3908 Cedar Grove Pkwy - Easement and Assessment Agreement
Receipt# 300626 2982297
ABSTRACT FEE $46.00
Recorded on: 10/21/2013 09:00:01AM
BY: DMB, Deputy
Return to:
DOUGHERTY MOLENDA
7300 WEST 147TH STREET
STE 600 Joel T. Beckman County Recorder
APPLE VALLEY, MN 55124 Dakota County, MN
FIRST AMENDMENT TO AMENDED AND RESTATED EASEMENT
AND ASSESSMENT AGREEMENT
This First Amendment to the Amended and Restated Easement and Assessment
Agreement ("Agreement") is made this 1s} day of «i~\,f , 2013, by and between the
CITY OF EAGAN, a Minnesota municipal corporation (hereinafter "City") and CEDARVALE
BUSINESS CENTER LLP, a Minnesota limited liability partnership (hereinafter "Cedarvale
Partnership"). (The City and Cedarvale Partnership are collectively referred to as the "Parties").
WHEREAS, the Parties entered into that certain Easement and Assessment Agreement
dated June 1, 2004, recorded July 14, 2004 as Document No. 2225141, and the Amended and
Restated Easement and Assessment Agreement dated December 20, 2011, recorded December
30, 2011 as Document No. 2839436 (hereinafter the "Amended Agreement") relating to the
following real property in Dakota County:
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, the City is currently proposing to complete the Project in 2013 and
Cedarvale Partnership has requested that the City modify the interest rate for the special
assessment therein to reflect the correct rate charged by the City; and
WHEREAS , the City is willing to modify the terms of the assessment 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. Paragraph 3 of the Amended Agreement is hereby revised to read as follows:
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 3.5% per annum. Cedarvale Partnership hereby waives
its right to object or appeal the assessment described herein,
pursuant to MINN. STAT. §429.081, and further waives notice of
hearing on this Agreement.
CITY OF EAGAN, a Minnesota
municipal corporation
By: 4 41k
Mike Maguire
Its: Mayor
By: diM-A& /w
Christina M. Scipioni
Its: Clerk
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STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing was acknowledged before me thisfi day of DCkbCr , 2013,
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.
Notary Public
APPROVED AS TO FORM:
City Attorney's Office CAROL SUE TUMINI
Notary Public-Minnesota
Dated: l Mr common E~tres Jen s1, 2o1s
APPROVED AS TO CONTENT:
P;Alic Works epartment
Dated: 2 ! i 3
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CEDARVALE BUSINESS CENTER LLP,
a Minnesota limited liability partnership
By: _ a~l
Its:
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
day of
The foregoing was acknowledged before me this ,
2013, by -I-z^, eX* -9 and , the
Ay .-e 1 o and - of Cedarvale Business
Center Lfl~ 'q Minnesota limited liability partnershi on behalf of the limited liability
partnership.
Subhasini Sin h
MY 31/15
t
il^.- P MY Commission Exorm 011,~1j' Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(952) 432-3136
(RBB: 206-21773)
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