HomeMy WebLinkAbout5.B.1. St Francis Watermain Easement/Agreement AmendmentS. B. i.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
RE: St. Francis Watermain Relocation
DATE: September 21, 2010
DISCUSSION
As a part of improvement projects occurring on the South Valley Medical Campus, St. Francis is
proposing the relocation of watermain on the site. The current watermain is subject to an
easement and agreement in which the City and Shakopee Public Utilities are interested parties.
The current agreement (Exhibit A) allows for the relocation of watermain subject to an
amendment of the existing agreement. As a part of the amendment, the new location of the
watermain will be reflected. Attached as Exhibit B is a draft copy of the amendment. Shakopee
Public Utilities is working with the surveying company to fine-tune the legal description of the
watermain location.
The City Attorney has reviewed both the current agreement and the proposed amendment and
does not propose any changes other than the addition of signature blocks for City officials. Staff
has passed that information along to St. Francis representatives and has been assured that the
signature blocks will be provided.
Shakopee Public Utilities staff has reviewed the amendment document and has found it to be
satisfactory. The SPU Commission will be reviewing this item at its meeting on Monday, Sept.
20, 2010. This item meets Goal F: Housekeeping.
ALTERNATIVES
1. Approve the amendment to the watermain easement and agreement.
2. Do not approve the amendment to the watermain easement and agreement.
STAFF RECOMMENDATION
Staff recommends that the City Council approve the amendment to the watermain easement and
agreement and authorize the appropriate City officials to execute the associated documents.
ACTION REQUESTED
Offer a motion to approve the amendment to the watermain easement and agreement and
authorize the appropriate City officials to execute t assoc~.ated ocuments.
'`' .~ 4
ie ima
Planner II
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WATERMAIN EASEIVIENT AND AGREEMENT
This Watermain Easement and Agreement (this "Agreement") is made and
entered into as of the 1~ ~L day of v 1996, by and between St. Francis Regional
Medical Center, a Minnesota non-profit c rporation ("SFRMC"), Health Dimensions, Inc., a
Delaware corporation {"HDI"), Park Nicollet Clinic, a Minnesota non-profit business trust
("PNC"}, the Shakopee Public Utilities Commission, a public body under the laws of
Minnesota ("SPUC"}, and the City of Shakopee, a municipal corporation under the laws of
the State of Minnesota (the "City").
RECITALS
A. SFRMC, SPUC, and the City entered into an Agreement dated
February 14, 1995 {the "Watermain Construction Agreement") and recorded March 3 1995
in the Office of the County Recorder of Scott County, Minnesota as Document N 34960 -
for construction of a watermain Ioop around and across real property situated in Scott ounty
and more particularly described on Exhibit A attached hereto (the "Property").
B. Pursuant to the Watermain Construction Agreement, SFRMC has
constructed said watermain loop.
C. 5FRMC, HDI, and PNC are the owners of the various parcels of real
property which together constitute the Property (SPR1vIC, HDI and PNC and each of their
respective successors and assigns are referred to herein individually as an "Owner", and
collectively, as "Owners"}.
D. Under the terms of the Watermain Construction Agreement the City is
entitled to receive an easement over that portion of the Property where the watemnain is
located, and the Owners wish hereby to grant to the City such an easement.
NOW, THEREFORE, inconsideration of the foregoing, and of One Dollar
($1.00) and other good and valuable consideration, Owners, SPUC, and the City agree as
follows:
1. Grant of Easement.
(a} Each Owner hereby declares, grants, quit claims and conveys to the City, upon
and subject to the terms and conditions hereinafter set forth, a non-exclusive,
easemenE for water main purposes (the "Easement") over and across that
portion of the Property owned by it in the County of Scott, State of Minnesota,
legally described in Exhibit B attached hereto and made a part hereof (the
"Easement Area"}.
(b} The Easement shat! be used for the maintenance, passage, use, flow, repair,
operation, reconstruction and connection by the City and SPUC of subsurface
water mains and related equipment.
{c) No building or other permanent improvement may be constructed, placed or
maintained by the City or SPUC on or above the surface of the Easement Area
other than for hydrants, valve boxes and other appurtenances necessary to
operate a watermain.
2. Rights of Owners. Except for the rights expressly granted to the City and
SPUC under paragraph 1, above, all rights in and to the Easement Area are hereby reserved to
each Owner with respect to the Easement Area held in fee by said Owner, and each Owner
may use said Easement Area held for all uses and purposes not inconsistent with the rights
expressly granted to the City and SPUC. However, Owners steal! not construct or erect any
buildings upon the Easement Area.
3. Convevance,Qf Watermain• Repair and Maintenance.
{a} Owners hereby grant and convey to SPUC the watermain loop including all
pipes, fitting, valves and related equipment lying within the Easement Area, but
excluding service lines contained within the Easement Area (collectively, the
"Watermain").
(b) Ali maintenance, repair and reconstruction of the Watermain shall be paid for
and performed by SPUC without contribution from the Owners. Following
such maintenance, repair and replacement, SPUC will restore all paving,
sidewalks, Landscaping and other azeas to their former condition.
(c) Each Owner will maintain the surface of the Easement Area in accordance with
the applicable maintenance standards with respect to the property held in fee by
said Owner.
4. Bloc ti n. Each Owner may relocate that portion of the Easement Area
(including the Watermain within said area) crossing the property of said Owner in accordance
with the provisions of this Section 4 (such party desiring to relocate the Easement Area, the
"Relocating Owner"):
(a) The Relocating Owner shall notify the City, SPUC and the Owners of its desire
so to relocate the Easement, which notice shall be given at least thirty (30) days
prior to commencement of such relocation work, shall contain the date for
commencement and completion of the work and state the reason for such
relocation, and shall be accompanied by a drawing showing the proposed new
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Easement Area and the depth of the Watermain. No relocation shall be done
without the approval of SPUC, which approval shall not be unreasonably
withheld or delayed. At the option of the City or SPUC, the relocation work
may be performed by the City andlor SPUC, with the reasonable cost thereof
charged hack to the Relocating Owner, provided that the City and SPUC agree
to perform such relocation on the schedule specified in the notice sent by the
Relocating Owner under this paragraph 4{a).
(b) Such relocation may not be made if the same would (i) result in a violation of
any applicable law, ordinance or regulation, (ii) result in the interruption of
utility service to any other party served by the Watermain unless arrangements
satisfactory to such other party are made to provide temporary or alternate
service to avoid any such interruption, or (iii) increase the cost of, or diminish
or overburden the capacity of, the Watermain.
{c} Such relocation shall (i} be performed in accordance with SPUC standazds and
specifications as well as subject to inspection by SPUC, {ii) be prosecuted
diligently to completion and {iii) at all times be conducted in a safe aad
workmanlike manner and in accordance with all applicable legal requirements.
(d} Fvtlowing such relocation, the Relocating Owner shall promptly restore all
paving, sidewalks, landscaping and other areas disturbed by such relocation to
their former condition.
(e} All costs and expenses of relocation, including without limitation the
reasonable costs incurred by SPUC for review, approval cad inspection of the
Watermain as well as the cost of other items set forth in this Section 4, shall be
paid by the Relocating Owner.
{fl Concurrently with fulfillment of Sections {a} through (e}, the Easement shall
extend to and cover that portion of the Property to which the Watermain has
been so relocated and continue to cover that portion of the Easement Area as to
which the Watermain has not been so relocated at a twenty {20) foot width,
centered upon the Watermain. The Easement over that portion of the Easement
Area which no longer includes any portion of the Watermain shall terminate, in
each case without further act, but each pasty hereto covenants and agrees, for
itself and its successors and assigns, that it will, upon request of the other, join
with the other parties in the execution of recordable evidence of such relocation
and termination.
{g) The initial grant of the Easement includes the Easement and the Easement Area
as so relocated under this paragraph 4 and the Easement as so relocated sha[1
have the same priority as the initial easement.
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5. Nc~Merger. Neither this Agreement nor the easement or other rights created
herein shall terminate or merge by reason of common ownership of Lat I, Lot 2, Lot 3, Lot 4,
and Lot 5, or any combinations or portions of any thereof.
6, Miscellaneous.
(a) If this Agreement or any term of this Agreement or any application thereof shall
be invalid or unenforceable, the remainder of this Agreement and any other
application of such termination shall not be affected thereby.
(b) The Easement Area, but not any other property, is hereby subjected to the
provisions of this Agreement and shall hereafter be owned, occupied, leased,
Sold or otherwise transferred subject to and together with the covenants,
easements and restrictions of this Agreement. All of the provisions hereof shall
be deemed to be covenants, easements and restrictions running with the land
and shall benefit and burden Owners, SPUC, the City, their respective
successors and assigns.
(c) Notwithstanding any provisions of this Agreement to the contrary, the public
shall have no rights under this Agreement or to either enforce this Agreement
or to enter upon or use the Easement Area.
(d~ This Agreement may be executed in any number of counterparts, each of which
is an original, but all of which constitute one instrument.
IN WITNESS WHEREOF, Owners, the City and SPUC have duly executed
this Easement and Agreement effective as of the date indicated above.
j'INlS SPACE LEFT BLANK INTENTIONALLY)
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[SFRMC SIGNATURE PAGE)
ST. FRANCIS REGIONAL MEDICAL
CENTER
~y
An
STATE OF MINNESOTA )
) ACKNOWLEDGMENT
COUNTY O
The fore oing ins u ent was acknow~e.~ged~fgre me this __~~__ day of
1996, ~ ~ the //~J of St. Francis
egio edical Center, a Minnesota non-profit corporation, on bek-alf o the corporation.
No ''~
~. s~ ~+AA'! aVBUC•MtN11ESOTA
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STATE OF MINNESOTA )
ACKNOWLEDGMENT
COUNTY OF ~~~'~- )
The for oinkinstrument was acknowl .d ed before me this ~,~, day of
1996, by the of St. Francis
egio edical Center, a Minnesota nan~prof t corporation, an behalf of the corporation.
_.
Notary Pablic
~ wwnNw-^
KATHLEEN ANN TYLER
vara:~v.usuc-MrNt~ioTA
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[HDI SIGNATURE PAGE]
HE
By
STATE QF MIIVNESC?TA )
ACKNOWLEDGMENT
COUNTY OF ,
The f~aing instrument was acknowledged before me this _~s'~' day of
~~ J + 1996, by- I-~- of d~ ~¢ isco a ,the U~ ~ r ~f~cs,t d.~.. ~ , of Health
Dim lions, Inc., a Delaware corporation, on behalf of the corporation.
~~/ ~ ;~~r!N LYNN DEBNER
G _ /L.~~ ~ ~~ rue~a~-~r![resor~
~~NEPIN CAUNTY
otary Public "~-~
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[PNC SIGNATURE PAGE]
PARK NICOLLET LINK
By c,....-
STATE OF MINNESOTA )
coUNTY of
ACKNOWLEDGMENT
The fare Ding ins ent was acknowledged before me this ~7 day of
1995, by the / tiU _~ ~ , of Park Nicollet
!' , a Minneso on-profit business frost, on behalf of the trust.
a~ JW~1 ARP N Public
~oaer.~~e•..roaR~
~r cooN ~
~wnr ~t, sooe
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[CITY SiCNATURE PAGE]
CITY OF SHAKOPEE
By
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And
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STATE OF MINNESOTA )
ACKNOWLEDGMENT
COUNTY OF
The foregoing instrument was acknowledged before me this ~7~'' day of
1996, by e+a,el~e, ~~~ ,the , of the City
a M' ' ipal corporation, on behalf of th municipal corporation.
roNr wAAKO~
NpTAAY PUBLfC--~INNESO7A
µv CpMMtSSION EXPIAES 1tii1.4000 - -
. Notary P
STATE OF MINNESOTA
ACKNOWLEDGMENT
COUNTY OF c..~~
The foregoing instrument was acknowledged before me this _~~"day of
1 1996, by U .C~w.i ~,i'.1 aka the '-b M of the
City o hakopee, a Minnesota municipal corporation, on behalf the municipal corporation.
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K''•^"'~ NOTARY PUBtIP,rMINNE60TA
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Notary Pu '
STA'G'E OF MINNESOTA )
} ACKNOWLEDGMENT
COUNTY OF ~~#~ )
The foregoing instrument was acknowledged before me this ,~~ day of
1996, by ,,.1;~.. S . the ~:~ ~, ~ ~~ , of the
Ci o hakopee, a Minnesota municipal corporation, on behalf`of the municipal corporation.
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~SPUC SIGNATURE PAGE]
SHAKOPEE PUBLIC UTILITIES
COMMISSION
STATE OF MINNESOTA )
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COUNTY OF~O~T' )
Its
And By ~ .
Its c ~ - ~ s hA .
The foregoing inshvment was ack~i ledged befo a me th's day of
199b, byTcxr re ~ ~, loo` the GS of the
Shakopee blic Utilities Commission, a public body under the laws of Minnesota, on behalf
ofthe Commission.
STATE OF MINNESOTA )
} ss.
COUNTY OF ~~ )
Notary Public
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NdYARY MlillO
0111 Mild! ~~ 1!~!~
The foregoing instrulnent bras a~ owled~ed before me this , j~ day of
1996, by t~+c Q k ~ 6(, e ' ' ' of the
Shakop Public Utilities Commission„ a public body under the laws of Minneso on behalf
of the Commission.
Notary Public
M1:0143069.07 ~~~ t.~
IICf~IIY M1NLp•~~
a~t~Y
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EXHIBIT A
Lots 1, 2, 3, 4 and S, Block 1, St. Francis Medical Campus, Scatt County,
Minnesota.
THIS INSTRUMENT WAS DRAFTED BY:
Faegre & Bensr~n LLP (AGT)
2200 Norwest Center
90 South Seventh Street
Minneapolis, MN 55402
Phone: (bI2) 336-3000
M1:6145069.07
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EXHIBIT B
LEGAL DESCRIPTION 4F THE EASEMENT AREA
A 20 foot wide water main easement located in Lots 1, 2, 3, 4 and 5 of Block 1, St_ Francis A+Iedical
Campus, Scott County, Minnesota described as follows:
Commence at the southwest corner of Lot 1, Block 1 of said St. Francis Medical Campus: thence N
02'45'46" W 188.33 feet along the west line of said Lot 1 to the point of beginning; continue
thence N 02'45'46" W olong said west line 36.67 feet; thence N $7'18'54" E 255.04 feat;
thence N 02'41'06" W 545.00 feet; thence N 87"!8'54" E 422.00 fe8t; thence N
02'41'06" W 115.00 feet; thence N 87'18'54" E 422.53 feet to the west line of Lot 6: thence
S 02'41'06" E along the west lino of said lot 6 20.00 feet; thence S 87'18'54" W 261.61 feet;
thence S 02'41'06" E 21.47 feet; thence S 87'18'54" W 20.00 feet; thence N 02'41'06" W 21.47 feet;
thence S 87'18'54" W 120.92 feet; thence S 02'41'06" E 160.20 feet; thence S 87"18'54" W 20.00 feet;
thence N 02'41'06"W 45.20 feet; thence S 87'18'54" W 402.00 feet; thence S 02'41'08" £ 165.47 feet;
thence N 87'18'54" E 75,95 feat; thence 5 02'41'06" E 20.00 feet; thence S 87'18'54" W 75.95 feet;
thence S 02'41'06" E 339.53 feet; thence N 87'16'54" E 112.04 feet; thence N 02'41'06" W 43.83 feet;
thence N 87'!8'54" E 20.00 feet; thence S 02'41'06" E 43.83 feet; thence N 87'18'54" E 178.98 feet;
thence N 64'28'54" E 146.89 feat; thence N87'18'54" E 148.80 feet; thence N 02'41'06" W 219.00 feet;
thence S 87'18'54" W 45.20 feet; thence N 02'41'06" W 20.00 feet; thence N 87'18'54" E 292.58 feet
o the west line of Lot 7; #hence S 02'41'06" E 14.59 feat along the west iine of said Lot 7 to the
southwest corner of said Lot 7; thence N 87'18'54" E 110.00 feet along the south iine of said Lot 7
to the southeast comer of said Lot 7 and the east line of Lot 4; thence S 02'41'06" E 5.41 feet
along the east iine of lot 4; thence S 87"18'54" W 337.3$ feet; thence S 02'41'06" E 239.00 fast;
thence S 87'18'54" W 138.30 feet; thence S 02'41'08" E 14.03 feet thence S 87'18'54"
W 20.00 feet; thence N 02`41'06" W 14.03 feet; thence S 87'1$'54" W 6.46 feet; thence S
64'28'54" W 146.89 fee#; thence S 87"18'54" W 572.79 feet; thence S 02'41'06" E
16.67 feet thence S 87'18'54" W 15.22 feet to the west iine of Lot 1 and the point of beginning
~, and there terminating.
M1:01430b9.07 (Wetemtain Easement)
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The undersigned, as lessee under the South Valley Medical Center Land Lease
dated f~c,~.~,oc ~~ ~1q5, by and between the undersigned and St. Francis Regional Medical
Center, a memorandum of which was recorded ,~, ~ 6 in the Office of the
Scott County Recorder, Scott County, Minnesota, as Qoc ent No. ~~'kab3 relating to
certain real property more particularly described in the lease, does hereby join in the execution
of the Watermain Easement and Agreement attached hereto {the "Easement"} for the purpose
of evidencing its consent thereto and recognising that its leasehold interest is subject to the
Easement and the interests created therein.
Dated: July ~, 1996
STATE OF MINNESOTA )
~ ) ss.
COUNTY OF e )
SOUTH VALLEY MEDICAL
BUILDING L.L.C.
sy: ~
Its:
The foregoing instrument was acknowledged before me this I ~ day of
I~l~ ,1996, by ~LhG~V ~~ ~QV the
MP.WI Ixf''' of South alley Medical Building L.L.C.,
Minnesota limited liability company, on behalf of the company.
OOi LYMN CAEMERS
lI~LiC-INIM~SOrA
OrMa~+pMrMJ~=t,fOOD
Public
ra~:ot4szte.os
~!3
CONSENT AND SUBORDINATION
The undersigned, as Mortgagee under that certain Combination Mortgage,
Security Agreement and Fixture Filing dated February 27, 1995, and recorded February 29,
1996, in the Office of the Scott County Retarder, Scott County, Minnesota as Document No.
367055 (the "Mortgage"), hereby consents to and subordinates the Mortgage to that certain
Watermain Easement and Agreement dated ~"~\~( t'~ _ ti~°tG to which this Consent and
Subordination is attached {the "Easement'}. ByBy exe~cuts'ng this Consent and Subordination,
the undersigned agrees that the Mortgage is fully subordinate to the Easement and that the
Easement shall have the same force and effect as if the Easement was made and placed of
record prior to the Mortgage.
.,./~!~
Dated: ,k~xe 1 ,1996
STATE OF MINNESOTA
COUNTY OF
} ss.
KRAUS-ANDERSON MORTGAGE
COMPANY
By:
Its: ' ~ ^ ~ a~ ~'
The fore a'
g uig instrument was acknowledged b•e-~re me this ~ day of
l 996, by B Qut a ~- ~ 1J bi~Sir>!he _ (~,. ~ .
o CRA -ANDERSON MORTGAGE COMPANY, a corporation under the Laws of
Minnesota, on behalf of the corporation.
M1:O13I713.01
dAlVICE R ~i0E8E~
Naru~rP~wc-I~t~
NENNEP~I OO~I1Y
wcxr~..~1r,~aao
CON5EN'T AND SUBORDINATION
The undersigned, as Mortgagee under that certain Mortgage and Security
Agreement and Fixture Financing Statement dated January 31, 1496, and recorded
February 9 , 1996, in the OfI`ice of the Scott County Recorder, Scott County, Minnesota as
Document No. 366211 (the "Mortgage', hereby consents to and subordinates the
Mortgage to that certain Watermain Easement and Agreement dated J'„l.- ~~! ~'i~tb ~ a
copy of which is attached hereto (the "Easement"). By executing this ConTsent and
Subordination, the undersigned agrees that the Mortgage is fully subordinate to the Easement
and that the Basement shall have the same force and effect as if the Easement was made and
placed of record prior to the Mortgage.
Dated: July ~ ]996 MILLER & SCHROEDER INVESTMENTS
CORPORATION
By:
Its: ,
Doa.~'$b90 I~,So
oFrxca oe~ ~,~ coutrrr xacoacPS
sco1T w~rY. KxEas~soTa
G `ti! d Fi1.A end as xeCOCd~d an
'I ~ .i~C..f111.
ut-tY Wca
~ duty
STATE OF MINNESOTA )
) ss: X ~..
COUNTY of ~EN,v~r'iN ) ~„n '
. T"'°"~
The foregoing instru~~ J~ was acknowledged before me this l~ day of
C~li?~-~j _, 1996, by_ ~~? ~ ~-n the
~~ ~,'a f~~~ ~~~c_,F'KS~~n ~ of Miller & Schroeder Investments
Corporation, a Minnesota corporation, on behalf of the corporation.
.~ .~w-r~.~_
Notary Public
A~
M1:D]{11]9.03
~NiB/r B
AMENDMENT TO
WATERMAIN EASEMENT AND AGREEMENT
This Amendment to Watermain Easement and Agreement (this "Amendment") is entered into
by and between ST. FRANCIS REGIONAL MEDICAL CENTER, a Minnesota non-profit
corporation ("SFRMC"), ST. GERTRUDE'S HEALTH CENTER, a Minnesota non-profit
corporation ("SGHC"), PARK NICOLLET CLINIC, a Minnesota non-profit corporation ("PNC"),
the SHAKOPEE PUBLIC UTILITIES COMMIS SIGN, a Minnesota Municipal Utility Commission
("SPUC"), and the CITY OF SHAKOPEE, a municipal corporation and political subdivision (the
"City").
RECITALS
A. 5FRMC, SGHC, PNC, SPUC and the City, or their respective predecessors in interest, as the
case may be, are parties to a Watermain Easement and Agreement dated 3uly 17, 1996 (the
"Original Easement"), which agreement was recorded in the Office of the Scott County
Recorder on , 1996 as Document No. 375690.
B. The Original Easement conveys certain rights to SPUC and the City, including a non-
exclusive easement in favor of the City for water main purposes over an across certain land
owned by the Owners (as defined in the Original Easement) and legally described in Exhibit
B to the Original Easement (the "Original Easement Location").
C. The Original Easement allows any Owner to relocate .that portion of the Easement Area
(including the Watermain within said area) crossing the property of said Owner in
accordance with Section 4 of the Original Easement.
D. Due to various construction projects occurring on the property of the various Owners, the
Owners, SPUC and the City have agreed to relocate the Easement Area (and the Watermain
within said area).
E. The Original Easement requires the approval of SPUC prior to any relocation, and SPUC has
approved the relocation of the Easement Area.
$Z
F. The purpose of this Easement Amendment is to provide recordable evidence of the relocation
of the Easement Area and the Watermain by amending Exhibit B of the Easement
Agreement, as provided in Section 4(f) of the Original Easement.
NOW, THEREFORE, the parties agree as follows:
The recitals above are true and correct and are included as a part of the agreement of
the parties.
2. Capitalized terms that are not defined in this Amendment have the meanings given to
them in the Original Easement.
3 . Exhibit B of the Original Easement is amended by substituting Exhibit B attached to
this Amendment.
4. The Easement is terminated as to those portions of the Original Easement Location
which no longer include any portion of the Watermain.
2
~3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this
_ day of , 2010.
ST. FRANCIS REGIONAL MEDICAL
CENTER
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of September, 2010,
by the of ST. FRANCIS REGIONAL MEDICAL
CENTER, a Minnesota non-profit corporation, on behalf of the corporation.
Notary Public
3
84
ST. GERTRUDE' S HEALTH CENTER
By: _
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of September, 2010,
by the of ST. GERTRUDE'S HEALTH
CENTER, a Minnesota non-profit corporation, on behalf of the corporation.
Notary Public
4
~5
PARK NICOLLET CLINIC
By: _
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of September, 2010,
by the of PARK NICOLLET CLINIC, a
Minnesota non-profit Corporation, on behalf of the corporation.
Notary Public
5
~~
SHAKOPEE PUBLIC UTILITIES
COMMISSION
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of September, 2010,
by the of SI-IAKOPEE PUBLIC UTILITIES
COMMISSION, a Minnesota Municipal Utility Commission, on behalf of the commission.
Notary Public
6
B~
CITY OF SHAKOPEE
By: _
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF )
by
The foregoing instrument was acknowledged before me this day of September, 2010,
the of CITY OF SHAKOPEE, a municipal
corporation and political subdivision, on behalf of the municipal corporation.
Notary Public
This instrument was drafted by:
Fryberger, Buchanan, Smith & Frederick, P.A.
700 Lonsdale Building
302 West Superior Street
Duluth, Minnesota 55802
(218) 722-0861
MBMI
M:~DOCS\17815\OOOOOOWGM\OZ0995.DOC
7