Ammended & Restated Easement & Assessment AgreementCommonwealth Land Title Insurance Compan
Attn: Recording, File No. 231973
222 South Ninth Street, Suite 3060
Minneapolis, MN 55402 -3808
(the "Property "); and
Receipt#: 181444
ABSTRACT FEE
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COMMONWEALTH LAND TITLE SERVICES
222 S 9TH ST #3060
MINNEAPOLIS, MN 55402
$40.00
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2839436
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 ge 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.
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.
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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
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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