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3932 Cedar Grove PkwyCommonwealth Land Title Insurance Compan Attn: Recording, File No. 231973 222 South Ninth Street, Suite 3060 Minneapolis, MN 55402-3808 Receipt#: 181444 ABSTRACT FEE ATT COPY $46.00 $2.00 Return to: COMMONWEALTH LAND TITLE SERVICES 222 S 9TH ST #3060 MINNEAPOLIS, MN 55402 2839436 11111 1 Recorded on: 12/30/2011 12:15:08PM By: DMB, Deputy Joel T. Beckman County Recorder Dakota County, MN AMENDED AND RESTATED EASEMENT AND ASSESSMENT AGREEMENT This Amended and Restated Easement and Assessment Agreement ("Agreement") is made this pday of December 2011, by and between the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter "City") and CEDARVALE BUSINESS CENTER LLP, a Minnesota limited liability partnership, formerly a Minnesota general partnership, (hereinafter "Cedarvale Partnership"). (The City and Cedarvale Partnership are collectively referred to as the "Parties"). This Agreement replaces that certain Easement and Assessment Agreement dated June 1, 2004, recorded July 14, 2004 as Document No. 2225141. This Agreement revises the legal description and extends the expiration date. WHEREAS, Cedarvale Partnership is the fee owner of certain property located at 3902 — 3938 Cedar Grove Parkway and legally described as Lot 1, Block 1, Stryker Addition, according to the recorded plat thereof, Dakota County, Minnesota, except that part thereof which lies above elevation 842.40 feet (mean sea level datum, N.G.V.D., 1929) being the lowest floor level of the existing apartment buildings located thereon; and lying within the area described as follows: Beginning at the most Southerly corner of said Lot 1; thence North 33° 24' 00" West on an assumed bearing along the Southwesterly line of said Lot 1, a distance of 80.52 feet; thence North 53° 25' 04" East, a distance of 157.82 feet; thence North 36° 34' 56" West, a distance of 40.00 feet; thence North 53° 25' 04" East, a distance of 210.60 feet; thence South 36° 34' 56" East, a distance of 40.00 feet; thence North 53° 25' 04" East, a distance of 156.49 feet to the Northerly line of said Lot 1; thence South 40° 42' 50" East along the Northerly line of said Lot 1, a distance of 80.61 feet to the Northeast corner of said Lot 1; thence South 53° 25' 04" West along the Easterly line of said Lot 1, a distance of 177.60 feet; thence North 36° 34' 56" West, a distance of 40.00 feet; thence South 53° 25' 04" West, a distance of 180.00 feet; thence South 36° 34' 56" East, a distance of 40.00 feet; thence South 53° 25' 04" West, a distance of 177.59 feet to said point of beginning. (the "Property"); and WHEREAS, in connection with the City's Cedar Grove redevelopment activities, the City is proposing to construct future trailway improvements that will impact the Property (the "Future Project "); and WHEREAS, Cedarvale Partnership recognizes the benefit associated with the Future Project and is willing to grant the City the necessary construction easements and to provide a financial contribution towards the future project all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. CONSTRUCTION OF FUTURE PROJECT. The Parties acknowledge that the Future Project has not been authorized by the City Council of the City. If the Future Project is approved, it will include the following items: A. Construction of Trail. A trail shall be constructed adjacent to the Property within the existing public right -of -way. B. Retaining Walls. The construction of the trail may require the removal of trees and construction of a retaining wall. If the slope of the Property adjacent to the right -of -way will exceed a three to one ratio, then a retaining wall shall be constructed. The City will use its best efforts to keep the sign described in paragraph 5 below in its proposed location or condition. C. Parking Lot Construction. The construction of the proposed trail will require grading and reconstruction of a portion of the Property's parking lots in accordance with the plans prepared by SEH and dated January 5, 2004, which are currently on file with the City. In the event such construction occurs, the City agrees it will undertake to minimize disruption of the business activities that occur on the Property and further covenants that at least one driveway access for the property will remain open during construction. Cedarvale Partnership will be given a copy of the plans and specifications for the parking lot construction, and an opportunity to comment on them prior to the initiation of work. The grading, reconstruction, and resurfacing will include the following: (1) Grading, reconstruction, and resurfacing of the property marked with slashed lines on Exhibit A. (2) Doing this work so that it blends with the unchanged portions of the Property. Replacing any curbs that are damaged or destroyed during construction. (4) To the maximum extent possible, leaving the Property with a gently sloping grade from the buildings (or ungraded areas) to Cedarvale Parkway. (3) (5) Striping of the resurfaced areas to match the existing parking. (6) The trail, any retaining wall(s), and other changes in the right -of -way adjacent to the Property shall be finished in a manner consistent with the new Cedar Grove theme. 2. GRANT OF EASEMENT /WAIVER OF COMPENSATION. Cedarvale Partnership acknowledges that the construction of the trail and driveway and parking lot modifications under the Future Project require the grant of temporary construction easements to the City, its agents and contractors. Cedarvale Partnership shall, at no cost to the City, grant such temporary construction easements as may reasonably be required by the City to undertake the construction activity associated with the Future Project. The City will pay for the costs to prepare and record such easements. Cedarvale Partnership acknowledges that trees will be removed in connection with the Future Project, and Cedarvale Partnership waives any and all damages arising out of or relating to the removal of trees or other activities performed as described in to this Agreement. This grant and waiver is contingent upon the construction of the Future Project. 3 3. ASSESSMENT. Cedarvale Partnership recognizes the benefit to the Property as a result of the Future Project. Cedarvale Partnership, for itself, its successors and assigns, hereby accepts an assessment against the Property for the Future Project in an amount not to exceed $17,500.00. The assessment shall be levied against the Property in the year following completion of the Future Project. The assessment shall be payable over a period of 10 years at a rate of 7% per annum. 4. WAIVER OF OBJECTION. Cedarvale Partnership hereby waives its right to object or appeal the assessment described in paragraph 3 above, pursuant to MINN. STAT. §429.081, and further waives notice of hearing on this Agreement. 5. HOLD HARMLESS /INDEMNITY. Cedarvale Partnership acknowledges that it currently has a monument sign, and that it has requested the City to grant a conditional use permit to allow for the construction of a pylon sign. The construction of such sign will be located within the public drainage and utility easement adjacent to the right -of -way for Cedar Grove Parkway. Cedarvale Partnership agrees to hold harmless and indemnify the City from any claims, losses, judgments, damages or costs incurred, including attorneys' fees, resulting from the construction of the pylon sign on the Property within the public drainage and utility easement. This Agreement is subject to the City granting the conditional use permit, variance, and vacation of right -of -way to allow the sign as presented in City Planning Cases 19- CU- 16 -10 -13 and 19- VA- 18- 10 -13. The City further agrees to refund the second sign application fee paid by Cedarvale Partnership on or about March 19, 2004. 6. GOVERNING LAW. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. 7. EXPIRATION. In the event the City has not undertaken construction of the Future Project prior to June 1, 2014, this Agreement (other than the indemnity obligation under paragraph 5) shall be null and void and of no further effect. STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of December 2011, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. APPROVED AS TO FORM: City Attorney's Office Dated: I (�l APPROVED AS TO CONTENT: Public Works Department Dated: 5 CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk itAtQS STATE OF 1.14Pae-T-A) 0 4 0 )ss. COUNTY OFD 4149 -T-4 ) By: The foregoin was acknowledged before me this doh `s w -l�A_' and # .1 , 4.4... and --- Center LCPPa Minnesota limited liability partnership, partnership. JOANNA MILLER NOTARY PUBLIC STATE OF TEXAS MY COMM. EXR 6/22/14 THIS INSTRUMENT WAS DRAFTED BY: 6 CEDARVALE BUSINESS CENTER LLP, a Minnesota limited liability partnership SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432 -3136 (RBB: 206 - 21773) /l day of December 2011, by , the of Cedarvale Business on behalf of the limited liability 41,I1' City of Eagan 3830 Pilot Knob Road Eagan MN 55122 Phone: (651) 675-5675 Fax: (651) 675-5694 r RECEIVED MA Y 25-2012 Staff: ' ti 2012 COMMERCIAL BUILDING PERMIT APPLICATION Use BLUE or BLACK Ink For Office Use Permit #: 1° Permit Fee: Date Received: 571;1a C Dater/',"M-7 /.;.,?4 /2 Site Address: 39= Cedar" Oe't/ le Pet/%t/ '�ff"i I/ /17 4 / Tenant Name: 414_4" 4'k9I) S t (Tenant is: New / )/Existing) Suite #: Former Tenant: Nameeedar1/lt 'f.'- fig c CG?h r ZZ6 Phone:(?5 . -(p(t)4t' 7 ,/� Sz-t��e, LvS� Address / City / Zip: 5K.5-3 /ova y%a7 &k �ls�ra / .%�'ia'/,+6,fb1S, ni A/ 57/ Applicant is: Owner Contractor ,� / (Alet a/nyi/o Description of work: /i/e, C r* T J c46.n d� /col 41- /iii' Construction Cost: 1lC✓✓v Name:,/r7 7- COl'TM„dibv\ L C License #: 6C �jc 4/66f/5 Address: .:1(.03.2 s liklerai• 4(JJ city: e" Wei State: M / Zip: 5-57A-4) Phone: (t 50 4/70a? - g 9;/ Contact: , 1'.[) >N L✓£)h 1 Email: /1,177 C-Or/S--7"rAc+r.() rk L ',al. GU Name: Registration #: Address: City: State: Zip: Phone: Contact Person: Email: Licensed plumber installing new sewer/water service: Phone #: CALL BEFORE YOU DIG. Call Gopher State One Call at (651) 454-0002 for protection against underground utility damage. Call 48 hours before you intend to dig to receive locates of underground utilities. www.qopherstateonecall.orq I hereby acknowledge that this information is complete and accurate; that the work will be in conformance with the ordinances and codes of the City of Eagan; that I understand this is not a permit, but only an application for a permit, and work is not to start without a permit; that the work will be in accordance with the approved plan in the case of wgrlJ which requires a revieand pp oval of plans. Applicant's Printed Name Applicant's Signature Page 1 of 3 3132- Ceotar- Cie- eke DO NOT WRITE BELOW THIS LINE / AM -Vs - SUB TYPES _ Foundation Commercial / Industrial Apartments Miscellaneous WORK TYPES New /Addition Alteration Replace Public Facility Accessory Building Greenhouse / Tent Antennae /Interior Improvement Exterior Improvement Repair Water Damage Salon Owner Change* Alt -14/ Govt DESCRIPTION Valuation Plan Review (25%_ 100% /) Census Code #of Units # of Buildings Type of Construction (1)OOd 1'%t'3 REQUIRED INSPECTIONS Footings (New Building) Footings (Deck) Footings (Addition) Foundation Drain Tile Roof: _Decking _Insulation Framing Fireplace: Rough In Air Test _Final Insulation Meter Size: Occupancy Code Edition Zoning Stories Square Feet Length Width Ice & Water Final Final CIO Inspection: Schedule Fire Marshal to be present: Reviewed By: Chi Gz' , Building Inspector Reviewed By: Exterior Alteration -Apartments Exterior Alteration -Commercial Exterior Alteration -Public Facility Siding Demolish Building* Reroof Demolish Interior Windows Demolish Foundation Fire Repair Retaining Wall *Demolition of entire building - give PCA handout to applicant 2od 7 ,R.,S,g L CS 6- Sheetrock MCES System liar SAC Units Acle CI4 iVS E TD vse.&Q- -1-n City Water Booster Pump PRV Fire Sprinklers /vi0 / Final / C.O. Required ✓ Final / No C.O. Required Other: Pool: Footings _Air/Gas Tests Final Siding: Stucco Lath Stone Lath Brick Windows Retaining Wall Erosion Control Yes No , Planning COMMERCIAL FEES Base Fee Surcharge Plan Review MCES SAC City SAC S&W Permit & Surcharge Treatment Plant Treatment Plant (Irrigation) Park Dedication Trail Dedication Water Quality ZvG • S— Water Quality 3 r S Water Supply & Storage (WAC) 13 L • 2-3 Storm Sewer Trunk Sewer Trunk Water Trunk Street Lateral Street Water Lateral Other: TOTAL 3L/'4.23 Page 2 of 3 PERMIT t1TY•0F EAGAN 3830 Pilot Knob Road PERMIT TYPE: B U I L D I N G Eagan, Minnesota 55122-1897 Permit Number: 031818 (612) 681-4675 Date Issued: 04/20/98 SITE ADDRESS: 3932 BEAU D RUE DR LOT: 1 BLOCK: 1 STRYKER DESCRIPTION: (EAGAN AUTO LICENSE) Buildin§_Permit Type COMM./IND. MISC. Building Work Type ALTERATION Census Code" 437 ALT. NONRES. R~ i T»' +,a 1 s n c} ~ "2 ;E `l. 'x. e{ tts.Fi »:r REMARKS: PLAN REVIEWED BY MIKE BARCK FEE SUMMARY: VALUATION $800 Base Fee $29.25 Surcharge .50 Total Fee $29.75 v CONTRACTOR: - Applicant - OWNER: ALMOST ANYTHING- CONST 22806470 FITZGERALD JOHN 1380 102NO ST E 3914 DEAU D RUE DR INVER GROVE HTS MN 55077 EAGAN MN 55122 (612) 280-6470 (612)687-0510 I hereby-acknowledge that I have read this application .4,hd, Matte°that th-e--- information is correct and agree to comply with,al_lEapplAcable State=of'kn,. 'Statutes and City of Eagan ©rdi,nanc`es: APPLI AN PERMITEE SIGNATURE ISSUE e : SIGNATURE I 1998 BUILDING PERMIT APPLICATION )COMMERCIAL) c2q • "1- 31 ~ sit CITY OF EAGAN 681-4675 Submit following to obtain necessary rmit Foundation Only New Construction Interior Improvement structural plans (2 sets) architectural plans (2 sets) architectural plans (2 sets) civil plans (2 sets) structural plans (2 sets) code analysis (1) code analysis (1) " civil plans (2 sets) project specs (1 set) soils report (1) landscaping plans (2 sets) Key Plan " project specs (1) code analysis (1)" energy calculations (1)notalways Special Inspections 8 Testing Schedule " soils report (1) Electric Power & Lighting Forth (1) not always " SAC determination letter from MC11NS - SAC determination letter from MC/WS - SAC determination letter from MCIWS - call 602-1000 call 602-1000 call 602-1000 Special Inspections & Testing Schadule(1) project specs (1) energy calculations (1) Electric Power 8 Li htin Forth 1) Contact Building Inspections for sample Food 8 Beverage or Lodging facilities: Plan must be submitted to Minnesota Department of Health. Call 215-0700 for details. DATE: to ~,I -I - 1 9 n WORK TYPE: - NEW -.)!L, REMODEL I z qV- q t% - un r DESCRIPTION OF WORK: F- tz1 v CONSTRUCTION COST: .S DO ~ TENANT NAME: ~a oe-„ G~~- ~ • T1+ ^ SITE ADDRESS: 3'1 3 2 Q•ti~ D11 ~l~ w-e p~ . EQ as-. +'771m S~I J, SUITE LOTBLOCK-J- SUBD. 11 lLim P.I.D.# Name: f, I a-tPctL4 JaA^ Lu PhoneM ~~7- Ds~SI O PROPERTY Last ' First OWNER Street Address: 3 9 / { 1Q ^ City is~ State: -7YL-,) Zip: S 12. 2 Company: l ea a r~ ~~~ll~ ~e T ' Phone 6 l -.T X0--6 q `7 D CONTRACTOR Street Address: / 3 9 0-/ 0 2 g E• License # 9 O t/ City Z n v c n Q n o v -e 9T-5 State: Yn n Zip: 5. 0 7 7 ARCHITECT/ ENGINEER Company: Phone D ME Registration LP 0 4'=A City State: Zip: Sewer & water licensed plumber (only if installing sewer & water): I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ordinances. n'nr ~ ~ Signature of Applicant: A ~"-'-c~//~ INSPECTION RECORD ~ITY; OF PERMIT TYPE: 3830 Pilot Kr Permit Number: 'j Eagan, Minn 3932 CEDAR GROVE PKWY . Date Issued: (612) 681-46• SITE ADDRESS: APPLICANT: ih1 ;i4s hli~i9 PERMIT SUBTYPE: TYPE OF WORK: INSPECTION TYPE DATE INSPTR. INSPECTION TYPE DATE fNSPTR. :1 1s 1; 14 t i. I~ f - - - - - - - - - - - - - - - - - - For Office Use , --7C a ® # r Perm7 it#: �/ 1 E AGA N C" Permit Fee: Staff: L J ` 3830 PILOT KNOB ROAD I EAGAN, MN 55122-1810 Payment Recvd: X1 Yes No (651)675-5675 I TDD: (651)454-8535 I FAX: (651)675-5694 Email: buildinginspections(ni,cityofeagan.comr Plans: Electronic Paper Plan Submittal: eplanscu�citVofeagan.com ( 42Qc— � CC�r OKt L 2018 COMMERCIAL PLUMBING PERMIT APPLICATION ❑ Please submit two(2)sets of paper plans with all commercial applications as well as an electronic set of the submittal, submitted via email, CD or flash drive Date: 8/16/18 Site Address: 3902-3938 Cedar Grove Pky Tenant: Cedarvale Shopoping Center Suite#: Property ner ', Name: JBL Phone: Name: Gilbert Mechanical License#: r Y���i � Address: 5251 West 74th St Edina mnZip: 55439 City: State: Phone: 952-835-3810 Email: rhammond@gilbertmech.com 1tltliIIIPgIa New _Replacement Repair _Rebuild Modify Space _Work in R.O.W. Typ. :fictql Description of work: Backflow prevention per Hydrocorp '0G'r 'II�Iuq���P� COMMERCIAL New Construction ✓ Modify Space Irrigation System( yes/ I no)( RPZ/ PVB) 9�s@,:,1,0111111100 Rain sensors required on irrigation systems Permittype • Avg.GPM (2"turbo required unless smaller size allowed by Public Works) 0���I tllo�m pr '' "„u��mm��l Meters Call(651)675-5646 to verity that tests passed prior to picking up meter. Domestic:Size&Type Fire: 1 tl Avg.GPM High demand devices? Yes_No Flushometers_Yes_No COMMERCIAL FEES Contract Value$7500 x.01 $60.00 Permit Fee Minimum $60.00 PVB/RPZ Permit(includes State Surcharge) -$ 75 Permit Fee =$ 3.75 Surcharge Surcharge=Contract Value x$0.0005 If the project valuation is over$1 million,please call for Surcharge =$ 78.75 TOTAL FEE Following fees apply when installing a new lawn irrigation system $ Water Permit Contact the City's Engineering Department,(651)675-5646,for required fee amounts. $ Treatment Plant $ Water Supply&Storage $ State Surcharge =$ TOTAL FEE You may subscribe to receive an electronic notification from the City of proposed ordinances by signing up for an email update on the City's website at www.cltyofeaoan.comisu bscribe. CALL BEFORE YOU DIG. Call Gopher State One Call at(651)454-0002 for protection against underground utility damage. I hereby acknowledge that this information is complete and accurate;that the work will be in conformance with the ordinances and codes of the City of Eagan;that I understand this is not a permit,but only an application for a permit,and work is not to start without a permit;that the work will be in accordance with the approved plan in the case of work which requires a review and approval of plans. x Rick Hammond Applicant's Printed Name Applicant's Signature FI Ii =' ii'!"19YD@l'hi i ` a ''''1000040000 .(IgolM . A P _ red Inspect _- (1 f K(yrr ll�I�E III '__ a x�, es".;.TM' #1 r.no3 -' "f__�, itlgllPiiliria, lldlk� Page 1 of 3