HomeMy WebLinkAbout4.C.3. City to Approve Easements for St. Francis �,�� Consent Business 4. C. 3.
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TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
DATE: 08/20/2013
SUBJECT: City to Approve Easements for St. Francis. (D)
Action Sought
Authorize the appropriate City officials to sign the easements from St. Francis Regional Medical
Center.
Background
Easements are needed for Valley View Road from St. Francis Regional Medical Center. The
attorney for St. Francis is requesting signatures from the City accepting the easements. City
Attorney Thomson has approved this request and needs Council approval for execution of
signatures.
Recommendation
Staff recommends authorizing the execution of the easements by the City.
Budget Impact
None.
Relationship to Vision
This supports Goal D: Maintain, improve and create strong partnerships with other public and
private sector entities.
Requested Action
Authorize the appropriate City officials to sign the easements from St. Francis Regional Medical
Center.
Attachments: EASEMENT #1
EASEMENT #2
Abstract
EASEMENTS
THIS INSTRUMENT is made by the St. Francis Regional Medical Center, a non-profit
corporation organized under the laws of the State of Minnesota, Grantor, in favor of City of
Shakopee,a municipal corparation organized Lulder the laws of the State of Minnesota,Grantee.
Recitals
A. Grantor is the fee owner of the following described property in Scott County, Minnesota
(the "Property"):
OUTLOT A, ST. FRANCIS MEDICAL CAMPUS, as is on file and of record in the Office of
the County Recorder, in and for Scott County, Minnesota, And also That part of the Northeast
Quarter of the Southeast Quarter of Section 18, Township 115, Range 22, Scott County,
Minnesota, lying south of the North 21.15 feet, and lying easterly of Scott County Right of Way
Plat No. 85 and 86, according to the recorded Plat thereof, all of which lies northerly of Line 2
described below.
Line 2:
Commencing at the West Quarter of Section 18, Township 115, Range 22, Scott County,
Minnesota; thence South 89 degrees 55 minutes 21 seconds East, assumed bearing along
the south line of the North Half of said Section 18, 3978.34 feet; thence North 44 degrees
51 minutes 30 seconds East, 55.26 feet; thence North 00 degrees 08 minutes 30 seconds
West, 104.00 feet to the point of beginning of said Line 2 to be hereinafter described;
thence North 89 degrees 51 minutes 30 seconds East, 66.20 feet; thence southeasterly
420.39 feet, along a tangential curve concave to the southwest, having a radius of
1018.93 feet and a central angle of 23 degrees 38 minutes 21 seconds; thence South 66
degrees 30 minutes 09 seconds East, tangent to the last described curve, 120.33 feet;
thence easterly 412.58 feet, along a tangential curve concave to the northeast, having a
radius of 1000.00 feet, and a central angle of 23 degrees 38 minutes 21 seconds; thence
North 89 degrees 51 minutes 30 seconds East, tangent to the last described curve, 206.67
feet, to the east line of the Northeast Quarter of the Southeast Quarter of said Section 18,
and said Line 2 there terminating.
#419231 Version:5
NKE—SH 155-262
B. Grantor desires to grant to the Grantee easements, according to the terms and conditions
contained herein.
Terms of Easements
1. Grant of Easements. For good and valuable consideration, receipt of which is
acknowledged by Grantor, Grantor grants and conveys to the Grantee the following easements:
A permanent, non-exclusive easement for drainage, utility and ponding purposes over,
under, across and through the following described property:
That part of the Northeast Quarter of the Southeast Quarter of Section 18, Township 115,
Range 22, Scott County, Minnesota, lying south of the North 21.15 feet, northerly of the
plat of Hillside Estates lst Addition, and northerly of the centerline of Valley View Road
as now traveled.
Less and except Parcels 1 & 2 as shown in the City of Shakopee Road Right of Way Plat
No. 1.
That part of the above described parcel of land which lies northerly of Line 2 as described
below.
Line 2.
Commencing at the West Quarter of Section 18, Township 115, Range 22, Scott County,
Minnesota; thence South 89 degrees 55 minutes 21 seconds East, assumed bearing along
the south line of the North Half of said Section 18, 3978.34 feet; thence North 44 degrees
51 minutes 30 seconds East, 55.26 feet; thence North 00 degrees 08 minutes 30 seconds
West, 104.00 feet to the point of beginning of said Line 2 to be hereinafter described;
thence North 89 degrees 51 minutes 30 seconds East, 66.20 feet; thence southeasterly
420.39 feet, along a tangential curve concave to the southwest, having a radius of
1018.93 feet and a central angle of 23 degrees 38 minutes 21 seconds; thence South 66
degrees 30 minutes 09 seconds East, tangent to the last described curve, 120.33 feet;
thence easterly 412.58 feet, along a tangential curve concave to the northeast, having a
radius of 1000.00 feet, and a central angle of 23 degrees 38 minutes 2] seconds; thence
North 89 degrees 51 minutes 30 seconds East, tangent to the last described curve, 206.67
feet, to the east line of the Northeast Quarter of the Southeast Quarter of said Section 18,
and said Line 2 there terminating.
And also
That part of OUTLOT A, ST. FRANCIS MEDICAL CAMPUS, as is on file and of
record in the Office of the County Recorder, in and for Scott County, Minnesota
described as follows:
#419231 Version:5
NKE—SH 155-262
A strip of land 10.00 feet in width, the southerly line of which is contiguous with Line 2
described as follows:
Line 2:
Commencing at the West Quarter of Section 18, Township 115, Range 22, Scott County,
Minnesota; thence South 89 degrees 55 minutes 21 seconds East, assumed bearing along
the south line of the North Half of said Section 18, 3978.34 feet; thence North 44 degrees
51 minutes 30 seconds East, 55.26 feet; thence North 00 degrees 08 minutes 30 seconds
West, 104.00 feet to the point of beginning of said Line 2 to be hereinafter described;
thence North 89 degrees 51 minutes 30 seconds East, 66.20 feet; thence southeasterly
420.39 feet, along a tangential curve concave to the southwest, having a radius of
1018.93 feet and a central angle of 23 degrees 38 minutes 21 seconds; thence South 66
degrees 30 minutes 09 seconds East, tangent to the last described curve, 120.33 feet;
thence easterly 412.58 feet, along a tangential curve concave to the northeast, having a
radius of 1000.00 feet, and a central angle of 23 degrees 38 minutes 21 seconds; thence
North 89 degrees 51 minutes 30 seconds East, tangent to the last described curve, 206.67
feet, to the east line of the Northeast Quarter of the Southeast Quarter of said Section 18,
and said Line 2 there terminating.
Said strip of land is to extend by its fiill width from the easterly line of Parcel 2, Scott
County Right of Way Plat No. 86, according to the recorded Plat thereof, to the southerly
line of said Outlot A.
2. Scope of Easements. The permanent, non-exclusive utility and drainage easement
granted herein includes the right of the Grantee, its contractors, agents, and employees to enter
the easement area at all reasonable times for the purpose of locating, constructing,
reconstructing, operating, maintaining, inspecting, altering and repairing storm sewer, sanitary
sewer and water facilities and ground surface drainage ways in the described easement area.
The ponding easement granted herein includes the right of the Grantee, its contractars,
agents and employees to enter upon said ponding easement area at reasonable times for the
purposes of locating, constructing, reconstructing, operating, maintaining, inspecting, altering
and repairing a storm water drainage pond and related facilities in the described easement area.
Specifically, but without limitation, the easement inchides the right to excavate and remove
earthen materials from the described easement area, to grade slopes, and to dredge materials
from the pond to be constructed within the easement area
The easements granted herein also include the right to cut, trim, ar remove from the
easement areas trees, shnibs, or other vegetation that, in the Grantee's judgment, tmreasonably
interfere with the easement or facilities of the Grantee, its successors or assigns.
3. Compliance. Grantee shall comply with all regulatory, environmental, and safety
requirements with respect to the easement area and the facilities placed thereon by Grantee, its
successors or assigns pursuant to the terms hereof, and shall construct, repair and otherwise
maintain the easement area and such facilities located thereon in compliance with all applicable
laws and regulations, at Grantee's sole cost and expense.
#419231 Version:5
NKE—SH155-262
4. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right,
title and capacity to convey to the Grantee the easements herein.
5. Liens. Grantee shall not cause liens or encumbrances of any kind to be placed against or
upon the Property.
6. Environmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, ar losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate
to, the easement area or Property prior to the date of this instrument. Grantee shall not use,
deposit or release, or permit the use, deposit or release of any hazardous or toxic waste or
material or other harmful substances on the Property.
7. Restoration of Propertv. Whenever the Grantee shall engage in locating, constructing
reconstructing, operating, maintaining, inspecting, altering and repairing any facilities located
within the easement area or conduct any other activities on the easement area pursuant to the
easement rights granted herein, Grantee shall promptly repair and restore to a condition equal to
or better than the condition that existed prior to such activities by Grantee any part of the
Property or easement area that may be adversely affected in connection with the exercise by
Grantee of the easement rights herein granted. Grantee shall take reasonable steps to assure that
any work performed on the Property affected by the easement granted herein causes minimal
interference with the normal use of the surface of the Property.
8. Indemnification. The Grantee agrees to indemnify and hold harmless the Grantor and
their officers, employees, agents and contractors from and against any and all suits, actions,
causes of action, proceedings, claims, losses, costs, damages and expenses, including reasonable
attorneys' fees, arising out of the Grantee's operation, use or maintenance of the easement area
and the facilities located thereon, except to the extent that the claim results from an action or
inaction of the Grantor for which the Grantor would independently be subject to liability.
9. Enforcement. In the event any violation or threatened violation by a party of any of the
terms, covenants and conditions in this Easement, the other party, or its respective successors or
assigns, will have, in addition to the right to collect damages and to pursue any remedy provided
herein or available at law or equity, the right to enjoin such violation or threatened violation in a
court of competent jurisdiction, which injunction shall be obtainable upon the proof of the
existence of such violation or attempted or threatened violation or interference and without the
necessity of proof of the inadequacy of legal remedies or irreparable harm.
10. Entire Agreement. This instrument contains the entire agreement between the parties
relating to the rights herein granted and the obligations herein assumed. Any oral presentations
or modifications concenling this instrument shall be of no force ar effect except in a subsequent
modification in writing, signed by all parties hereto, and recorded with the County Recorder for
Scott County, Minnesota.
#419231 Version:5
NKE—SH155-262
11. Bindin�ffect. The terms and conditions of this instrument shall run with the land and
be binding on the Grantor, its successors and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this day of , 2013.
St. Francis Regional Medical Center
By
Its
By
Its
CITY OF SHAKOPEE
By:
Brad Tabke
Its: Mayor
By:
Mark McNeill
Its: City Administrator
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instniment was acknowledged before me this day of ,
2013, by Brad Tabke and Mark McNeill, the Mayor and City Administrator, respectively of the
City of Shakopee, a Minnesota municipal corporation on behalf of the City.
Notary Public
NOTARY STAMP OR SEAL
#419231 Version:5
NKE—SH 155-262
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2013 by and , the
and of the St. Francis Regional
Medical Center, a non-profit corporation organized under the laws of the State of Minnesota, on
behalf of the non-profit corporation, Grantor.
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered
470 US Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
#419231 Version:5
NKE—SH155-262
Abstract
EASEMENT
THIS INSTRUMENT is made by the St. Francis Regional Medical Center, a non-profit
corporation organized under the laws of the State of Minnesota, Grantor, in favor of City of
Shakopee, a municipal corporation organized under the laws of the State of Minnesota, Grantee.
Recitals
A. Grantor is the fee owner of the following described property in Scott County, Minnesota
(the "Property"):
OUTLOT A, ST. FRANCIS MEDICAL CAMPUS, as is on file and of record in the
Office of the County Recorder, in and for Scott County, Minnesota, and also That part of
the Northeast Quarter of the Southeast Quarter of Section 18, Township 115, Range 22,
Scott County, Minnesota, lying south of the North 21.15 feet, and lying easterly of Scott
County Right of Way Plat No. 85 and 86, according to the recorded Plat thereof, all of
which lies northerly of Line 2 described below.
Line 2:
Commencing at the West Quarter of Section 18, Township 115, Range 22, Scott County,
Minnesota; thence South 89 degrees 55 minutes 21 seconds East, assumed bearing along
the south line of the North Half of said Section 18, 3978.34 feet; thence North 44 degrees
51 minutes 30 seconds East, 55.26 feet; thence North 00 degrees 08 minutes 30 seconds
West, 104.00 feet to the point of beginning of said Line 2 to be hereinafter described;
thence North 89 degrees 51 minutes 30 seconds East, 66.20 feet; thence southeasterly
420.39 feet, along a tangential curve concave to the southwest, having a radius of
1018.93 feet and a central angle of 23 degrees 38 minutes 21 seconds; thence South 66
degrees 30 minutes 09 seconds East, tangent to the last described curve, 120.33 feet;
thence easterly 412.58 feet, along a tangential curve concave to the northeast, having a
radius of 1000.00 feet, and a central angle of 23 degrees 38 minutes 21 seconds; thence
North 89 degrees 51 minutes 30 seconds East, tangent to the last described curve, 206.67
feet, to the east line of the Northeast Quarter of the Southeast Quarter of said Section 18,
and said Line 2 there terminating.
#419401 Version: 3
NKE SH155-262
B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions
contained herein.
Terms of Easement
L Grant of Easement. For good and valuable consideration, receipt of which is acknowledged
by Grantor, Grantor grants and conveys to the Grantee the following easement:
A permanent, non-exclusive easement for drainage and utility purposes over, under, across and
through that part of OUTLOT A, ST. FRANCIS MEDICAL CAMPUS, as is on file and of
record in the Office of the County Recorder, in and for Scott County Minnesota, described as
follows:
A strip of land 10.00 feet in width, the southerly line of which is contiguous with Line 2
described as follows:
Line 2:
Commencing at the West Quarter of Section 18, Township 115, Range 22, Scott County,
Minnesota; thence South 89 degrees 55 minutes 21 seconds East, assumed bearing along
the south line of the North Half of said Section 18, 3978.34 feet; thence North 44 degrees
51 minutes 30 seconds East, 55.26 feet; thence North 00 degrees 08 minutes 30 seconds
West, 104.00 feet to the point of beginning of said Line 2 to be hereinafter described;
thence North 89 degrees 51 minutes 30 seconds East, 66.20; thence southeasterly 420.39
feet, along a tangential curve concave to the southwest, having a radius of 1018.93 feet
and a central angle of 23 degrees 38 minutes 21 seconds; thence South 66 degrees 30
minutes 09 seconds East, tangent to the last described curve, 120.33 feet; thence easterly
412.58 feet, along a tangential curve concave to the northeast, having a radius of 1000.00
feet, and a central angle of 23 degrees 38 minutes 21 seconds; thence North 89 degrees
51 minutes 30 seconds East, tangent to the last described curve, 206.67 feet, to the east
line of the Southeast Quarter of the Northeast Quarter of said Section 18, and said Line 2
there terminating.
Said strip of land is to extend by its full width from the easterly line of Parcel 2, Scott
County Right of Way Plat No. 86, according to the recorded Plat thereof, to the southerly
line of said Outlot A.
2. Scope of Easement. The permanent, non-exclusive utiliry and drainage easement
granted herein includes the right of the Grantee, its contractors, agents, and employees to enter
the easement area at all reasonable times for the purpose of locating, constructing,
reconstructing, operating, maintaining, inspecting, altering and repairing storm sewer, sanitary
sewer and water facilities and ground surface drainage ways in the described easement area.
#419401 Version: 3
NKE SH155-262
The easement granted herein also include the right to cut, trim, or remove from the
easement areas trees, shrubs, or other vegetation that, in the Grantee's judgment, unreasonably
interfere with the easement or facilities of the Grantee, its successors or assigns.
3. Compliance. Grantee shall comply with all regulatory, environmental, and safety
requirements with respect to the easement area and the facilities placed thereon by Grantee, its
successor assigns pursuant to the terms hereof, and shall construct, repair and otherwise maintain
the easement area and such facilities located thereon in compliance with all applicable laws and
regulations, at Grantee's sole cost and expense.
4. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right,
title and capacity to convey to the Grantee the easement herein.
5. Liens. Grantee shall not cause liens or encumbrances of any kind to be placed against or
upon the Property.
6. Environmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate
to, the easement area or Property prior to the date of this instrument. Grantee shall not use,
deposit or release, or permit the use, deposit or release of any hazardous or toxic waste or
material or other harmful substances on the Property.
7. Restoration of Property. Whenever the Grantee shall engage in locating, constructing,
reconstructing, operating, maintaining, inspecting, altering and repairing any facilities located
within the easement area of conduct any other activities on the easement area pursuant to the
easement rights granted herein, Grantee shall promptly repair and restore to a condition equal to
or better than the condition that existed prior to such activities by Grantee any part of the
Property or easement area that may be adversely affected in connection with the exercise by
Grantee of the easement rights herein granted. Grantee shall take reasonable steps to assure that
any work performed on the Property affected by the easement granted herein causes minimal
interference with the normal use of the surface of the Property.
8. Indemni�cation. The Grantee agrees to indemnify and hold harmless the Grantor and
their officers, employees, agents and contractors from and against any and all suits, actions,
causes of action, proceedings, claims, losses, costs, damages and expenses, including reasonable
attorneys' fees, arising out of the Grantee's operation, use or maintenance of the easement area
and the facilities located thereon, except to the extent that the claim results from an action or
inaction of the Grantor for which the Grantor would independently be subject to liability.
9. Enforcement. In the event any violation or threatened violation by a party of any of the
terms, covenants and conditions in this Easement, the other party, or its respective successors or
assigns, will have, in addition to the right to collect damages and to pursue any remedy provided
herein or available at law or equity, the right to enjoin such violation or threatened violation in a
court of competent jurisdiction, which injunction shall be obtainable upon the proof of the
#419401 Version: 3
NKE SH155-262
existence of such violation or attempted or threatened violation or interference and without the
necessity of proof of the inadequacy of legal remedies or irreparable harm.
10. Entire Agreement. This instrument contains the entire agreement between the parties
relating to the rights herein granted and the obligations herein assumed. Any oral presentations
or modifications concerning this instrument shall be of no force or effect except in a subsequent
modification in writing, signed by all parties hereto, and recorded with the County Recorder for
Scott County, Minnesota.
11. Bindin E�ect. The terms and conditions of this instrument shall run with the land and
be binding on the Grantor, its successors and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this day of , 2013.
St. Francis Regional Medical Center
By
Its
By
Its
CITY OF SHAKOPEE
By:
Brad Tabke
Its: Mayor
By:
Mark McNeill
Its: City Administrator
#419401 Version: 3
NKE SH155-262
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of ,
2013, by Brad Tabke and Mark McNeill, the Mayar and City Administrator, respectively of the
City of Shakopee, a Minnesota municipal corporation on behalf of the City.
Notary Public
NOTARY STAMP OR SEAL
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2013 by and , the
and of the St. Francis Regional
Medical Center, a non-profit corporation organized under the laws of the State of Minnesota, on
behalf of the non-profit corporation, Grantor.
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Keimedy & Graven, Chartered
470 US Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
#419401 Version: 3
NKE SH155-262