4730 Pebble Beach Way - Easement Conveyance AgreementEASEMENT CONVEYANCE AGREEMENT
This Easement Conveyance Agreement is made this (l day of O v b e r , 2023,
by and between Northern Natural Gas Company, a Delaware corporation (hereinafter "Northern"),
and the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"). (Northern and
the City are hereinafter collectively referred to as the "Parties.")
WHEREAS, Northern is installing a new natural gas monitoring system (the "Project");
and
WHEREAS, in connection with the Project, it is necessary for Northern to acquire a
permanent easement, temporary workspace pennit, and a temporary access agreement from the
City; and
WHEREAS, the City is willing to convey such easements to Northern all upon the terns
and conditions contained.
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. CONVEYANCE OF PERMANENT EASEMENT. The City hereby conveys to
Northern the permanent easement by executing the Easement Grant attached
hereto as Exhibit "A."
2. COMPENSATION FOR EASEMENT. Contemporaneously with the execution of this
Agreement, Northern shall provide payment to the City in the amount of Five
Hundred Sixty -Five and No/l00 Dollars ($565.00).
3. RIGHT-OF-WAY AND GRADING PERMITS. Northern shall apply for any and all
right-of-way and grading permits as may be required under City Code.
Northern shall comply with any and all conditions proposed by the City on any
such permit. The City hereby designates David Westermayer, Engineering
Technician, as the liaison for Northern to work with through the installation of
the pipeline for the Project.
4. DAMAGE TO PARx. Northern acknowledges that the permanent easement,
temporary workspace permit, and a temporary access agreement will be
adjacent to the City's George Ohmann Park, which has recently been upgraded
by the City. Upon cornpletion of the well drilling activities and clean-up of the
work site by Northern, the City of Eagan will accept responsibility for
revegetating all areas disturbed by Northern activities. In return, Northern
agrees to fully compensate the City of Eagan for all expenses incurred with the
revegetating process. The City will provide Northern with an invoice for repair
costs incurred, which Northern shall reimburse the City. Northern will process
any payment within ten (10) business days following the Vt of the month after
the request for reimbursement is submitted to Northern.
5. GOVERNING LAw. This Agreement shall be governed by and interpreted under
the laws of the State of Minnesota.
6. DISPUTE RESOLUTION. Except in connection with a proceeding in equity, which
will be governed by the rules of procedure of the applicable court, claims,
disputes or other matters in question between the parties hereto arising out of
or relating to this Agreement or any breach hereof shall be first submitted to
mediation, with the parties sharing equally the cost thereof. If the parties cannot
agree on the mediator, one shall be appointed by the district court. If the dispute
is not resolved through mediation, the venue for any dispute shall be the District
Court for Dakota County, Minnesota.
(Signature pages to follow.)
Easement Conveyance Agreement
(Signature page of City of Eagan)
City of Eagan, a Minnesota municipal
corporation
By: A
Mike Mag ire
Its: Ma or
Y�
B C ._-
Eliz eth anHoose
Its: Clerk
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument is acknowledged before me this j*1'6 day of
�COher- , 2023, by Mike Maguire and Elizabeth VanHoose, the Mayor and Clerk of the
City of Eagan, a Minnesota municipal corporation, on behalf of the corporation.
Notary Pu lic
APPROVED AS TO FORM:
/!�'R4-'�
City Attorney's Office
Dated: �n 2
APPROVED AS TO CONTENT:
Q;/' __� "I �__ � � L
jYublic Works Department
Dated: 1 O / 7 2
A Apo All
e
ANGELA D. FAISON
NOTARY PUBLIC-MINNESOTA
�.
My Comm. Exp. Jan. 31, 2025
THIS INSTRUMENT WAS DRAFTED BY:
DOUGHERTY, MOLENDA, SOLFEST
HILLS & BAUER P.A.
14985 Glazier Avenue, Suite 525
Apple Valley MN 55124
(952) 432-3136
EXHIBIT "A"
Easement Conveyance Agreement
(Signature page of Northern Natural Gas Company)
Northern Natural Gas Company,
a Delaware corporation Ok
By: Bryan P. Kruger
It's: Attorney -in -Fact
STATE OF Nebw.Syq�A )
)ss.
COUNTY OF ,�JaS )
The foregoing instrument is acknowledged before me this -5�-h day
2023, by Bryan P. Kruger, the Attorney -in -Fact of Northern Natural
Company, a Delaware corporation, on behalf of the i
IENERAL NOTARY • State of Nebraska
11 LAURA PASKO
My Comm. Exp, June 15, 2026
of
Gas
Easement Grant
EASEMENT EXHIBIT -FOR- northern
Natural Gas
SEE DETAIL
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SUMMARY
EASEMENT AREA
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I hereby certify that tI* or
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Land Surveyor underah. I WS to z
of Minnesota I-SL CORAwn OF OwLor py
SURV -'�O i (Fovea 11�?-INCN PIPE Ls'r47481;
Date: sopyaer )MA 23 220 - I
No, 2263"'100P1111,1010,
EXHIBIT "A"
TRACT DA-046
MNM 80202
OUTLOT F, DAKOTA PATH
SEC, 34, TWP 27 N, RGE. 23 W,
DAKOTA COUNTY, MINNESOTA
4orthern
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EASEMENT EXHIBIT -FOR-
F11 P Nrt
-VA-Northern
Natural Gas
A perpetual easement for monitoring purposes over, under, and across that
part or Outlot F, DAKOTA PATH, Dakota County, Minnesota, Is described as
follows:
Commencing at the northwest corner of said Outlet F; thence South
00 degrees 50 minutes 52 seconds West, bearings based on the
Dakota County, Minnesota coordinate system, along the west line of
said Outlot F, a distance of 37.98 feet to the southerly line of the
Northern Natural Gas Compon/s pipeline easement as described In
Document Number 849113; thence South 68 degrees 10 minutes 33
seconds East, along sold southerly line, a distance of 31,35 feet;
thence South 58 degrees 43 minutes 36 seconds East, along said
southerly line, a distance of 31,82 feet; thence South 59 degrees 32
minutes 02 seconds East, along sold southerly fine, a distance of 4,85
feet to the point of beginning of sold easement to be described;
thence continuing South 59 degrees 32 minutes 02 seconds Cast, along
said southerly line, a distance of 5,00 feet; thence South 30 degrees
27 minutes 58 seconds West, a distance of 22.50 feet; thence North
59 degrees 32 minutes 02 seconds West, a distance of 5.00 feet;
thence North 30 degrees 27 minutes 58 seconds East, a distance of
22.50 feet to the point of beginning.
EXHIBIT "A" -14orthern
TRACT DA-046 Natural Gas
lvINM 80202
OUTLOT F, DAKOTA PATH kF71LENO. 01116826
vavcon SEC. 34, TWP. 27 N, ROE. 2-5 W,
SHEET
DAKOTA COUNTY, MINNESOTA SHEET 3 OF 3