---- --.....----- ~ ..~_.,,---------._-'--. -..__.--- -~~------~~_.~~--'-..'"-. ...' ._.' ..__~____.___..____...__.._. .._...>.' .__._.. _.....____....._._.. ~.._m__.~. .._' .......;. ....__._______."__._....."~._"._~____._-___~_..__ -' ..~~...~.,-..- 4" _~___._.___..._..._.~.". __."r_ ___"", ____. 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'. , .... .........__..._,-~~ i----__ c:- - --) , -- "'-; .. \0...... :,~~- -,---,--,~---,-,-1..~_._ ~'-- I i 1--- I r-------- f~- -~ .\ j.'\ ---. .'\ ."' t J .~.~Jc.~'-'~~_ J~.7/--} . , .. , , / ,. .. i. . , -,5 .' .- .. r ..:. ;-.~ .,,; i i . ; '. : . '\ - , \ : . . 'c:.L.. ------.-..------ . '., .\ .41~, , --t ..-.---------.-------. i L.' . ,;'J '1\ - -. ~;.. ;" I 'f (t<:'j.y "'J." 1i /', 7""";', ! ..... "":. . ':. _...( ~:.: \,,,-~:.:A_ f" "',~,.;>"r)i,.\ , . ,.: ;. ....~ . \ :~,. . I '11 ;. \" j ".~} .-~ -- .-- " .r *' .,i -- March 7, 1997 Joe Samuel Melchert/Block Associates 369 East Kellogg St. Paul, MN 55101 RE: Grading and Utility Hook-up Applications Dear Mr. Samuel: Enclosed are the applications for a grading permit and for installation of utilities you requested. Specific questions about these applications should be referred to Jeff Evans of the Engineering Department at 447-4230. If you have any additional questions, please contact me at 447-4230. Sincerely, Q.~ ~ Kansier, AICP lt~;~n~g Coordinator Enclosures c: Jeff Evans 1:\97files\97corres~ane\samuels.doc . 16200 Eagle Creek Ave.'S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612)' 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER BWBR ARCHITECTS Iii '.U' 'l0i ~'-~,. HEALTHSY TEMS MINNESOTA PA PRIOR LAKE, MINNESOTA COMMISSION NO. 96090.00 TO: Those Present Glenn Manni, BWBR Duane Speigle, HSM Harlan Nelson, HSM FROM: Jim Johnson, BWBR DATE: March 3, 1997 SUBJECT: Preliminary Site Plan Review Meeting with the City of Prior Lake held Monday, March 3, 1997 PRESENT: Jane Kansier, City of Prior Lake Paul Baumgartner, City of Prior Lake Verlyn Raaen, City of Prior Lake Lani Leichey, City of Prior Lake Jeff Evens, City of Prior Lake Gary Staber, City of Prior Lake John Parotti, Melchert Block Dean Williamson, Frauenshuh Companies Jim Johnson, BWBR The purpose of this meeting was to review with the City of Prior Lake site plan and utility requirements for the Park NicoUet Clinic. 1. The proposed building site is Zone B3 (general business). 2. The lot size is 4.2 acres. This is part of an 11+ acre development on the old drive-in theater grounds. The setbacks for the site are 50' for the front setback, 30' for the rear setback and 20' for the side setback. The front setback will be established off the right of way for Highway 13 and cut diagonally from southwest to northeast across the northwest comer of the site. 3. Proposed development will have landscaping as per required by zoning ordinance around the site perimeter, focal entry areas, and parking lot landscaping. 4. All mechanical equipment, exterior storage loading docks, trash storage, will have appropriate screening as required by the City. . 5. The existing trees will be evaluated as per the City's tree preservation program which sets guidelines for preservation of certain species and sized trees. 400 Sibley Street Suite SOO St. Paul, Minnesota SS101 BWBR Architects, Inc. 3-3MEMO.DOC tel: 612 222 3701 fax: 612 222 8961 HEALTHSYSTEMS MINNESOTA PRELIMINARY SITE PLAN REVIEW MEETING PAGE 2 6. The building signage can comprise of a maximum of 20% of the total wall square footage. 7. The proposed signage for the building will be a wall sign along Highway 13 on the north side of the building. Also wall sign on the south side of the building near the front entry way and pylon signs at Franklin Trail near the driveway. 8. The address will be referenced to Franklin Trail. If the proposed ring road is built, the address may have to change to coincide with ring road. 9. The proposed site will have a retention pond on the northwest comer of the building near Highway 13. The City of Prior Lake would like to see a common retention pond for the entire development area. 10. The proposed clinic will be permitted with a building permit, however the developer's permit will be required because of storm water fee which takes into account the entire developed area. 11. Frauenshuh and the City of Prior Lake will put together a development agreement to outline terms of storm water fees, trunk area charges, and utilities. 12. The City of Prior Lake would like to develop the proposed drive off Franklin Trail as a future road, following City requirements and easements. 13. The drive off Franklin Trail will be built as per City requirements for road. Utilities off Franklin Trail would extend south down the road and terminate at a minimum distance beyond the proposed drive into the parking lot for the clinic. Utilities and utility easements will be laid in that road. Frauenshuh will meet with the City of Prior Lake to determine how this road will be built and who will pay for it and how it will be assessed. 14. The proposed clinic site will require a fire hydrant 150' maximum radius is required for fire trucks from a fire hydrant. The existing fire hydrant on the east side of the Hollywood Pizza facility is 175' away from the proposed clinic. 15. Other agencies to be notified of the pr9p<)sed clinic proposal would be the Metro Water Agency to determine WAC and SAC charges.' The Watershed District will also have to be notified to make sure that the facility complies with its requirements. 16. BWBR and Melchert Block will issue a site grading package within the next few weeks. Another review meeting for site plan review will be required with the City of Prior Lake prior to issuing the site grading package. The permit for exca'9ation and fill in can be issued prior to resolution of the developers agreement The above constitutes BWBR's understanding of the results of this meeting. If there are any questions, comments, or additions to these meeting notes, please notify the architects immediately . . . . m wnting. 5 March, 1997 BWBR Architects, Inc. 3-3MEMO.DOC I \ ! h I I :1 ) t~ M.St-,t-I.OON t-t>'asz J3tlU 000. <.---0 d",.y..ZI Ll'E9Z 1II.00.liO.OON ~ r ~ L! t B~ l \; i . ~~ J - --...... _.~-~. t .. \H ~.-"-.."._--"- .., ~ j III,St..!' 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