HomeMy WebLinkAbout4.B.1. Approve Second Amendment to Watermain Easement Agreement with St Gertrude's Expansion Project . y. �,. l.
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CITY OF SI3AKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
� FROM: Bruce Loney, Public Works Director
SUBJECT: Approval of Second Amendment to Watermain Easement Agreement with
St. Gertrude's Expansion Project
DATE: March 6, 2012
INTRODUCTION:
Attached is a Second Amendment to Watermain Easement and Agreement for Council
approval which is required due to the recently completed expansion plan for St.
Gertrude's Health Center. � •
BACKGROUND:
Previously, a Watermain Easement and Agreement was approved and executed by the
City of Shakopee along with St. Francis Regional Medical Center, St. Gertrude's Health
Center, Park Nicollet Clinic and Shakopee Public Utilities Commission in July 17, 1996.
A First Amendment to the original agreement was done on October 4, 2010.
During construction, a field change was made that necessitates a relocation revision in the
easement's legal description. SPUC has already received and approved the Second
Amendment to the Watermain Easement and Agreement.
ALTERNATIVES:
1. Authorize the appropriate City officials to execute a Second Amendment to
Watermain Easement and Agreement. �
2. Do not authorize the Extension Agreement.
3. Table for more information.
RECOMMENDATION: '
Staff would recommend Alternatives No. 1, authorize the appropriate City
officials to execute a Second Amendment to Watermain Easement and
Agreement.
ACTION REQUESTED:
Authorize the appropriate City officials to execute a Second Amendment to
Watermain Easement and Agreement with St. Gertrude's Health Center
Expansion Project.
ruce Loney, P. .
Public Works Director
ENGRl2012-PROJECTSl2012-COUNCIUSECOND AMENDMENT WATERMAIN EASE[vIENT ST. GERTRUDE'S
SHAKOPEE PUBLIC UTILITIES
MEMORANDUM
TO: John Crooks, Utilities Manager
FROM: Joseph D. Adams, Planning & Engineering Director
SUBJECT: Second Amendment to Watermain Easement Agreement
(St. Gertrude's Expansion Project)
DATE: February 15, 2012
ISSUE �
A second amendment to the existing Watermain Easement and Agreement is required at this time due
to field changes that occurred during the recently completed expansion plan for St. Gertrude's Health
Center and previous projects.
BACKGROUND
The Commission is a party to a Watermain Easement and Agreement dated July 17, 1996 with St.
Francis Regional Medical Center, Health Dimensions, Inc., Park Nicollet Clinic and the City of
Shakopee. '
, The existing agreement provides for watermain and easement relocations when requested by the
property owner, at the property owner's expense, subject to SPUC approval. All watermain
relocations have been approved by the Utilities Manager and this amendment is necessary to adjust the
easement over the new watermain locations.
DISCUSSION
The Commission previously approved Resolution #973 dated October 4, 2010 A Resolution '
Approving an Amendment to the Watermain Easement and Agreement dated 17 July, 1996. This first
amendment was based on legal descriptions consistent with approved construction plans to relocate a
portion of the watermain to accommodate St. Gertrude's expansion plans. Subsequently, during
construction, a field change was made with staff's approval that necessitates a revision in the amended
easement's legal description. The field change was to eliminate an area of extra depth to the
watermain for a future underground tunnel connection from St. Gertrude's to a future parking
structure. Staff was told there was no need for the extra depth since the tunnel has been eliminated in
the hospital's campus master plan.
RECOMMENDATION
Staff recommends the Commission approve the attached Second Amendment to the Watermain
Easement and Agreement and submits Resolution #1013 A Resolution Approving a Second
Amendment to the Watermain Easement and Agreement dated 17 July, 1996 for adoption.
REQUESTED ACTION
Staff requests the Commission adopt Resolution #1013 A Resolution Approving a Second Amendment
to the Watermain Easement and Agreement dated 17 July, 1996.
SECOND AMENDMENT TO
�VATERNIAIN EASEMENT AND AG.REEMENT
This Second Amendment to Watermain Easement and Agreement (this "Second
Amendment") is entered into by and beriveen ST. FRANCIS REGIONAL MEDICAL CENTER, a
Minnesota non-profit corporation ("SFRMC"), ST. GERTRUDE'S HEALTH CENTER, a
Minnesota non-profit corporation ("SGHC"), PARKNICOLLET CLINIC, a Minnesota non-profit
corporation ("PNC"), the SHAKOPEE PUBLIC UTILITIES COMMISSION, a Minnesota
Municipal Utility Commission ("SPUC"), and the CITY OF SHAKOPEE, a municipal corporation
and political subdivision (the "City").
RECITALS
A. SFRMC, 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 July 17, 1996 (the
"Original Easement"), which agreement was recorded in the Office of the Scott County
Recorder on July 18, 1996 as Document No. 375690.
B. The Original Easement was amended by an Amendment to Watermain Easement and
Agreement dated September 28, 2010 and recorded in the Office of the Scott County
Recorder on September 30, 2010 as Document No. 863496 (the "First Amendment"). The
Original Easement, as amended by the First Amendment, is sometimes referred to herein as
the "Easement A;reement."
C. The Easement Agreement conveys certain rights to SPUC and the City, including a non-
exclusive easement in favor ofthe City for water main purposes over and across certain land
owned by the Owners and legally described in E�chibit B to the Easement Ab eement (the
. "Current Easement Location").
D. T'he Easement Agreement 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 Easement Agreement.
E. Due to various construction projects occuming on the property of the various O��+ners, the
O�vners, SPUC and the City have agreed to relocate the Easement Area (and the Watermain �
�vithin said area).
F. The Easement Agreement requires the approval of SPUC prior to any relocation, and SPUC
has approved the relocation of the Easement Area. .
G. The purpose of this Second 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( fl of the Easement Agreement.
NOW, THEREFORE, the parties agree as follo�vs:
1. The recitals above are true and correct and are included as a part ofthe a�eement of
the parties.
2. Capitalized terms that are not defined in this Second Amendment have the meanings
given to them in the Easement Agreement.
3. Exhibit B ofthe Easement Agreement is amended by substituting Exhibit B attached
to this Second Amendment.
4. The Easement is terminated as to those portions of the Current Easement Location
which no longer include any portion of the Watermain.
2 .
TN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
e.cecuted this _� day of � , 201� �
ST. FR.ANCIS REGIONAL MEDICAL
CENTER
By:
. rts: � �
STATE OF MINNESOTA )
) ss.
COUNTY OF s� )
� The �'oregging instrument was ackn�ledge before me this �j day of �
201 b�7�(i�-'2�ur G-c.-�ic.+� the ,�e�,' of ST. FRANCIS REGION
MEDICAL CENTER, Minnesota non-profit corporation, on befialf of the corporation.
�� `��.��
Not Public
■ '
�� e �y�
��� #� JUDITH A. SCHULTE
- �� NOTARY PUBUC•MINNESOTA
����; ..' My Commission Expires Jan. 31. 2015
r �
3 .
ST. GERTRUDE'S HEALTH CENTER
By: <�� �a:�d.��,
Its: ��o//fd�r � i•, �
STATE OF MINNESOTA )
. ) ss.
COUNTY OF �� ) .
The foregoing instrumentD was cknowledged befor m his � day of
, 201�,. by �t�. ` the ��'s• z� - of ST.
GERTRUDE HEALTH CENTER, a Minnesota non-profit corporation, on behalf of the �
corporation.
�
No Public
. •
��"'�"`�'� JUDITH A. SCHULTE
•3,r•'
= :f� NOTARY PUBUGMINNESOTA
�"v My Cammission E�pires Jan. 31.2015
?,i��.
� s
4
. � : .
i -
:
� PARK NIC LLET CLINI
�
• - By: � �� _ `
Its: Y � U p �� � .
� �
STATE OF MINNESOTA ) ,
) ss. ' .
COUNTY OF �N��� N ) �
The foregoing instrument �vas acknowledged before me this � day of
� U�f�.(� 201�, by �n2Spi�l� the ��, '�e�.IES�ZL ofPARK
NICOLLET CLIN C, a Minnesota non-profit corporation, on behaif of the corporation.
"""�•- Christine G. Hjort
_��,�. `s= Notary Public _
:�.�,�,.:_- Minnesota a ic �
"��'1;;�;=�5' hiy Commiss'wn Ezpires Janu�ry 31, 2017
5
SHAKOPEE PUBLIC UTILITIES
COVIMISSION
�
By:
Its: Commiss' esi t
By ,. .
� � Its: i ties Manager
STATE OF MINNESOTA )
� 5S.
COUNTY OF Sc.c�- k )
The foregoing instrument was acknowledged before me this �;'� day of �-e(oruar��,
201�, by �i1\;ar+-+ P. rnRr� and Ja�r.� dZ . C.v�on��5 , the Commission
President and the Utilities Manager, respectively, of SHAKOPEE PUBLIC UTILITIES .
COMMISSION, a Minnesota Municipal Utility Commission, on behalf of the commission.
� - (Z�P — h�y--�C.�
Nota Public
' �, CYNTHIA RAE MENKE
�1o�en► Pt�bttc-nntnnesota
� MY ConxNasion E�kee Jen 31.2016
6
� CITY OF SHAKOPEE
By:
. Its: Mayor
STATE OF MINNESOTA ) �
) ss.
COLJNTY OF }
The foregoin; instrument was acknowledged before me this day of
, 201,1, by the Mayor of CITY OF SHAKOPEE, a -
municipal corporation and political subdivision, on behalf of the municipal corporation.
Notary Public
7 . .
CITY OF SHAKOPEE
By:
Its: City Administratar
STATE OF MINNESOTA )
) ss.
COUN?Y OF )
The foregoing instrument was acknowledged before me this day of
, 201�1., by the City Administrator of CITY OF
SHAKOPEE, a municipal corporation and political subdivision, on behalf of the municipal
corporation.
Notary Public
f
8
�
CITY OF SHAKOPEE
By:
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 201� by the City Clerk of CITY OF
SHAKOPEE, a municipal corporation and political subdivision, on behalf of the municipal
corporation.
Notary Public
, This instrument �vas drafted by:
Fryberger, Buchanan, Smith & Frederick, P.A.
700 Lonsdale Building
302 West Superior Street
Duluth, Minnesota 55802
(218) 722-0861
MBM1
9
EXIIIBIT B
WATERMAIN EASEMENT .DESCRIPTION
A 20.00 foot easement over, under and across that part of Block 1, ST. FRANCIS MEDICAL
CAMPUS, according to the recorded plat thereof, Scott County, Minnesota, the center line of said �
easement described as follows: commencing at the northeast corner of said Block 1; thence South 2
degrees 41 minutes 06 seconds East, assumed bearing, along the east line of said Block 1, a distance�
of 3�7 �6 feet to the point of beginning of the center line to be described; thence South 88 degrees
34 minutes 03 seconds West a distance of 70.65 feet to a point hereinafter referred to as Point "A";
thence South 1 degree 25 minutes 57 seconds East a distance of 25.86 feet; thence northerly to said
Point "A' ; thence South 88 degrees 34 minutes 03 seconds West a distance of 14.58 fe`et; thence _
South 87 degrees 2l minutes 14 seconds West a distance of208.90 feet; thence North 36 degrees 40
minutes 46 seconds West a distance of 83.20 feet to a point hereinafter referred to as Point "B' ;
thence North 53 degrees 19 minutes 14 seconds East a distance of 15.72 feet; thence southwesterly
to said Point "B"; thence North 36 degrees 40 minutes 46 seconds West a distance of 5.42 feet;
thence South 87 degrees 19 minutes 33 seconds West a distance of 22.33 feet; thence South 42
degrees 19 minutes 33 seconds West a distance of 9.90 feet; thence South 87 degrees 19 minutes 33 �
seconds West a distance of 15534 feet to a point hereinafter referred to as Point "C"; thence North 2
degrees 40 minutes 27 seconds West a distance of 15.90 feet; thence southerly to said Point "C";
thence South 87 degrees 19 minutes 33 seconds West a distance of 27.84 feet; thence North 47
deb ees 40 minutes 27 seconds West a distance of 9.67 feet; thence North 2 degrees 41 minutes 06
seconds West a distance of 110.31 feet; thence North 49 degrees 09 minutes 44 seconds West a
distance of 31.86 feet; thence South 87 degrees 22 minutes 42 seconds West a distance of 87.94 feet;
thence South 74 degrees 28 minutes 14 seconds West a distance of 5 l.71 feet to a point hereinafter
referred to as Point "D' ; thence South 15 degrees 31 minutes 46 seconds East a distance of 27.82
feet; thence northerly to �said Point "D' ; thence South 74 degrees 28 minutes 14 seconds West a .
distance of 2032 feet; thence South 43 degrees 46 minutes 55 seconds West a distance of 72.03 feet;
thence South 42 deb ees 11 minutes 12 seconds West a distance of 67.92 feet; thence South 54
, degrees 41 minutes 04 seconds West a distance of 67.92 feet; thence South 60 degrees 56 minutes 00
seconds West a distance of 30.66 feet to a point hereinafter referred to as Point "E"; thence South 29
degrees 04 minutes 00 seconds East a distance of 31.00 feet; thence northrvesterly to said Point "E"; �
thence South 60 degrees 56 minutes 00 seconds West a distance of 154.12 feet; thence South 26'
degrees 03 minutes 26 seconds West a distance of 20.28 feet to a point hereinaf�er referred to as
Point "F"; thence continuing South 26 degrees 03 minutes 26 seconds West a distance of45.21 feet;
thence South 2 degrees 38 minutes 07 seconds East a�distance of 126.95 feet to a point hereinafter
referred to as Point "G' ; thence North 87 degrees 21 minutes 53 seconds East a distance of 33.86
feet; thence �vesterLy to said Point "G"; thence South 2 degrees 38 minutes 07 seconds East a
distance of 214.49 feet; thence South 47 degrees 41 minutes 31 seconds East a distance of 28.78
feet; thence North 87 dea ees 17 minutes 02 seconds East a distance of 107.7] feet to a point
hereinafter referred to as Point "H"; thence South 2 degrees 42 minutes 58 seconds East a distance of
, 27.97 feet; thence northerly to said Point "H' ; thence North 87 degrees 17 minutes 02 seconds East a
distance of 13.15 feet; thence South 2 degrees 42 rninutes 58 seconds East a distance of 221.26 feet
to a point hereinafter referred to as Point "I"; thence North 87 degrees 53 minutes 54 seconds East a
- 10
distance of 132.69 feet to a point hereinafter referred to as Point "J"; thence North 2 degrees 06
minutes 06 secorids West a distance of 54.84 feet; thence southerly to said Point "J' ; thence North 87 "
degrees 53 minutes 54 seconds East a distance of 162.53 feet; thence North 65 degrees 28 minutes
24 seconds East a distance of 165.18 feet; thence North 87 degrees 20 minutes 46 seconds East a -.
distance of 27.63 feet to a point hereinafter referred to as Point "K"; thence South 2 degrees 39
minutes 14 seconds East a distance of 25.02 feet; thence northerly to said Point "K' ; thence North 87
degrees 20 minutes 46 seconds East a distance of 142.15 feet; thence North 2 degrees 39 minutes 14 �
seconds West a distance of 92.04 feet to a point hereinafter referred to as Point "L' ; thence South 87
degrees 20 minutes 46 seconds West a distance of 21.24 feet; thence easterly to said Point "L' ;
thence North 2 degrees 39 minutes 14 seconds West a distance of 14�.60 feet; thence South 87
degrees 20 minutes 03 seconds `Vest a distance of 59.49 feet; thence North 87 degrees 20 minutes 03
seconds East a distance of 402.73 feet to said east line of Block 1 and said center line there
terminating. The sidelines of said easement shall be prolonged or shortened to terminate at said east .
� line of Block 1.
Together with a 20.00 feet easement over, under and across said Block l, the center line of said
easement is described as beginnin� at said Poinf "F' ; thence North 63 degrees 13 minutes 46
seconds West a distance of 129.68 feet; thence South 86 degrees 16 minutes 03 seconds West a
distance of 32.39 feet to the west line of said Block 1 and said center line there terminating. The
sidelines of said easement shall be prolonged or shortened to terminate at•said west line of Block 1.
Together with a 20.00 feet easement over, under and across said Block 1, the center line of said
easement is described as beginning at said Point "I"; thence South 85� degrees 44 minutes 29 seconds �
West a distance of258.60 feeC to a point hereinafter referred to as Point "M"; thence South 1 degree
39 minutes 08 seconds East a distance of 18.70 feet; thence northerly to said Point "M"; thence
South 85 degrees 44 minutes 29 seconds West a d istance of 5.33 feet to said west line of B lock 1 and
said center line there terminating. The sidelines of said easement shall be prolonged or shortened to
� terminate said west line of Block 1. _
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