HomeMy WebLinkAbout2014-06-18 PACKET 04.F. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM # ��
DATE 6/18/14 • •
PREPARED BY: Community Development Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
**************************************:�**�*�****
COUNCIL ACTION REQUEST
Consider authorizing the First Amendment to Declaration of Covenants, Conditions,
Restrictions, and Reservations for Summit Ridge Two Company Property (Camels Hump
area).
STAFF RECOMMENDATION
Authorize the First Amendment to Declaration of Covenants for Summit Ridge Two Company
Property.
ADVISORY COMMISSION ACTION
DATE REVIEWED APPROVED DENIED
❑ PLANNING ❑ ❑ ❑
❑ PUBLIC SAFETY ❑ ❑ ❑
❑ PUBLIC WORKS ❑ ❑ ❑
❑ PARKS AND RECREATION ❑ ❑ 0
❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑
❑ ECONOMIC DEV. AUTHORITY ❑ ❑ �
❑ ❑ ❑ ❑
SUPPORTING DOCUMENTS
� MEMO/LETTER: Memo from John M. Burbank dated 6/11/14
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: First Amendment to Declaration of Covenants, Conditions, Restrictions, and
Reservations for Summit Ridge Two Company Property
ADMINISTRATOR'S COMMENTS
!
� /� �
^- City Administrator Date
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COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Cottage
� Grove
� Pride and P�OSperity Meet
TO: Honorable Mayor and City Council
Ryan Schroeder, City Administrator
FROM: John M. Burbank, Senior Planner
DATE: June 11, 2014
RE: First Amendment to Declaration of Covenants for Summit Ridge Two
Company Property
Background
The title company for Summit Ridge Two Company noted during a title examination that in
2002 when the City purchased the property described in Exhibit A-2 (east half of Camel's
Hump Scenic Overlook), the legal description of the pipeline easement (Exhibit B) was not
included with the recorded document.
The City has been asked to agree to the attached amendment correcting this mistake. The
City Attorney has reviewed the document and recommended that the City sign and record
the document.
Recorr�mendation ,
That the City Council authorize the First Amendment to Declaration of Covenants,
Conditions, Restrictions, and Reservations for Summit Ridge Two Company Property.
FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND RESERVATIONS FOR SUMMIT RIDGE TWO COMPANY
PROPERTY
This First Amendment to the Declaration of Covenants, Conditions, Restrictions and
Reservations for Summit Ridge Two Company Property ("Amendment") is made this day
of , 2014 by Summit Ridge Two Company, a Minnesota Coiporation
("Summit"), and consented to by Minnesota Pipeline Company, a Delaware limited partnership
("MPL"), and also consented to by the City of Cottage Grove, a Minnesota Municipal
Corporation ("City"). � �
I. RECITALS
A. The Declaration of Covenants, Conditions, Restrictions and Reservations for
Summit Ridge Two Company Propei�ty, executed by Summit, was recorded
March 12, 2001 as Doc.# 3146255 in the Washington County, Minnesota
Recorders Office. Said Declaration of Covenants, Conditions, Restrictions and
Reservations are applicable to the property described on Exhibit "A-1" (attached
hereto, the "Propei�ty").
B. MPL conveyed the Propei�ty to Summit by the Special Wai�ranty Deed recorded
March 12, 2001 as Doc.# 3146256 in the Washington County Minnesota
Recorders Office. Said Special Wai7anty Deed was subject to the above stated
Declaration of Covenants, Conditions, Restrictions and Reservations for Summit
Ridge Two Company Property.
C. Summit conveyed a portion of the Property, described on Exhibit "A-2" (attached
hereto) to City by the Wal�anty Deed dated May 22, 2002.
Page 1 of 9
D. MPL is the owner of an underground pipeline cui7ently used for the transport of
crude oil on that poi�tion of the Property depicted on Exhibit "A-3" (attached
hereto).
E. The Declaration of Covenants, Conditions, Restrictions and Reservations for
Summit Ridge Two Company Property was recorded without its Exhibit "B".
Said Exhibit was the description of the portion of the Property currently used by
MPL for its underground pipelines. Summit desires to amend the Declaration of
Covenants, Conditions, Restrictions and Reservations for Summit Ridge Two
Company Property to include the missing Exhibit.
F. In all other respects, all of the terms and conditions of the Declaration shall
remain in full force and effect.
NOW, THEREFORE, Summit declares that the Declaration of Covenants, Conditions,
Restrictions and Reservations for Summit Ridge Two Company Propei�ty is hereby amended to
include Exhibit "B" (attached hereto).
[Remainder ofpage zntentionally left blank; signatur•e pages to follow.J
Page 2 of 9
IN WITNESS WHEREOF, Summit has executed this Amendment as of the day and year first
above written.
SUMMIT RIDGE TWO COMPANY
By: Bradley R. Gonyea
Its: President
STATE OF MINNESOTA )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2014, by Bradley R. Gonyea, President of Summit Ridge Two Company, a
Minnesota Coiporation, on behalf of the corporation.
Notary Public �
Page 3 of 9
CONSENT:
IN WITNESS WHEREOF, City hereby consents to the foregoing First Amendment to
Declaration of Covenants, Conditions, Restrictions and Reservations for Summit Ridge Two
Company Property and to its filing in the Recorder's Office of Washington County, MN.
CITY OF COTTAGE GROVE
By:
Its:
STATE OF MINNESOTA )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2014, by , the of the City of
Cottage Grove, a Minnesota Municipal Corporation, on behalf of the corporation.
Notary Public
Page 4 of 9
CONSENT:
IN WIT'NESS WHEREOF, MPL hereby consents to the foregoing First Amendment to
Declaration of Covenants, Conditions, Restrictions and Reservations for Summit Ridge Two
Company Property and to its filing in the Recorder's Office of Washington County, MN.
MINNESOTA PIPELINE COMPANY
B
Its:
STATE OF )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2014, by , the of the Minnesota
Pipeline Company, a Delaware limited pai on behalf of the limited partnership.
Notary Public
DRAFTED BY:
Gonyea Land Company
211 River Ridge Circle South, Suite 100
Burnsville, MN 55337
Ph: 952-882-ll 12
Page 5 of 9
EXFIIBIT "A-1"
THE PROPERTY
The West 1/2 of the Northeast Quarter of the Southeast Quar in Section 7, Township 27,
Range 21, Washington County, Minnesota, except that part thereof described as follows:
Commencing at the point at which the centerline of Pullman Avenue of St. Paul Parlc, Minnesota,
extended Easterly intersects the Northeasterly line of the right of way of Old Highway 10 and 61;
thence Northwesterly along the said Northeasterly line (which line has an assumed bearing of
North 45 degrees 51 minutes 04 seconds West for a distance of 271.59 feet, more or less, to the
point at which the said Noi�theasterly line intersects the South line of the said West 1/2 of the
Northeast Quai�ter of the Southeast Quar�ter, which is the point of beginning of the tract of land to
be described; thence continuing Northwesterly along the said Northeasterly line for a distance of
28.91 feet to a point in said Northeasterly line, thence South 89 degrees 55 minutes 04 seconds
East along a line which is parallel to the said centerline of Pullman Avenue, extended Easterly,
for a distance of 410.53 feet to a point; thence South 43 degrees 02 minutes 26 seconds West for
a distance of 21.13 feet to a point in the South line of the said West 1/2 of the Northeast Quarter
of the Southeast Quarter; thence South 89 degrees 22 minutes 25 seconds West, along the said
South line for a distance of 375.38 feet, more or less, to the point of beginning.
Page 6 of 9
EXHIBIT "A-2"
CITY PROPERTY
The West 1 /2 of the Nor Quarter of the Southeast Quai�ter in Section 7, Township 27, Range
21, Washington County, Minnesota, lying southerly of the following described lines:
Commencing at the NW corner of said NE 1 /a of the SE 1 /4; thence S 00°11'26" W, along the
West line of said NE 1 /a of the SE '/4, a distance of 540.00 feet to the point of beginning of the
lines to be described; thence S 89°48'34" E, a distance of 330.00 feet: thence S 48°14'S4" E, a
distance of 87.16 feet; thence S 89°48'42" E, a distance of 265.00 feet to the East line of the
West 1 /2 of said NE 1 /4 of the SE 1 /4 and there terminating.
Except that part thereof described as follows: Commencing at the point at which the centerline of
Pullman Avenue of St. Paul Park, Minnesota, extended Easterly intersects the Northeasterly line
of the right of way of Old Highway 10 and 61: thence Nol�thwesterly along the said Northeasterly
line (which has an assumed bearing of N 45°51'04" W,) for a distance of 271.59 feet, more or
less, to the point at which the said Northeasterly line intersects the South line of the said West 1 /2
of the Noi�theast Quarter of the Southeast Quarter, which is the point of beginning of the tract of
land to be described; thence continuing Northwesterly along the said Northeasterly line for a
distance of 2891 feet to a point in said Northeasterly Line, thence S 89°55'04" E, along a line
which is parallel to the said centerline of Pullman Avenue, extended Easterly, for a distance of
410.53 feet to a point; thence S 43°02'26" W, for a distance of 21.13 feet to a point in the South
line of the said West %2 of the Northeast Quat of the Southeast Quarter; thence S 89°22'25"
W, along the said South line for a distance of 375.38 feet, more or less, to the point of beginning.
Also except that part of said NE 1 /4 of the SE 1 /4 talcen for MN DOT R/W PLAT NO. 82-19.
Page 7 of 9
EXHIBIT "A-3"
PIPELINE EASEMENT
A one hundred foot wide pipeline easement over part of the West half (W1/2) of the Northeast
quarter (NE1/4) of the Southeast quai (SE1/4) of Section 7, Township 27, N., Range 21, W.,
Washington County, Minnesota. The centerline of said pipeline easement described as follows:
Commencing at the southeast corner of said southeast quarter (SE1/4) of section 7; thence North
0 degrees 11 minutes 09 seconds East along the east line of said southeast quai-ter of section 7,
1320.48 feet to the south line of northeast quai�ter of said southeast quarter of section 7; thence
south 89 degrees 35 minutes 24 seconds west along said south line, 802.29 feet to the point of
beginning of the centerline to be described; thence North 21 degrees 58 minutes 40 seconds East,
160.33 feet; thence North 15 degrees 33 minutes 35 seconds East, 80.95 feet; thence Noi�th 2
degrees 22 minutes 23 seconds East, 63.80 feet; thence North 3 degrees 47 minutes 07 seconds
West, 154.74 feet; thence North 7 degrees 33 minutes 44 seconds West, 882.66 feet more or less
to the north line of the northeast quarter of the southeast quarter of said section 7 and there
terminating.
Sidelines of said easement are to be prolonged or shortened to terminate at the south line of said
Northeast Quar�ter of Southeast Quarter and at the noz�th line of said Southeast quarter.
Page 8 of 9
EXHIBIT `�B"
A one hundred foot wide pipeline easement over part of the West half (W1/2) of the Northeast
quarter (NE1/4) of the Southeast quarter (SE1/4) of Section 7, Township 27, N., Range 21, W.,
Washington County, Minnesota. The centerline of said pipeline easement described as follows:
Commencing at the southeast corner of said southeast quai�ter (SE1/4) of section 7; thence North
0 degrees 11 minutes 09 seconds East along the east line of said southeast quarter of section 7,
1320.48 feet to the south line of nol�theast quarter of said southeast quarter of section 7; thence
south 89 degi•ees 35 minutes 24 seconds west along said south 1ine, 802.29 feet to the point of
beginning of the centerline to be described; thence North 21 degrees 58 minutes 40 seconds East,
160.33 feet; thence North 15 degrees 33 minutes 35 seconds East, 80.95 feet; thence North 2
degrees 22 minutes 23 seconds East, 63.80 feet; thence North 3 degrees 47 minutes 07 seconds
West, 154.74 feet; thence North 7 degrees 33 minutes 44 seconds West, 882.66 feet more or less
to the north line of the northeast quarter of the southeast quarter of said section 7 and there
terminating.
Sidelines of said easement are to be prolonged or shortened to terminate at the south line of said
Northeast Quarter of Southeast Quarter and at the north line of said Southeast quarter.
Page 9 of 9