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3800 Ballantrae Rd - Ballantrae Apartments Encroachment & Maintenance AgreementBALLANTRAE APARTMENTS ENCROACHMENT AND MAINTENANCE AGREEMENT This Agreement is made and entered into this x } day of March , 2012, by and between the City of Eagan, a Minnesota municipal corporation (the "City "), and Ballantrae Associates, LP, a Minnesota limited partnership (the "Owner "). WHEREAS, the Owner is the fee owner of certain property located in the City of Eagan, which contains the Ballantrae Apartments located at 3800 Ballantrae Road and legally described as Lot 1, Block 1, Ballantrae Second Addition (hereinafter the "Property "); and WHEREAS, the Owner desires to construct significant renovations to the apartment buildings on the Property (hereinafter the "Improvements "); and WHEREAS, in connection with the Improvements, it is necessary for the Owner to encroach within certain dedicated public drainage and utility easements more particularly described and depicted on Exhibit "A" attached hereto (collectively the "Easements "); and WHEREAS, the City is willing to allow Owner to encroach within the Easements all upon the terms and conditions contained herein: NOW, THEREFORE, the City and Owner agree as follows: 1. ENCROACHMENT. The City hereby authorizes Owner to construct, maintain and repair the Improvements within the Easements. 2. No WAIVER. Nothing in the Agreement shall be deemed a waiver or abandonment of the City's rights in the Easements. 3. COSTS. The Owner shall be responsible for all costs relating to the construction, maintenance and repair of the Improvements. 4. ASSUMPTION OF RISK. Owner acknowledges that the construction of the Improvements within the Easements may impact future maintenance, repairs and /or replacement of the utility lines within the Easements and it may require extraordinary efforts with related expenses and possibly damage the Improvements. By entering into this Agreement, Owner acknowledges that placement of the Improvements within the Easements is at its own risk and Owner assumes any and all damage and/or liability that may result from any work performed by the City and/or its agents within the Easements. Owner agrees not to pursue any claim against the City or its contractors and agents for any damage to the Improvements or any buildings located on the Property resulting from any activity performed within the Easements. 5. MAINTENANCE. The Owner shall maintain the Improvements in a safe and aesthetically pleasing condition. No advertising or posting shall be permitted upon the Improvements. 6. INSURANCE AND INDEMNIFICATION. The Owner shall maintain comprehensive liability insurance in the amount of $1,000,000.00. The Owner shall name the City as an additional insured on the policy and shall provide a copy of the insurance certificate to the City contemporaneously with the execution of this Agreement. The Owner shall indemnify and hold the City and its employees, agents and contractors harmless from (i) any and all claims arising out of or related to use by Owner, the owner or occupants of Ballantrae Apartments or their guest or invitees of that portion of the Easements on which Owner has or will construct improvements, and (ii) any and all claims arising out of or related to the maintenance of the Easements by the City or its employees, agents or contractors, including, without limitation, damage to the Improvements caused by their equipment. 7. DEFAULT. If the Owner fails to take any action required in connection with this Agreement, the City will provide a written notice of default to the Owner giving Owner a 30 -day cure period. Notice need not be given in the event emergency repairs are needed. After the 30 -day cure period, the City may take action and bill the Owner for the costs thereof If the Owner fails to reimburse the City for the costs thereof within ten (10) days after receipt of the bill, the City may take any action permitted by law to collect the amount owed plus the costs of collection, including, but not limited to attorneys' fees. 2 CITY OF EAGAN By: Mike Maguire Its: Mayor 8. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Contract. 9. BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the successors and assigns of the parties hereto. By: (Jii' ti '/1! By: Christina M. Scipioni / Luigi Bernardi Its: Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2012, 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. CAROL SUE TUMI Notary Public - Minnesot My Commission Expires din 31.20 OWNER: 3 Ballentrae Associates, LP, a Minnesota Limited partnership By: SENTINEL HOLDINGS COMPANY, a Minnesota corporation Notary Public Its: GENERAL PARTNE Its: Secretary and Treasurer STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 07/ day of March , 2012, by Luigi Bernardi, the Secretary and Treasurer of SENTINEL HOLDINGS COMPANY, a Minnesota corporation, on behalf of the corporation, the General Partner of Ballantrae Associates, LP, a Minnesota limited partnership, on behalf of the limited partnership. Evvvvvw■nAivW■AnminnnAAA,ww.m. COLLEEN M. BARTELDS yr Notary Public- Minnesota My Commission Expire Jan 31, 2015 THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432 -3136 (RBB: 206 -4768) -7 17 Veb Notary Public 4 BALLAN'I'RAE APARTMENTS ENCROACHMENT AND MAINTENANCE AGREEMENT EXHIBIT A © 2010 RUC INC. Easement Encroachment Ballantrae Apartments Sketch and Descriptions ,0 2 tl ra S8959'241 66. S .i NORTH Silver Bell Road S89'59'541' -•••••;,, �� I r- ,1/4 �� I 490.16 L_ 56939:34 "W 3800 Ballantrae Road r Eagan, MN 55122 r 2 y S895934 "E RUC ( IN RPORA1 ) Minnetonka, MN Phone: 952 933 0972 Fax: 952 933 1153 www.tlkinc.com 6110 Blue Cade Dave • Suite 100 • Mimmunl a, MN 55343 Ballantrae Apartments Location of Easement Encroachments DATE 2 -24 -12 PROJ/ 2011 -081M Q 2010 RLK INC. Easement Encroachment Sketch and Description 0 NORTH \.....--' ..- t \" I poi % nt ? eginning - �� 1 L - , ■ Y 1_ -- -- -� �\ S89 35'59"W 11.00 Y% 100 SCALE IN FEET NOTE: Encroachment Area = 33 sq. ft 1 Henry D. � Ballantrae Apartments r -- I cent dine drainage i�ili�y�SPme,Ot -J GOLD TRAIL 3800 Ballantrae Road Eagan, MN 55122 Ali rI I L__ _L__ L__ 35'59W 278.76 Southeast corner of lot 1 0 0 Cu 1.) PROPOSED EASEMENT ENCROACHMENT "A" DESCRIPTION That part of the drainage and utility easement over Lot 1, Block 1, BALLANTRAE 2ND ADDITION according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota being a strip of land 3.00 feet in width, the southerly line of which is described as commencing at the southeasterly corner of said Lot 1; thence North 04 degrees 10 minutes 36 seconds East on an assumed bearing along the east line of said Lot 1, a distance of 488.01 feet to the intersection of the centerline of said drainage and utility easement; thence South 89 degrees 35 minutes 59 seconds West, along said centerline, a distance of 278.76 feet; thence North 00 degrees 24 minutes 01 seconds West, perpendicular to said centerline, a distance of 7.00 feet to the point of beginning; thence South 89 degrees 35 minutes 59 seconds West, parallel with said centerline, a distance of 11.00 feet, and said line there terminating. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. 2 -24 -12 nse No. 17255 Date 2 -24-12 revised per client comments RLK ( INCORPORATED ) Minnetonka, MN Phone: 952 933 0972 Fax: 952 933 1153 wwnne.rlkinc.com 6110 Blue Circle Drive • Suite 100 • Min,uunni., MN 55343 Ballantrae Apartments FIGURE A DATE 2 -24 -12 PROJ# 2011-081M Q 2010 RUC INC. Easement Encroachment Sketch and Description „k °` 0 RLK ( n000RP'OOA7ICO ) NORTH SCALE IN FEET 100 NOTE: Encroachment Area = 33 sq. ft Minnetonka, MN Phone: 952 933 0972 Fax: 952 933 1153 svww.rlkinc.com 6110 Blue Circle Dave • Suite 100 • Dfinneto MN 55343 1 I � point of beginning % — 1 1 F I L -- — fib' - -- J E8 35'59 2 21 0 1 L 8 °35'59 "W 11.00- <.f../ 5 L_ r— r Ballantrae Apartments 3800 Ballantrae Road Eagan, MN 55122 I L___ centerline III ment J L_ • GOLD TRAIL r r J Q r Southeast corner of lot 1 0 0 C PROPOSED EASEMENT ENCROACHMENT "B" DESCRIPTION That part of the drainage and utility easement over Lot 1, Block 1, BALLANTRAE 2ND ADDITION according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota being a strip of land 3.00 feet in width, the southerly line of which is described as commencing at the southeasterly corner of said Lot 1; thence North 04 degrees 10 minutes 36 seconds East, on an assumed bearing along the east line of said Lot 1, a distance of 488.01 feet to the intersection of the centerline of said drainage and utility easement; thence South 89 degrees 35 minutes 59 seconds West, along said drainage and utility easement, a distance of 221.60 feet; thence North 00 degrees 24 minutes 01 seconds West, perpendicular to said centerline, a distance of 7.00 feet to the point of beginning; thence South 89 degrees 35 minutes 59 seconds West, parallel with said centerline, a distance of 11.00 feet, and said line there terminating. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. FIGURE B 2 -24 -12 envy D Neson, MN' Lic nse No. 17255 Date 2 -24-12 revised per client comments DATE Ballantrae Apartments 2 -24 -12 PROJf 2011-081M 3 3 0 3 O 3 3 3 V v 3 a 3 0 6 ©2010 RLK INC. 0 Easement Encroachment Ballantrae Apartments Sketch and Description ,fko Silver Bell Road 06' 40.00 centerline drainage and utility easement SB9 °59'54 "E 115.00 _goin of be N89 °43'45 "W 11.0 ✓ I -4 I I —__J NORTH 100 SCALE IN FEET NOTE: Encroachment Area = 66 sq. ft l South ROW line of Silver Bell R L N . S00 3800 Ballantrae Road Eagan, MN 55122 Northeasterly corner of Lot 1 J \ I I I I I I.I S. 2 -24 -12 -S00 °00'06 "W 70.96 PROPOSED EASEMENT ENCROACHMENT "C" DESCRIPTION - w That part of the drainage and utility easement over Lot 1, Block 1, BALLANTRAE 2ND ADDITION according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota being a strip of land 6.00 feet in width, the southerly line of which is described as commencing at the northeasterly corner of said Lot 1 which is on the southerly right —of —way line of Silver Bell Rood as platted in said plat; thence South 00 degrees 00 minutes 06 seconds West on an assumed bearing along an easterly line of said Lot 1, a distance of 40.00 feet; thence South 89 degrees 59 minutes 54 seconds East, along a northerly line of said lot, a distance of 115.00 feet; thence South 00 degrees 00 minutes 06 seconds West, along an easterly line of said Lot, a distance of 70.96 feet, to the intersection of the centerline of the said drainage and utility easement; thence North 89 degrees 43 minutes 45 seconds West, along said centerline, a distance of 386.57 feet; thence North 00 degrees 16 minutes 15 seconds West, perpendicular to said centerline, a distance of 4.00 feet to the point of beginning; thence North 89 degrees 43 minutes 45 seconds West, parallel with said centerline, a distance of 11.00 feet, and said line there terminating. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Henry D. Nei .on, MN Lic se No. 17255 Date 2 -24 -12 revised per client comments R LK ( aacoxeoRA2 ) Minnetonka, MN Phone: 952 933 0972 Fax: 952 933 1153 wonvslkinc.com 6110 Blue Carle Drive • Suite 100 • Minnetonka, MN 55343 Ballantrae Apartments FIGURE C DALE 2-24-12 PROJ# 2011-081M ©2010 RLK INC. 0 Easement Encroachment , Sketch and Description ,k°` I -' :I N c0 O O o t Z v N centerline drainage and unity easement `` — 7177— . - N i � —mil - N89 °51'35 "E 50.38 ` f ' oo. 1 .c1 0 1 0 3h c h I c ?4" 1 I NORTH 100 SCALE IN FEET NOTE: Encroachment Area = 152 sq. ft Northwesterly corner of Lot 1 0 0 L ' Henry D. Ballantrae Apartments 3800 Ballantrae Road Eagan, MN 55122 Silver Bell Road r � r r �N t -.1 \ �� r r� N r I 1 . .�� r . \� r r X11 L_. rPROPOSED EASEMENT ENCROACHMENT "D" DESCRIPTION 5 ! That part of the drainage and utility easement over Lot 1, Block 1, BALLANTRAE 2ND ADDITION according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota being a strip of land 4.00 feet in width, the southerly line of which is described as commencing at the most northwesterly corner of said Lot 1; thence South 00 degrees 19 minutes 24 seconds East, on an assumed bearing along a westerly line of said Lot 1, a distance of 293.04 feet, to the intersection of the centerline of said drainage and utility easement; thence North 89 degrees 51 minutes 35 seconds East, along said centerline, a distance of 50.38 feet; thence North 00 degrees 08 minutes 25 seconds West, perpendicular to said centerline, a distance of 6.00 feet to the point of beginning; thence North 89 degrees 51 minutes 35 seconds East, parallel with said centerline, a distance of 38.00 feet, and said line there terminating. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered La d Surveyor under the laws of the State of Minnesota. D 2 -24 -12 son, MN License No. 17255 Date 2 -24 -12 revised per client comments RTK ( EicORYORAIED Minnetonka, MN Phone: 952 933 0972 Far.. 952 933 1153 www.rlkinc.com 6110 Blue Circle Dave • Suite 100 • Minnetonka, MN 55343 Ballantrae Apartments FIGURE D DATE 2 -24 -12 PROJ# 2011-081M V 0 a T 3 0 a 1 1 I 5 0 U 5 2 3 3 O 5 ©2010 RU( INC. 0 Easement Encroachment , Ballantrae Apartments Sketch and Description ,ko` centerline drainage and ultility easement NORTH 100 SCALE IN FEET NOTE: Encroachment Area = 152 sq. ft Northwesterly corner of Lot 1 V Henry D i �I w N- zl - - - -J t 89 °51'35 "E 249.55 r L r I J South line of Silver Bell Road 1 3800 Ballantrae Road Eagan, MN 55122 Silver Bell Road i S89 °43'45 "E 38.00 1 i r _ - si39 °4345�E I 190.26 T ' oint of Innis I lam, o m O O co L _. PROPOSED EASEMENT ENCROACHMENT "E" DESCRIPTION That part of the drainage and utility easement over Lot 1, Block 1, BALLANTRAE 2ND ADDITION according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota being a strip of land 4.00 feet in width, the northerly line of which is described as commencing at the northwesterly corner, on the south line of Silver Bell Road, of said Lot 1; thence South 00 degrees 19 minutes 24 seconds East on an assumed bearing along a westerly line of said Lot 1, a distance of 293.04 feet to the intersection of the centerline of said drainage and utility easement; thence North 89 degrees 51 minutes 35 seconds East, along said centerline, a distance of 249.55 feet; thence North 01 degrees 47 minutes 20 seconds East, along said centerline, a distance of 171.57 feet; thence South 89 degrees 43 minutes 45 seconds East, along said centerline, a distance of 190.26 feet; thence South 00 degrees 16 minutes 15 seconds West, perpendicular to said centerline, a distance of 6.00 feet to the point of beginning; thence South 89 degrees 43 minutes 45 seconds East, parallel with said centerline, a distance of 38.00 feet, and said line there terminating. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Q 2 -24 -12 'son, MN License No. 17255 Date 2 -24 -12 revised per client comments RTC ( nNconrolA ) Minnetonka, MN Phone: 952 933 0972 Fax: 952 933 1153 w v.rlkinc.com 6110 Blue C mole Drive • Stine 100 • Minnetonka, MN 55343 Ballantrae Apartments FIGURE E DATE 2 -24 -12 PROJ# 2011-081M © 2010 RLK INC. Easement Encroachment Sketch and Description 0 NOR 100 SCALE IN FEET C.> NOTE: Encroachment Area = 180 sq. ft —` \\ \ ��� — — L \ - _ — cent rline�raina•� \ \ r —L_ ili�y�gasem \ \ \ I \ \ I r — _— '-- \� I n I r L _ lL l L L__ L LIT PROPOSED EASEMENT ENCROACHMENT "F" DESCRIPTION That part of the drainage and utility easement over Lot 1, Block 1, BALLANTRAE 2ND ADDITION according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota being a strip of land 20.00 feet in width, the centerline of which is described as commencing at the southeast corner of said Lot 1; thence North 04 degrees 10 minutes 36 seconds East on an assumed bearing along an east line of said Lot 1, a distance of 488.01 feet to the intersection of the centerline of said drainage and utility easement; thence South 89 degrees 35 minutes 59 seconds West, along said centerline, a distance of 85.10 feet to another centerline; thence North 00 degrees 00 minutes 00 seconds East, along said centerline, a distance of 20.93 feet; thence South 90 degrees 00 minutes 00 seconds West, along said centerline, a distance of 26.52 feet to another centerline and to the point of beginning; thence continuing South 90 degrees 00 minutes 00 seconds West a distance of 9.00 feet, and said line there terminating. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. 31), ' I �"��"� 2 -24 -12 ' qo r R GOLD TRAIL Ballantrae Apartments 3800 Ballantrae Road Eagan, MN 55122 —1 i i I , ,u 9p.00'oo' , j I 5.1 - - - 0 X 0 89 Southeast corner of lot 1 0 0 Ca 0 0 0 Henry D Ison, MN License No. 17255 Date 2 -24 -12 revised per client comments RLK IIxORPORA1 ) Minnetonka, MN Phone: 952 933 0972 Fax: 952 933 1153 www.rlkinc.com 6110 Blue Curie Dave • Suite 100 - 3,Om et:NAM, MN 55343 Ballantrae Apartments FIGURE F DATE 2 -24 -12 PROJ# 2011-081M