1440 Central Park Commons Well & Pump House Easement Receipt#407532 3100722
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Return to: Recorded on:1111712015 9:28 AM
• CSM PROPERTIES
400 WASNMNGTON AVE By.DM,Deputy
SOUTH
srE 3000 Office of the County Recorder
MINNEAPOLIS MN 58415 Dakota County,Minnesota
Joel T.Beckman.County Recorder
WELL AND PUMP HOUSE EASEMENT
�y,_ This Well Pum House Easement ("Easement") is made and entered into this
i t day of , 2015, by and between CSM Central Park Commons,
.L.C. a Delaware limited iabili company, (hereinafter "Landowner"),mp y, ( re rafter 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 easement for a
municipal well and a pump house to enclose such well, over, across and under the following
described premises,situated within Dakota County,Minnesota,to-wit:
It An area for well house purposes over,under and across that part of Lot 3, Block 1,CENTRAL
PARK COMMONS,according to the recorded plat thereof,Dakota County,Minnesota,
a 4 described as follows: i
Commencing at the northeast corner of said Lot 3;thence on an assumed bearing of South
00 degrees 06 minutes 13 seconds West along the east line of said Lot 3,a distance of 43.24
feet to the point of beginning; thence North 89 degrees 57 minutes 46 seconds West 42.40
feet;thence North 00 degrees 00 minutes 00 seconds West 29.54 feet;thence North 90
degrees 00 minutes 00 seconds West 105.00 feet;thence South 00 degrees 00 minutes 00
seconds West 105.00 feet;thence North 90 degrees CO minutes 00 seconds East 105.00 feet;
thence North 00 degrees 00 minutes 00 seconds East 55.46 feet;thence South 89 degrees 57
minutes 46 seconds East 42.37 feet to the easterly line of said Lot 3;thence North 00
degrees 06 minutes 13 seconds East along said east line 20.00 feet to the point of beginning.
See also the depiction attached hereto as Exhibit"A"and incorporated herein.
(hereinafter the"Easement Area").
The grant of the foregoing permanent easement for well and pump house purposes
includes the right of the City, its contractors, agents and servants to enter upon the Easement
Area at all reasonable times to construct, reconstruct, inspect, repair and maintain wells, pipes,
conduits and mains and a pump house on the Easement Area; and the further right, but not the
obligation to enter upon the Easement Area at all reasonable times to remove potential
obstructions that may interfere with the well and pump house operations. After completion of
such construction, maintenance, repair or removal, the City shall restore the Easement Area 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.
The City agrees that its initial construction of the pump house and all subsequent exterior
remodeling or reconstruction of the pump house improvements shall be constructed of materials
that are similar and compatible with Landowner's adjacent commercial shopping center.
The City acknowledges and agrees that the Landowner shall have the right to use such
portion of the Easement Area for the purpose of ingress and egress, parking space, roadway
purposes, landscaping, signs and transportation systems. Landowner may surface such portion
of the Easement Area with asphalt,blacktop, concrete,or other appropriate surface materials.
After completion of construction, the City covenants and agrees to maintain and keep the
pump house in first-class condition and state of repair,in compliance with all governmental laws,
rules,regulations,order, and ordinances exercising jurisdiction thereof.
In the event the pump house is damaged by fire or other casualty (whether insured or
not),the City shall timely remove the debris resulting from such event and provide a sight barrier
and within a reasonable time thereafter shall either (i) repair or replace the pump house so
damaged, or (ii) demolish the pump house and restore the area to an attractive condition. The
City shall give notice to the Landowner within ninety(90)days from the date of such casualty of
which alternative it elects.
Should the Landowner be assessed for real property tax purposes relating to the pump
house, the City shall provide prompt payment to the Landowner for such taxes. The City agrees,
as and for consideration given for the grant of the Easement, that no costs associated with the
well or pump house, or any other improvements, maintenance or repair within the Easement
Area shall be charged to or assessed against the Landowner's parcel, or otherwise be an
obligation of Landowner.
If the City fails to take any action required in connection with this Agreement, the
Landowner will provide a written notice of default to the City giving City a 30-day cure period.
Notice need not be given in the event emergency repairs are needed. After the 30-day cure
period, the Landowner may take action and bill the City for the costs thereof. Notwithstanding
the foregoing, nothing in this Easement prevents the City from disputing any costs sought by
Landowner.
2
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.
This Agreement shall be governed by and interpreted under the laws of the State of
Minnesota.
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.
CSM Central Park Commons, L.L.C.,
a Del w e limi 'lity company
By: Zp1nn giens n!naov
Its: Mae v
STATE OF MINNESOTA)
)ss.
COUNTY OF £ A )
Ilenritth
The foregoing instrument was acknowledged before me this IV' day of
OCtrole✓ , 2015, by satin a'. .TbharVis.v. , the
1-ta.vumer of CSM Central Park Commons, L.L.C., a Delaware
limited liability company, on behalf of the limited liability company.
Not ublic
APPROVED AS TO FORM:
_ KELLY ANN SCHMIDT
Nam Pubic-mm*1
ivomwdowEsittitn
City Attorney's Office
Dated: Ct13,9( •
APPROVED AS TO CONTENT:
L4, 4.044.r%
Public Works artment
Dated: �c.,(%01s •
-
3
THIS INSTRUMENT WAS DRAFTED BY:
DOUGHERTY,MOLENDA, SOLFEST,HILLS &BAUER P.A.
14985 Glazier Avenue, Suite 525
Apple Valley MN 55124
(952)432-3136
(RBB: 206-35543/Easement No. 1300)
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WELL HOUSE AREA DESCRIPTION
An area for well house purposes over,under and across that part of Lot 3,Block 1,CENTRAL PARK COMMONS,
according to the recorded plat thereof,Dakota County,Minnesota,described as follows:
Commencing at the northeast corner of said Lot 3;thence on an assumed bearing of South 00lliegrees
06 minutes 13 seconds West along the east line of said Lot 3 a distance of 43.24 feet to the point of
beginning;thence North 89 degrees 57 minutes 46 seconds West 42.40 feet;thence North 00 degrees
00 minutes 00 seconds West 29.54 feet;thence North 90 degrees 00 minutes 00 seconds West 105.00
feet;thence South 00 degrees 00 minutes 00 seconds West 105.00 feet;thence North 90 degrees 00
minutes 00 seconds East 105.00 feet;thence North 00 degrees 00 minutes 00 seconds East 54.46 feet;
thence South 89 degrees 57 minutes 46 seconds East 42.37 feet to the easterly line of said Lot 3;
thence North 00 degrees 06 minutes 13 seconds East along said east line 20.00feet to the point of AT
beginning. 1 V
0 20 40 80
SCALE IN FEET
ONO RAP: a oraey:
a.. DSO Mint WELL HOUSE AREA ; 233 Mirk Ave 800
o pNrA. Downes
itaw aa. Oa CENTRAL PARK COMMONS e127se.9000 Iiamwp34�s
a0 WwaINw
Dam mw: EAGAN, MINNESOTA ar Q MXO NS p_p
EXHIBIT "A"