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3903 Cedar Grove PkwyEAGAN 3830 PILOT KNOB ROAD l EAGAN, MN 55122-1810 (651) 675-5675 l TDD: (651) 454-8535 I FAX: (651) 675-5 MAR 2 3 2020 Plan Submittal: eplansra'7.cityofeagan.com S /o --7 7 20 COMMERCIAL Bali IT APPLICATION 3 9 a 3 &eol_ Getyv6 rxw y Date: 3/23/20 Site Address: Next to Eagan Outlet Mall. No address assigned yet Tenant Name: (Tenant is: ✓ New / Existing) Suite #: Th& koW) r For Office Use '14 Permit #: /64 5 1 Permit Fee: //; St y Staff: Payment Recvd: _Yes o I TTTT��� I Plans: Electronic Paper 1 Property Owner Name: Invest Eagan I, LLC, Former Tenant: Phone: 402-212-3443 Address/ City/ Zip: 5600 American Bive Suite 730, Bloomington MN 55437 Applicant is: ✓ Owner Contractor Type of Work Description of work: New Multi family Construction Cost $35,276,269 Contractor Name: Big-D Constuction License #: Address: 2706 Gannon Mid City: St Paul State: MN Zip: 55116 Phone: 612-289-4271 Contact: Andy Nelson Email: Andy.Nelson@big-d.com Architect/Engineer Name: ESG Registration #: 55695 Address: 500 Washington Ave South City: Minneapolis State: MN Zip: 55416 Phone: 612-339-5508 Contact Person: Mike Miller Email: Michael.Miller@esgarch.com Licensed plumber installing new sewer/water service: )1ii E4DLL k1 1-a if I (S Phone#: 763 i) 3? �- NOTE: Plans and supporting documents that you submit are considered to be public information. Portions of the Information may be classified as nonpublic if you provide specific reasons that would permit the City to conclude that they are trade secrets. You may subscribe to receive an electronic notification from the City of proposed ordinances by signing up for an email update on the City's website at www.citvofeaaan.com/subscribe. CALL BEFORE YOU DIG. Call Gopher State One Call at (651) 454-0002 for protection against underground utility damage. Call 48 hours before you intend to dig to receive locates of underground utilities. www.aopherstateonecall.orq I hereby acknowledge that this information is complete and accurate; that the work will be in conf Eagan; that I understand this is not a permit, but only an application for a permit, and work accordance with the approved plan in the case of work which requires a review and approval.d" Andy Nelson Applicant's Printed Name nce with the ordinances and codes of the City of o st without a permit; that the work will be in lam= nt's Signature SUS BB TYPES Foundation Commercial / Industrial X.Apartments Miscellaneous WORK TYPES New Addition Alteration Replace Salon Owner Change DESCRIPTION Valuation Plan Review (25%_ 100% X) Census Code # of Units # of Buildings DO NOT WRITE BELOW THIS LINE 3703 C6C1640U6 Pc1 , Public Facility _ Exterior Alteration -Apartments Accessory Building _ Exterior Alteration -Commercial Greenhouse / Tent Antennae Interior Improvement Exterior Improvement Repair Water Damage it 36, 2.16, 46.11'(ebccupancy /2 2 Code Edition 2DIS O'14 6 . D I4z —N40,63/ Exterior Alteration -Public Facility Siding Reroof Windows Fire Repair Demolish Building* Demolish Interior Demolish Foundation Retaining Wall *Demolition of entire building - give PCA handout to applicant 1 Type of Construction L4/V16 REQUIRED INSPECTIONS �C Footings 4 New Building _ Deck _ Addition ,( Foundation jK' Foundation Before Backfill )C. Vapor Barrier X" Framing 30 Minutes X 1 Hour X. Insulation )6 Sheetrock A. Roof: _Decking )C Insulation Ice & Water X, Final )� Siding: Stucco Lath )'Stone Lath X Brick AL EFIS Windows Fireplace: _Rough In _Air Test _Final X Pool: )(Footings 4.Air/Gas Tests .X Final Zoning Stories Square Feet Length Width X' Drain Tile Retaining Wall Erosion Control Steel Reinforcement Street/Curb Cut Inspection Other: Meter Size: Electronic Set of Final Revised Plans -- 43 MCES System Ye $ SAC Units 162_ /Zeffe-c- City Water Booster Pump PRV Fire Sprinklers Yc Yes Final / C.O. Required Final / No C.O. Required Final CIO Inspection: Schedule Fire Marshal to be present: X' Yes No Reviewed By: , Planning New Business to Eagan: Reviewed By: /n/stg -Ja An> ea/ , Building Inspector FEES Base Fee Surcharge Plan Review MCES SAC City SAC S193a } . A* '3,08 1lS2,'Z,o 3©.�a Water Quality Storm Sewer Trunk Sewer Trunk Water Trunk Street Lateral Street S&W Permit & Surcharge - race.. .. C9 0 Water Lateral Treatment Plant 4 (75/ j'/dp0 a :fo5,',44/ 64/ f/ut L Treatment Plant (Irrigation) P67 00 Landscape Security Park Dedication ! ®q./ r/a Other:lie & LVoi + cam.+, oN Trail Dedication "1s Gbe. v© TOTAL: 4,,oc,Y: coo et Z,'1 orb Tst41 /.15 Page 2 of 3 MCES USE: Letter Reference: 200326A2 Address ID: 734303 Payment ID: 432093 4z2_5-0 Date of Determination: 03/26/20 Greetings! Please see the determination bel Project Name: Project Address: Suite #/Campus: City Name: Applicant: Special Notes: Determination Expiration: 03/26/22 /Y the RFeee at E. ..- rove Cedar Grove Parkway / Eagan Outlets Parkway / Rahn Road N/A Eagan Patrick Frankosky, Big-D Construction Midwest None Charge Calculation: Apartment: 172 unit(s) @ 1 unit / SAC = 172.00: Parking Garage: 170.00 fixture units @ 17 fixture units / SAC =10.00 Total Charge: Credit Calculation: None Total Credit: Net SAC: 182.00 0.00 182.00 = 182 SAC Due i lC c) The business information was provided to MCES by the applicant at this time. It is the City's responsibility to substantiate the business use and size at the time of the final inspection. If there is a change in use or size, a redetermination will need to be made. If you have any questions email me at: toni.janzig@metc.state.mn.us. Thank you, Toni Janzig SAC Technician Please visit our SAC website by going to: http://www.metrocouncil.org/SACprogram 390 Robert Street North r1 St. Paul, MN 55101-1805 Phone651,602,1000. I Fax 651.602,1550 I TTY 651.291.0904 An Equal Opporlu oily 5m toyer METROPOLITAN COUNCIL PERMIT City of Eagan Permit Type:Building Permit Number:EA174282 Date Issued:01/13/2022 Permit Category:ePermit Site Address: 3903 Cedar Grove Pkwy Lot:1 Block: 1 Addition: The Preserve At Cedar Grove PID:10-75842-01-010 Use: Description: Sub Type:Fireplace Work Type:Gas Fireplace (new) Description: Census Code:434 - Residential Additions, Alterations Zoning: Square Feet:0 Occupancy: Construction Type: Comments:Improvements to the home may require smoke detectors in all bedrooms. Chimney / flue must be inspected prior to concealing. Carbon monoxide detectors are required within 10 feet of all sleeping room openings in residential homes (Minnesota State Valuation: 3,000.00 Fee Summary:BL - Base Fee $3K $88.50 0801.4085 Surcharge - Based on Valuation $3K $1.50 9001.2195 $90.00 Total: I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Contractor:Owner:- Applicant - Invest Eagan I Llc 8644 Executive Woods Dr Lincoln NE 68512 Glowing Hearth And Home Llc 100 Eldorado Dr. Jordan MN 55352 (952) 492-9276 Applicant/Permitee: Signature Issued By: Signature 3571437 Receipt:# 875286 AGREE $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded on: 12/27/2022 2:40 PM By: LMF, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder This Amended and Restated Encroachment Agreement supersedes and replaces in its entirety that certain Encroachment Agreement dated December 7, 2021 and recorded in the Office of the Dakota County Recorder on February 11, 2022 as Document Number 3524244. AMENDED AND RESTATED ENCROACHMENT AGREEMENT (Lot 1, Block 1, The Preserve at Cedar Grove) This Amended and Restated Encroachment Agreement ("Agreement") is made and entered into this A Vday of , 2022, by and between the City of Eagan, a Minnesota municipal corporation (the "City"), and Invest Eagan I, LLC, a Minnesota limited liability company (the "Owner"). The City and Owner are hereinafter referred to as the "Parties." WHEREAS, the Owner is the fee owner of certain property located in the City of Eagan and legally described as Lot 1, Block 1, THE PRESERVE AT CEDAR GROVE (hereinafter the "Property"); and WHEREAS, the Owner desires to maintain a retaining wall and door stoop (the "Improvements") in the City's existing drainage and utility easement (the `Basement") located on the Property as depicted on Exhibit "A" attached hereto; and WHEREAS, in connection with placement of the Improvements, it is necessary for the Owner to encroach within the Easement; and WHEREAS, the City is willing to allow Owner to encroach within the Easement all upon the terms and conditions contained herein: NOW, THEREFORE, the City and Owner agree as follows: ENCROACHMENT. The City hereby authorizes Owner to construct, maintain and repair the Improvements within the Easement. 2. No WAIVER. Nothing in the Agreement shall be deemed a waiver or abandonment of the City's rights in the Easement. 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 future maintenance, repairs within the Easement could possibly damage the Improvements. By entering into this Agreement, Owner assumes the risk of any and all damage to the Improvements that may result from any work performed by the City and/or its agents within the Easement. 5. 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. 6. NOTICES. All written communications shall be directed to Owner at: Invest Eagan I, LLC c/o Southview Holding Company, Inc. f/k/a Southview, Inc. Attn: Thomas G. Schleich, President 8644 Executive Woods Drive Lincoln, NE 68512 All written communications shall be directed to the City at: City of Eagan Attn: Russ Matthys, Public Works Director 3830 Pilot Knob Road Eagan, MN 55122-1810 With a copy to: Robert B. Bauer, City Attorney Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 7. 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 Agreement BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land 2 herein described and shall be binding upon the successors and assigns of the parties hereto. 9. GovERNING LAW. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. (Signature pages to follow.) AMENDED AND RESTATED ENCROACHMENT AGREEMENT (Lot 1, Block 1, The Preserve at Cedar Grove) (Signature page of the City) CITY OF EAGAN: C By: Mike Ma ire Its: Mayor_,," By. E Iz4 nth,. Noose Its: City Clerk, S I !`ATE OF MINNES01. A ) )ss. COUNTY OF DDAKOTA ) Om,Th foregoing instrument was acknowledged before me this day of 2022, by Mike Maguire and Elizabeth VanHoose, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. 'U'IE tN'TA STRI' Notary ublic N bf� ' a my 31, 5 F. AMENDED AND RESTATED ENCROACHMENT AGREEMENT (Lot 1, Block 1, The Preserve at Cedar Grove) (Signature page of Owner) STATE OF F a. A 9 ' ) ss. COUNTY OF LA�,V -v rc Invest Eagan 1, LLC, a Minnesota limited liability company By: Southview Holding Company, Inc., formerly known as Southview, Inc., a Nebraska corporation, Sole Member By; _. omas G. Schleich, President The foregoing instrument was acknowledged before me this day of , 2022, by Thomas G. Schleich, the President of Southview Holding Company, Inc., formerly known as Southview, Inc., a Nebraska corporation, the sole member of Invest Eagan 1, LLC, a Minnesota limited liability company, on behalf of the limited liability company. GENERA_uNAY NOTARY of Nebr2xa cE���ivp r rauaNotary Public My Comm Exp 111.Mrch 11, 2023 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: 206-44888) EXHIBIT "A" \ `o RETAINING WALL - STOOP — ASSUMED EXTENT OF RETAINING WALL AND STOOP FOUNDATIONS/ I, .; DRAINAGE AND UTILITY EASEMENT ENCROACHMENTAREA 0 5 (0 20 SCALE IN FEET MIME) OPE ENCROACHMENT EXHIBIT AIIIantEngineering, ino, 733 Marquette Ave, Sta Dwp uemo: rnewh BpTHEROWAN Minneopolls, MN 65402 e ar—h-pt DFE 6M758.3080 MAIN We, A m. 39p3 CEDAR GROVE PARKWAY 612,768.3099 FAX 8l10/21 P-40 EAGAN, MINNESOTA mvw,alllant-Inc,com