1360 Crestridge Lane - Plastic Water Services AgreementWATER SERVICES AGREEMENT
This Water Services Agreement ("Agreement") is made this 22 day of
2021 by and between /Q*41// ,;rs- ^I (a/,6� ("Landowner") and the City ofEagan, a
Minnesota municipal corporation (the "City"}. (Landowner and the City are collectively referred
to as the "Parties").
WHEREAS, the Landowner is the owner of real property located at 1360 Crestridae
Lane, Eagan, MN 55123 and legally described as: Lot 1, Block 1, Fish Lake
Estates
(the "Property"); and
WHEREAS, the City has a policy to require a one -inch copper water service for all water
connections within the City; and
WHEREAS, Landowner has requested that the City allow the use of a 1-1/2" plastic
water service instead of the standard one -inch copper water service; and
WHEREAS, the City is willing to allow Landowner to use a plastic water service
provided that Landowner enter into this Agreement and agree to be bound by the terms within.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as
follows:
1. USE OF PLASTIC WATER SERVICE. The City hereby grants the Landowner
the ability to install a plastic water service provided that it is installed in a
manner acceptable to the City Engineer and is accompanied by a locate
wire_
2. REPLACEMENT of PLASTIC SERVICE. Landowner agrees that the plastic
service will need to be removed and/or replaced with a copper service line
if and when the Property develops or subdivides in the future unless the City
Engineer determines that plastic is an acceptable or standard material at the
time of future development/subdivision.
3. BREACH. If Landowner fails to install the copper water service, Landowner
hereby grants to the City a license to enter upon the Property and the City
may install the copper water service and specially assess the Property for
the cost of such installation. Landowner hereby waives any objection to the
costs for the installation in accordance with Minn. Stat. & 429.081 and
agrees to pay the same for a period of five (5) years at an interest rate
determined by the City.
4. GOVERNING LAW. This Agreement shall be governed by and interpreted under
the laws of the State of Minnesota.
5. BINDING. This Agreement shall run with the Property until terminated and
shall be binding upon the successors of the Landowner.
6. NOTICES. Any notice required or permitted under this Agreement shall be in
writing and shall be deemed to be given when and if sent by certified mail, return
receipt requested, postage prepaid, properly addressed as follows, or such other
address as may hereafter be designated in writing by either of the Parties:
If to Landowner:
If to City: City of Eagan
Attn:
3830 Pilot Knob Road
Eagan, MN 55121
With a Copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A.
Attn: Robert B. Bauer, City Attorney
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(Signature pages to follow.)
Water Services Agreement
(Signature page of Landowner)
Landowners,, -
IVIOKTH POKOI"ft
STATEOF
69W. v )ss.
COUNTY OF. 'CAF.KS )
The forego instruin, ent wocis ackn .;d.g:ed before me this
Ing day of
2021 by
)MULd
and. &cWt tljin ov-*-J- -hund. an a. wrie.
vv
MAXWELL WESSLEY
Notary Public
State of North Dakota
MY C Mission FyniraQ Inn 10
Notary
Water Services Agreement
(Signature page of City)
City of Eagan
v
ByO-
Milce Magug-e-
Its : Mayor
By:
Christina M. S cipioni
Its.- Clerl�
STATE OF MINNESOTA)
COUNTY OF DAKOTA
A T mstnunent was acknowledged before me this
e forego* ing day of
2021.,'by Mike Maguire and. Christina M. S 'pion*, the Mayor and Clerk
ci I
of_&e city of Eagan, a Mimiiesota mu-ni CIP i al corporation, on behalf of the municipal
corporation.
Noiary P ico.
MARY KA►Y OU VEL
Notary PubliqoMinnesota
1S INSTRUMENT WAS DRAFTED BY: My CcnvnWw EWinnAw 31 2W
Do-ugherty., Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, S-aite 525
Apple Valley, MN 55*124
(952) 953-8847
R-BB