Temp Construction Easement - L1, B1 YMCA 2nd AddTEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this I"+ day of r i I , 2025,
between Young Men's Christian Association of the North, a Minnesota non-profit corporation d/b/a
YMCA of Greater St. Paul (hereinafter referred to as "Landowner"), and the City of Eagan, a
Minnesota municipal corporation, organized under the laws of the State of Minnesota (hereinafter
referred to as the "City").
WITNESSETH:
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 10-foot temporary construction easement
for public use and construction purposes over, under and across the following described premises,
situated within Dakota County, Minnesota, to -wit:
The eastern 10' of Lot 1, Block 1, YMCA 2nd Addition, according to the recorded plat thereof,
Dakota County, Minnesota.
See Exhibit "A" attached hereto and incorporated herein.
This temporary easement shall commence on April 24, 2025 and shall expire on April 24,
2027.
The grant of the foregoing temporary construction easement for site grading purposes includes
the right of the City, its contractors, agents and servants to enter upon the premises at all reasonable
times to construct, reconstruct and inspect site grading and the further right to remove trees, brush,
undergrowth and other obstructions. The City agrees to coordinate the timing and access for all
construction activities with the Landowner in such a manner that will minimize the impact of the
City's construction activities on the Landowner's operations and planned activities on the property.
After completion of such construction, maintenance, repair or removal, the City shall restore the
premises to the then -existing condition of the adjacent real property, save only for the necessary
removal of trees, brush, undergrowth and other obstructions, subject only to permanent easement
alterations.
The Landowner, its successors and assigns, does covenant with the City, its successors and
assigns, that it is the owner of the premises aforesaid and has good right to grant and convey the
easement herein to the City.
The City shall exercise its privileges hereunder at the City's sole risk and shall indemnify,
defend, save and hold harmless Landowner and Landowner's supervisors, staff, officers, directors,
managers, agents, contractors, employees, partners, shareholders, members, licensees, guests, and
each of their respective successors, heirs and assigns, from and against any loss, injury, damage,
claim, liability, cost and expense (including, without limitation, reasonable attorneys' fees)
("Claim(s)") which may be sustained by such indemnified parties, arising in connection with, or in
any way related to the use and exercise of, the easement rights granted hereby by the Landowner, its
employees, agents, tenants, licensees or guests; provided, however, that the foregoing shall not be
applicable to any Claim(s) caused by the gross negligence or willful misconduct of the Landowner,
its employees, agents, tenants, licensees or guests. Indemnity shall be limited to available insurance
proceeds. Notwithstanding, nothing contained in this Agreement shall be deemed a waiver of any
tort limits under Minn. Stat. Chap. 466.
The easement granted herein and the other rights and covenants of the parties set forth in this
agreement, shall run with the land and shall be binding upon and inure to the benefit of the parties
and their respective heirs, successors and assigns, including, but without limitation, all subsequent
owners of any portions of the property described herein and all persons claiming under them.
{Remainder of Page Intentionally Left Blank; Signature Page to Follow}
7
IN TESTIMONY WHEREOF, the Landowner has caused this easement to be executed as of
the day and year first above written.
Young Men's Christian Association of the North, a
Minnesota non-profit corporation d/b/a YMCA of
Greater St. Paul
By:
STATE OF MINNESOTA )
)ss.
COUNTY OF DAM)+* )
The foregoing instrument was acknowledged before me this dip -A day of
(Vldfe A , 2025, by A&,Ln GLra &'+tam , the CV-P aF o6rrp, l LFd
of Young Men's Christian Association of the North, a Minnesota non-profit corporation d/b/a YMCA
of Greater St. Paul, on behalf of the non-profit corporation.
i • i / ■ / . .
/.. ! / ./ 1 .
NotaryE
APPROVED AS TO FORM:
City Attorneys Office
Dated: I z` z-j—
APP S TO CONTENT:
7, .
Public Works Department
Dated:
THIS INSTRUMENT WAS DRAFTED BY:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley MN 55124
(952) 432-3136
Easement No. 1407
i%,^A&4JVV-**%16A&%A&*-%*AAAA&%&4VVV�*%%
HANNAH & HElNZE HELMER.S
Notary Pub!!c-Minnesota
EXHIBIT "A"
OPPERMAN DR
Not to Scale
YMC942rid
ADDITION
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A 10'temaaaty censtrLctzan easement for puLLc use and autw=Wn purposes 4*g arc{, uadm and auass the eastem la of Lot 1, Glue* 1, YMCA 2nd Addmc n
artufft6td the rew ded alatOwmd, QakuW Caunt}t bimeutta.
•TMsMNch dxs nm p,rPat n stew the a�serce anorcasterce d-arry mareaCnant larn amto the hereon
dcsmbed taht easenaeas, of reeerd a urea aordcd caiwmms Y hch *ect sfd rand a"wrpr em ms n real
tnd
Temporary Construction Easement
Existing D & U Easement --..
QExisting Utility Easement EAGAN
31176822v2