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6351 Argenta Tr W CITY OF EAGAN Remarks i, ~3.LDstc~'t•*► l Sv C~c , Addition Section 1 Lot Bik Parcel 10 01300 020 Owner S' - Street State EAGAN MN 55123 V) j~ Improvement Date Amount Annual Years Payment Receipt Date STREET SURF. STREET RESTOR. GRADING SAN SEW TRUNK 1972 60.00 20 Paid SEWER LATERAL WATERMAIN WATER LATERAL WATER AREA 1 00 20 aid STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. Addn #3822 -&.-50-- SAC r PARK CITY OF EAGAN Remarks t - Y ? Addition Section 1 Lot 1 Rik 2 Parcel 10 00100 010 02 Owner Street State EAGAN MN 55121 C Improvement Date Amount Annual Years Payment Receipt Date STREET SURF. STREET RESTOR. GRADING SAN SEW TRUNK 1 6$ 126.50 137.55 30, SEWER LATERAL WATERMAIN WATER LATERAL WATER AREA STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK L r CITY OF EAGAN Remarks Addition Section 1 Lot 1 Rik 3 Parcel 10 00100 010 03 Owner Street 6351 Argenta Trail W. State Eagan, 55121 Improvement Date Amount Annual Years Payment Receipt Date STREET SURF, STREET RESTOR. GRADING SAN SEW TRUNK !rv 1968 11 56.7 5 38.56 0 SEWER LATERAL WATERMAIN WATER LATERAL WATER AREA STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK This request void 8 7~~0 Y 18 months from C'13975 Reque t Date Fire No. 1 Rough-in Inspection Q Regmred~ ❑Ready NowKWII1 Notifv Inspec may, - J ❑yes No for When Ready p 1-icensed Electrical Contractor I hereby request inspection of above ❑ Owner electrical work installed at: Street Address, Box or Route No. Q,W 0.re f- City J / FF/ ?6N (Prepom, ect mn NO. Township Name or No. Range No. C my . Oc an1 (PRINT) Phgne No. Power Supplie Address VL Electrical Contractor 1 mpany Name) Contractor's License No. Gi.~c~s~ ac C Mai IOp Address (Contractor or Owner Making In tallaLOn) Author ed ~gna tur onI tot/ wner ~n stallaUOn) Phone N per MINNESOTA STATE BOARD OF ELECTRICITY THIS INSPECTION REQUEST WILL NOT Griggs•Midwav Bldg. - Room N•191 BE ACCEPTED BY THE STATE BOARD UNLESS PROPER INSPECTION FEE IS 1821 University Ave., St. Paul, MN 55104 Phone 18121297.2111 ENCLOSED. F7 REQUEST FOR ELECTRICAL IN TION EBX0001.04 7~~01c See instructions for completing this term on back at yellow copy. 1!. 'J-7 5 X" Below Work Covered by This Request N.qAddl Rep. Type of Building Appltnncr s Wirad Egplpmept Wped Home Range Temporary Service Duplex Water Heater Li gFihng Fixtures Apt. Building Dryer Electric Heating Commercial Bldg. Furnace Silo.Unloader, Industrial Bldg. Air Conditioner Bulk Milk Tank Farm they per, V they ISnonfVl 1 er Specify Other Olhor 1 ompute Inspection Fee Below # Fee Service Entrance Size it Fee Feaders/Subfeeders # Fee Circuits 0 to 200 Amps to 30 Amps 0 to 30 Amps Above 200 Am xi 31 to 100 Amps 31 to 100 Am Swtmmin Pool Above Am s Above 100_Amps Transformers Irn gation Booms Partial, Other Fee Signs Special Inspection 3 TOTAL F(17 Remarks J _VV Rough-in Gate tha Elects cal nspacfor. hereby certify that the above Final Ollie / inspection has been ✓l' made. This request void 18 months from f This request void 0Z0_"3 S4!-C,(-3 18 months from 5 Dater oft is Request /D, ova-Fire No. S100448 1, as AULicensed Electrical Contractor ❑Owner, do hereby request inspection of the above electri- cal wiring installed at: Street Address or Route No. Z~ W 5l1ILl~T itY Section Township ~ Range County c Which is occupied by ,,-e-gr, Z-a=:2 V (Name of Occupant) 1 Is a roughin inspection required on this job? No ❑ yes ❑ Ready Now ❑ Will Call,6 Power Supplier Address a~ ~.d ~ r~ eN 3~ G~ Electrical Contracto ~ ~ ~ Contractor's License No. (Company Na e) ~ Mailing Addres ` O a ( ectr Contractor r caner Making This Installation) Authorized Signature Phone No.~ (Electrica Contractor or Owner akin This Installation) L}il i " (3~ D Q~ i~ 'Y This inspection request will not be accepted by the e. d ~z w(~- J~ State Board unless proper inspection fee is enclosed. mn o oT oecrnciry Griggs Midway Bldg. - Room N191 EB-00001-02 T821 University Ave., SL Paul, Minn. 55104 - Plane 297-2111 3 REQUEST FOR ELECTRICAL INSPECTION S100448 CHECK BELOW WORK COVERED BY THIS REQUEST Type of Building New Add. Rep. Check Appliances Wired For Check Equipment Wired For Home ❑ ❑ ❑ Range ❑ Temporary Wiring ❑ Duplex ❑ ❑ ❑ Water Heater ❑ Lighting Fixtures ❑ Apt. Bldg. ❑ ❑ ❑ Dryer ❑ Electric Heating ❑ Commercial Bldg. ❑ ❑ ❑ Furnace ❑ Silo Unloader ❑ Industnal Bldg. ❑ ❑ ❑ Air Conditioner ❑ Bulk MBk Tank ❑ Farm ❑ ❑ ❑ List ) p,-.-.~, List Other ❑ ❑ ~ Rteh,'s ' E Others Mete COM TE [ PECTION FEE BELOW l $ U~ Service Entrance Size: # Fee Feeders'-Subfeeders: # Eeef Circuits: # Fee 0 to 100 Am s. 0 to 30 Am res 0 to 30 Amperes 101 to 200 Amps. 11 31 to 100 Amperes 31 to 100 Amperes O Above 200 Amps. 11-Above 100 Amps. Above 100 Amps. Transformers 11 Remote Control Circ. Partial or other fee Signs Special Inspection Minimum fee $ Remarks TOTAL FE /l I, the Electrical Inspector, hereby certify that the above inspection has been ma (Rough-in) D td (Final) ; I t 1-[L4- This request void ' 18 months from EAGAN TOWNSHIP No. 298 /~w(~.Cl._..._.. Eagan Township Owner Address (p esenf) ....--~ru..../~ Town Hall Builder ^eC.-L s. G Add' .._1.! DESCRIPTION Stories To Be Used For Front Depth Height Esf. Cos! Perini! Fee Remarks LOCATION /may p~ Street, Rodyor other Description of Location _I of Block Addition or Tract Ad y1, This permit does not authorise the use of streets, 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 KEPT ON THE PREMISE WHILE THE WORK IS IN PROGRESS. This is to certify, that has permission to erect a---------------------- ..-.............`-----------..-.....upon the above described premise subject to the provisions of the Building Ordinan a agan Township adopted April 11, 1955. /y _ Per ui g Inspect Chairman of Town Board ``7 7 V/.-J~ EAGAN TOWNSHIP BUILDING PERMIT N° 1774 Owner --Eagan Township Address (present) ..(cR,:....L......_. N"°-:. " Town Hall i Builder '=g"!r------'-----------------`------------------------ Date --,~--/L/G~ Address DESCRIPTION Stories To Be Used For Front Depth Height Est. Cost Permit Fee Remarks LOCATION Street, Road or other Description of Location Lot Block Addition or Tract This permit does not authorize the use of streets, 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 KEPT ON THE PREMISE WHILE THE WORK IS IN PROGRESS. This is to certify, that xQ,-gn.-:oar.:... ...has permission to erect a . ;=Al p the above described premise subject to the provisions of the Building Ordinance for Ea n dopted April 11, 1955. ° Per --------------1~."- _`"_`-_......A-1.'-` ~Le.*-,L--J Chailan of Tnwn Board Buildin Inspector L 3822 CITY of EAGAN N2 BUILDING PERMIT 3795 Pilot Knob Road Owner ;;;=7 Eagan, Minnesota 55122 pzz ~~JJc Address (present) ..O.c.7-aS.. ....fl - 454.8100 Builder lL..,, Dale Address DESCRIPTION Stories To Be ed For Front Depth Height Est. Cost Prrmi! as Remarks amt ' 6". a. Pt~ie I rl?AA- f 1600 e ~ LOCATION Street, Road or other Description of Location Lo! Block Addition or Tract o 7- /3 This permit does not authorize the use of streets, roads, alleys or sidewalks nor does it give the owner or his agent the sight to create any situation which is a nuisance or which presents a hazard to the health, safely, convenience and general welfare to anyone in the community. THIS PERMIT MU PT E PREMISE WHILE THE WORK IS IN PROG SS. This is to certify, that.. ,/.-`~L................... has permission to erect a.. a :.2........................-...._upoa the above described ise subject to the provisions of all applic r /a/n/cees~ foJ/r'/} C• Eagan. -°--Y-y Per - °-~'1-Y--- "777--- Mayor Building Inspector P~6S C4AN6E Z•Iq.~,7 lD _01300 ozo 03 N1=W. pDpR~ss 3s~s I)ELAwAe.c TR.f- ~ Ao~~S 83ZS 6P-rru T2_ 7 ZG4?LiL5rE.p BY OWuCt2 _ 4- . 7 - , . • 796672. COURT ADMINISTRATOR Case Type: 2 Condemnation DAKOTA COUNTY, MINN. STATE OF MINNESOTA F A L E D DISTRICT COURT COUNTY OF DAKOTA .MAY 2 21987 FIRST JUDICIAL DISTRICT _---ROGER -W.-SAMES.GLEBK--------- - - - - - CITY OF EAGAN, a Municipal ~,PUTfile No. 103567 Corporation, ) Petitioner, ) Vs. ) CERTIFICATE Donn Kirchgatter and Joann ) BY Kirchgatter, husband and wife, ) ATTORNEY FOR PETITIONER and all other parties unknown ) claiming any right, title or ) interest in the hereinafter ) described property, ) - -Respondent.- - - - - - - , - - - - - - - - - - - - - - - - Attorneys for Petitioner hereby certify that all the land described on Exhibit "A" attached hereto and made a part hereof for the purpose of sanitary sewer interceptor easement purposes has been taken by eminent domain proceedings according to law and that said proceedings are now complete and that all awards or judgments relative to the said property have been paid. Dated: /~<< /-3 HAUGE, EIDE & KELLLLER, P.A. roi)Nr' OF DARMA By : bWEOFMlWiESOTA, . paved G. Keller Attorneys for Petitioner Jtl Water View Office Tower Ca,' oi:f.Y lof „ Suite 303 1200 Yankee Doodle Road Eagan, Minnesota 55123 (612) 456-9000 -j D;?d Attorney I.D. #124734 EXHIBIT A An Easement for highway purposes over and across the following described property: Beginning 300 feet north of the East 1/4 corner of Section 13, Township 27 N, Range 23 W of the 4th principal meridian; thence West 212.2 feet, (bearing South 89 degrees 44 minutes West); thence North 310.4 feet; thence East 212.2 feet; thence South 304.4 feet to the point of beginning. Which lies south of a line drawn parallel with and distant 33 feet south of Line A described below, and north of a line drawn parallel with and distant 33 feet south of Line B described below. Line A is described as follows: Commencing at a point on the East line of Section 13, Township 27 N., Range 23 W., said point being 676.4 feet North of the East 1/4 corner of said section; thence sighting South along said East line turn 89 degrees 44 minutes to the right a distance of 1109.5 feet to the Southeast corner of Lot 2, KSTP; thence deflect to the left 89 degrees 44 minutes a distance of 43.1 feet to the point of beginning of line to be described, being the centerline of County Road No. 63A as now laid out and traveled; thence deflect to the left 88 degrees 51 minutes along the centerline of said road 902.5 feet to the beginning of a 12 degrees 00 minutes curve to the left, having a central angle of 59 degrees 25 minutes; thence along said curve to its intersection with the east line of said S :tion 13; thence Nerth along said East line to the point of beginning, containing 1.44 acres more or less. Line B is described as follows: Commencing at a point on the east line of Section 13, Township 27 N., Range 23 W., of the 4th principal meridian, said point being 676.4 feet north of the Easc 1/4 corner of said section; thence sighting South along said east line, turn 89 degrees 44 minutes to the right a distance of 1109.5 feet to the southeast corner of Lot 2, KSTP; thence deflect to the left 89 degrees 44 minutes a distance of 43.1 feet; thence deflect to the right 91 degrees 09 minutes a distance of 575.6 feet to the point of beginning of centerline to be described; thence deflect to the right 179 degrees 45 minutes 41 seconds a distance of 1300.0 feet; thence easterly 200.0 feet along a tangential curve concave to the north, central angle 4 degrees 15 minutes, degree of curve is 2 degrees 07 minutes 30 seconds; thence easterly, tangent to last curve 30.00 feet; thence easterly 200.0 feet along a tangential curve concave to the south, central angle 14 degrees 00 minutes, degree of curve is 7 degrees 00 minutes, and there terminating. 10-01300-020-03 Fee Owners: Donn E. Kirchgatter and Joann Kirchgatter, husband and wife. Taxes: Dakota County STREET EASEMENT DEED THIS INDENTURE, made and entered into this 9th day of May, 1987, by and between DONN and JOANN KIRCHGATTER, husband and wife, as Grantors and the CITY OF EAGAN, Dakota County, State of Minnesota, as Grantee. WITNESSETH WHEREAS, said Grantors are the owner of the tracts of land in the City of Eagan, Dakota County, Minnesota, legally described as follows: An Easement for highway purposes over and across the following described property: Beginning 300 feet north of the East 1/4 corner of Section.13, Township 27 N, Range 23 W of the 4th principal meridian; thence West 212.2 feet, (bearing South B9 degrees 44 minutes West); thence North 310.4 feet; thence East 212.2 feet; thence South 304.4 feet to the point of beginning. Which lies south of a line drawn parallel with and distant 33 feet south of Line A described below, and north of a line drawn parallel with and distant 33 feet south of Line B described below. Line A is described as follows; Commencing at a point on the East line of Section 13, Township 27 N., Range 23 W., said point being 676.4 feet North of the East 1/4 corner of said section; thence sighting South along said East line turn 89 degrees 44 minutes to the -right a distance of 1109.5 feet to the Southeast corner of Lot 2, KSTP; thence deflect to the left 89 degrees 44 minutes a distance of 43.1 feet to the point of beginning of line to be described, being the centerline of County Road No. 63A as now laid out and traveled; thence deflect to the left 88 degrees 51 minutes along the centerline of said road 902.5 feet to the beginning of a 12 degrees 00 minutes curve to the left, having a central angle of 59 degrees 25 minutes; thence along said curve to its intersection with the east line of said Section 13; thence North along said East line to the point of beginning, containing 1.44 acres more or less. Line B is described as follows: Cowmencing at a point on the east line of Section 13, Township 27N, Range 23W of the 4th principal meridian, said point being 676.4 feet north of the East 1/4 corner of said section; thence sighting South along said east line, turn 89 degrees 44 minutes to the right a distance of 1109.5 feet to the southeast corner of Lot 2, KSTP; thence deflect to the left 89 degrees 44 minutes a distance of 43.1 feet; thence deflect to the right 91 degrees 09 minutes a distance of 575.6 feet to the point of beginning of centerline to be described; thence deflect to the right 179 degrees 45 minutes 41 seconds a distance of 1300.0 feet; thence easterly 200.0 feet along a tangential curve concave to the north, central angle 4 degrees 15 minutes, degree of curve is 2 degrees 07 minutes 30 seconds; thence easterly, tangent to last curve 30.00 feet; thence easterly 200.0 feet along a tangential curve concave to the south, central angle 14 degrees 00 minutes, degree of curve is 7 degrees 00 minutes, and there terminating. NOW THEREFORE, the said Crantor in consideration of One ($1.00) Dollar and other good and valuable consideration to them paid by Grantee, receipt whereof is hereby acknowledged, hereby conveys, warrants and dedicates to said Crantee, "I.o successors and ossigua, for streer purposes, together with the unrestricted right to improve' the same, the above described tracts of land, together with the right to lay, maintain, operate and repair utility lines over and through said above tract, free and clear of all encumbrances, except for restrictions, reservations and easements of record, if any. And said Grantors, for themselves, their heirs, executors, administrators and assigns do covenant never to cut, damage, destroy or remove any tree or shrub or other natural growth upon the hereinbefore described premises for the continuance of this easement and do hereby grant and convey to the said City of Eagan all grasses, shrubs, trees and natural growth now existing on said lands or that way be hereafter planted or grown thereon. And the said Grantors, for themselves, their heirs, executors, administrators and assigns do hereby release the said City of Eagan, its successors and assigns, from all claims for any and all damages resulting to the premises hereby conveyed by reason of the location, grading, construction, maintenance, and use of a public street over and upon, the removal of materials from the premises hereby conveyed and from the uses incident thereto; it being understood said release shall not apply to any damage to any property abutting the premises conveyed hereunder arising because of the use of the premises conveyed hereunder by the Grantee; and said City of Eagan shall have the right to use and remove all earth and other materials lying within the parcel of land hereby conveyed. And the said Grantors, for themselves, their heirs, executors, administrators and assigns do hereby waive the right to any and all notice for the removal of trees or hedges within the limits of the above described highway under the provisions of Section 160.22 Minnesota Statutes Annotated or otherwise and hereby expressly waives any claim for damages on account thereof. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. ~f~~~.,-,,~. 6~'~ ~D. t2 ~onn Kirchg tter Joann Kirchgatter STATE OF MINNESOTA) COUNTY OF DAKOTA ) as. On this day of /17.9- 19BY, before me, a Notary Public within and for said County, personally appeared DONN KIRCHGATTER and JOANN KIRCHGATTER, husband and wife, to me 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. THIS DOCUMENT DRAFTED BY: HAUGE, SMITH b FIDE, P.A. 3908 Sibley Memorial Highway N tery ublic Eagan, MN 55122 (612) 454-4224 s+~ DAVID 0. KELLER EXEMPT FROM STATE DEED TAX STAMPS A DAKOTA COUNTY MV Comiw sbw Exy. Aft 1& 40 i 3000 I~ ,nt P ^ i uNr- J3 I % _,I 2oo.oD A° 14°o0 16 O~~ • MI Parcel C ZOO.OO d` 4°15' 14 D •2°Ol'30 R'269627 iIS- I I ' R A 2G•35 6 tY 7°q0~ 17 _ J I EAST 212.2 ro~ LINE A m I i r-___ 1 I I I I`c I .v m Im ~ v ~ T l T Parce M v i ui 0 M ~ I S Cyr, ~ JUN _j j 79j8 E.S. Re: Seils/Danner to 8325 Baffin Trail I Zi SPECIAL r"ROVEMENTS ON All that tract or parcel of land lying and being in Dakota County, Minnesota, described as follows, to wit: Lot 20, dock 3, Section 13, Township 27, Range 23, 7on2J Light Industrial This is to certify that I have examined the records in the office of the Clerk of TOWNSHIP Dakota County, VILLAGE of Eagan CITY Minnesota and find that the above described tract or parcel of land has the following improvements: [dater Main Sidewalk Street Paving Main Trunk Sewer Curb and Gutter _Alley Paving Lateral Sewer Street Grading Garbage Collection Storm Sewer Alley Grading Tarring Streets Street Sprinkling i further certify that according to the records of said office, the following asse:s-- ^::nts appear unpaid: Original Total Amount 33rd Runs Beginning Unpaid, Subsequ_::: L~provement Amount to Current Yea-- NONE -7 further certify that according to the records of said office, the following irprcv, :vt is are contemplated or pending after having been approved and are not in the pro u:. of planning or completion: Mind of Approximate Date Approximate Cost T--srovement of Completion of Improvement NONE Fated this 22nd day of June 1978 s *il4age-Clerk ZI-ease send to THE SPRING COMPANY, 234 Metro Square, 7th & Robert, St. Paul, MN 5'IC ,r Report Name: City of Eagan Printed: 12/1/2008 Assessment Search Page: I Special Assessments Search Property ID Lot Block Addition Addition Name/Lesal 10-01300-020-03 002 003 10 01300 Section 13 ~1. PT OF S 1/2 OF NE 1 /4 COM 300 FT N OF SE COR S 89D 44M W YOnix Kir0~,Y'11t~'- Property Address Property Status - - - - - Special Flags - - - - - 200 P&I Cert: 3575 Delaware Tr Active 1 2 3 4 5 6 7 8 9 10 $0.00 Eagan, MN 55123 N N N N N N N N N N SA Nbr Description Year Term Rate Total Curr Prin Payoff Status 100004 SAN SEW TRK 0 1 0.0000 $360.00 $0.00 $0.00 Closed 100009 WATER AREA 0 1 0.0000 $240.00 $0.00 $0.00 Closed 101448 WATER LATP442~ 1987 10 9.0000 $1,446.56Q1 $0.00 $0.00 Prepaid 101450 SERVICES P442 1987 10 9.0000 $304.57 f $0.00 $0.00 Prepaid 101451 't STORM LAT BN P442 . I 1987 10 9.0000 $2,351.30 $0.00 $0.00 Prepaid 101453 ,STORM TRUNK P442 -J) 1987 10 9.0000 $3,841.92 $0.00 $0.00 Prepaid 101454 STREET P442 1987 10 9.0000 $7,564.14 $0.00 $0.00 Prepaid Summary of Levied: $0.00 $0.00 $0.00 Summary of Deferred: $0.00 $0.00 Summary of Closed: $16,108.49 Pending Estimate: $0.00 Future Estimate: $0.00 Hookup Fee Estimate: $0,00 37 /N 5tr~-.et /~"55e55lr~~Z1 7 jGiy - 10 l c"I 14 ( 9 / gQ B. i ASSESSMENT DEFERMENT AGREEMENT This Assessment Deferment Agreement ("Agreement") is made this day of October, 2011 by and between Richard F. Cole and Ruth Cole, husband and wife (hereinafter "Landowner"), and the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"). (Landowner and City are collectively referred to as the "Parties.") WHEREAS, the Landowner is the fee owner of property located in the City of Eagan, County of Dakota, State of Minnesota and legally described as: The South 600 feet of the East 600 feet of the Southeast Quarter of the Northeast Quarter of Section 1, Township 27, Range 23. (the "Property"); and WHEREAS, the City is completing Public Improvement Project 1016R, which relates to the construction of Ames Crossing Road and associated utility improvements (hereinafter the "Project"); and WHEREAS, the City has informed Landowner that it intends to levy special assessments against the property for the special benefits that it will receive as a result of the improvements contemplated under the Project, the types and amounts are set forth in the Feasibility Report for the Project and are identified as follows: Trunk Water Main $22,908.00 Trunk Storm Sewer $64,843.42 Total: $87,751.42 (hereinafter the "Assessments"); and WHEREAS, Landowner has requested that the Assessments not be levied and instead be collected as connection charges; and WHEREAS, the City is willing to treat the Assessments as connection charges, all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. DEFERRED ASSESSMENT. The Deferred Assessment (consisting of trunk water main - $22,908.00 and trunk storm sewer - $64,843.42 (totaling $87,751.42) shall be paid as connection charges at the then prevailing rate. i 2. WAIVER. Provided that the City follows the same formula, and uses final Project costs, for levying assessments as set forth in the Feasibility Report for the Project, Landowner hereby accepts the Assessment and hereby waives the right to object or appeal the Assessment pursuant to MINN. STAT. § 429.081 and further waives notice of hearing on this Agreement. The City has furnished Landowner with the estimated project costs and the corresponding formula utilized in the Feasibility Report for the Project. 3. ENTIRE AGREEMENT/BINDING EFFECT. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Contract shall not be binding upon either party except to the extent incorporated in this Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assigns and shall run with the land. 4. GOVERNING LAw. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. Richard F. Cole Ruth Cole STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of September, 2011, by Richard F. Cole and Ruth Cole, husband and wife. DAVID S OTA INotar Public f - CITY OF EAGAN: By: Mike Maguire Its: Mayor By: ONOM!~, Christina M. Scipioni Its: Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this LL day of October, 2011, 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 P 1 c APPROVED AS TO FORM: MARY L UBRiEN NOTARY PUBLIC - MINNESOTA ~J x My Commission Expires Jam 31, 2015 City Attorney's Office Dated: -(a( ( I APPROVED AS TO CONTENT: 1 Public Works De ar7ent Dated: zZ- THIS INSTRUMENT WAS DRAFTED BY: Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147 Street Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-29069) ASSESSMENT AGREEMENT This Assessment Agreement ("Agreement") is made and entered into this N ~ day of October 2011, by and between Cole Enterprises, Inc., a Minnesota corporation (hereinafter "Landowner"); and the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"). The Landowner and City are hereinafter collectively referred to as the "Parties." WHEREAS, the Landowner is the fee owner of certain property located in the City of Eagan, County of Dakota, State of Minnesota and legally described as the Southeast Quarter of the Northeast Quarter of Section 1, Township 27, Range 23, Dakota County, Minnesota, except the South 600.00 feet of the East 600.00 feet. thereof (hereinafter the "Property"); and WHEREAS,, the City is completing Public Improvement Project 1016R, which relates to the construction of Ames Crossing Road and associated utility improvements (hereinafter the "Project'); and WHEREAS, the City has informed Landowners that it intends to levy special assessments against the Property for the special benefits that it will receive as a result of the improvements contemplated under the Project, the types and amounts are set forth in the feasibility report for the Project and identified as follows: Street $1,068,805 Lateral Sanitary Sewer $31,664 Lateral Water Main $40,273 Trunk Storm Sewer $218,806 I Lateral Storm Sewer $68,892 Total Assessment: $1,428,440 (hereinafter the "Assessments"); and WHEREAS, the City has furnished Landowner with the estimated Project costs and the corresponding formula utilized in the Feasibility Report for the Project to determine the calculation of the Assessments; and WHEREAS, the Landowner has requested that a portion of the Assessments be assessed next year and that the balance be deferred and collected as connection charges. Specifically, the assessment for the lateral storm sewer proposed to be in the amount of $68,892 and the street assessment proposed to be in the amount of $1,068,805, which total $1,137,697, (hereinafter the "Immediate Assessment") shall be assessed in 2012 and that the City defer that portion of the Assessment pertaining to lateral sanitary sewer proposed to be in the $31,664; lateral water main proposed to be in the amount of $40,273; and trunk storm sewer proposed to be in the amount of $218,806, which total $259,079, (hereinafter the "Deferred Assessments") shall be deferred and paid as a connection charge at the then prevailing rate. The Parties acknowledge that the Assessments described herein are based off of the preliminary assessment roll prepared by the City. It is anticipated that the actual Assessments will be significantly less due to the decrease in property acquisition costs and construction costs associated with the Project; and WHEREAS, in connection with the Project, the City needed to acquire certain permanent and temporary easements all of which are more particularly described in that certain condemnation petition on file with the Dakota County District Court in the action entitled City of Eagan v. Cole Enterprises, Inc., et al., Ct. File No. 19HA-CV-11-825 (hereinafter the "Condemnation Action;"and WHEREAS, the Parties have reached an agreement as to the amount of just compensation to be paid to Landowner for the acquisition of the easements in the Condemnation 2 Action and the Parties acknowledge that the amount of just compensation for the easements in the Condemnation Action is $485,000.00 (hereinafter the "Settlement Amount"); and WHEREAS, Landowner has requested that rather than pay the Settlement Amount directly to Landowner, that it instead apply the Settlement Amount to the Assessments that the City will levy against the Property for the special benefit resulting from the Project; and WHEREAS, the City is willing to apply the Settlement Amount to the Assessments provided that Landowner waive its right to object to the Assessments and Landowner is willing to provide such waiver all upon the terms and conditions contained herein; and NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. SETTLEMENT OF CONDEMNATION ACTION. Landowner agrees that the sum of $485,000.00 is just compensation for the acquisition of the easements and that the Condemnation Action is settled and the Parties will file a Stipulation of Settlement with the District Court and the City will file its Final Certificate. At the request of Landowner, the allocation of the Settlement Amount will be applied to the Assessments as provided for in this Agreement. 2. IMMEDIATE ASSESSMENT. The Immediate Assessment (consisting of street in the current estimated amount of $1,068,805 and lateral storm sewer in the amount of $68,892, which amounts are likely to be less due to the decrease in property acquisition and construction costs) will be levied in 2012, with the first payment due in 2013 and shall be paid over a term of 15 years at the interest rate adopted by the city council of the City at the time of the special assessment hearing. 3. DEFERRED ASSESSMENT. The Deferred Assessment (consisting of lateral sanitary sewer currently proposed to be in the $31,664; lateral water main currently proposed to be in the amount of $40,273; and trunk storm sewer proposed to be in the amount of $218,806, which amounts are likely to be less due to the decrease in property acquisition and construction costs) shall be paid as a connection charge at the then prevailing rate. 3 CITY OF EAGAN, a Minnesota municipal corporation B+ Y• J ~ Mike Maguire Its: Mayor r-. By: Christina M. Scipioni Its: Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of October, 2011, 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 lic APPROVED AS TO FORM: MARY L- UBRIEN NOTARY PUBLIC -MINNESOTA City Attorney's Office :a My Commission Expires Jan. 31, 2015 Dated: I& ► / r, APPROVED AS TO CONTENT: ublic Works gDarr-trap Dated: THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-29069) 5