4101 Nicols Rd - Connection Charge & Assessment Deferral Agmt & Amendment
Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
U. CONNECTION CHARGE & ASSESSMENT DEFERRAL AGREEMENT
PROWIRE ADDITION
ACTION TO BE CONSIDERED: Approve an Amendment to the Connection Charge
Agreement with Lot 1, Block 1 Prowire Addition, that provides an Assessment Deferral, and
authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• On June 18, 2002, the City Council approved a connection charge agreement between the
City and the owner of Lot 1, Block 1 Prowire Addition (4101 Nicols Road), providing for the
calculation of connection charges for storm sewer and water utilities fees in a manner
different than standard City policy, due to the unique linear configuration of the Prowire
property. The agreement provides for the future payment of connection charges, if the
northern portion of the property is further developed.
• On November 19, 2013, the City Council approved the final assessment roll for the Nicols
Road Street Improvements under City Project 1120. Lot 1, Block 1 Prowire Addition
benefited from these street improvements and was assessed under the project accordingly.
Consistent with the original agreement, the levied street assessment for the property was
calculated to reflect its unique configuration.
• The northern most end of the parcel includes a private storm drainage pond that collects
runoff from the parcel, as well as state highway right-of-way and Nicols Road. Due to the
public drainage, it would be appropriate to have a public drainage and utility easement
encompassing the pond to allow for runoff storage and maintenance activities. The property
owner has agreed to provide the public easement. The City's assessment policy does not
assess ponding areas within public easements.
• The original connection charge agreement is proposed to be amended to reflect the new
drainage and utility easement and includes revised future storm sewer and water utilities fees
payment calculations.
• The deferral of payment for street assessments benefiting any future development is also
provided for in this agreement.
• The property owner has agreed to the amendment. Engineering staff and the City Attorney's
office have also reviewed the amended connection charge agreement, and associated
assessment deferral, and found it to be in order for favorable Council action.
ATTACHMENTS:
• Amended Connection Charge Agreement, Prowire, pages through
FIRST AMENDMENT TO CONNECTION CHARGE AGREEMENT
This First Amendment to Connection Charge Agreement ("Amendment") is made and
entered into this day of , 2013 (the "Effective Date"), by and between
RJR Enterprises, LLC, a Minnesota limited liability company (hereinafter "Landowner") and the
City of Eagan, a Minnesota municipal corporation (hereinafter the "City"). (The Landowner and
the City are collectively referred to as the "Parties").
WHEREAS, Landowner is the fee owner of property located in the City of Eagan,
County of Dakota, State of Minnesota and legally described as Lot 1, Block 1, PROWIRE
ADDITION (the "Property"); and
WHEREAS, the City and Landowner's predecessor in title entered into that certain
Connection Charge Agreement, dated June 28, 2002 and recorded with the Office of the
Registrar of Titles on July 12, 2012 as Document No. 471376 (the "Connection Agreement");
and
WHEREAS, the Parties desire to amend the Connection Agreement to modify connection
charges that may be imposed upon the Property at the time of the expansion of any existing
building or subdivision of the Property and to collect additional street assessments associated
with any expansion or subdivision.
NOW, THEREFORE, in consideration of the recitals set forth and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
do hereby agree as follows:
1. WAIVER OF OBJECTION. Landowner hereby waives its right to object to the
collection of future connection charges which may be imposed by the City
upon the conditions set forth above.
2. AMENDED CONNECTION CHARGES. In the event of expansion of the existing
building on the Property or a subdivision of the Property, the following
connection charges shall be imposed:
Original Previously Drainage & Remaining
Total Paid utility frontage/area
frontage/area frontage/area Easement for to be charged
pond with future
frontage/area development
Water Lateral 1,095.95 feet - 712.07 feet - 290 feet = 93.88 feet
Storm Sewer 60 feet - 60 feet - 0 feet = 0 feet
Lateral (15"
pipe
Water 3.46 acres - 2.25 acres - 0.64 acres = 0.57 acres
Availability
it
3. STREET ASSESSMENT. In the event of expansion of the existing building on
the Property or subdivision of the Property, the Landowner shall be
responsible for deferred street assessment of $7,018.62. The street assessment
shall bear interest at the rate of 3.5% per annum commencing on the Effective
Date of this agreement. The street assessment was calculated with a credit of
209.95 lineal feet at $33.43 per front foot for a total of $7,018.62.
4. BINDING EFFECT. This Agreement binds and benefits the parties and their
heirs, representatives, successors and assigns.
5. No OTHER AMENDMENTS. Except as hereinabove amended, all other terms of
the Connection Agreement remain in full force and effect.
LANDOWNER:
RJR Enterprises, LLC, a Minnesota limited
limited company
By:
Its:
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2013, by the
of RJR Enterprises, LLC, a Minnesota limited liability
company, on behalf of the limited liability company.
Notary Public
City of Eagan, a Minnesota
municipal corporation
By:
Mike Maguire
Its: Mayor
By:
Christina M. Scipioni
Its: City Clerk
2
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2013, by Mike Maguire and Christina M. Scipioni, the Mayor and City
Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal
corporation.
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) 953-8840
(RBB: 206-33037)
3
I
City Council Meeting Minutes
December 3, 2013
2 page
D. It was recommended to approve the 2014 Enterprise Fund budgets for Public Utilities
(Water, Sewer, Street Lighting, Storm Drainage/Water Quality), Cascade Bay, Civic Arena,
Community Center, and Fiber Infrastructure (AccessEagan).
E. It was recommended to approve the 2014 Special Revenue Fund budgets: Housing Fund,
DWI Forfeiture Fund, Minnesota Investment fund (MIF) Revolving Loan Fund, Cable TV
Franchise Fees Fund, Cedar Grove Special Services District Fund and E-TV Fund.
F. It was recommended to approve the 2014 Eagan Convention and Visitors Bureau (ECVB)
Budget.
G. It was recommended to approve a Resolution Renewing existing alcohol licenses for 2014.
H. It was recommended to approve a Resolution directing the City Clerk to issue 2014 alcohol
license renewals upon licensees' submission of renewal documents and fees.
1. It was recommended to approve a change of manager for Granite City Food & Brewery's On-
Sale Liquor License.
J. It was recommended to approve a change of manager for Axel's Bonfire's On-Sale Liquor
License.
K. It was recommended to approve a change of ownership for Davanni's On-Sale Beer License.
L. It was recommended to direct preparation of an ordinance amendment to City Code
Chapter 6 relative to coal tar sealants.
M. It was recommended to approve the Final Subdivision - Eagan Pointe Senior Living.
N. It was recommended to approve an extension of recording Final Subdivision for Dakota
Path.
0. It was recommended to present a Feasibility Report for City Project 1140, Stonebridge
Ponds and Schedule Public Hearing (January 7, 2014).
P. It was recommended to present a Feasibility Report for City Project 1139, Oakwood Heights
2nd Addition and Schedule Public Hearing (January 7, 2014).
Q. It was recommended to present a Feasibility Report for City Project 1137, Alden Pond and
Schedule Public Hearing (January 7, 2014).
R. It was recommended to approve City Contract 13-25, CLIMB Theatre, Blackhawk Lake
Protection Project.
S. It was recommended to approve the Final Payment, City Contract No. 13-07, 2013 Citywide
Trail Improvements.
T. It was recommended to approve the Final Payment, City Contract No. 13-06, 2013 Citywide
Parking Lot Improvements.
U. It was recommended to approve an Amendment to Connection Charge Agreement &
Assessment Deferral Agreement, Lot 1, Block 1 Prowire Addition.
V. It was recommended to approve the Inflow & Infiltration (1&1) Program Surcharge Appeals.
W. It was recommended to approve the Plan of Dissolution and Distribution of Assets of the
Gun Club Lake Watershed Management Organization.
X. It was recommended to approve a Resolution accepting a $1,866.00 donation from an
Eagan Business.
Y. It was recommended to approve a Resolution to accept a donation of $29,590 from Flint
Hills Refinery for the purpose of purchasing a Fire Prevention kitchen Fire Simulator Trailer.
Z. It was recommended to approve the Change Order No. 2, City Contract No. 13-12, Cedar
Grove Parkway Trail & Lighting Improvements.
AA. It was recommended to approve a Resolution to accept a donation of $2,760 from the
Commons on Marice for the Fire Department and Authorize the necessary budget
adjustments.
'-I/O) co is ki
Receipt# 308179
TORRENS FEE
Return to:
DOUGHERTY MOLENDA
7300 WEST 147114 STREET
STE 600
APPLE VALLEY, MN 55124
11 11111 11111 ill 11111 1111 1111 1111 1111
$46.00 T726383
Recorded on: 12/17/2013 01:31:48PM
By: CAC, Deputy
Certificate #: 125400
Joel T. Beckman Registrar of Title
Dakota County, MN
FIRST AMENDMENT TO CONNECTION CHARGE AGREEMENT
This First Agtendment to Connection Charge Agreement ("Amendment") is made and
entered into this day of {--, , 2013 (the "Effective Date"), by and between
RJR Enterprises, LLC, a Minnesota limited liability company (hereinafter "Landowner") and the
City of Eagan, a Minnesota municipal corporation (hereinafter the "City"). (The Landowner and
the City are collectively referred to as the "Parties").
WHEREAS, Landowner is the fee owner of property located in the City of Eagan,
County of Dakota, State of Minnesota and legally described as Lot 1, Block 1, PROWIRE
ADDITION (the "Property"); and
WHEREAS, the City and Landowner's predecessor in title entered into that certain
Connection Charge Agreement, dated June 28, 2002 and recorded with the Office of the
Registrar of Titles on July 12, 2012 as Document No. 471376 (the "Connection Agreement");
and
WHEREAS, the Parties desire to amend the Connection Agreement to modify connection
charges that may be imposed upon the Property at the time of the expansion of any existing
building or subdivision of the Property and to collect additional street assessments associated
with any expansion or subdivision.
NOW, THEREFORE, in consideration of the recitals set forth and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
do hereby agree as follows:
1. WAIVER OF OBJECTION. Landowner hereby waives its right to object to the
collection of future connection charges which may be imposed by the City
upon the conditions set forth above.
2. AMENDED CONNECTION CHARGES. In the event of expansion of the existing
building on the Property or a subdivision of the Property, the following
connection charges shall be imposed:
RECEIVED
DEC 1 fi 7013
AAitOi li,,av
TAXATION & RECORDS
Original
Total
frontage/area
Previously
Paid
frontage/area
Drainage &
Utility
Easement for
pond
frontage/area
Remaining
frontage/area
to be charged
with future
development
Water Lateral
1,095.95 feet
-
712.07 feet
-
290 feet
=
93.88 feet
Storm Sewer
Lateral (15"
pipe)
60 feet
-
60 feet
-
0 feet
=
0 feet
Water
Availability
3.46 acres
-
2.25 acres
-
0.64 acres
=
0.57 acres
RECEIVED
DEC 1 fi 7013
AAitOi li,,av
TAXATION & RECORDS
3. STREET ASSESSMENT. In the event of expansion of the existing building on
the Property or subdivision of the Property, the Landowner shall be
responsible for deferred street assessment of $7,018.62. The street assessment
shall bear interest at the rate of 3.5% per annum commencing on the Effective
Date of this agreement. The street assessment was calculated with a credit of
209.95 lineal feet at $33.43 per front foot for a total of $7,018.62.
4. BINDING EFFECT. This Agreement binds and benefits the parties and their
heirs, representatives, successors and assigns.
5. No OTHER AMENDMENTS. Except as hereinabove amended, all other terms of
the Connection Agreement remain in full force and effect.
LANDOWNER:
RJR Enterprises, LLC, a Minnesota limited
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
limited c' pany
Its: r' flM 1.q -t9
By:
The foregoing instrument was acknowledged before me this 3YcQ day of
kn ,194i^ , 2013, by —RoCIC 11 N CP) , the
Ghi e -E 114a nG e r--- of RJR Enterprises, / LLC, a Minnesota limited liability
company, on behalf ofihe limited liability company.
►- -
LORI J. RANDEL
'';�!"'''► NOTARY PUBLIC 1
MINNESOTA
My Commission Expires Jan. 31, 2017
2
R .e�p
Notary Public
City of Eagan, a Minnesota
municipal,Forporation
•
By:
By:
Mike Maguire
Its: Mayor
Christina M. Scipioni
Its: City Clerk
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ZD day of
faQikey', 2013, by Mike Maguire and Christina M. Scipioni, the Mayor and City
Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal
corporation.
CAROL SUE TUMINI
Nota
OctAr3e
ry Public -Minnesota
Notary Public
My Commission Expires Jan 31, 2016
THIS INSTRUMENT WAS DRAFTED BY:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(952) 953-8840
(RBB: 206-33037)
Receipt# 308179
TORRENS FEE
111111111111111111111111111111111111111111111
Return to:
DOUGHERTY MOLENDA
7300 WEST 147TH STREET
STE 600
APPLE VALLEY, MN 55124
$46.00
T726384
Recorded on: 12/17/2013 01:31:49PM
By: CAC, Deputy
Certificate #: 125400
Joel T. Beckman Registrar of Title
Dakota County, MN
DRAINAGE AND UTILITY EASEMENT
This Drainage and Utility Easement ("Easement") is made this 3 day of
.PJG- 1l3 2013, between RJR Enterprises, LLC, a Minnesota limited liability
company, (hereinafter referred to as "Landowner"), and the City of Eagan, a municipal
corporation, organized under the laws of the State of Minnesota, (hereinafter referred to as the
"City").
WITNES SETH:
That the Landowner, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant and convey unto the City, its successors and assigns, a permanent drainage and
utility easement, over, across and under the following described premises, situated within Dakota
County, Minnesota, to -wit:
The North 290.00 feet of Lot 1, Block 1, PROWIRE ADDITION, according to
the recorded plat thereof, Dakota County, Minnesota.
(the "Property").
See also Exhibit A attached hereto and incorporated herein.
The grant of the foregoing permanent easement for drainage and utility purposes includes
the right of the City, its contractors, agents and servants to enter upon the premises at all
reasonable times to construct, reconstruct, inspect, repair and maintain pipes, conduits and mains;
and the further right to remove trees, brush, undergrowth and other obstructions. After
completion of such construction, maintenance, repair or removal, the City shall restore the
premises to the condition in which it was found prior to the commencement of such actions, save
only for the necessary removal of trees, brush, undergrowth and other obstructions.
And the Landowner, its successors and assigns, does covenant with the City, its
successors and assigns, that it is the Landowner of the premises aforesaid and has good right to
grant and convey the easement herein to the City.
IN TESTIMONY WHEREOF, the Landowner has caused this easement to be executed
as of the day and year first above written.
RJR Enterprises, LLC, a Minnesota limited
limited company
STATE OF MINNESOTA)
)ss.
COUNTY OFf
The foregoing instrument was acknowledged before me this day of
ceVy, bcr , 2013, by ROGI<y l3Qinch , the
( r of RJR Enterprises, LLC, a Minnesota limited liability
company, on behalf olthe limited liability company.
a w .w a_a a
LORI J. RANDEL
�,; , ,�, NOTARY PUBLIC
' MINNESOTA
My Commission Expires Jan. 31, 2017
APPROVED AS TO FORM:
City Attorney's Office
Dated: f 2 --(fa 1 fy
APPROVED AS TO CONTENT:
Public Works4,eraLe„
epartment
Dated: l2( -$i i3
2
Ad-LL.
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: 206-33037/Easement No. 1279)
3
NORTH
No Scale
w
0
Proposed Drainage & ���/�
Utility Easement )'
PROPOSED DRAINAGE & UTILITY EASEMENT VACATION:
A drainage and utility easement lying over, under and across
the North 290.00 feet of Lot 1, Block 1, PROWIRE ADDITION,
according to the recorded plat thereof, Dakota County, Minnesota
G:\EASEMENTS\PROWIR E.dwg
Engineering Division
Co. Rd. 30
n
Nicols Road
Diffley Road
Proposed Drainage & Utility Easement
Lot 1, Block 1, Prowire Addition
11/22/201:
Fig.1