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3760 Blackhawk Rd INSPIEC T'ION RECORD CITY OF EAGAN - PERMIT TYPE: 3834 Pilot Knob Road Permit Minnesota 55122-1897 Number: Ea an, Date Issued: (612) 681-4675 SITE ADDAESS: I04 .1 14 L f, V, 16 APPLICANT: AP f ;61 #3 1 f-ow w e RMIT SUBTYPE: TYPE OFWt)RK: 9001ARKri,i 140 SAC CAVOTT l1~3a i i rJtl 7fJ3Q ltliVid.lV't~8 WM.4 9018 "SNO f}1H "tSdA{td 'JBId l~!!d 1932 idly 3QY1d3W:i i 3OYld3W auvo8 dAa 1 inam Is" Nonce .,tit, wv tow IDNNW#TU U00+i E7SWY' A QNnoi £JittllOdd ~I4M JOP" *U!Od oil >f d II t EAGAN TOWNSHIP M 2'71_ BUILDING PERMIT j Owner a -------------'rte Eagan Township Address ( re t)~~- Town Hall Builder 1!r - - l Address Sr°" Date r DESCRIPTION Stories To Be Used For Front Depth Height Est. Cost Permit Fee Remarks LOCATION Street, Road or other Description of Location -I Lot_ Block Addition or Tract This perm' does not authorize the use of street roads, alleys or sidewalks nor does it give the owner or his agent the right to create any situation which is a nuisance or which presents a hazard to the health, safety, convenience and general welfare to anyone in the community. THIS PERMIT MUST BE EPT PREMISE WHILE THE WORK IS IN PROGGYrSS. A that r4 permission to erect a--- _ _ a upon This is to certify, has t the above de °nibed premi a ub' the p \ov ions of the Building Ordinance for Eagan Tow ip adopted April 11, 1955... / ~ z E - Per Chairman of To oard Building Inspector UT -1 CITY OF EACi N (1} v -czf S 3795 Pilot Knob Road Eagan, Minnesota-55122 PER14IT NO. 73n The City of Eagan hereby grants to ITrni , 7rntinnr rnnfnr} TD, of 4748 Nino 1 gt Ave a AIR r_or7n_ Permit for: (Owner) Cyril Raar,„r at 3760 Blackhawk prive , pursuant to application dated US 75 Fee Paid: 55,00 dated this _1Lday of Sept. , 19 75 .50 a/c Building Inspector Mechanical Permits: Bid Total: EAGAN TOWNSHIP 279 BUILDING PERMIT Owner - - Eagan Township Address (p ent) Town Hall Builder aG<!c9G n. Date - _ - Address ~ . DESCRIPTION Stories To Be Used For Front Depth Height6 Est. Cost permit Fee Remarks LOCATION Street, Road or other Description of Location ` Lot Block Addition or Tract 14M -74 _S_t~ This p Tit does not authorize the use of st ts, roads, alleys or sidewalks nor does it give the owner or his agent the ri t to create any situation which is a nuisance or which presents a hazard to the health, safety, convenience and general welfare to anyone in the community. THIS PERMIT MUST BE EPT HE PREMISE WHILE THE WORK IS IN PROGRESS. ----------------------has permission to erect a..............''-` upon ........&.L This is to certify, that--.._. A the above d bed pre e t to the visions of the Building Ordinance for Eagan Township adopted April 11, a 1955. - - ' - Per Chairman of Towi and Building Inspector CITY OF EAGAN Remarks (raj Addition Section 17 Lot Blk Parcel 10 01700 010 76 Owner Street 3760 BlaekhaWk Rd. State Eagari,MN 55122 Improvement Date Amount Annual Years Payment Receipt Date STREET SUR F. STREET RESTOR, GRADING SAN SEW TRUNK 25 Pam SEWER LATERAL WATERMAIN WATER'ii31?mr1`LAr 14 WATER AREA 19-77 ~~"sue 1 Water Stub 1971 _Z00,00 20 Paid STORM SEW TRK'~. 19 83 3•; 15 1-5246-10 --CQ077,ql 8;4-32, STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER, SAC PARK E September 12, 2007 I Paul J. & Lisa R. Dondlinger 1719 Skater Dr. Eagan, MN 55122-1798 Dear Paul & Lisa Dondlinger: Re: Land Survey of Conservation Easement, GVR Acres As a follow up to the inspection of the conservation easement area of your and your five neighbors' properties alongside Blackhawk Lake on September 7, 2007, please be advised that within the next one to three weeks the City will conduct a land survey of the easement area between 8:00 a.m. and 4:00 p.m. Monday through Friday. If you have any questions or concerns, please feel free to contact me at (651) 675-5300. i Sincerely, Eric Macbeth Water Resources Coordinator Cc: Tom Colbert, Public Works Director Russ Matthys, City Engineer Mike Ridley, City Planner Mary Granley, Senior Code Enforcement Technician August 9, 2007 103150006001 Paul J. & Lisa R. Dondlinger 1719 Skater Dr. Eagan, MN 55122-1798 Dear Paul & Lisa: Re: Conservation Easement GVR Acres I The City of Eagan holds about two dozen conservation easements that have been recorded on various land parcels throughout the City over the past 20 years. Such easements, which are legal agreements between historical landowners and the City, prohibit specific activities on the legally described areas and also allow any other activities as granted by historical landowners. Conservation easements are permanent and "run with the properties." Enclosed for your reference is a copy of the conservation easement document recorded in June of 1988 for your and your five neighbors' properties alongside Blackhawk Lake, which were legally platted as Lots 1, 3, 5, 6, and 7, Block 1, GVR Acres. Please be advised that within the next two to four weeks City staff intends to access the easement area of these properties between 8:00 a.m. and 4:00 p.m. Monday through Friday to inspect its condition relative to the terms of the easement. If you have any questions or concerns, please feel free to contact me at (651) 675-5300. Sincerely, Eric Macbeth Water Resources Coordinator Enclosure: Conservation Easement Document #376006 Cc: Tom Colbert, Public Works Director Russ Matthys, City Engineer Mike Ridley, City Planner Mary Granley, Senior Code Enforcement Technician M 00 rn , S, C) I 0 fl r S CONSERVATION EASEMENT THIS EASEMENT, made this 8th day of May 1998, between G V R DEVELOPMENT LLC, a Minnesota limited liability company, and GREGORY J. RATHMAN and VALERIE A. RATHMAN, husband and wife, (herein collectively referred to as "Landowners") and the CITY OF EAGAN, a municipal corporation, organized under the laws of the State of Minnesota, (hereinafter referred to as the "City"). WITNESSETH: That the Landowners, 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, do hereby grant and convey unto the City, its successors and assigns, a permanent conservation easement for the purpose of preserving and protecting the natural character of the easement area, over and across the following described premises, situated within Dakota County, Minnesota, to-xit: Lots 1, 3 and 5, Block 1, GVR ACRES, according to the recorded plat thereof, Dakota County, Minnesota, which lies northwesterly, northerly and northeasterly of the following described line: Commencing at the northeast corner of said Lot 5, Block 1; thence on an assumed bearing of North 89 degrees 55 minutes 29 seconds West, along the north line thereof, a distance of 85.87 feet to the actual point of beginning of the line to be described; thence South 42 degrees 1 I minutes 00 seconds West a distance of 121.25 feet; thence South 64 degrees 10 minutes 00 seconds West a distance of 102.10 feet; thence South 78 degrees 12 minutes 38 seconds West a distance of 48.42 feet; thence South 85 degrees 20 minutes 00 seconds West a distance of 70.18 feet; thence North 82 degrees 34 minutes 00 seconds West a distance of 61.27 feet; thence North 61 degrees 25 minutes RECEIVED 00 seconds West a distance of 114.42 feet; thence North 51 degrees 39 minutes 00 seconds West a distance of 141.84 feet to the north line of said Lot 1, Block 1 and said line there terminating. DATE RECEIVED 6 THOMAS V. NOVAK jq" DAKOTA COUW V TREASURER-AUD 4 Also that part of Lots 6 and 7, said Block I which lies northeasterly of the following described line: Beginning at a point on the north line of said Lot 6 distant 175.00 feet east from the northwest corner thereof; thence in a southeasterly direction to a point on the southeasterly line of said Lot 6 distant 245.00 feet northeasterly from the most southerly comer thereof, as measured along said southeasterly line; thence southeasterly to a point on the east line of said Lot 7 distant 165.00 feet north from the southeast comer of said Lot 7 and said line there terminating. the "Easement Area") See also Exhibit "A" attached hereto and incorporated herein. The Landowners, for themselves and their heirs, successors and assigns, covenant and agree that they shall not themselves perform nor shall they give permission to any third party to perform any of the following activities within the Easement Area, without the prior wTinen consent of the City: A. Constricting. installing, storing or maintaining anything made by man, including but not limited to, buildings, structures, fences, walkways, clothes line poles and playground equipment; B. Parking of vehicles; C. Planting of gardens; D. Storage of firewood; or E. Clear-cutting or removal of native vegetation or trees. The Landowners, for themselves and their heirs, successors and assigns, further covenant and agree that the general topography of the Easement Area shall be continued in its present condition and no excavation or change in the topography shall be allowed, save and except as may be required by any federal, state or local government agency, other than the Landowners, which have jurisdiction over the Easement Area or as authorized by the City, in writing, as the City shall, in its sole discretion decide is appropriate; that no cutting or harvesting of any live tree or other live vegetative cover shall be permitted except as may be required by any federal, state or local government agency, other than Landowners, which have jurisdiction over the Easement Area or as authorized by the City, in writing, as the City shall, in its sole discretion, decide is appropriate. 2 The easement granted herein does not entitle the City to use or occupy the surface of the easement except as specifically provided herein. This easement shall be effective upon Landowners' execution and shall continue in force in perpetuity. Landowners reserve the right to occupy and use the property and easement for all purposes not inconsistent or interfering with the restrictions set forth herein. The easement granted hereunder and the covenants contained herein shall run with the land and shall be binding onto the parties hereto and their heirs, successors and assigns. And the Landowners, their heirs, successors and assigns, do covenant with the City, its successors and assigns, that they are the Landowners of the premises aforesaid and have good right to grant and convey the easement herein to the City. N TESTIMONY WHEREOF, the Landowners have caused this easement to be executed as of the day and year first above written. G V R DEVELOPMENT LLC, a Minnesota limited liability company ~J By: G 9go`. athman Its: Chief anager, By: Valerie A. Rathman Its: Secretary Gr go, kf~afhm an Valerie A. Rathman I STATE OF MINNESOTA) ) COUNTY OF DAKOTA ) ~ 11 The foregoing instrument was acknowledged before me this - day of 1998, by Gregory' J. Rathman•and Valerie A. Rathman, the Chief Manager and Secreta' , of G V R DEVELOPMENT LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public r^~ LOLA L VEENKER y NOTAIMRAO-YMOM MY COMMISSION EXPIRES JANUARY 31,2000 I M STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA j The foregoing instrument was acknowledged before me this s~ day of / 1998, by Gregory J. Rathman and Valerie A. Rathman, husband and wife. l Notary Public APPROVED AS TO FORM: LOLALYEENKER NOTAM MW -1MtE90TA MY COMMISSION EXPIRES C- JANUARY 31.2000 L N 7 t~ City Attorney's Dated: / r APPROVED AS TO CONTENT: tic Works De artment Dated; S 2C' i THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (612) 432-3136 RB B/kmw Easement No. 687 206-14652 I 4 i r EASEMENT EXHIBIT m ACRD iH,(~ r-SA (Ocvu~Ao~u. ~ASEMCNT I Il Q +-y'~ I d {;I . H 1. sll;, I ~ti.8 .mc i,`,:.. w S~ f• u' i US-We K y: ] I • 9 F ~ r ..fly t' ~ ~r ~ a 't t t. ~y =5 < Da'i's `r . .r .x I f' txit a sf ~4 'i a s, Ir4y 1111'i ~4 5 77 3~ t >.Y ,yea ¢n 4 ` ~ - ' 'Vl All- so, i~~ v.ur" : ` ;111 ~t . M S 47 44 •I`T L 'I~ Z .may ~ 4~. ~P` .7'''4 ~ ~ ~ I V 1 V ~ ~ ~ f' 2. t F * F x v~~ y- ,V 1 1 YT r ! -At l p`6 i f Y mil( ~ F,~' t r, ,Y$ r ~ ~ 1 =r Roes' .er'T~ W y,~ I :r f . 6. i ^T. _ f_~ v , Sr a/, Yt yy7 ~ ,4.. ~ :,•Gtirw. v ~ ~1 ~ a' ~ 4,;?h x• .1 ~ t r~r; ; s ~ - ° 3 'Tj E ,k_,Ka^. r ''nZj, j ~ .t~~y'_',./`' _ ~y~Ryst 't{.' : ~ ' f '11111 1 ` ~ ~ 5 1, 411~ PERMIT CITY OF EAGAN 3830 pilot Knob Road PERMIT TYPE: B U I L D I N G Eagan, Minnesota 55122-1897 Permit Number: 031255 (612) 681-4675 Date Issued: 12/12/97 SITE ADDRESS: 3760 BLACKHAWK RD LOT: 1 BLOCK: =W1 P.I.N.: 10-01700-010-76 DESCRIPTION: (BARN) Building Permit Type MISCELLANEOUS Building Work Type DEMOLISH Census Code 649 DEMO OTHER REMARKS: NO SAC CREDIT FEE SUMMARY: Base Fee $50.00 Surcharge .50 Total. Fee $50.50 CPNTRACTOR: Applicant OWNER: KAMISH & SONS INC, A 14511381 RATHMAN VALERIA '6010 CONCORD BLVD 3760 BLACKHAWK RD tNVER GROVE HTS MN 55076 EAGAN MN 55122 (612) 451-1381 (612)686-8896 I hereby acknowledge that I have read this application and Mate that the information is correct and agree to comply with all applicable state of Mn. L Statutes and City of Eagan Ordinances. a t ~r"' PPLICANT/PERMITEE SIGNATURE ISSU D B : SIG ATUR town. tul MEMO:) t ! y F i. • " A S E• T29 "ON -Nawlyl 3 N ! S t a.k j } yy 4 ' •F-~T'•~!S'.?]{:'.'',~ 'i- ~ 1~ };:f Y T7 1 I F t ')'F~ i i 4 y I 1997 BUILDING PERMIT APPLICATION (COMMERCIAL) ` CITY OF EAG 681-4675 AN '`ICLi 1C~~ The following are required with appropriate certification for all new construction: + 2 each: architectural plans; mech. & elec. plans; fire sprinkler plans; structural plans; site plans; landscaping plans; grading/drainage/erosion control plan; utility plan • 1 each: set of specifications; set of energy calculations; electrical power & lighting form; Special Inspections & Testing Schedule • Letter from MCNVS (phone #222-8423) indicating SAC determination • Code analysis indicating: codes used; occupancy classifications; setbacks; maximum allowable area as per Building and City Codes along with sq. ft. per floor; type of construction (synopsis of construction components) & any occupancy or area separation walls; 1 a sO1L's occupancy loads; exit synopsis with a diagram indicating exiting loads from each room or area, travel paths & all rated REPORT corridors; plumbing fixtures; and parking. DATE: 12-16 -9 WORK TYPE: NEW REMODEL ~^~~irro ti+ t~ C~Ic.ao ~.~A2~1 DESCRIPTION OF WORK: CONSTRUCTION COST: :tOeeo TENANT NAME: SITE ADDRESS: 3760 154Cx 6w k Rio , Mar Md LOT BLOCK_ SUBD. __TI P.I.D. # PROPERTY Name: 9-4T4MA*J Uldcx'y;' Phone • ~Pb'9J, OWNER LAST IMST Street Address: 374-0 6JA-. b&9k Rn _ City: 9049AW State: _ ytvvZip: Ss) ZZ CONTRACTOR Company: A. Y'40+.s -r 5c.s 1wC- Phone ~s1 3 Street Address: C.Ojn cz~N ey)ao -61 u4 City: IJkAg-e . Zip: SSA'? ARCHITECT/ Company: Phone ENGINEER Name: Registration Street Address: City: State: Zip: Sewer & water licensed plumber (only if installing sewer & water): 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. C Signature of Applicant: sa's . OFFICE USE ONLY v BUILDING PERMIT TYPE ❑ 01 Foundation ❑ 19 Comm./Ind. Misc. ❑ 21 Miscellaneous ❑ 18 Comm./Ind. ❑ 20 Public Facility WORK TYPE ❑ 31 New ❑ 33 Alterations ❑ 35 Tenant Finish ❑ 32 Addition ❑ 34 Repair 37 Demolition GENERAL INFORMATION Const. (Actual) Basement sq. ft. MCNVS System (Allowable) First Floor sq. ft. City Water UBC Occupancy sq. ft. Fire Sprinklered , ~gAa►~ Zoning sq. ft. Census Code # of Stories sq. ft. SAC Code 50 ~ 8wT X10 Length sq. ft. Census Bldg. I S•K. c4 as Depth Footprint sq. ft. Census Unit 6 APPROVALS Planning Building Engineering Variance ~o Permit Fee Valuation: $ Surcharge . S Plan Review MCNVS SAC City SAC Water Conn. SAN Permit S/W Surcharge Treatment PI. Road Unit Park Ded. Trails Ded. Water Qual. Other Copies So Total: % SAC SAC Units Meter Size I CITY USE ONLY L ~ c.BJL~ RECEIPT SUED. AX RECEIPT DATE: 1998 PLUMBING PERMIT (RESIDENTIAL) CITY OF EAGAN 3830 PILOT KNOB RD EAGAN, MN 55122 (612) 681-4675 Please complete for: ➢ single family dwellings ➢ townhomes and condos when permits are required for each unit ➢ backflow preventer for underground sprinkler system FIXTURES EACH # TOTAL Shower 3.00 X = Water Closet 3.00 X = Bath Tub 3.00 X = Lavatory 3.00 x = Kitchen Sink 3.00 X = Laundry Tray 3.00 X = Hot Tub/Spa 3.00 x = Water Heater 3.00 x = Floor Drain 3.00 X = Gas Piping Outlet * minimum -1 3.00 x = Rough Openings 1.50 X = Water Softener * for dwellings under construction 5.00 X = Water Softener * for existing dwel!ing 20.00 X = U.G. Sprinkler * for dwelling under const. 3.00 = U.G. Sprinkler * for existing dwelling 20.00 = Alterations * to existing residence 20.00 = Water Turn Around 20.00 = Private Disposal System * MPC lic. 75.00 = (new and refurbished systems) Private Disposal Systems * Abandonment 20.00 = RPZ (new installation only) 20.00 = STATE SURCHARGE .50 TOTAL - - - I hereby acknowledge that I have read this application, state that the information is correct, and agree to comply with all applicable City of Eagan ordinances. It is the applicant's responsibility to notify the property owner that the City of Eagan assumes no liability for any damages caused by the City during its normal operational and maintenance activitie o the facilitie con trusted un r this twit in City property/right-of-way/easement. Ill` O-fi-W T SITE ADDRESS: OWNER NAME: NY•---1 INSTALLER NAME: TELEPHONE / SCE STREET ADDRESS: e~-~- CITY: ►~-`~~1- STATE: Zip: c C n SIGNATUR OF PERMITTEE CD/PERMIT FORMS/RPLBG PERMIT (RES) - 1998 8. 2 71 Oo td vi,+-( -rHF t~+ J lea d n e Se : c, a cc I ! ~ ra cl`y t ~ ,C~ ; F ' eA S S FSS was d WAIVER OF HEARING NO. 468 PROJECT NO. 665, BLACKHAWK ROAD SPECIAL ASSESSMENT AUTHORIZATION 57AvvIJ Ass-ss Fob dnfy 0,%d 5-evc.; ce We hereby request and authorize the City of Eagan, County of Dakota, State of Minnesota, to assess the following described property owned by us: Plat and Parcel No. 0 V5I (-,iof Q AC,Rt~-S for the benefit received from the following improvements: Item Quantity Rate Amount 1" Water Service , each $1,048 Estimated at plus Indirect Costs 1 -•$g,$~10' to be spread over 15 years at an annual interest rate of 6.5% against any remaining unpaid balances. You may pay any portion of this special assessment within thirty (30) days of adoption of the assessment without interest at the Eagan Municipal Center. If you pay after the thirty (30) day period, interest will be charged from the signing date to December 31 st of the current year. The undersigned, for themselves, their heirs, executors, administrators and assigns, hereby consent to the levy of these assessments, and further, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects in any proceedings related to this assessment, and further waive the right to object to or appeal from this assessment made pursuant to this Agreement. Dated: 7 1994. Gre o at man Valerie A. Rath an 55 , AVV4L BRADLEY SM17H &AQ WTMY PUMA -W NWA DAKOTA 000NTY M~a.wr.~rt•~.~aa~oo RATHMAN ELECTRIC INC TEL No.6865041 Aug 19,94 1722 No.003 P.01 RECEIVED AUG 19 1994 C_ Pn 0 T EC T wo 6 4 s RATHMANS 3760 BIACICHAWK ROAD EAGAN MN, 55122 August 19,1994 TO; MY OF EAGAN AM: MR. MSCHT RE: SPECIAL ASSESMENTS Dear Mr. K.hcht, previously we signed a waiver of hearing to have two water services installed on our property whilo Bhdchawk road was under construction. *foday the digging took phee and, a' water service was found approximately three feet north of our driveway. This service must not have been shown ou an as built drawing, as it was a surprise to all of us but, it would "ply the typographical error on the special assesment record for the sanitary sewer stub. Because one water service already exists, we only have a need for one additional service. Please adjust our assesment accordingly. Yours truly, Clre Radm ut Post-ft" brand fax transmittal memo 7671 F# of P-g- ► 1 'ierc "eP r~•A CO. Co.! r P ana " Sept. Potz r Fsx M Re96% 6865041 08-19-94 04:54PM P001 #11 { L ~ ~ t C-i o~ tz ,mac ~~s WAIVER OF HEARING NO. 468 PROJECT NO. 665, BLACKHAWK ROAD SPECIAL ASSESSMENT AUTHORIZATION 0 kA a s.Pva. a{ yJ f 14 1- 1 A?.eCauS f on'r S.orti.:t< We hereby request and authorize the City of Eagan, County of Dakota, State of Minnesota, to assess the following described property owned by us: Plat and Parcel No. 10-01700-010-76 S*Avo/d ASSESS' Fop, a» ly 0,4 it $"-Q'rv; c for the benefit received from the following improvements: Item uantit Rate Amount 1" Water Service each $1,048 Estimated at plus Indirect Costs t $24,9&A.0 /04-$.ov to be spread over 15 years at an annual interest rate of 6.5% against any remaining unpaid balances. You may pay any portion of this special assessment within thirty (30) days of adoption of the assessment without interest at the Eagan Municipal Center. If you pay after the thirty (30) day period, interest will be charged from the signing date to December 31 st of the current year. The undersigned, for themselves, their heirs, executors, administrators and assigns, hereby consent to the levy of these assessments, and further, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects in any proceedings related to this assessment, and further waive the right to object to or appeal from this assessment made pursuant to this Agreement. Dated: 7 1994. Grego at man Valerie A. Rathman BRADLEY SMITH WTARY FJRX -MOMNA DAKOTA COUNTY way■=== WAIVER OF HEARING NO. 472 PROJECT NO. 665, BLACKHAWK ROAD SPECIAL ASSESSMENT AUTHORIZATION We hereby request and authorize the City of Eagan, County of Dakota, State of Minnesota, to assess the following described property owned by us: Plat and Parcel No. 10-01700-010-76 for the benefit received from the following improvements: Item Quantity Rate Amount Street and storm sewer 5 each $3,500 $17,500.00 reconstruction single family lot equivalents to be spread over 15 years at an annual interest rate of 6.5% against any remaining unpaid balances. You may pay any portion of this special assessment within thirty (30) days of adoption of the assessment without interest at the Eagan Municipal Center. If you pay after the thirty (30) day period, interest will be charged from the signing date to December 31 st of the current year. The undersigned, for themselves, their heirs, executors, administrators and assigns, hereby consent to the levy of these assessments, and further, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects in any proceedings related to this assessment, and further waive the right to object to or appeal from this assessment made pursuant to this Agreement. Dated: Z 1994. Gre ry man Valerie A. Rathman STATE OF MINNESOTA ) COUNTY OF_Ddkt-k ) On this day of , 1994, before me a Notary Public within and for said County, personally ared GREGORY J. RATHMAN and VALERIE A. RATHMAN, husband and wife, t me personally known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. p KQ~ y' Eoftcoumy iW AN , Notary Pub FOR CITY USE ONLY Reviewed: ekl'~ S~' ~ Eagan Public Works Department WAIVER OF HEARING NO. 473 PROJECT NO. 665, BLACKHAWK ROAD SPECIAL ASSESSMENT AUTHORIZATION We hereby request and authorize the City of Eagan, County of Dakota, State of Minnesota, to assess the following described property owned by us: Plat and Parcel No. 10-01700-010-76 for the benefit received from the following improvements: Item Quantity Rate Amount 8" sanitary sewer service 1 each $10,000 Estimated at plus Indirect Costs $10,000 to be spread over 15 years at an annual interest rate of 6.5% against any remaining unpaid balances. You may pay any portion of this special assessment within thirty (30) days of adoption of the assessment without interest at the Eagan Municipal Center. If you pay after the thirty (30) day period, interest will be charged from the signing date to December 31st of the current year. The undersigned, for themselves, their heirs, executors, administrators and assigns, hereby consent to the levy of these assessments, and further, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects in any proceedings related to this assessment, and further waive the right to object to or appeal from this assessment made pursuant to this Agreement. Dated: 1994. 9 Greg J athman Valerie man I i STATE OF MINNESOTA ) COUNTY OF ) On this day of , 1994, before me a Notary Public within and for said County, personally eared GREGORY J. RATHMAN and VALERIE A. RATHMAN, husband and wife, to me personally known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. BRADLEY SMITH NOTMNY FAA - MW E A E9 DAKOTA COUNTY w cocoa ~ m. so, aooo Notary Pub FOR CITY USE ONLY Reviewed: C&-)-ZVt~ 7 Eagan Publ Works Department 7~r 7~, 7 6rPGr d H q ~ O s 701bldtV 4F czagan THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members July 7, 1994 THOMAS HEDGES CERTIFIED MAIL City Administrator E. J. VAN OVERBEKE City Clerk GREGORY AND VALERIE RATHMAN 3760 BLACKHAWK ROAD EAGAN, MN. 55122 RE: Street and Utility Reconstruction Dear Mr. & Mrs. Rathman: This letter is a follow-up of your letter dated June 30, 1994 and our telephone conversations of July 1 and July 6, 1994. Several of the important items we discussed are as follows: We received your letter dated June 30, 1994 and your request of $7,200 for the temporary construction slope easement. The City staff reviewed your request and cannot support the $7,200 cost for the temporary slope easement and I made a counter-offer on behalf of the City of $5,000 which City staff feels we can support and take to the City Council for approval. This $5,000 can be used at your discretion. On July 6, 1994, 1 received your call and you indicated that you would accept the $5,000 offer with a condition that you would receive City staff support for the platting of two lots with septic systems. The $5,000 is for the temporary slope easement only and cannot be tied to staff support for platting your property. have prepared two Waiver of Hearings. One for the proposed street assessment and one for the sanitary sewer service without a proposed manhole at the property line. The City will require that the attached Waivers be signed and returned to the City along with the slope easement I sent to you originally as part of the proposed settlement by July 18, 1994. If you should decide to hook your home up to the sanitary sewer service and the City has a signed Waiver, there will not be a need to enter into a separate agreement for your home hook up only and would not have to pay a one lot equivalent at the time of hook up as stated in my letter of June 21, 1994. MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY EAG 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN P EAGAN, MINNESOTA 55122-1897 EAGAN, MINNESOTA 55122 PHONE: (612) 681-4600 PHONE: (612) 681-4300 FAX: (612) 681-4612 Equal Opportunlty/Afflrmative Action Employer FAX: (612) 681-4360 TDD:(612) 454-8535 TDD:(612) 454-8535 Page Two July 7, 1994 If the City does not receive a response from you by July 18, 1994, then the City will construct the retaining wall as originally planned. Sincerely, ~aI~6 k Edward J. Kirscht Sr. Engineering Technician cc: Mike Foertsch, Asst. City Eng. John Gorder, BRAA Brad Smith, City Attorney's office Encl. 4 copies Waiver of Hearing for Street Assessment 4 copies Waiver of Hearing for Sanitary Sewer Service EJK/je LOT WCV J.- 6~ V .R- I&Ic ? ~S RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT In Connection With Project No. 665 In consideration of One Dollar and other good and valuable consideration, GREGORY J. RATHMAN and VALERIE A. RATHMAN, husband and wife, as fee owners of the property located in the City of Eagan, County of Dakota, State of Minnesota and legally described as: See Exhibit "A" (Certificate of Title No. ) attached hereto and incorporated herein by reference. do hereby consent to the entry by the City of Eagan, its designated agents and assigns and by the general contractor employed by the City, its subcontractors and agents, onto that portion of the above-described property as legally described in Exhibit "B" attached hereto and designated on the construction easement sketch attached hereto as Exhibit "C", for site grading purposes in connection with the construction of a public improvement in the form of street utility and trail reconstruction of Blackhawk Road and Blue Cross Road, City Contract No. 94-03, pursuant to the plans and specifications on file with the City of Eagan. The undersigned parties hereby agree to permit the entry and use of the above described property by the City of Eagan and its designated agents for the purposes set forth herein. The City of Eagan, its agents and assigns, and the general contractor, agree by accepting this Right of Entry and Easement, that at the conclusion of street reconstruction the above described property will be restored to a condition equivalent to or better than its condition as of the date of this agreement. The undersigned parties, their heirs and assigns, do covenant with the City, its successors and assigns, that they are the owners of the lands and premises aforesaid and have good right to grant and convey the easements herein to the City. This Temporary Construction Easement shall remain in effect until June 15, 1995, and at such time it will automatically terminate and be null and void without notice or without further action by any party hereto. j Dated this J/_/_/ day of `,Jae 1994. Gr o . Rathman Valerie A. thman STATE OF MINNESOTA ) ss. COUNTY OF On this day of , 1994, before me a Notary Public within and for said Cou y, personally appeared GREGORY J. RATHMAN and VALERIE A. RATHMAN, usband and wife, to me personally known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Notary ~~611 APPROVED AS TO FORM: BRADLEY SMITH WTMV FU" - MM/IWA DAKOTA COUNTY Ci y Attorn ' e Dated: APPROVED AS TO CONTENT: Public Work's Department Dated: v 14 I q9' 0 THIS INSTRUMENT WAS DRAFTED BY: SEVERSONr WILCOX & SHELDONr P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, Minnesota 55124 (612) 432-3136 MGD/wkt Exhibit Ail that part of uuvareusant kut Swan (1) in Sectlan Suventoen (17), luwessbip Twenty-seven (27), kango Twenty t.1sree (231 described as follows, to-wet: Commencing at the Southeast ISE).corner ni said Lot Saver (7), thence Vwvt Eighty rods to the southwest corner of said Lot Seven (7), thence North Thlrty-six (36) rods, thence East twenty (20) rods, thence South Six (6) rods, thence rest Sixty (60) rods, thenco South to place of beginning, containing fourteen and Forty-six hundrodUis (14.16) acres, care or less, according to the Covermmnt survey thereof. Excepting and reserving unto Knots P. Staliaad and his wife, CatniMu P. Stallard, their heirs, successors and assigns forever, a oeroetual easement for roadway purposes over a strip of land one (1) rod In width along the south section tine of said Sactian S/ventv*n (17) (together with an easement on the ad,iecent lend along the northorl,r Side of said strip for such slopes and rills as are reasoeabtr necessary to into such roadway safe and passable), ascending from the southwest corner of said Government Lot Serer (1) to the southeast corner of said 601er Ont tot Seven (7); that Is to say caulactiny the Count road as now laid out along the westerly side of so d Government Lot Seven (7) with Government Lot four (4), Sectit Sixteen (h). rownsnip Twenty-seven (27), longs Twenty three 193). Subject to an easement obtained by. the-Northam Natural r WS rtaoueny nn 3mw! 1111 1941 and duly recorded to Rm* 49 of Miscellaneous Records pages 299-700. Subject also tb the interest, it any, of the state of Minnesota to the water and bed of Black flawt Leta. Excepting beylnniug dt,a point 66 fast South of the northwest corner of the South one half (S)) of 'the Southeast querte (SEi) of the Southeast quarter (SEi) or Section Sevoettaen (17) Uvaship Twenty-seven (27) North, Ramta 23 Vest,thence East 330 feet, thence South 35.1 feet. thence South 83 degrees 42 minutes west 334.9 feet to the west line of said South one halt (Sl) of the SOUttaedst qudrtar of the southeast quarter (SEi of Sfil, %Mece North 70 feet to the point bf Winning. =%aic 0.53 of.an acre. according to_jhs aeverrr.ent Surv r thareof. r Exhibit "B" An easement over, under, and across the following described property: The South Half of the Southeast Quarter of the Southeast Quarter of Section 17, Township 27, Range 23, Dakota County, Minnesota. Said easement described as lying between line 33.00 feet and 48.00 feet easterly of and parallel with a line described as commencing at the southeast corner of said Southeast Quarter of Section 17; thence North 89 degrees 55 minutes 29 seconds West, assumed bearing, along the south line of said Southeast Quarter of Section 17 a distance of 1301.05 feet to the point of beginning of the line to be described; thence North 2 degrees 57 minutes 25 seconds West a distance of 245.55 feet and said line there terminating. Together with an easement described as lying between lines 33.00 feet and 43 feet easterly of and parallel with a line described as beginning at the terminus of the last described line; thence continuing North 2 degrees 57 minutes 25 seconds West, along said last described line a distance of 150.00 feet and said line there terminating. shortened to The sidelines of said easement are to be • terminate at said south line of the Southeast Together with an easement described as lying between Lines 33.00 feet and 48.00 feet easterly of and parallel with a line described as commencing at the southeast corner of said Southeast Quarter of Section 17; thence North 89 degrees 55 minutes 29 seconds West, assumed bearing, along the south line of said Southeast Quarter of Section 17 a distance of 1301.05 feet; thence North 2 degrees 57 minutes 25 seconds West a distance of 455.55 feet to the point of beginning of the line to be described; thence continuing North 2 degrees 57 minutes 25 seconds West a distance of 75.00 feet and said line there terminating: The sidelines of, said easement are to be prolonged or shortened to terminate at the south line of the following described property: Beginning at a point 66 feet south of the Northwest corner of the South one half (Sk) of the Southeast Quarter of the Southeast Quarters (SE;) of SE;) of Section 17, Township 27 North, Range 23 West; thence East 330 feet; thence South 35.1; thence South 83 degrees 42 minutes West 334.9 feet to the west line of said South one half (SZ) of the Southeast Quarter of the Southeast Quarter (SE; of SE;); thence North 70 feet to the point of beginning as described in Certificate of Title No. 4933. Exhibit "IC" 090-75 _ I , . 1 tiI 15' TEMPORARY CONSTRUCTION EASEMENT ' I CL STA. 61+60 ~I 1 m • CL STA. 61 +00 I t ~1 C13 + 10' TEMPORARY Is CONSTRUCTION EASEMENT l } CL STA. 59+50 1 010-76 I CERT. NO. 97618 j 3760 i 1 ! I s ~ ~1 I 15' TEMPORARY I CONSTRUCTION EASEMENT N ~ I SILVER BELL ROAD j t 0 50 100 w ~ Scale in feet _ + _ Bonestroo TEMPORARY CONSTRUCTION EASEMENT Rosene 0 Anderlik & EAGAN, MINNESOTA FIGURE 010-76 Associates BLACKHAWK ROAD CITY PROD. No. 665 n iwic ood COMM. 49546 SEVERSON, WILCOX & SHELDON, P.A. LARRY S. SEVERSON A PROFESSIONAL ASSOCIATION KENNETH R. HALL AkMES F. SHELDON ATTORNEYS AT LAW SCOTT D. JOHNSTON J. PATRICK WILCOX LOREN M. SOLFEST MICHAEL G. DOUGHERTY* 600 MIDWAY NATIONAL BANK BUILDING ANNETTE M. MARGARIT MICHAEL E. MOLENDA 7300 WEST 147TH STREET *BRADLEY SMITH APPLE VALLEY, MINNESOTA 55124-7538 SHARON K. HILLS (612) 432-3136 ROBERT B. BAUER TELEFAX NUMBER 432-3780 OF COUNSEL: JOHN E. VUKELICH May 4, 1994 Mr. Eugene Van Overbeke~ Eagan City Hall 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: Nichols Torrens Proceeding Dakota County Court File #C6-94-7022 Dear Gene: At your request, our office has reviewed the above-referenced Order to Show Cause and compared it with the current Certificate of Title. The Proposed Order, which will be entered on May 25, 1994, will continue to recognize and will carry forward the City of Eagan's Ponding Easement which is memorialized as Document No. 85395 on the current Certificate of Title. Since the City's interests are adequately protected by the Proposed Order, there is no need for us to appear at the hearing on May 25. Attached is a copy of the order to Show Cause, and a copy of the Title Search which attaches a copy of the Certificate of Title. Very truly yours, SEVERSON, WILCOX HELDON, P.A. Br ley Smith BS; pjk Enc. cc: James F. Sheldon, Esq. INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA, WISCONSIN OR NEBRASKA -CERTIFIED REAL PROPERTY LAW SPECIALIST, MSBA STATE'OF MINNESOTA IN DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT COURT FILE NO. C6-94-7022 In the Matter of the Petition of: W. R. Nichols a/k/a William R. Nichols in Relation to Certificate of Title ORDER TO SHOW CAUSE No. 9 7 618 issued for land in the County of Dakota and State of Minnesota legally described as follows, to-wit: t, L 4t See Exhibit "A" attached hereto. ¢ 57 NORTHERN NATURAL GAS COMPANY; .(p GREGORY J. RATHMAN; VALERIE A. RATHMAN; d~ t) CRAIG J. HAMILTON; LAURA L. HAMILTON; SANDIA MORTGAGE CORPORATION; FIRSTAR BANK OF MINNESOTA, N.A.; 7 DAVID TODD ANDERSON; Gt MARILYN JOYCE ANDERSON; FIRST UNION MORTGAGE CORPORATION; ¢-7 TO: MARQUETTE BANK MINNEAPOLIS, N.A.; BRUCE R. OLSON; VIRGINIA A. OLSON; FIRST BANK NATIONAL ASSOCIATION; GREGORY I_ MATHISOIF; e LEIGH D. MATHISON; INVESTORS SAVINGS BANK, F.S.B.; THE CITY OF RAGAN; and to parties, if any in possessLon of said premises adverse to the Petitioner. Upon receiving and filing the Report of the Examiner of Titles in the above entitled matter, of IT IS HEREBY ORDERED, that you and all persons interested, appear before this Court on the 25th day 19 94 , at 9:00 a.m. in the Dakota County Government Center, Hastings, Minnesota, and then, or as soon thereafter as said matter can be heard, show cause, if any there be, why this Court should not enter an Order as follows: See Exhibit "B" attached hereto. IT IS FURTHER ORDERED, that this Order be served: (a) at least 10 days prior to such hearing upon the above named parties residing in this State in the manner provided by law for the service of Summons in a civil action; (b) it shall be served at least 14 days prior to such hearing upon any of the above named nonresidents by sending a copy of this Order to such nonresident at his post office address, by registered or certified mail, return receipt; (c) it shall be served upon any party who cannot be found by two weeks published notice and by sending a copy of this Order at least 14 days prior to the hearing by first class mail to such party at this last known address and by sending another copy of this Order at least 14 days prior to the hearing by first class mail to 'his address as stated cn the Certificate of Title d an add- s is so st ed. J G~ DATED: C BY THE RT: AP OVED: JAMES O'CONNELL E INE TITLES Judge o District Court Y: i ES P. 0' N C5 I, Mt Atto ey for Petitioner Jeffrey A. Levy The r'n lruui aria , Suite 12(14 Attendance is not required at said hearing except to object to Address 5500 Wayzata Blvd. the entry of the above described Order. M i Tin e a po 1 i c, D01 5.141.6---- Telephonb 4 6- 5 6 0 5 aai In2M EXHIBIT "A" All that part of Government Lot Seven (7) in Section Seventeen (17), Township Twenty-seven (27), Range Twenty three (23) described as follows: to-wit: Commencing at the Southeast (SE) corner of said Lot Seven (7), thence West Eighty (80) rods to the southwest corner of said Lot Seven (7), thence North Thirty-six (36) rods, thence East Twenty (20) rods, thence South Six (6) rods, thence East Sixty (60) rods, thence South to place of beginning, containing fourteen and forty-six hundredths (14.46) acres, more or less, according to the Government Survey thereof. Excepting and reserving unto Knute D. Stalland and his wife, Cathinka P. Stalland, their heirs, successors and assigns forever, a perpetual easement for roadway purposes over a strip of land one (1) rod in width along the south section line of said Section Seventeen (17) (together with an easement on the adjacent land along the northerly side of said strip for such slopes and fills as are reasonably necessary to make such roadway safe and passable), extending from the southwest corner of said Government Lot Seven (7) to the Southeast corner of said Government Lot Seven--' (7); that is to say connecting the County road as now laid out along the westerly side of said Government Lot Seven (7) with Government Lot Four (4), Section Sixteen (16), Township Twenty-seven (27), Range Twenty three (23). Subject to an easement obtained by the Northern Natural Gas Company on June 16, 1941 and duly recorded in Book 49 of Miscellaneous Records, page 299-300. Subject also to the interest, if any, of the State of Minnesota to the water and bed of Black Hawk Lake. Excepting beginning at a point 66 feet south of the northwest corner of the South one half (Sh) of the Southeast quarter (SE;) of the Southeast Exhibit "A" continued. quarter (SE4) of Section Seventeen (17), Township Twenty-seven (27) North, Range 23 West, thence East 330 feet, thence South 35.1 feet, thence South 83 degrees 42 minutes West 334.9 feet to the west line of said South one half (Sh) of the Southeast quarter of the Southeast Quarter (SE; of SE140, thence North 70 feet to the point of beginning, containing 0.53 of an acre, according to the government Survey thereof. EXHIBIT "B" That the Registrar of Titles, upon the filing with him of a certified copy of this Order, and with the surrendering of the Owner's Duplicate Certificate of Title, cancel Certificate of Title No. 97618 and enter a new Certificate of Title for the land therein described in favor of W. R. Nichols a/k/a William R. Nichols subject to the Memorial of Document Nos. 85395, 1 and 01 6529, but free from all other Memorials now v appearing on the present Certificate of Title, the last of which is Document No. 286529, and free also from the Memorial of this Order. That the Registrar of Titles is also instructed to remove from the body of Certificate of Title No. 97618 the following easements: Excepting and reserving unto Knute D. Stalland and his wife,. Cathinka P. Stalland, their heirs, successors and assigns forever, a perpetual easement for roadway purposes over a strip of land one (1) rod in width along the south section line of said Section Seventeen (17) (together with an easement on the adjacent land along the northerly side of said strip for such slopes and fills as are reasonably necessary to make such roadway safe and passable), extending from the southwest corner of said Government Lot Seven (7) to the Southeast corner of said Government Lot Seven (7) ; that is to say connecting the County road as now laid out along the westerly side of said Government Lot Seven (7) with Government Lot Four (4), Section Sixteen (16), Township Twenty-seven (27), Range Twenty three (23). Subject to an easement obtained by the Northern Natural Gas Company on June 16, 1941 and duly recorded in Book 49 of Miscellaneous Records, page 299-300. That a certified copy of this Order be filed against Certificates of Title Nos. 79236, 70965, 71700, 72262 and 78981 and on future Certificates of Title the recital of the following easement: Excepting and reserving unto Knute D. Stalland and his wife, Cathinka P. Stalland, their heirs, successors and assigns forever, a perpetual easement for roadway purposes over a strip of land one (1) rod in width along the south section line of said Section Seventeen (17) (together with Exhibit "B" continued. an easement on the adjacent land along the northerly side of said strip for such slopes and fills as are reasonably necessary to make such roadway safe and passable), extending from the southwest corner of said Government Lot Seven (7) to the Southeast cornier of said Government Lot Seven (7); that is to say connecting the County road as now laid out along the westerly side of said Government Lot Seven (7) with Government Lot Four (4), Section Sixteen (16), Township Twenty-seven (27), Range Twenty three (23). be removed from future certificates. NRR 27 '94 16:2 CI TILE, INC. P.1 'DAT'E 04/27/94 IyV'OICE# 124458 Page 1 of 1 REAL ESTATE LOAN INFORMATION Bank: Severann, Wild x & Shel nn A Charge: 75. Attn: arlgne t206-1g301 Applicant: Registered Owner: w. R. Nichols aka William R Nichols and Suzanne Address of Property: 3760 8 ckh k Road a an Minnesota Date Posted Thru: 02101 4 County of: DA„KOTA Property : ToRENSowners Duplicate: BjXnick & Lifson, 11-19-9.3 PID # : 10-01700-010-76 Deed: CERTIFICATE OF TITLE number: 97618 - Filed: 09I16M Documeeent: CONTRACT FOR E to GrgcLoor T. & Valerie A. Rathman >dlumber : 2 8 fi§29 filed: 09116193 Amount: S300g000.0o Document : Humbert Filed: Amount: Document : Number: Filed: j / Amount: Judgementat No NAME SEARCH REMSTED TAX INFORMATION --'-^---r Taxpayer: Gregory J. & yalerie eta: bnnan Delinquent Taxes: CLEM - Taxes for 1914 5118.95.94 TaY Liens (County Recorder)- 1S T112 DUE N&Y 15TH Federal: PLO NAME SEARCH R OUESTE special CLEAR Assessments Sat Market Value: S216f400.00 State: NO NAME SEARCH Legal Description of Property: SEE PROTOS 1nM Desijmated Flood plain: IQ! 01 -0 0 8-1-7 Com ments : *W ' en Bo DMK Report Completed by "CREDIT INVESTIGATORS / C.I. TITLE, INC." 203 Little Ceeada Road, 5t. TeuL, W 55117 Phone +82-7731 This report is furnished for the use end benefit of the requesting party. The O&Wity of the reporting company is Limited to the auount paid for in said report. i~ 27 '34 16:28 CI TITLE, INC.' • P.2 LerTITlCUte of Ti*tle (.t;,l,iuti• ,~'a:. (~r(~1 i 8 fhlcuntr,)r ,\'ei. 2tl6529 /JietnCt C:<;uit Nr). 'I rao,iar riOW 1',:. 6 2 2 (1 9 (hiftIrri(lll I.vn:rrr;t r)!: 311 'Itly(i September 11) s9 t-i,lum,. Thivrwn w, L3ii 5tslllit c►C Atilr~rl@~(►t:i,l J Ce,unty ut' Urtitetilla. i 12eJ 6 /it rrN/~/, /J1n/ W. R, Nlchois d/ki`d Wiilidat R. Nichols, 8925 Xerxes Ave. $t), city of "01;"apoljs, Ilenncpin County, Mjnnosota; and Suzanne Wigen Boil, 659 Rear Trap Court 4 r1Jr r. i ty „ Amery Cioule y ,d N>I h urhl Jrl)t.• tie A15COiiYiB ore e.Ir. fee simple of urtd in the iurlo:cinU dr.i.:rilA•J hu),! airJ,ur.tl it) Jhv ( tainat ti/ )ahioia al)d State ui Nit,I)nt'xrriLl, tN tdit• AI I that part 0 .iuveri'meitt l", r, Sey211 (7j ill section Sdyttnr•J (?h (0), low! ahtN Iw4:J7r.y-aevefl (271, Rahg,~ lworit.•y f.hret: PA) dOSCr'lbrd as f'urluws, tO-wt LC Commencing ut the Sotithedst (SE) corner I) said I.ct Sever[ (7), theri a Wert Fighty (M) rods to the Southwest corner of Said Lot Se46n (7), thence North Thirty-LIA (36) rods, Lnerte East Twenty (20) rOdS, Lmnce ;,Muth Six (fi) rods, thenr,4 vast Siotty (60) rods, thence South to place ct Delfinninc.;, contai,nina tourteen aril! WLy-six hundrudtliS (14.46) dcres, move Or less, iccording to the fnvernment survey thereof. Exceptiny and reserving unto Knute p. Stallard and his wife, Catninka P. Statlana, tnair heirs: successors and assigns forever, a perpetual easement for roadway purposes over, a strip of lams one 11) rod in width dlonrJ the south section line Of solid Section Seventeen (0) itrgether with an easement on the ad.lacent land along the northerly side of said strip for such slopes and fills as are reasonably ndcesiary to make such roadway safe and passable), extending from the Southwest corner of said Government Lot Suter (7) to the, Southeast corner of sail! Gcvernment Lot Seven (7); that is to say c:orrnecting the County road is now laia out along the westerly side of said Covernrnent Lot Seven (7) with Government Lot Four (4), s MOII Siatmn (16), rowf,Shtp Twenty-severs (21), Range Twenty three (23). Subject to an easement Obtained by the Northern Natural rids Camininy Mn June ifs, 1941 ana duty recerded in honk 49 of Miscellaneous Records pages 299-300. Subject als•) to the interest, if ally, of the State of Minnesota to the water and teed Of !Slack hawk Ldk¢. Excepting beginuiuy oL a point 66 feet south of tire northwest corner of ttw South orre 4itlf (SJI of the >nuttteast quarter (SW of the Southeast Quarter JSEJ) or section Sevonuen (17), Tuwnship Twenty-seven (27) North, Ranc)v 23 West,thertct East 330 feet, thence. SMt,'th 35.1 feet, thence South 83 degrees 42 minutes west 334.9 feet to thiet west line of said South one halt 151) of the Sout.1wast yudrter of the Southeast quarter (SEj of -SW, thence North 70 'feet to the point i)f beflinnitlg, coatair.ius; 0.53 of an acre,, according to tree Govertm ent Survey thereof. SLJGj:rt to the encttnthruA:ex, liens and iAtrreit ftufrd Ill (hr liwilt,rt'i(d undrJ'tur)tleft or eridoned hrreon; and uthjerf to (hehill ,tt•tuyl rivhn ut i'ttaNtllrraM'lt, Fitl)•Slxh/7ff. ui prtJcl'( 4l in f.utl'S 11/05, (.'hupte, ;1) 5. ,ScclUji) 24. tnrawly' I.n•ns, i faints. ur rights urisinv undef the lulus (x the C:01t46lu601) of rhr United Stories. tunich the ,,totulcx i)i this ntutr runnu+ rerluiit• 4(IJlrrir 111 re.-.,rd. " 2_ Any re,d property Juz r,r sPericif us.,essment fw which a sole o1 the land has nor been had at the date :f ihi' ceruficua of t:iie. I_ Arta lease for a period Mf not eaCeedin[I 0)rre years, cvl&ri rhrr, is nifJtaf tur(4pction of for yxcvnfu% under the 1iasr 4. All ri:{his in ptihirc highways Cumin 1bt• land: 5. Such rivid of upprul or rtuht to appear and raalest the uppbrarian as is allowed by laeu; n, 'I hr riurlux t,f any jseev)rJ in, pim.%coo. ion under deed or tnn+rr,'rf I(,r drrtf irrn)) floe nwrx r al the ire liticdly "')i rithf ' • ,INN Utf11(4lydtiltt r?A•thliod a hol Iiglon u,h:;il 1104to 1t1'1 44W/,'1' M'; IL+rJx r•) sir fV 11-1 17 1 hui tla xwti W. R, Nichols ail/a xillidai R, Nichols jS trl Ihr;t,le ee! yn ur:,. is 111,nii„l to Dnntd M. Nichol en.1 is tisidcr Plil fi df,hru 'rh.it the said S,rvanuF. 4j/c)e/tl Rgll is of the uge 01 44 years, is INarf•icd t0 ilffvid L. Boil and is under nO disability_ 11d. W44 1 We, hcretuit., ;1110r un,t it;lt.•: fir tile' Acid 4 :L[i u11,i r. rh:, 16th dttu ,d I.lepMwer ill y3 JAMES N. DOLAN 11011NOUt- trf T HIM or ,tor,! lot fh.' <'t.[:nn1 ut 1)(4k. ,t,t .u):{ elide,, 01 ISLinrra +Ja. roP 1140Ill.11. u! NA180trr, hareJlrteeir ar t'h0ryetr opts the Laraid deRreribed in Ike ('eii-i flrufe of Title herete eueptrhedl. uw.uatnl . II GAtr M xt tsI;iA 1.) 1 :,elt FeIRVMteI rarnm ..,.ur,,.. n w,lu) w, loom mkim ' ,;yrJth a.+ trim ~i NNJdhi AURNING IN WON or ~ SIwt ,UNE Of Nt.iSINAN 85+u5 Inding tase t rd Iii OTt+t. ~t•' I ' A ~ nut)) City of Eagan 0c t.' 14 1976 9 10 4 96$1.1 James Fr;utchis I 139751 '!lfeeU Of A ppu,tenan~ EolSeme~t li Cyril T. harry to Norse Dewclo liens ✓ Augi l9 4 4 f ii li I '04; $10.0 co. (per at 1 e sealer t for, drajt a, uti ity & rn' away purGO5e5 f )r the Denetit it it Lo 4, Sec 16, Twp. It Ring 23-- ee Doc.) ]aims N. Wall flJ6ry i (10363 I,Amertued Cert of Al,tn rity t N IntorNcrth, enc. Fur;ner ly Fur'd tit i t IJurlc it l9 11 1 I 4 26 'S0 - Natural Gas Company 3ame5 N. I;Folan ~p 25f,4137 ;Cert. of Ave a. (To! tot' rttl, !114 1 Nnrtt*rn Natural GaS Company ,V)r. N O 199r (4;3u 3 27 'pf liunr.5 N. ool it) ND ' n.61flil 1tert, ar Mme cl o: !Ent Cor'1wro1 )n) ntpthr,rtn, inc. I%r n I . rtp~ ;4:30 4 IU~ ~fi5 - ~ 3ames 4. Dolan is u 4~ 9. I _ MEMC7, R 27 '94 16:29 CI TITLE, INC. P.3 s MEMORIAL ~ \ 0~~,^IV lG wc~Yt~r r n~YrkrXe n DATE of Awl"Itumm M= 'CHI 101 1100A OF Vow uff W MO7RUMtMf SIG7YINRr RfGI5111A01 MVYN~ l ,YS _ -110XIX OAY Y!A!- ~MWINIIIG - _ 4AY list 256489 Cert. - of for PCti rR To: Enron Corp) Enron Corporation pr. 0 1992 4.-30, 4 16 '85 James N. Dolan 256432 Conveyance A siJn. b iil f 5a a anU 0 1tle IwicE,,ron Corp. to Northern Nature! (49 MR 299) AD . 30 ,99 4:30 12 31 '9 - sjCompany f3a,aes N. Dolan 2(i65Z9 Contrart Pori Sep F !953 10 9! 5 ~3U0 G ^.00 Nlllla+n R. Nichols b wf, onna K. r and Suzanne Wigen Bolt hus ~av)cil i Dead to Gregory J. RattinaA b Valet 0 A. a James N. Dolan Ij Rathman. i~t. 'fen. I, I I. I i i'i j ( II w 1 1 ~ i ! ~ a I' jl ~ I I i ' Il. is i I' If ~ ~ 6 III! c l I ;t I ' f I j , I it 1 4 ~ h it MEMO TO: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS FROM: RICHARD M. HEFTI ASSISTANT CITY ENGINEER, l(q . DATE: JULY 26, 1984 1.ol `I 5 ,0CV_ 1 61 vR-A- Gp- ES SUBJECT: AST QUARTER OF SECTION 17 AND 010-51 OF THE SOUTHWEST QUARTER OF SECTION 16 As you requested, the above parcels were examined as to the feasibility of providing gravity sanitary sewer to them. Parcel 010-76 is the Cy Barry Property and Parcel 010-51 is the Peter Stalland Property which is to be platted as the Blackhawk Lake Addition. As can be seen by the attatched sketch, the area highlited in green can be serviced by gravity sewer from Blackhawk Road. This area amounts to 7.6 acres on Cy Barry's property and 0.38 acres on Peter Stalland's property. The area which is not serviceable by gravity sanitary sewer amounts to approximately 7.4 acres on Cy Barry's property and 3.12 acres on Peter Stalland's property. This acreage was measured from the high water level of Blackhawk Lake. Assuming this entire "non-serviceable" area could be developed at the R-1 zoning density, 22 units could be theoretically built on this area resulting in a sewage flow of 4.6 gallons per minute. Applying the peaking factor of 4 = 18.5 gallons per minute for a design flow for this area. Subsequently, a small 20 gallon per minute sewage ejector station would probably suffice similar to the one installed in the Blackhawk Cove area. However, the cost of the lift station alone would be approximately $25-30,000. In addition, the gravity service line which wuLd feed this area would be more expensive than usual since the installation of this gravity sewer would have to be along a very steep side hill. Another alternate exists which would be cheaper than installing the lift station and possibly about the same price as installing the septic tanks and drain fields. This would include installation of a small grinder pumping station at each house and tie these pumps into a common force main which would outlet into the Blackhawk Oaks Sanitary Sewer Addition. Similarily, this can be used for the unserviceable area for Cy Barry property., if it is possible to develop it. The cost of these units with a check valve would be approximately $400, not including installation. The four lots in the Blackhawk Lake Addition could be pumped into one 2" force main with each lift station having a check valve to prevent back-flow. This force main could be then directed into the sanitary sewer within the Blackhawk Oaks Addition. Likewise, these pumping stations could be installed at potential building locations in the non-serviceable area for the Cy Barry property and be discharged into a gravity service line which can service the serviceable area in green. Parcel 010-76 & Parcel 010-51 July 26, 1984 Page 2 Because of the cost of the small sewer ejector lift station and the difficulty in construction of a gravity sewer line to service the non-serviceable area to this lift station, I would recommend that this alternative not be considered any further. However, I would recommend researching further into the alternate which could provide for individual pumping stations for each house. Neverthe- less, I still feel that septic tank drain fields, when properly maintained, will provide adequate service to the four lots in the Blackhawk Lake Addition. I would recommend that right-of-access be granted to the City to inspect the septic tank and drain fields at least once every two years to insure the systems are being properly maintained. I will be happy to discuss any aspect of this memo in detail with you at your convenience. Assistant City Engineer Imo',,` RMH/sl I I I I I i ► 77/ C~ V 2 Ac~~ Glenn /~w 4, K/R ' 7~1//4m& low. R. Cook. P.E. JJ~L Keith A. Gordon, P.E. Otto G. Bonestroo, P.E. Thomas E. Noyes, P.E. L± 0 Robert W. Rosen, P.E. Richard W. Foster, P.E. Joseph C. Anderlik, P.E. Robert G. Schunichb P.E. 2335 rlll. `1w..i .{~•-L'Wv 36 Bradford A. Lemberg, P.E. Marvin L. Sorvaia, P.E. ~s Robert D. Frigaard, P.E. Donald C. Burgardt, P.E. k. na d, hfi- L 55113 Richard E. Turner, P.E. Jerry A. Bourdon `James C. Olson, P.E. Mark A. Hanson PA--• 612 - 636-4600 Steven M. Ouincey v~ Kevin K. Wolka, P.E. 12 Charles A. Erickson Leo M. Pawelsky December 28, 1979 O l )~,n~atii Harlan M. Olson rr David E. Olson ioa Mr. Cyril Barry 41>19 3 76~ 0 B Lu1hawL Rd . Eagan, Mn. 55122 Re: Blackhawk Lake Temporary Lift Station 9 Eagan, Minnesota File No. 49175 Dear Sir: This will confirm our several conversations with you in recent months relative to the lake level of Blackhawk Lake and, in particular, our discussion of December 28, 1979. The City is planning to install a temporary lift station at the west end of Blackhawk Lake to control the water level of Blackhawk Lake as additional water is drained into it from Fish Lake, certain lakes tributary to Thomas Lake and the spring snow melt. A 30 H.P. submersible electric pump will be installed near the outlet of the present storm sewer which discharges from Blackhawk Rd. The 8" diameter discharge line from this submersible pump will be installed within the 18" diameter storm sewer to the west side of Blackhawk Road. It will then extend out of the top of the heehive manhole and, will then be dis- charged into Robin Lane where it will drain to the north and west through several ponds and culverts into the open drainageway to the Minnesota River. This pump will be capable of pumping approximately 1000 GPM which will lower Blackhawk Lake approximately 1" per day. This lift station is a temporary in- stallation which will be operated only until the permanent outlet for the pond can be constructed. I The convenient installation of this temporary pump will necessitate bringing the pump in by use of the City rubber tired end loader through your pasture down to the storm sewer outlet. We will meet with you to select the most reasonable and practical route for this tractor to take across your pasture. The power for the lift station will be provided by Dakota Electric Company from two temporary transformers which they will install on the power pole near the northwest corner of your lot adjacent to Blackhawk Road. A large capacity rubber covered electric cable will provide the power to the submersible pump. Page 1. I Mr. Cyril Barry December 28, 1979 Eagan, Mn. 55122 Re: File No. 49175 The motor control and safety switch will be mounted on the power pole at Black- hawk Road. There will need to be no switch for power box at the lake. It is our understanding that you are agreeable to this temporary lift station and will allow the City to drive across your property to install the temporary lift station. It is specifically understood that it is a temporary lift station and that, no permanent installation will be made until after completion of our study on a gravity outlet versus a lift station outlet for Blackhawk Lake. When this study is completed, we will be discussing it with you and we will also have one or more public hearings relative to it before the City Council takes any action on a permanent outlet. We have appreciated your cooperation on this project and look forward to having it installed during the early part of January. If the above information correctly outlines the temporary lift station procedure which we have discussed with you, please sign and return one copy of this letter to us indicating your concurrence. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. W Robert W. Rosene RWR:li Accepted by: cc: Tom Colbert Tom Hedges B. Blomquist Cyril Barry Date: I Page 2. 05 PAUL H. HAUGE & ASSOCIATES, P.A. LOT vpck ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 PAUL H. HAUGE 139ADLEY SMITH AREA CODE 612 KEVIN W. GEOC TELEPHONE 454-4224 June 12, 1979 Mr. Robert Rosene BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES 2335 West Trunk Highway #36 St. Paul, Minnesota 55113 RE: Blackhawk Road Drainage. Dear Mr. Rosene: I am writing to let you know that I heard from Ross Kramer on June 6, 1979. lie indicated to me that Cy Barrv_is willing to sign the easement involved if there is a yearly cleanout and if the excess material is carried out of the area rather than spread on the adjacent lawns. In addition, Mr. Kramer is requesting that the drainage problem in front of his house be corrected before he signs an easement. The drainage problem is apparently that, rather than draining into the catch basin directly in front of his house, storm water runoff runs down onto his lawn in the front of the house and then goes around to the side. I think that there is probably some room for compromise, as Mr. Kramer indicated that as far as he is concerned, cleanout every two years would probably be sufficient. However, he is not sure whether Mr. Barry would agree to cleanout less often than once per year. Apparently, Mr. Barry's first choice is still to have a catch basin installed. In addition, Mr. Kramer indicated to me that Northwestern Bell is in the process of digging up the property in their area to bury telephone lines, so he feels it might reduce the cost of correcting his drainage problem if this is done in conjunction with Northwestern Bell's work. I should also add for what it is worth that Mr. Kramer stated that Mr. Barry may plug the existing storm sewer on his property if no settlement is reached this summer. Whether he would actually do that, I honestly do not know. It sounds as though we are as far apart as ever, but Mr. Kramer indicated that there may be some room for bargaining yet. Very truly yours, Bradley Smith BS: cdg/~ cc: v m. Hedges Tom Colbert I PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 PAUL H. HAUGE AREA CODE 612 BRADLEY SMITH April 18, 1979 TELEPHONE 454.4224 Mr. Ross Kramer 3750 Blackhawk Road Eagan, MN 55122 - Mr. C ril T. Barr 3750 Blackhawk Road Eagan, MT 55122 RE: Blackhawk Road Drainage Dear Sirs: I have been informed by Robert Rosene, Eagan's consulting engineer, that the City is prepared to remove the excess material in the pond behind your houses and to respread the material on shore and reseed the area this spring. How- ever, the City will need to obtain storm sewer easements for the area involved before the work can be done. These easements have been delivered to each of you. I understand from receipt of a letter dated March 20, 1979, from Mr. Rosene to Mr. Kramer, that Mr. Rosene's opinion is that periodic cleanup of the lake is a better remedy than a catch basin, since a catch basin would be expensive to install, difficult to clean and would not prevent most material from being deposited in the lake. He also feels that the need for cleanup will be mini- mal after this year since most development in the area is complete. Would each of you be kind enough to contact me regarding this proposed solu- tion? If agreement can be reached soon, the chances are better that the lake can be cleaned up in the near future. As construction season gets underway, it will be more difficult to find a contractor with time to do the work. Very truly yours, Bradley Smith BS:me LET . bLC~K PAUL H. HAUGE & ASSOCIATES, P.A.1 y~ ~~Z el~ ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HAUGE AREA CODE 612 BRADLEY SMITH November- 1, 1978 TELEPHONE 454-4224 Mr. Cyril T. Barry 3760 Blackhawk Road Eagan, MN 55122 RE: Easement and drainage question; Dear Mr. Barry: Robert Rosene, the City Engineer, and I talked with you a few weeks;aga about problems with run-off.from Blackhawk Road into the pond behind your house and about the storm sewer easement that'the:City is request- ing for the storm sewer now in place on the Kramer property and your property. During that meeting your position was that you.wanted the City to clean out the pond every year in return for your signing the easement for'the present storm sewer. Mr. Rosene's,position was that it would be unnec- essary to clean out the pond every year, but that the City would clean out the pond if conditions required it if the storm sewer easement is signed. He feels that with better street cleaning and with the slow- down of development in your area, the problem will be much reduced in the future, so that it will be unnecessary for the City to clean out the pond every year. You mentioned that evening that you would talk over the question with your neighbors, the Kramers, and get back to Mr. Rosene.- As of.yet, Mr., Rosene has not heard from you, so I am writing to find out if you have had a chance to contact Mr. Kramer and to decide how you would like to proceed. Feel free to call me at the number listed above or Mr. Rosene at 636-4600, if you would like to discuss this further. Very truly yours,' Bradley Smith BS:me cc: Robert Rosene (h' I {f Y ~V 01I PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 PAUL H. HAUGE October 30, 1978 AREA CODE 612 BRADLEY SMITH TELEPHONE 454-4224 Mayor Leo Murphy CITY OF EAGAN 3795 Pilot Knob Road Eagan, MN 55122 RE: Cyril Barry easement and drainage question Dear Mayor Murphy: I am writing to you to summarize the dealings the City has had with Cyril Barry regarding the pond in his backyard. City Engineer Rosene and I met with Mr. Barry on October 18th of this year with the purpose of coming to an agreement on how to proceed to correct the run-off problem in the pond behind his house and to obtain easements from Mr. Barry and his neighbors, the Kramers, for the storm sewer already in place over their property from Blackhawk Road to the pond. The storm sewer was installed a number of years ago with verbal approval from the prior owner of the Kramer's house. The City desires to formalize that approval through the granting of easements to the City by the Kramers and the Barrys. Mr. Barry wants the City to make a committment to remove all of the run-off from Blackhawk Road which accumulates in the pond every year in return for signing an easement for the sewer. Mr. Rosene feels that it is unnecessary for the City to remove the run-off every year since not enough accumulates every year to justify the expense. Furthermore, it is felt that it is prob- ably best not to make any agreement to remove the run-off in the pond until Mr. Barry agrees to sign an easement formalizing the City's right to keep the storm sewer in place. Because of this difference of opinion, no agreement was reached at the meet- ing with Mr. Barry, except that Mr. Barry would consult with the Kramers and get back to Mr. Rosene in a week or so. So, as things stand now, Mr. Rosene is waiting to hear from Mr. Barry and the Kramers and until an agreement can be reached and approved by the City Council, there is little that can be done to clean up the pond. I will keep you informed of any future developments. Very truly yours, Bradley SmWi BS:me cc, Thomas Hedges Robert Rosene L, - LEO MURPHY THOMAS HEDGES .SSy " r MAYOR CITY ADMINISTRATOR , /^1 1 Y1v~ - VVV~~~ ALVCE BOLKE THOMAS EGAN MARK PARRANTO / J~ CITY CLERK JAMES A. SMITH CITY OF EAGAN ~1 _ THEODORE WACHTER COUNCIL MEMBERS 3795 PILOT KNOB ROAD EAGAN. MINNESOTA 55122 PHONE 454-8100 May 24, 1978 VMr. Cyril Barry 3760 Blackhawk Road Eagan, MN 55122 Dear Mr. Barry: In official action that was taken by the City Council at the last regular meeting held on Tuesday, May 16, 1978, our Consulting Engineer, Mr. Bob Rosene, was directed to make a report on the apparent infiltration of sand and chemicals that are discharged through the storm sewer system into a pond abutting your property. Mr. Rosene was directed to make the study and report back to the City Council with his findings. As soon as I receive a report from Mr. Rosene I will be in contact with you so it is possible to review his findings and recommendations prior to the meeting with the City Council. The City Council, at your request, did direct the Public Works Director to sweep Blackhawk Road, which was accomplished this past week. If you have any questions relating to this matter, please feel free to contact me at any time. Sin erely, Thomas L. Hedges City Administrator skk cc: Robert Rosene, Bonestroo, Rosene, Anderlik & Assoc., Inc ~yce Bolke k j THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. WAIVER OF HEARING MQUEST FOP, UTILITY DIPROVEMENTS I/We hereby request of the city council, City of Eagan, Minnesota, utility improvements on and over property oumed by me/us as follows: (Mer..j ion type of improvement, e. g. water, sanitary sewer, etc.) LATERAL BENEFIT FROM WATER TRUNK ,he location of said utility improvements shall be generally as fo.+-~r*',• i.~tl c~JC.~ (;;IV- 2~ 525' at $6.90 per front foot =$3622,50 Paid 8-6-76 I/via hereby waive notice of any and all hearings necessary for the installation of said improvements and further consent to any assessx, s necessarily levied by the City of Eagan for such improvements. I/We further agree to grant to the City of Eagan any easements ~s- sary for the installation of such improvements. It is further understood that this request shall be reviewed by the City Council of The City of Eagan or its agent and I/We will be given reasonable notice as to whether this request is possible under present utility planning as to timing, location, etc. - Signat re elvl- Address Request accepted by Date - "sue 1G, Cwty of Eagan Request referred to City Administrator: Date Copies: 1. City Administrator 2. Applicant O 1 71 m z cn QJ , 1 CONSERVATION EASEMENT THIS EASEMENT, made this 8th day of May , 1998, between G V R DEVELOPMENT LLC, a Minnesota limited liability company, and GREGORY J. RATHMAN and VALERIE A. RATHMAN, husband and wife, (herein collectively referred to as "Landowners") and the CITY OF EAGAN, a municipal corporation, organized under the laws of the State of Minnesota, (hereinafter referred to as the "City"). WITNESSETH: That the Landowners, in consideration of the sum of One Dollar (S 1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant and convey unto the City, its successors and assigns, a permanent conservation easement for the purpose of preserving and protecting the natural character of the easement area, over and across the following described premises, situated within Dakota County, Minnesota, to-wit: Lots 1, 3 and 5, Block 1, GVR ACRES, according to the recorded plat thereof, Dakota County, Minnesota, which lies northwesterly, northerly and northeasterly of the following described line: Commencing at the northeast corner of said Lot 5, Block l; thence on an assumed bearing of North 89 degrees 55 minutes 29 seconds West, along the north line thereof, a distance of 85.87 feet to the actual point of beginning of the line to be described; thence South 42 degrees 11 minutes 00 seconds West a distance of 121.25 feet; thence South 64 degrees 10 minutes 00 seconds West a distance of 102.10 feet; thence South 78 degrees 12 minutes 38 seconds West a distance of 48.42 feet; thence South 85 degrees 20 minutes 00 seconds West a distance of 70.18 feet; thence North 82 degrees 34 minutes 00 seconds West a distance of 61.27 feet; thence North 61 degrees 25 minutes RECEIVED 00 seconds West a distance of 114.42 feet; thence North 51 degrees 39 minutes 00 seconds West a distance of 141.84 feet to the north line of said Lot 1, Block 1 and said line there terminating. DATE RECEIVED qS THOMAS V. NOVAK DAKOTA COUNTY TREASURER-AUDI Also that part of Lots 6 and 7, said Block 1 which lies northeasterly of the following described line: Beginning at a point on the north line of said Lot 6 distant 175.00 feet east from the northwest corner thereof; thence in a southeasterly direction to a point on the southeasterly line of said Lot 6 distant 245.00 feet northeasterly from the most southerly corner thereof, as measured along said southeasterly line; thence southeasterly to a point on the east line of said Lot 7 distant 165.00 feet north from the southeast corner of said Lot 7 and said line there terminating. (the "Easement Area") See also Exhibit "A" attached hereto and incorporated herein. The Landowners, for themselves and their heirs, successors and assigns, covenant and agree that they shall not themselves perform nor shall they give permission to any third party to perform any of the following activities within the Easement Area, without the prior written consent of the City: A. Constructing, installing, storing or maintaining anything made by man, including but not limited to, buildings, structures, fences, walkways, clothes line poles and playground equipment; B. Parking of vehicles; C. Planting of gardens; D. Storage of firewood; or E. Clear-cutting or removal of native vegetation or trees. The Landowners, for themselves and their heirs, successors and assigns, fiirther covenant and agree that the general topography of the Easement Area shall be continued in its present condition and no excavation or change in the topography shall be allowed, save and except as may be required by any federal, state or local government agency, other than the Landowners, which have jurisdiction over the Easement Area or as authorized by the City, in writing, as the City shall, in its sole discretion decide is appropriate; that no cutting or harvesting of any live tree or other live vegetative cover shall be permitted except as may be required by any federal, state or local government agency, other than Landowners, which have jurisdiction over the Easement Area or as authorized by the City, in writing, as the City shall, in its sole discretion, decide is appropriate. 2 i The easement granted herein does not entitle the City to use or occupy the surface of the easement except as specifically provided herein. This easement shall be effective upon Landowners' execution and shall continue in force in perpetuity. Landowners reserve the right to occupy and use the property and easement for all Purposes not inconsistent or interfering with the restrictions set forth herein. The easement granted hereunder and the covenants contained herein shall run with the land and shall be binding onto the parties hereto and their heirs, successors and assigns. And the Landowners, their heirs, successors and assigns, do covenant with the City, its successors and assigns, that they are the Landowners of the premises aforesaid and have good right to grant and convey the easement herein to the City. IN TESTIMONY WHEREOF, the Landowners have caused this easement to be executed as of the day and year first above written. G V R DEVELOPMENT LLC, a Minnesota limited liability company By: G ego' athman ,,Its Chiefyanager, By: Valerie A. Rathman Its: Secretary YJ 1 Grego ban Valerie A. Rathman STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) l The foregoing instrument was acknowledged before me this day of 1998, by Gregory J. Rathman and Valerie A. Rathman, the Chief Manager and Secreta of G V R DEVELOPMENT LLC, a Minnesota limited liability company, on behalf of the limited liability company. / Notary Public I W LOLA L VEENKER WTAW RRX - ►wt UM MY COMMISSION EXPIRES JANUARY 31, 2000 STATE OF MMIESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this „S III day of 1998, by Gregory J. Rathman and Valerie A. Rathman, husband and wife. Notary Public APPROVED AS TO FORM: O=- LOLA L. VEENKER y NOTAW PUBLIC - M**fiWU1 MY COMMISSION EXPIRES JANUARY 31, 2000 City Attorney's CI~e.f Dated: / APPROVED AS TO CONTENT: blic `Yorzzza rtment Dated: C; THI S INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (612) 432-3136 RB B/kmw Easement No. 687 206-14652 4 CodSERVA110A EASCMEN'f }~~{l ca~~'s« o~u. •1•~ , EASEMENT EXHIBIT AcREs ,j~ I r.lr.. ~iwu i.r.- Y .wr...o P w r w I ( '.f • L P. ws U. rl . . I -I . ,1~ Y . !r ~f ~ ~/fir 1~ 1 IA~baoo~ y. /0 O'Doo t tl~(~ \x,15 Yip3 y8 s e 11 W ~Mr* , fi~A J 11 • fA '1f11; ~ ' 4• ~ti I •ly.V 44~ ~ •/t~i r#~•l•~ e/// ~ , O ~''I t1J , ~•t`~,;: mid ~ ~ 1.• ~ !r~•,• Q, 1 l.• ~ , lr ~ ~ QLL ~ ; ,t ~ / ti. ~ /r• lt("; ten"' -NIL 'Old 2 PM A .nr r. .:•d:: ~ ~ r I ~,P~. aw l 1 I rMW r. .11U1 "U."n P/r VI )Uw MW _ /f! vivm MAP n..r I Ir r .Pl .o r.. r • . w M .ter.. w~ . T..r y~l • •f r.+•1 rtin nuinn ..••P.a . • • PIE= r~~ Por rr .••lT. P.11P\ r P•V • K r ,.l an ' • an% • • ~ ° SCN1 IN fTTI •w~w - LL t Lot Block PID # (D 00-0 0- Qj Sewer /water pennitt # Plat y t Date / b Receipt # CITY OF EAGAN 1998 SEWER AND WATER CONNECTION & AVAILABILITY CHARGES EXISTING RESIDENTIAL PROPERTY 3 o71 7 / Sewer Connection & Availability Charges-*" Water Connection & Availability Char e Late nefit @ 21.30/ff $ Late benefit @ $21.50/ff $ Trunk @ 60/connection Trunk 895/connection SAC 1,100.00 Supply & e (WAC) 807.00 Date paid Date paid Receipt # Receipt # Account deposit 15.00 Treatment plant 444.00 Sewer permit & sure ge 50.50 Water meter 111.00 Account deposit 15.00 Subtotal $ Water permit & s ge 50.50 Plumb' permit & surcharge 20.50 Subtotal $ tal $ Plum ' g permit & surcharge 20.50 tal $ Sewer and Water Connection & Availability Charges Lateral Benefit @ $21.30 and/or $21.50/ff Trunk @ $860 and/or $895/connection SAC 1,100.00 Date paid Receipt # Supply & storage (WAC) 807.00 Date paid Receipt # Treatment plant 444.00 Water meter 111.00 Account deposit 30.00 Sewer and water permit & surcharge 100.50 f Subtotal S-4-IMO Plumbing permit & surcharge 20.50 Total , - - - - - - - - OFFICE USE ONLY Property owner k &n0. PRV required I e !s Address kLfi,,4- to- Number of taps Phone number o G ~ p Availability $ Plumber City financed Lot Block P1D # Sewer /water permit # Plat Date Receipt # CITY OF EAGAN 1998 SEWER AND WATER CONNECTION & AVAILABILITY CHARGES EXISTING COMMERCIAL PROPERTY Sewer Connection & Availability Charges Water Connection & Availability Charges Lateral benefit @ 21.30/ff $ Lateral benefit @ $27.15/ff $ Trunk @ $1,790/acre Trunk @ $1,875/acre SAC @ $1,100/unit Supply & storage (WAC) @ $2,955/acre Date paid Treatment plant @ $444/SAC unit Receipt # Water permit & surcharge 50.50 Sewer permit & surcharge 50.50 Subtotal $ Subtotal $ Plumbing permit & surcharge 20.50 Plumbing permit & surcharge 20.50 Total S- ~ Total Sewer and Water Connection & Availability Charges Lateral Benefit @ $21.30 and/or $27.15/ff $ Trunk @ $1,790 and/or $1,875/acre SAC @ $1,100/unit Date paid Receipt # Supply & storage (WAC) @ $2,955/acre Treatment plant @ $444/SAC unit Sewer and water permit & surcharge 100.50 Subtotal $ Plumbing permit & surcharge 20.50 Total S~ The number of SAC units is determined by the Metropolitan Council Wastewater Services (602-1000). OFFICE USE ONLY Property owner PRV required Address Number of taps Phone number Availability $ Plumber City financed t ` SPECIAL ASSESSMENT SEARCH SUMMARY AS OF: 05/05/1998 PROPERTY ID: 10-31500-010-01 S/A# ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD 100001 STREET SURF 0000 01 0.0000 304.20 0.00 0.00 CL 100004 SAN SEW TRK 0000 01 0.0000 250.65 0.00 0.00 CL 100009 WATER AREA 0000 01 0.0000 329.00 0.00 0.00 CL 100013 WATER STUB 0000 01 0.0000 20.00 0.00 0.00 CL 100732 SS TR 297 1982 15 12.5000 1324.61 0.00 0.00 CL 102642 SL 665 1995 15 7.0000 753.84 0.00 0.00 CL 102644 WSVC 665 1995 15 7.0000 95.95 0.00 0.00 CL 102645 ST 665 1995 15 7.0000 1750.00 0.00 0.00 CL 102905 WL W560 1998 05 7.0000 1135.20 227.04 1135.20 102906 SSL W560 1998 05 7.0000 537.05 107.41 537.05 SUMMARY OF LEVIED 1672.25 0.00 1672.25 1998 P&I CERTIFIED SUMMARY OF DEFERRED 0.00 SUMMARY OF CLOSED 4828.25 PENDING ESTIMATE 0.00 Press ENTER; or Fl, F4, F5, F7, F8 t City of Eayn July 22, 2008 Mike Maguire MAYOR Jerry Pritchett Paul Bakken 3760 Blackhawk Rd. Eagan, MN 55122 Cyndee Fields Dear Jerry: Meg Tilley COUNCIL MEMBERS Re: Conservation Easement Markers, GVR Acres Thomas Hedges As a follow-up to both the inspection on September 7, 2007 and the land survey in CITY ADMINISTRATOR November 2007 of the conservation easement area of your and your five neighbors' properties alongside Blackhawk Lake, please be advised that within the next one to four weeks the City will install conservation easement markers on edges of easement areas between 8:00 a.m. and 4:00 p.m. Monday through Friday. These markers are intended to be unobtrusive yet help protect the conservation easement area. MUNICIPAL CENTER If you have any questions or concerns, please feel free to contact me at (651) 675-5300. 3830 Pilot Knob Road Eagan, MN 55122-1810 Sincerely, 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD Eric Macbeth Water Resources Coordinator MAINTENANCE FACILITY Cc: Tom Colbert, Public Works Director 3501 Coachman Point Russ Matthys, City Engineer Eagan, MN 55122 Mike Ridley, City Planner 651.675.5300 phone Mary Granley, Senior Code Enforcement Technician 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com THE LONE OAK TREE I:\Engineering\Lakes and Wetlands\Conservation Easements\GVR Acres The symbol of strength and growth in our community.