HomeMy WebLinkAbout15.D.2. Final Plat of Westchester Estates-Res. No. 5861
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CITY OF SHAKOPEE
Memorandum
CASE LOG NO.: 02-111 C~~~~rNT
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TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Pinal Plat of Westchester Estates
MEETING DATE: March 4, 2002
REVIEW PERIOD: October 4,2002 - April 1, 2003
Site Information
Applicant: Tollefson Development
Property Owner: Tollefson Development
Location: East of CR 79 and south of the Providence Pointe development
Current Zoning: Urban Residential (R-1B) Zone
Adjacent Zoning: North: Planned Residential District (PRD)
South: Urban Residential (R-1B)/Rural Residential (RR)
East: Urban Residential (R-1B)
West: Jackson Township
Acres: 77.31 Acres
No. of Dwelling Units: 174
Outlot Area for Future Phases: 0
Wetlands: None
Park Dedication Acreage: 6.0 acres
R-O-W Adjustments: 18.0 Acres
Net Density: 3.26 units/acre
MUSA: The site is within the MUSA boundary.
INTRODUCTION
Tollefson Development has made application for final plat approval of Westchester Estates.
The proposed development is located south of the Providence Pointe development and east of
County Road 79 (Exhibit A). The development, as proposed, would consist of 174 single
family residential lots (Exhibit B).
CONSIDERATIONS
At the time this memo was prepared, it was anticipated that the drainage issues impacting this
property and property owned by the School District would have be resolved prior to the
March 4 City Council meeting.
The final plat is in substantial conformance with the approved preliminary plat.
ALTERNATIVES
1. Approve Resolution No. 5861, approving the Final Plat of Westchester Estates subject
to the conditions presented, and direct the appropriate City officials to execute the
"temporary easement agreement" for construction, maintenance, and repair of a
drainage facility.
2. Approve Resolution No. 5861, subject to revised conditions and direct the appropriate
City officials to execute the "temporary easement agreement" for construction,
maintenance, and repair of a drainage facility.
3. Do not approve the final plat and direct staff to prepare a resolution consistent with the
direction of the Council.
4. Table the matter and request additional information from staff and/or the applicant.
STAFF RECOMMENDATION
Staff recommends Alternative No.1, approval of Resolution No. 5861, approving the Final
Plat of Westchester Estates.
ACTION REQUESTED
1. Offer a motion approving Resolution No. 5861, approving the Final Plat of
Westchester Estates, and move its approval.
2. Offer a motion directing the appropriate City officials to execute the "temporary
easement agreement" for construction, maintenance, and repair of a drainage facility,
and move its approval.
g: \cc \2003\03-04 \fpwestchesterestates.doc
RESOLUTION NO. 5861
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE
FINAL PLAT OF WESTCHESTER ESTATES
WHEREAS, Tollefson Development, applicant and property owner, have made
application for final plat approval of Westchester Estates; and
WHEREAS, the subject property is legally described as:
The South Half of the Northwest Quarter of Section 18, Township 115, Range 22, Scott
County, Minnesota; and
WHEREAS, the Planning Commission recommended approval of the proposed
preliminary plat with conditions; and
WHEREAS, on March 4, 2003 the City Council reviewed the proposed final plat, and
found it to be generally consistent with the approved preliminary plat.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Shakopee, Minnesota that final plat of Westchester Estates is hereby approved subject to the
following conditions;
I. The Final Plat shall be revised to identify Outlot A as park land rather than an
outlot, and dedication language be included to dedicate the property to the City of
Shakopee.
II. Sidewalks shall be constructed in the following locations:
A. Along the east side Countryside Drive south to Valley View Road.
B. Along the east side of Basenji Curve.
C. Along the Jura Way, Burnese Place, and Countryside Drive where they
connect to Valley View Road.
III. No ponding shall be allowed within the Scott County right-of-way. The plans
shall be revised to eliminate any ponding or grading for ponds within right-of-way.
N. No berming, signage or landscaping shall be located within the Scott County right-
of-way.
V. The submitted preliminary grading, preliminary plat and preliminary street and
utility plans have only plan views. No street or utility profile information was
submitted as part of this application. No site grading will be allowed until
Preliminary plan and profile sheets for street and utility work have been submitted
and approved by the City Engineer.
VI. Storm water calculations will need to be submitted before any construction is
allowed.
VII. Construction vehicles shall not access the site via CR 79 unless the County grants
a temporary construction access permit.
VIII. Any field access along CR 79 shall be completely removed from the right-of-way
and graded to match the existing ditch.
IX. A utility permit shall be required for any work within the right-of-way for CR 79.
X. Any increase in water entering the Scott County right-of-way shall require detailed
stormwater calculations to be submitted to and approved by the County Engineer.
XI. Prior to construction, surveyor's bench loop notes shall be submitted showing the
benchmarks for this site have been established using the City of Shako pee's
approved bench mark system.
XII. The following procedural actions must be completed prior to the recording of the
Final Plat:
A. Approval of title by the City Attorney.
B. Execution of a Developers Agreement with provisions for Plan A and Plan
B improvements, as well as payment of engineering review fees, and any
other fees as required by the City's adopted fee schedule.
1. Street lighting to be installed in accordance with the requirements
of the Shakopee Public Utilities Commission.
2. Electrical system to be installed in accordance with the
requirements of the Shakopee Public Utilities Commission.
3. Water system to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
4. Installation of sanitary sewer and storm sewer systems, and
construction of streets in accordance with the requirements of the
Design Criteria and Standard Specifications of the City of
Shakopee.
5. Construction of drainage system improvements across lands owned
by ISD 720 and the applicants, per a "Temporary Easement
Agreement" between the City, ISD 720, and the
applicant/developer (i.e. Tollefson Development).
6. The developer shall be responsible for payment of Trunk Storm
Water Charges, Trunk Sanitary Sewer Charges, security for the
public improvements, engineering review fees, and other fees as
required by the City's adopted Fee Schedule for the entire plat.
7. No public improvements shall be constructed until the City
Engineer and the Shakopee Public Utility Commission approve the
Final Construction Plans and Specifications. Said plans shall
include provisions for extending sanitary sewer and water services
to Lots 1-5, Block 1, Hillwood Estates.
8. Park dedication requirements shall be met through a combination of
land and cash dedication. Land dedication of 6.0 acres shall be
provided, as well as, $76,8l2.48 in cash to be paid at the time of
recording of the final plat.
C. Easements shall be shown on the Final Plat as approved by the City
Engineer.
D. SPUC requires that an additional easement of 20 feet combined is required
between Lots 30 and 31 OR Lots 31 and 32, Block 8.
II. Following approval and recording of the final plat, the following conditions shall
apply;
A. Building construction, sewer, water service, fire protection and access will be
reviewed for code compliance at the time of building permit application(s).
B. Any work within the Scott County right-of-way will require a utility permit
from the County.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota,
held the _ day of , 2002.
Mayor of the City of Shakopee
ATTEST:
City Clerk
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Final Plat of Westchester
D Zoning Boundary
L_J Parcel Boundary
_ Parcel Area in Question
WESTCHESTER
KNOW ALL PERSONS BY THESE PRESENTS: That Tollefson Development Inc., 0 Minnesota corporation. fee owner of the This plot was opproved and accepted by the City Council of the City of Shakopee this ___ day of
following described property situoted in the State of Minnesota, County of Scott: _______, 2002. and also pursuant ta Minnesqta Statute 505.03, Subdivision 2. we ore in accordance.
-----------------. -----Ci;;:k----'
The Squth One-half of the Northwest Ouorter of Section 18, Township 115, Range 22, Scott County, Minnesota. Moyor
Has coused the some to be surveyed and platted os WESTCHESTER and does hereby donate and dedicate to the public I hereby certify that I have examined this plat of WESTCHESTER and do hereby recommend this plat for approval as to
far the public use forever the thoroughfares and/or cui de sacs, and also dedicate the easements as shawn on this form this ___ day of , 2002.
plat for drainage and utility purposes only.
---------------.
Attorney. City of Shokopee
In witness whereof said Tollefson Development Inc.. a Minnesota corporation. has caused these presents to be signed by
its proper officer this ____ day of _______ 2002.
Tollefson Development Inc. Pursuant to Chapter 7. Minnesota Lows of 1976. this plot has been approved this ____ day of _______.
2002.
By. _________________ --Scott County Surveyor--'
Carl Tollefson, its President
Stote of Minnesota I hereby certify thot the current and delinquent taxes on the lands described within ore paid and the transfer is
County of _________ entered this ___ day of _____________ 2002.
The foregoing instrument was acknowledged before me this ____ doy of __________, 2002. by Carl Tollefson, Signed by. ____________________.
President of Tollefson Development Inc.. 0 Minnesota corporotion, on behalf of the corporation. Deputy
____________. Notary Public
______________ County. Minnesota County of Scott. State of Minnesoto
My commission Expires: _____________ I hereby certify that this plot of WESTCHESTER was filed in the office of the Registrar qf Titles far record on this
___ day of ___________. 2002, at __ o'clock ___.M. os Document No. ___________.
I hereby certify thot I have surveyed and platted the property described on this plat as WESTCHESTER; that this plat is
a correct representation of the survey; that 01/ distances ore correctly shown on the plot in feet and hundredths of 0 -------------------------. By. __________________.
foot; that all monuments have been correctly placed in the ground os shown; that the outside boundary lines are Registrar of Titles Deputy
correctly designated an the plat; and that there ore no wet lands os defined in Minnesota Statutes 505.02, Subdivision
1. or public high ways to be designated other than as shown.
-------------------------
Gary R. Harris. Land Surveyor.
Minnesota License No. 10943
State qf Minnesota
County of ___________
The foregoing instrument was acknowledged before me this ____ day of ____________, 2002. by Gory R.
Harris. Land Surveyor, Minnesota License No. 10943.
_______________, Notary Public
___________________ County. Minnesota
My commission Expires: ______________
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. DENOTES IRON PIPE MONUMENT FOUND.
o DENOTES 1/2 INCH )( 14 l~jCH IRON PIPE MONUMENT 0 6,0 I~O 180
..... SET AND MARKED BY REGISTRATION NO. 10943. I I
SEE SHEET 5 ORIENTAllON OF THIS BEARING SYS1!:M IS BASED ON THE SCALE IN FEET
I'ffST UNE or THE NW 1/4 Of SECTION 18, TOWNSHIP 115,
OF 6 SHEETS ~~~,~022ciF~g6I27~~~;'. MN TO HAVE AN ASSUMED
John Oliver & Associates, Inc.
Elk River - Burnsville - Brooklyn Center
Sheet 6 Of 6 Sheets
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RESOLUTION NO. 5861
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE
. FINAL PLAT OF WESTCHESTER ESTATES
WHEREAS, Tollefson Development, applicant and property owner, have made
application for final plat approval of Westchester Estates; and
WHEREAS, the subject property is legally described as:
The South Half of the Northwest Quarter of Section 18, Township 115, Range 22, Scott
County, Minnesota; and
WHEREAS, the Planning Commission recommended approval ofthe proposed
preliminary plat with conditions; and
WHEREAS, on March 4, 2003 the City Council reviewed the proposed final plat, and
found it to be generally consistent with the approved preliminary plat.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Shakopee, Minnesota that final plat of Westchester Estates is hereby approved subject to the
following conditions;
I. The Pinal Plat shall be revised to identify Outlot A as park land rather than an
outlot, and dedication language be included to dedicate the property to the City of
Shakopee.
II. Sidewalks shall be constructed in the following locations:
A. Along the east side Countryside Drive south to Valley View Road.
B. Along the east side of Basenji Curve.
C. Along the Jura Way, Burnese Place, and Countryside Drive where they
connect to Valley View Road.
III. No ponding shall be allowed within the Scott County right-of-way. The plans
shall be revised to eliminate any ponding or grading for ponds within right-of-way.
IV. No berming, signage or landscaping shall be located within the Scott County right-
of-way.
V. The submitted preliminary grading, preliminary plat and preliminary street and
utility plans have only plan views. No street or utility profile information was
submitted as part of this application. No site grading will be allowed until
Preliminary plan and profile sheets for street and utility work have been submitted
and approved by the City Engineer.
VI. Storm water calculations will need to be submitted before any construction is
allowed.
VII. Construction vehicles shall not access the site via CR 79 unless the County grants
a temporary construction access permit.
r \
ID K En!;jineering. Planning. Surveying. landscape Architecture
(KUUSISTO LTD)
~
February 21,2003
Mayor and Council Members
Attn: Michael Leek
Community Development Director
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379-1328
RE: Request for Environmental Review
Valley Green Corporate Center
RLK-Kuusisto, Ltd. Project No. 2001-623_M
Dear Mayor and Council Members:
In recent meetings with Community Development Director, Michael Leek, it has been
detennined that additional environmental review is necessary to analyze the potential for
environmental impacts from the revised Valley Green Cmporate Center Master Plan. We
are requesting the City Council concur with the need for additional environmental
review, and authorize staff to commence with the preparation of an Environmental
Assessment Worksheet (EA W).
In discussing this matter with Mr. Leek, we Were asked to contact the Environmental
Quality Board staff regarding the appropriateness of completing an EA W fur the
proposed project. A meeting was held with EQB staff and they support the USe of the
EA W for COmpleting the enVironmental review process. Attached is a letter from Gregg
Downing, Coordinator of the Environmental Review Program at the EQB. This letter
from Mr. Downing confirms the USe of an EA W to review the proposed project changes.
In September, 2002, the City of Shakopee prepared and distributed its Comments,
Responses, and Mitigation Plan: Supplement to Valley Green COIporate Center FA U AR.
This Was a Supplement to a final AUAR adopted by the City of Shako pee on
July 16, 2000.
The Supplement FAUAR described a transition from an office and industrial land USe
mix to a bUSiness park which contained a mix of residential, office, warehouse, and light
industrial sites. The project proposer has now detenained that it would like to increase
the number of residential units in the mixed use development. The change in land uses is
as follows:
off;ces: Hibbing . Minnetonka . Ham lake . Twin Ports
(952) 933-0972 . 6110 Blue Ckcle D,;ve . 5U;te 100 . Minnetonka, MN 55343 . FAX (952) 933-1153
Equal Opportunity Employer
Request For Environmental Review, Valley Green Corporate Center
RLK-Kuusisto, Ltd. Project No. 2001-623-M
February 21, 2003
Page 2 of2
Supplement to Valley Green Corporate Center FAUAR (September, 2002):
* Office, warehouse, and light industrial: 2.0 to 2.1 million square feet
* Residential units: 258 units
Proposed Land Use Change (2003)
* Office, warehouse, and light industrial: 1.1 to 1.2 million square feet.
* Residential units: 565 units
This proposed change reduces the business uses and increases the number of residential
units. There is no change to the collector street pattern, open space, shoreland setbacks,
stormwater management, or utility systems. Further, the development remains a mixed
use center.
The proposer wishes to prepare an Environmental Assessment Worksheet (EA W) on the
additional residential units and the use change. In that manner, we can focus on
addressing the environmental review questions found in the EA Wand, if a negative
declaration is determined by the City, shorten the time period to complete the process.
Of course, the public and commenting agencies will have the opportunity to review and
comment on theEA W.
Sincerely,
Ek2
. St en ~hwanke
Principal Planner
cc. Mark McNeill, City of Shakopee
Julie Klima, City of Shakopee
Bruce Loney, City of Shakopee
Kent Carlson, Ryan Companies US, Inc.
Gen McJilton, Ryan Companies US, Inc.
Jon Albinson, Valley Green Business Park
David Sellergren, Fredrikson & Byron
Joseph Samuel, RLK-Kuusisto, Ltd.
\\RLKO 1 \DA T A \GROU PS\MINNET -I \Ryan Companies\200 1-623-M\Correspondence\Letters\Ltr to Shak Mayor & CC Req for env
rev 022103.doc
VIII. Any field access along CR 79 shall be completely removed from the right-of-way
and graded to match the existing ditch.
IX. A utility permit shall be required for any work within the right-of-way for CR 79.
X. Any increase in water entering the Scott County right-of-way shall require detailed
stormwater calculations to be submitted to and approved by the County Engineer.
XI. Prior to construction, surveyor's bench loop notes shall be submitted showing the
. benchmarks for this site have been established using the City of Shakopee's
approved bench mark system.
XII. The following procedural actions must be completed prior to the recording ofthe
Final Plat:
A. Approval of title by the City Attorney,
B. Execution of a Developers Agreement with provisions for Plan A and Plan
B improvements, as well as payment of engineering review fees, and any
other fees as required by the City's adopted fee schedule.
1. Street lighting to be installed in accordance with the requirements
of the Shakopee Public Utilities Commission.
2. Electrical system to be installed in accordance with the
requirements of the Shakopee Public Utilities Commission.
3. Water system to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
4. Installation of sanitary sewer and storm sewer systems, and
construction of streets in accordance with the requirements of the
Design Criteria and Standard Specifications of the City of
Shakopee.
5. Execution of a "Temporary Easement Agreement" between the
City, ISD 720, and the applicants (Tollefson Development) for the
construction of drainage system improvements across lands owned
by ISD 720 and the applicants
6. The developer shall be responsible for payment of Trunk Storm
Water Charges, Trunk Sanitary Sewer Charges, security for the
public improvements, engineering review fees, and other fees as
required by the City's adopted Fee Schedule for the entire plat.
7. No public improvements shall be constructed until the City
Engineer and the Shakopee Public Utility Commission approve the
Final Construction Plans and Specifications. Said plans shall
include provisions for extending sanitary sewer and water services
to Lots 1-5, Block 1, Hillwood Estates.
8. Park dedication requirements shall be met through a combination of
land and cash dedication. Land dedication of 6.0 acres shall be
provided, as well as, $76,8l2.48 in cash to be paid at the time of
recording of the final plat.
C. Easements shall be shown on the Final Plat as approved by the City
Engineer.
D. SPUC requires that an additional easement of 20 feet combined is required
between Lots 30 and 31 OR Lots 31 and 32, Block 8.
II. Following approval and recording of the final plat, the following conditions shall
apply;
A. Building construction, sewer, water service, fire protection and access will be
reviewed for code compliance at the time of building permit application(s).
B. Any work within the Scott County right-of-way will require a utility permit
from the County.
C. Certificates of Occupancy shall not be issued until completion and acceptance
by the City of the drainage improvements under the "Temporary Easement
Agreement" between the City, ISD 720, and the applicants (Tollefson
Development).
Adopted in regular session of the City Council of the City of Shakopee, Minnesota,
held the _ day of , 2002.
Mayor of the City of Shakopee
ATTEST:
City Clerk
TEMPORARY EASEMENT AGREEMENT
THIS AGREEMENT is made effective as of this 4th day of March, 2003, by and among
TOLLEFSON DEVELOPMENT, INC., a Minnesota corporation ("Tollefson"),
INDEPENDENT SCHOOL DISTRICT NO. 720, a body politic and corporate under the laws of
the State of Minnesota (the "District"), and CITY OF SHAKOPEE, a Minnesota municipal
corporation (the "City").
Recitals
A. Tollefson is the fee owner of the real estate situated in Scott County, Minnesota,
more particularly described in Exhibit A attached hereto (the "Tollefson Property").
B. Tollefson also owns other real estate situated in Scott County, Minnesota that lies
within the same drainage area as the Tollefson Property (the "Additional Tollefson Property").
C. The Tollefson Property and Additional Tollefson Property both consist of
undeveloped land presently used for agricultural purposes. Tollefson desires to construct various
improvements principally consisting of one or more single and/or multi-family housing
developments on the Tollefson Property and Additional Tollefson Property.
D. District is the fee owner of the real estate situated in Scott County, Minnesota, more
particularly described in Exhibit B attached hereto (the "District Property"). The District Property
consists of undeveloped land presently used for agricultural purposes. District presently intends to
develop the District Property at a future date with one or more school buildings and related
facilities.
E. City will not permit development ofthe Tollefson Property and Additional Tollefson
Property to proceed until adequate provision has been made for stonn water drainage from the
CAH-225060v8 1
SH155-23
Additional Tollefson Property. City desires to obtain a temporary easement for storm water drainage
purposes over, under, and across portions of the Tollefson Property and District Property and to
secure the construction of a storm water drainage ditch within the easement area (the "Drainage
Ditch Improvements"). City intends the temporary easement and Drainage Ditch Improvements to
provide an interim solution to City's regional storm water drainage system needs, pending final
development of the Tollefson Property and District Property, at which time City will secure
permanent storm water drainage easements.
F. The parties desire to enter into this temporary easement agreement.
Terms of Easement Agreement
Section 1. Descriptions. For purposes of this Agreement, the following definitions
shall apply:
a. "Temporary Easement Parcel" shall mean the real estate situated in Scott
County, Minnesota, more particularly described in Exhibit C attached hereto.
b. "Construction Easement Parcel" shall mean the real estate situated in Scott
County, Minnesota, more particularly described in Exhibit D attached hereto.
Section 2. Tollefson Grant of Temporary Easement. Tollefson grants to City a
temporary easement for storm water drainage purposes over, under, and across that portion of the
Temporary Easement Parcel as shall be located on and within the Tollefson Property. Tollefson
grants to City a temporary easement for construction purposes over, under, and across that
portion of the Construction Easement Parcel as shall be located on and within the Tollefson
Property.
Section 3. District Grant of Temporary Easements. District grants to City a temporary
easement for storm water drainage purposes over, under, and across that portion of the
Temporary Easement Parcel as shall be located on and within the District Property. District
grants to Tollefson and City a temporary easement for construction purposes over, under, and
across that portion of the Construction Easement Parcel as shall be located on and within the
District Property.
Section 4. Scope of Easement Rights. The temporary easements for storm water
drainage purposes granted under Sections 2 and 3 above include the right of City, its contractors,
agents, and employees to enter the premises at all reasonable times to excavate, construct,
operate, maintain, repair and replace a storm water drainage ditch and related facilities within the
described easement areas and to cut, trim, or remove from the easement areas trees, shrubs, or
other vegetation as in City's judgment unreasonably interfere with City's easement or drainage
ditch facilities.
The temporary easements for construction purposes granted under Sections 2 and 3 above
include the right of the grantees to enter the premises at all reasonable times for the purpose of
construction, grading, sloping, and restoration purposes, and all purposes ancillary thereto,
together with the right to cut, trim, or remove therefrom trees, shrubs, or other vegetation from
CAH-225060v8 2
SH155-23
the easement area, as well as the right to deposit construction materials upon the easement area
and to deposit or remove earthen materials from the easement area.
Section 5. Term of Easements. The easements described at Exhibit C and Exhibit D
will continue in full force until such time as City se(mres a permanent replacement easement by
any of the following means: negotiated acquisition; dedication by plat; or acquisition by eminent
domain. Either of the following recorded instruments shall constitute evidence of the termination
of the temporary easements granted in Section 2 or 3 above, with respect to the specific property
described in the terminating instrument: a subdivision plat approved and executed by City; or an
. instrument that is executed by City, that specifically refers to the recorded document number of
this instrument, and that expressly states that the temporary easement granted herein is
terminated. District and City agree that the permanent replacement easement on the District
Property will be relocated to the east twenty (20) feet of the District Property, or to such other
location as mutually agreed upon between District and City.
Section 6. Construction of Drainage Ditch Improvements. Tollefson agrees to
construct the Drainage Ditch Improvements within the easement area as described on Exhibit C,
at Tollefson's sole cost and expense. All construction must be in accordance with specifications
to be prepared by Tollefson or its engineer, and those specifications must be reviewed and
approved by City and District (in the case of District, as to only those Drainage Ditch
Improvements as shall be constructed within that portion of the Temporary Easement Parcel as
shall be located on and within the District Property) before any construction begins. In the case
of construction of the Drainage Ditch Improvements within that portion of the Temporary
Easement Parcel as shall be located on and within the District Property, such construction shall
be undertaken in such a manner as to not unreasonably interfere with any tenants who may be
then residing on the District Property, including without limitation any rights of access by such
tenants to, from and across the District Property by way of the existing driveway located thereon,
Tollefson covenanting herein to construct such alternate temporary driveway improvements, if
any, as may be approved by District (such approval not to be umeasonably withheld) and
necessary to enable such tenants to have and retain reasonable temporary access to, from and
across the District Property during the construction period, and to construct, as part of the
Drainage Ditch Improvements, such further drainage improvements, if any, as may be approved
by District (such approval not to be umeasonably withheld) and necessary to enable such tenants
to have and retain reasonable continuing access to, from and across the District Property at all
times from and after completion of the construction. Construction must begin no later than
July 1, 2003 and must be completed no later than August 1,2003.
Section 7. Indemnification by Tollefson. Tollefson agrees to indemnify and hold
District and City, together with their respective employees, agents, heirs, successors and assigns,
harmless from and against any and all claims, demands, actions, losses, injury, liabilities and
other obligations, whether direct or indirect, and all related costs and expenses (including
without limitation attorneys' fees and costs), arising out of, in connection with, or related to the
performance of Tollefson's obligations under this Agreement by Tollefson, its contractors,
agents or employees. Notwithstanding anything to the contrary in this Agreement, this section
shall survive any termination or expiration of this Agreement.
CAH-225060v8 3
SH155-23
Section 8. Liabilitv Insurance. Tollefson shall, at its sole cost and expense, maintain in
effect at all times during construction of the Drainage Ditch Improvements a "Commercial
General Liability Insurance" policy, on an "occurrence" rather than on a "claims made" basis,
with a total combined policy limit of at least $2,000,000.00, which policy shall include, but not
be limited to, coverages for bodily injury property damages, personal injury and contractual
liability (applying to this Agreement), or an equivalent form (or forms), so long as such
equivalent form (or forms) affords coverage of equal or greater breadth. Tollefson's liability
insurance coverage may be subject to a "deductible," "retention" or "participation" (or other
similar provision) requiring Tollefson to remain responsible for a stated amount or percentage of
each covered loss; provided, however, that such amount shall not exceed $10,000.00 for each
occurrence. Such policy shall name District and City as additional insureds thereunder.
Tollefson shall from time to time, upon request, furnish District and City with reasonable
evidence of liability insurance coverage in compliance with the provisions of this section.
Section 9. Removal of Drainage Ditch Improvements/Restoration. Tollefson shall be
responsible, at its sole cost, for removing the Drainage Ditch Improvements located on both
District's and Tollefson's respective properties after expiration or termination of the temporary
easements granted in Sections 2 and 3 above. Following such removal, Tollefson shall, at its
sole cost, restore the District Property to the condition existing immediately prior to the original
construction of the Drainage Ditch Improvements, including without limitation any restoration of
the topsoil to the District Property necessary to render the District Property in the condition
required by this restoration obligation. In connection therewith, District hereby grants Tollefson
a temporary easement for purposes of removal of the Drainage Ditch Improvements from, and
restoration of, that portion of the Construction Easement Parcel as shall be located on and within
the District Property, said temporary easement to automatically arise and commence effective as
of the date of expiration or termination of the temporary easements granted in Sections 2 and 3
above, and to automatically expire and terminate ninety (90) days thereafter.
Section 10. Future Permanent Improvements. In consideration of the grant of easement
made by District herein, City represents to District that, at the time that City installs permanent
storm water drainage facilities within the District Property, as contemplated by section 5 of this
Agreement, City will require District to pay for only that portion of the cost of installing such
improvements as is required by Section 3.43 of the Shakopee City Code, a copy of which is
attached as Exhibit E.
Section 11. Indemnification for Crop Damage. Tollfeson agrees to indemnify and hold
District, together with its tenants, employees, agents, heirs, successors and assigns, harmless
from and against any and all claims, demands, actions, losses, injury, liabilities and other
obligations, whether direct or indirect, and all related costs and expenses (including without
limitation attorneys' fees and costs), arising out of, in connection with, or related to the any
damage to, or loss of, any seeds, seedlings, or crops then located on the District Property and
owned by any tenants leasing all or any portion of the District Property to the extent caused, in
whole or in part, by the construction, maintenance, repair, or removal of the Drainage Ditch
Improvements, or the restoration of the District Property in accordance with Section 9 above, or
otherwise in connection with the performance of Tollefson's obligations under this Agreement
by Tollefson, its contractors, agents or employees. Notwithstanding anything to the contrary in
this Agreement, this section shall survive any termination or expiration of this Agreement.
CAH-225060v8 4
SHl55-23
Section 12. Warranty of Grantors. District and Tollefson each warranty that they are the
owners of a fee simple interest in their respective property, that they have the right and authority
to grant the easements conveyed by this instrument, and that their respective property is free and
clear of any lien, encumbrance, easement, restriction, covenant or condition that would have
priority over the easements conveyed herein.
Section 13. Notices. All notices, requests, demands and other communications under or
in respect of this Agreement or any transactions hereunder shall be in writing and shall be
personally delivered or mailed to the applicable party at the following addresses:
c. Ifto Tollefson, to it at:
Tollefson Development, Inc.
17271 Kenyon Avenue, Suite 103
Lakeville, MN 55044
ATTN: Mr. Gary Wollschlager
d. If to District, to it at:
Shakopee School District
505 Holmes Street South
Shakopee, MN 55379-1384
Attn: Mr. Jon McBroom
e. If to City to it at:
City of Shakopee
129 South Holmes Street
Shakopee,MN 55379-1328
or, as to each party, at such other address as shall be designated by such party in a written notice
to the other party delivered as aforesaid. All such notices, requests, demands and other
communications shall be deemed delivered within three (3) days following deposit in the U.S.
Mails, or immediately upon hand delivery to the addressee( s), addressed as aforesaid.
Section 14. Binding Agreement. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, successors and assigns.
Section 15. Assignment. No party may assign its rights or obligations under this
Agreement without the prior written consent of the other parties hereto.
Section 16. Severability. If any provision of this Agreement is held invalid or
unenforceable, either in its entirety or by virtue of its scope of application to given
circumstances, such provision shall thereupon be deemed modified only to the extent necessary
to render the same valid, or not applicable to given circumstances, or excised from this
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Agreement, as the situation may require, and this Agreement shall be construed and enforced as
if such provision had been included herein as so modified in scope or application, or had not
been included herein, as the case may be.
Section 17. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute a single Agreement.
Section 18. Amendment. This Agreement may be amended by the parties hereto only by
written instrument executed in accordance with the same procedures and formality followed for the
execution of this Agreement.
Section 19. Governing Law. This Agreement shall be governed by the law of the State of
Minnesota, without regard to conflict of law provisions.
Section 20. Headings. The section headings in this Agreement are included herein for
convenience of reference only, and shall not affect the construction or interpretation of any
provision of this Agreement.
Section 21. Entire Agreement. This Agreement constitutes the sole and entire agreement
and understanding between the parties hereto as to only the subject matter hereof, and supersedes all
prior discussions, agreements and understandings of every kind and nature between the parties as to
such subject matter.
IN WITNESS WHEREOF, the parties have executed and delivered this
Agreement effective as ofthe date first set forth above.
[Te remainder of this page is intentionally left blank.]
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Signature Page for Tollefson
TOLLEFSON DEVELOPMENT, INC.
By
Its:
STATE OF MINNESOTA }
sS.:
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2003, by , the of Tollefson
Development, Inc., a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
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Signature Page for District
INDEPENDENT SCHOOL DISTRICT
NO. 720
By
Its
STATE OF MINNESOTA }
ss.:
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2003, by , the of Independent School District No. 720,
a public body corporate and politic under the laws of the State of Minnesota, on behalf of the
corporation.
Notary Public
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Signature Page for City
CITY OF SHAKOPEE
By:
Its Mayor
By
Its City Clerk
By:
Its City Administrator
STATE OF MINNESOTA } sS.:
COUNTY OF SCOTT
The foregoing instrument was acknowledged before me this day of
, 2003, by William P. Mars, Judy S. Cox and Mark McNeill, the
mayor, city clerk and city administrator, respectively, of the City of Shakopee, a municipal
corporation under the laws of Minnesota, by and on behalf of the corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered
470 Pillsbury Center
Minneapolis, MN 55402
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EXHIBIT A
.
Description of Tollefson Property
That part ofthe Northeast Quarter of the Northeast Quarter of Section 13, Township 115, Range
23, Scott County, Minnesota, which lies northerly of the following described line: Commencing
at the northeast comer of said Northeast Quarter of the Northeast Quarter; thence along the east
line thereof, South 02 degrees 07 minutes 07 seconds East, assumed basis of bearings, a distance
of 755.00 feet to the point of beginning of the line to be described; thence South 87 degrees 52
minutes 53 seconds West 1348.40 feet to a point on the west line of said Northeast Quarter ofthe
Northeast Quarter, distance thereon 906.50 feet southerly of the northwest corner thereof, and
there terminating; Except that part thereof contained within Minnesota Department of
Transportation Right-of-Way Plat No. 70-20 as on file and of record in the office of the County
Recorder.
and
That part of the Northeast Quarter of the Northeast Quarter of Section 13, Township 115, Range
23, Scott County, Minnesota, which lies southerly of the following described line:
Commencing at the northeast corner of said Northeast Quarter of the Northeast Quarter;
thence along the east line thereof, South 02 degrees 07 minutes 07 seconds East, assumed
basis of the bearings, a distance of755,OO feet to the point of beginning of the line to be
described; thence South 87 degrees 52 minutes 53 seconds West 1348.40 feet to a point
on the west line of said Northeast Quarter of the Northeast Quarter, distant thereon
906.50 feet southerly ofthe northwest corner thereof, and there terminating.
Except that part thereof contained within Minnesota Department of Transportation Right-of-Way
Plat No.70-20 as on file and of record in the office ofthe County Recorder
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A-I
EXHIBIT B
Description of District Property
That part of the North Half of the Southeast Quarter of the Northeast Quarter of Section 13,
Township 115, Range 23, Scott County, Minnesota, which lies northerly of the South 322.41 feet
thereof.
and
The South 322.41 feet of the North Half of the Southeast Quarter of the Northeast Quarter (N ~
ofSE ~ ofNE ~) of Section 13, Township 115, Range 23, Scott County, Minnesota.
and
The South Half of the Southeast Quarter of the Northeast Quarter of Section 13, Township 115,
Range 23, Scott County, Minnesota.
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B-1
EXHIBIT C
Description of Temporary Easement Parcel
A 100 foot wide easement for storm water drainage purposes over, under and across the East
Half of the Northeast Quarter of Section 13, Township 115, Range 23, Scott County, Minnesota,
the center line of said easement is described as follows:
Commencing at the southeast corner of said East Half of the Northeast Quarter;
thence North 0 degrees 21 minutes 45 seconds East, assumed bearing along the
east line of said East Half of the Northeast Quarter, a distance of 241.15 feet to
the point of beginning of the center line to be described; thence North 64 degrees
41 minutes 22 seconds West 351.37 feet; thence North 55 degrees 36 minutes 59
seconds West 335.57 feet; thence North 3 degrees 01 minute 32 seconds West
26.77 feet; thence North 35 degrees 58 minutes 43 seconds West 543.03 feet;
thence North 2 degrees 11 minutes 04 seconds West 362.47 feet; thence North 6
degrees 54 minutes 50 seconds West 432.37 feet; thence North 21 degrees 23
minutes 41 seconds West 150.88 feet; thence North 60 degrees 38 minutes 50
seconds West 254.05 feet; thence North 0 degrees 54 minutes 17 seconds East
355.71 feet to the south right of way line of Minnesota Department of
Transportation Right of Way Plat No. 70-20, and said center line there
terminating.
The side lines of said easement shall be prolonged or shortened to terminate on the west right of
way line of Townline Road (County Road No. 79) and on the southerly right of way line of
Minnesota Department of Transportation Right of Way Plat No. 70-20.
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C-l
EXHillIT D
Description of Con$truction Easement Parcel
A 200 foot wide temporary easement for construction purposes over, under and across the East
Half of the Northeast Quarter of Section 13, Township 115, Range 23, Scott County, Minnesota,
the centerline of said easement is described as follows:
Commencing at the southeast comer of said East Half of the Northeast Quarter;
thence North 0 degrees 21 minutes 45 seconds East, assumed bearing along the
east line of said East Half of the Northeast quarter, a distance of 241.15 feet to the
point of beginning of the center line to be described; thence North 64 degrees 41
minutes 22 seconds West 351.37 feet; thence North 55 degrees 36 minutes 59
seconds West 335.57 feet; thence North 3 degrees 01 minute 32 seconds West
26.77 feet; thence North 35 degrees 58 minutes 43 seconds West 543.03 feet;
thence North 2 degrees 11 minutes 04 seconds West 362.47 feet; thence North 6
degrees 54 minutes 50 seconds West 432.37 feet; thence North 21 degrees 23
minutes 41 seconds West 150.88 feet; thence North 60 degrees 38 minutes 50
seconds West 254.05 feet; thence North 0 degrees 54 minutes 17 seconds East
355.71 feet to the south right of way line of Minnesota Department of
Transportation Right of Way Plat No. 70-20, and said center line there
terminating.
The side lines of said easement shall be prolonged or shortened to terminate on the west right of
way line of Townline Road (County Road No. 79) and on the southerly right of way line of
Minnesota Department of Transportation Right of Way Plat No. 70-20.
Said temporary easement shall expire August 1, 2004.
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