655 Lone Oak Dr - Assessment Agreement (RBB 2-26-13)From: Robert Bauer
To: Pam Dudziak; Ben Perkey
Cc: Jill Hutmacher; Mike Schultz; Russ Matthys; Aaron Nelson
Subject: FW: Ecolab Assessment agreement
Date: Wednesday, June 4, 2025 1:44:48 PM
Assessment Agreement (RBB 2-26-13).doc
Pam and Ben,
My memory hasn’t quite failed me yet…. Here is the assessment deferral agreement for
the Ecolab property (Lots 1 and 2, Cray 2nd addition)—I do not have a signed copy. They
pay the street assessment only if they take any access to Ames. They dedicated a onefoot
access restriction easement. Utilities are due upon connection.
Probably not applicable to the current development, but a reminder that it exists.
Bob
ASSESSMENT AGREEMENT
This Assessment Agreement (“Agreement”) is made this ____ day of ___________ 2013,
by and between Ecolab USA Inc., a Delaware corporation (hereinafter “Landowner”) and the
City of Eagan, a Minnesota municipal corporation (hereinafter “City”). (Landowner and City are
hereinafter collectively referred to as the “Parties”).
WHEREAS, Landowner is the fee owner of property located in the City of Eagan,
County of Dakota, State of Minnesota and legally described as:
Lots 1 and 2, Block 1, Cray 2nd Addition
(the “Property”).
WHEREAS, as part of City Public Improvement Project 1016R (hereinafter the
“Project”), the City assessed the Property for street and utility improvements as follows:
Street and Storm Sewer (hereinafter the “Street Assessment”) $72,064.50
Lateral Sanitary Sewer $16,772.25
Lateral Water Main $21,335.80
(The Lateral Sanitary Sewer and Lateral Water Main shall hereinafter be referred to as the
“Utility Assessments”).
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WHEREAS, the Landowner has filed a special assessment appeal with the Dakota
County District Court (File No. 19HA-CV-12-4858) (the “Appeal”) challenging the validity of
the assessments; and
WHEREAS, the Parties have settled the Appeal all upon the terms and conditions
contained herein.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Parties agree as follows:
1. UTILITY ASSESSMENTS. The City hereby eliminates the Utility
Assessments as a lien against the Property. The Utility Assessments will
be treated as connection charges and shall be payable by Landowner to the
City upon connection to the City’s utility system (at Landowner’s
discretion), at the then prevailing rates.
2. STREET ASSESSMENT. In consideration of the payment to the City of the
sum of $17,000.00, the Landowner agrees to grant to the City a one-foot
access restriction easement prohibiting access from the Property to Ames
Crossing Road. In the event Landowner desires to access Ames Crossing
Road, the City agrees to grant full access (including left in and left out and
right in and right out) in a manner to serve the commercial needs of the
Property, at a location or locations suitable to the City Engineer and
generally located within the northerly 80 feet of the Property as depicted
on Exhibit A hereto, provided that Landowner must provide payment to
the City in the total sum of $72,064.50. No further or additional fees,
interest or charges shall be assessed or required by the City for the access
from the Property to Ames Crossing Road.
3. WAIVER. Subject to the terms of this Agreement, the Landowner hereby
accepts the Street Assessment and hereby waives the right to object or
appeal the Street Assessment pursuant to MINN. STAT. § 429.081 and
further waives notice of hearing on this Agreement. Nothing contained
herein shall be construed as restricting the Landowner from enforcing the
terms of this Agreement.
4. BINDING EFFECT. This Agreement shall be binding upon and inure to the
benefit of the parties’ heirs, successors and assigns and shall run with the
land.
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ECOLAB USA INC.
By: _______________________________
Its: ___________________________
CITY OF EAGAN:
By: ________________________________
Mike Maguire
Its: Mayor
By: ________________________________
Christina M. Scipioni
Its: Clerk
STATE OF ____________)
)ss.
COUNTY OF __________)
The foregoing instrument was acknowledged before me this ______ day of
____________, 2013, by Ecolab, USA Inc., a Delaware corporation, on behalf of the
corporation.
________________________________________
Notary Public
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STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of
_______________, 2013, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of
the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation.
____________________________________
Notary Public
APPROVED AS TO FORM:
_________________________
City Attorney’s Office
Dated: ___________________
_________________________
Public Works Department
Dated: ___________________
THIS INSTRUMENT WAS DRAFTED BY:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(952) 432-3136
(RBB: 206-33099)