HomeMy WebLinkAbout1998-248RESOLUTION NO. 98-248
A RESOLUTION AUTHORIZING SALE OF LAND,
APPROVING FORM OF DEED AND EASEMENT AGREEMENT
AND AUTHORIZING MAYOR, CITY CLERK AND CITY STAFF
TO EFFECTUATE CLOSING
1. The City is the owner of property described in the attached Deed that was initially
purchased by the City and held for redevelopment and reconveyance to Colonial Craft pursuant
to a Redevelopment Agreement entered into between Colonial Craft and the City.
2. That after Colonial Craft requested recission of the Redevelopment Agreement
because of changes in a business cycle, the City negotiated for a sale of the redevelopment
property to Lakeview Memorial Hospital Association, Inc., a Minnesota nonprofit corporation,
for the sum of six hundred fifty thousand and no/100 dollars ($650,000.00); and
Wherefore, in order to consummate the sale, it is necessary for the City to approve an
Easement Agreement with regard to drainage ponds and to approve a form of deed and authorize
the Mayor and City Clerk together with the appropriate City staff to facilitate the closing.
NOW, THEREFORE, BE IT RESOLVED, that the Easement Agreement attached as
Exhibit "A" and the form of deed attached as Exhibit "B" are hereby approved and the Mayor and
City Clerk and the appropriate City staff are authorized to conduct the closing and to execute any
other required documents.
Enacted by the City Council of the City of Stillwater this 22ndday of September, 1998.
CITY OF STILLWATER
r.
ay i 1 ayor
ATTEST:
Mori eldon, Clerk
EASEMENT AGREEMENT
THIS AGREEMENT made the day of , 19 ,between
the City of Stillwater, a Home Rule City of the third class and Minnesota Municipal Corporation
(City), Midwest Professional Properties, L.L.C., a Minnesota Limited Liability Company
(Midwest), and Lakeview Memorial Hospital Association, Inc., a Minnesota non-prof t
corporation (Lakeview):
A. The City is the fee owner of property within the City being held for conveyance to
Lakeview pursuant to a Purchase Agreement dated Mazch 10, 1998, legally
described in Exhibit "A" (the City Benefitted Property) over which it will reserve
a Drainage and Storm Water Pond easement (Exhibit A-1) (City Easement).
B. Lakeview is the fee owner of property within the City, legally described m
Exhibit "B" (the Lakeview Benefitted Property) over which it will dedicate to the
City a Drainage and Storm Water Pond easement (Exhibit B-1).
C. Midwest is the fee owner of property within the City, legally described in Exhibit
"C" (the Midwest Benefitted Property) over which it will dedicate to the City a
Drainage and Storm Water Pond easement (Midwest Easement) (Exhibit C-1).
D. As a condition to its approval of the development and proposed development of
all of the Benefitted Property described in Exhibits (A} through (C) (Collectively
the Benefitted Property), the City has requested the parties to grant easements to
the City for Drainage and Storm Water Pond purposes over a portion of each
Benefitted Property for the purpose of collecting runoff of surface water from the
Benefitted Property and the deposit of the surface water in a retention pond
located on the Benefitted Property (the Storm Water System).
EXHIBIT "A'i (Page 1 of 13)
E. The parties desire to set forth their agreement with respect to the construction
costs and (i) costs of maintaining the Storm Water System.
NOW, THEREFORE, in consideration of one and no/100 dollars ($1.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
"Maintenance" of the Facility means the periodic dredging of the silt buildup in
the Storm Water System as necessary to maintain the System, as required by the
City for storm water quality treatment and to maintain the proper operation of the
treatment function of the System.
2. Midwest hereby dedicates to the City the Drainage and Storm Water Ponding
easement described in Exhibit C-1. Lakeview hereby dedicates to the City the
Drainage and Storm Water Ponding easement described in Exhibit B-l. Both
easements are perpetual and will run with and bind the land.
3. The City will reserve the utility easement described in Exhibit A-1 when the
property described in Exhibit "A" is conveyed to Lakeview.
4. Midwest was responsible for the initial construction of the Facility within the
Easement Area and has received contributions from the other parties to this
Agreement on the following basis:
A. City 41
B. Lakeview 53% (after the conveyance of the land described in Exhibit "A"
to Lakeview, the share of Lakeview will be 94%)
C. Midwest 6%
S. The City will be responsible for the reasonable maintenance of the Storm Water
Facility, but the costs reasonably incurred by the City for doing the maintenance
must be reimbursed to the City by the owners of the Benefitted Property,
according to the percentages set forth in paragraph 3. Amounts remaining unpaid
after thirty (30} days notice of amounts due may be certified by the City to the
County Auditor for collection with the real estate taxes of each of the Benefitted
Properties.
6. If the City certifies maintenance costs to the County Auditor for collection with
the real estate taxes, the owners of the Benefitted Property, for themselves and
their successors and assigns, hereby waive any statutory right which they may
have to contest the assessment.
EXHIBIT "A~ (Page 2 of 13)
7. The terms and conditions of this Agreement are binding upon, and shall inure to
the benefit of, the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the day and year first above written.
CITY OF STILLWATER
Jay L. Kimble, Its Mayor
ATTEST:
Morli Weldon, Its Clerk
MIDWEST PROFESSIONAL CORPORATION,
L.L.C., a Minnesota Limited Liability Corporation
By
Its
LAKEVIEW MEMORIAL HOSPITAL
ASSOCIATION, INC., a Minnesota non-profit
Corporation
sy
Its
EXHIBIT "A~ (Page 3 of 13)
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
The undersigned, being the duly qualified and appointed City Clerk of the City of
Stillwater, Minnesota, certifies that I compared the foregoing Resolution adopted at a meeting of
the Stillwater City Council on , 19_, with the original thereof on file
in my office, and the same is a correct transcript thereof
WITNESS my hand officially as such City Clerk and the corporate seal of the City this
-day of , 19
Morli Weldon, City Clerk
THIS INSTRUMENT DRAFTED BY:
David T. Magnuson (#66400)
Stillwater City Attorney
Magnuson Law Firm
333 North Main Street
Suite 202
P.O. Box 438
Stillwater, MN 55082
-_ 651/439-9464
EXHIBIT "A'`}(Page 4 of 13)
EXHIBIT "A"
Lots I, 2, 3, and the East 157.30 feet of Lot 4, Block One, PRIME SITE SUBDIVISION,
according to the plat thereof on file and of record in the offce of the County Recorder, Washington
County, Minnesota. Containing 324977 square feet, more or less, subject to easements of record.
EXHIB~~~~I(~a~~5 of 13)
EXHIBIT "A-1"
Draina;e and Storm Water Pondina Easement for the Darcel described in EXHIBIT "A"~
.a drainage and storm water ponding easement over, under and across all that part of Lot 1,
and all that part of the East l5 7.30 feet of Lot 4, all in Block One, PRIi~tE SITE SUBDIVISION,
according to the recorded plat thereof on file and of record in the office of the County Recorder,
`Vashington County, Minnesota, lying southerly of the following described lines, to wit:
Commencing at the southwesterly corner of said East 157.30 feet of Lot 4; thence North O 1
degree OS minutes 42 seconds West, assumed bearing. alon; the westerly line of said East 157.30
feet, a distance of 87.45 feet to the point of besinning of the line being described; thence North 53
degrees 13 minutes 53 seconds East, along said line being described, 64.20 feet; the:~ce North 88
degrees 47 minutes Z 1 seconds East, along said line being described, 105.15 feet; thence South $8
degrees O1 minutes I6 seconds East, along said line bein, described, 175.76 feet; thence North 67
degrees 39 minutes 22 seconds East, along said line being described, 116.41 feet, more or less, to
the easterly Iine of said Lot I, and the end of the Iine bein? described.
The above described easement contains 5064 square feet, more or less.
Subject to and together with any other valid easements, reservations or restrictions.
EXHIBI~i,~i~'a~el6' of 13)
EXHIBIT "B"
That part of the lrsst Seven Hundred Sevr:nty-eight and
Thirty hundredths (77$,30) feet of Outlot I3 of STILiWAfiEc~
IiVI)USTRIAL PARK, according to the plat on fii~~ in the office
of the County Recorder, Was~ington County, ttinnesota ?ying
Westerly of the folloc~ing describes iinQ
Coerrmencing at the r,orttteast corner of sa!.c1 Uutlot ~;
thence North 89°30'il" hest, beaz-ing oriented to said plat,
along the Werth line of said Out? oc B a distance of One
Hundred Sixty-nine and ninety Hundredths (1Gs3,~0) PeeC to
cite west line of the Last Gne hundred 5txty-ni:,e and Eigi~ty-
three Hundredths (Z69.8C) Sect. o. said Outiot B artd the point
oP beginning u>: the line to be descrit~ec? • tl~e:~c:: South Oi.°OS'
42" East along said west Izne Three I+undred 't"wenty-nine and
Seventy-one t;undredr.hs (329. Ii) Fee;.; thence South 88°54'18"
Wes e. one Ftundred Thirty-eight aad '2.`~rer,ty-five H:.tndredths
(138.25) feet to the west Sine of the East Three Hur,drad
Eigi-:t and tight NunJredths (308.0&) feet of saic? OuClot B;
thence South Ol°05'42" Last nlczg said west 1+_t,~ Four Hundred
Ninety-seven (497.QC) feet to the sou~herly Iitte of said Out-
lot $ and said sine there ter,;:irar_e, containing 405 ~3~ square
feet,more or less.
EXHI$~~($xg;'~7 of 13)
EXHIBIT "B-1"
Lakeview Hospital Benefited Property
Drainage and Storm dater Ponding Easement for the parcel described in E~IlBIT "B":
A drainage and storm water ponding easement over, under and across all that part of the East
778.;0 feet of Outlot B of STILLWATER IIVDC,'STRL~I. PARK, according to the Mat on file
and of record in the office of the County Recorder, Washington County, Minnesota, described as
follows, to wit: v
Commencing at the southwesterly corner of said East 778.30 feet of Outlot B, thence North
O 1 de?ree OS minutes 42 seconds West, assumed bearing, along the westerly line of said East
778.3 0 feet, a distance of 241.71 feet to the point of beginning of the easement being described;
thence South 70 degrees 23 minutes 50 seconds East 41.18 feet; thence North 89 degrees 29
minutes 06 seconds East 107.37 feet; thence North OI degree 00 minutes 02 seconds West
27~ .91 feet; thence South 85 degrees 37 minutes 46 seconds West 117.55 feet; thence South 67
degrees 39 minutes 22 seconds West 31.10 feet, more or less, to said westerly line of the East
773.30 feet of Outlot B; thence South O l degree OS minutes =12 seconds East along said westerly
line 12.30 feet, more or less, to the point of beginninv. _
The above described easement contains 39186 square feet, more or less.
Subject to ;ind to;ether with any other valid easements, reservations or restrictio;~s.
EXHffiXFI`I~i~P~e18 of 13)
E~ffIIIBIT "C"
Lot 7, Block One, PRIME SITE SUBDNISION
EXHIBt'~~B{~ag~e~9 of 13)
EXHIBIT "C-1"
Midwest Benefited Prooert~-
Drainage and Storm Water Pondina Easement for the parcel described in EXHIBIT "C":
drainage and storm water ponding easement over, under and across all that part of Lot 7,
Block One, PRIME SITE SUBDIVISION, Washington County Minnesota, lying northeasterly of
the following described line to wit
Commencing at the southeasterly corner of said Loi 7, Block One, PRl~irfE SITE
SUBDIVISION, thence North O1 degree 0~ minutes 42 seconds West, assumed bearing, along
the easterly line thereof, 241.71 feet to the point of beginning of the line being descr?bed; thence
itiot-th 70 degrees 23 minutes 50 seconds West, along said line being described, 31.49 feet; thence
North 40 degrees 13 minutes 31 seconds West, along said line being described, 52.28 feet; thence
Nosh 10 degrees 25 minutes 19 seconds West, along said line being described, X3.18 feet, more
or less, to the northerly line of said Lot 7, and the end of the line being described.
Tl:e above described easement contains 5724 square feet, more or less.
Subject to and together with any other valid easements, reservations or restrictions.
Also
Ar. easement for drainage and utility easement purposes only, over under and across the North
1 ~.GO feet of the West 100.00 feet of Lot 7, Block One, PRIME SITE SUBDIVISION,
ti~"as'rungton County, Minnesota.
The above described easement contains 1 X04 square feet, more or less.
Subject to and together with any other valid easements, reservations or restrictions.
Desc-iptions Prepared Bv~
Stack Land Surveying
9096 ~iorth Fairy Falls Road
StilI~.vater, MN >j082
(612 } X39-5630
I hereby certify chat this surrey, plan ar report was
prepared by me or under my direct supervision and
that I am a duly Registered Land Surveyor under
the L~ygs of the Stag o~i~finnesota. ~~~ ~ i1
Dale 3 -i0 -~~ Re;. No. /377
EXHTBXFI`i~~P~e11'~ of 13)
EI~iIBIT "D"
All that part of Lot 4, Block One, PRIME SITE SUBDIVISION, according to the plat thereof
on file and of record in the office of the County Recorder, Washington County, Minnesota, lying westerly
of the East 157.30 feet of said Lot 4. Containing 55665 square feet, more or less, subject to easements
of record.
EXHIB~~~'a~~71 of 13)
Sheet 1, EXHIBIT "E"
EXHIBIT "E"
City of Stillwater Benefited Property
Drainage and Storm Water Pondina Easement for the parcel described in EXHIBIT "A"~
A drainage and storm water ponding easement over, under and across all that part of Lot 1,
and all that part of the East 157.30 feet of Lot 4, all in Block One, PRIME SITE SUBDIVISION,
according to the recorded plat thereof on file and of record in the office of the County Recorder,
Washington County, Minnesota, lying southerly of the following described lines, to wit:
Commencing at the southwesterly corner of said East 157.30 feet of Lot 4; thenc e North 01
degree OS minutes 42 seconds West, assumed bearing, along the westerly line of sair'. East 157.30
feet, a distance of 87.45 feet to the point of beginning of the line being described; th:~nce North 53
degrees 13 minutes 53 seconds East, along said line being described, 64.20 feet; thence North 88
degrees 47 minutes 21 seconds East, along said line being described, 105.15 feet; thence South 88
degrees O1 minutes 16 seconds East, along said line being described, 175.76 feet; thence North 67
degrees 39 minutes 22 seconds East, along said line being described, 116.41 feet, more or less, to
the easterly line of said Lot 1, and the end of the line being described.
The above described easement contains 50264 square feet, more or less.
Subject to and together with any other valid easements, reservations or restrictions.
Lakeview Hospital Benefited Property
Drainage and Storm Water PondingEasement for the parcel described in EXHIBIT "B":
A drainage and storm water ponding easement over, under and across all that part of the East
778.30 feet of Outlot B of STILLWATER INDUSTRIAL PARK, according to the >lat on file
and of record in the office of the County Recorder, Washington County, Minnesota, described as
follows, to wit:
Commencing at the southwesterly corner of said East 778,30 feet of Outlot B, thence North
01 degree OS minutes 42 seconds West, assumed bearing, along the westerly line of said East
778.30 feet, a distance of 241.71 feet to the point of beginning of the easement being described;
thence South 70 degrees 23 minutes 50 seconds East 41.18 feet; thence North 89 degrees 29
minutes 06 seconds East 107.37 feet; thence North O1 degree 00 minutes 02 seconds West
275.94 feet; thence South 85 degrees 37 minutes 46 seconds West 117,55 feet; thence South 67
degrees 39 minutes 22 seconds West 31.10 feet, more or less, to said westerly line of the East
778.30 feet of Outlot B; thence South O1 degree OS minutes 42 seconds East along said westerly
line 242.30 feet, more or less, to the point of beginning.
The above 3escribed easement contains 3918b square feet, more or less.
Subject to ;md together with any other valid easements, reservations or restrictio~~s.
EXHIBIT "A" (Page 12 of 13)
Sheet 2, EXHIBIT "E"
Midwest Benefited Property
Drainage and Storm Water Ponding Easement for the parcel described in EXHIBIT "C"
A drainage and storm water Ponding easement over, under and across all that part of Lot 7,
Block One, PRIME SITE SUBDMSION, Washington County Minnesota, lying northeasterly of
the following described line to wit:
Commencing at the southeasterly corner of said Lot 7, Block One, PRIl~fE SITE
SUBDIVISION, thence North 01 degree OS minutes 42 seconds West, assumed bearing, along
the easterly line thereof, 241.71 feet to the point of beginning of the line being described; thence
North 70 degrees 23 minutes 50 seconds West, along said line being described, 31.49 feet; thence
North 40 degrees 13 minutes 31 seconds West, along said line being described, 52.28 feet; thence
North 10 degrees 25 minutes 19 seconds West, along said line being described, 53.18 feet, more
or Iess, to the northerly line of said Lot 7, and the end of the Line being described.
The above described easement contains 5724 square feet, more or Iess.
Subject to and together with any other valid easements, reservations or restrictions.
Also
An easement for drainage and utility easement purposes only, over under and across the North
15.00 feet of the West 100.00 feet of Lot 7, Block One, PRIME SITE SUBDIVISION,
Washington County, Minnesota.
The above described easement contains 1504 square feet, more or less.
Subject to and together with any other valid easements, reservations or restriction.
Descrintions_P_repared Bv:
Stack Land SUrveyirig I hereby certify that this survey, plan or report was
prepared by me or under my direct supervision and
9090 North Fairy Falls Road that I am a duly Registered Land Surveyor under
Stillwater, MN $ $082 the L of the Stat o ~esota.
(612)439-5630
Date 3 -/o -fig Reg. No. /3 77
EXHIBIT "A" (Page 13 of 13)
No delinquent taxes and transfer
entered; Certificate of Real Estate
Value ()filed ()not required
Certificate of Real Estate
Value No.
19_
County Auditor
by.
Deputy
STATE DEED TAX DUE
HEREON:$
Date: , 1998
WARRANTY DEED
FOR VALUABLE CONSIDERATION, the City of Stillwater, Grantor, a municipal corporation under
the laws of Minnesota hereby conveys and warrants to Lakeview Memorial Hospital, Inc., Grantees, a
nonprofit corporation under the laws of Minnesota, real property in Washington County, Minnesota,
described as follows:
Lots 1, 2, 3 and the east 157.30 feet of Lot 4, all in Block One, Prime Site Subdivision, according
to the plat thereof.
Seller knows of no wells located on the real property.
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Affix Deed Tax Stamp Here CITY OF STILLWATER
Jay L. Kimble, Mayor
Morli Weldon, Clerk
EXHIBIT "B" (Page 1 of 2)
"'
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of 19_, by
Jav L. Kimble and Morli Weldon Mavor and Clerk of the Citv of Stillwater, Grantor.
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
SIGNATURE OF PERSON TAKING
ACKNOWLEDGMENT
Tax Statements for the real property described in this instrument should be sent to:
Lakeview Memorial Hospital, Inc.
919 West Anderson Street
Stillwater, Minnesota 550$2
THIS INSTRUMENT WAS DRAFTED BY:
David T. Magnuson (#6640U)
Magnuson Law Firm
333 North Main Street
Suite 202
P.O. Box 438
Stillwater, MN 55082
651/439-9464
EXHIBIT "B" (Page 2 of 2)