1310 Cliff Rd - Easement AgreementL=/_3-[o_?'c
EASEMENT ACOUISITION AGREEMENT
This Easement Acquisition Agreement ("AgreemenY') is made and entered into Uus ?d
day of May, 2002 by and between the City of Eagan, a Minnesota municipal corporation
(hereinafter the "City"), and Pazkview Golf Associates, LLC, a Minnesota limited liability
company (hereinafter the "Landowner"), (collectively the "Parties").
WHEREAS, in connection with Eagan Public Improvement Project 847 (hereinafter the
"Project") the City is undertaking certain storm mitigation improvements across a portion of
Landowner's property according to the plans and specificarions attached as Exhibit A; and
WHEREAS, in connection with the Project, it is necessary for the City to acquire
perpetual easements for drainage and utility purposes as we11 as easements for construction
purposes; and
WHEREAS, Landowner is willing to grant the City the necessary easements, all upon the
terms and conditions contained herein.
NOW, WHEREFORE, in consideration of One Dollaz ($1.00) and other good and
valuable cansideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
agree as follows:
1. CoNVEYANCE oF EnsEMENT. Contemporaneously with the execution of this
Agreement, Yhe Landowner shall convey to the City the Drainage and Utility and
Temporary Construction Easement in the form and text of Exhibit "A" attached hereto.
2. CtTY OsLiGnTtoNS. In connection with the Froject, the City agrees to undertake
the fallowing:
A. T[tFE RePLpCEMExT. The Parties acknowledge that it will be
necessary to remove certain trees from Landowner's property in order
to construct the improvements under the Project. For each tree that is
removed by the City, the City agrees to provide and install a
replacement 2%z inch caliper tree compazable to the existing species
but of an acceptable variety to the Iandowner with a two-yeaz
guaranty. The replacement trees will be placed in a location to be
determined Uy Landowner in its reasonable discretion. The City will
instruct contractor to use reasonable care to minimize any resulting
damage to the golf course. The City and contractor will be
responsible for damage in the case of its errors or negligence.
B. DRAIN TILE INSTALLATION. The City shall provide drain tile
installation adjacent to the 16th and nutsery greens. The Parties
acknowledge that the actual design of the proposed drain file is
unknown at this time and agree to arrive at a mutually acceptable drain
tile installation plan.
C. INSTALLATION OF POSTTNE FLOW TO NEW INLETS. The
City shall ensure that al] drainage patterns will be directed to the
newly installed catch basin inlets.
D. FENCE REPLACEMENT. TY1C P3iL12S acknowledge that an existing
chain link fence on the property line will need to be removed to
accomplish the improvements to the Project. The City shall replace
the chain link fence in its current location upon completion of the
improvements under the Project. During the construction of the
Project, the City shall install temporazy orange mesh fencing within
the construction easement lunits with signage delineating restricted
construction area and shall replace it with a short rope delineator
after the sod has been installed until the end of the warranty period.
E. 3oD ItvsTar.r.nTioN nrrD MAmTErrnrrcE. The City shall provide
appropriate replacement sod for the areas affected by the
improvements under the Project. The City agrees to install
temporary irrigation equipment to the affected areas and to make
auailable its fire hydrant that is adjacent to Landowner's property for
30 days following installation of the sod to allow for irrigation of
the newly sodded azea. The Landowner acknowledges that it is
responsible to provide the necessazy labor to undertake the
necessary irrigation to facilitate new sod growth. Landowner is
provided with a 30-growing day guaranty for the sod. For purposes
of "growing days," it shall be a 30-day period from the installation,
however, excluding any days from June 15, 2002 through August
15, 2002.
F. INSURArrCE. The City's contractor shall provide landowner with a
certificate naming Landowner as an additional insured on its
insurance policy prior to beginning work, which policy shall provide
the following minimum limits:
Minimum Limits - General Liability:
Bodily Injury $1,000,000 each occurrence
$1,000,000 complete operations
Property Damage $ 500,000 each occurrence
$1,000,000 aggregate
Minimum Limits - Automobile Liability:
Bodily Injury $ 500,000 each person
$1,000,000 each occunence
Property Damage $ 500,000 each occurrence
$1,000,000 aggregate
2
The contractor shall carry an umbrella excess liability coverage of $1,000,000.
G. LiOtnDaTED DnMAGES. In the event the improvements are not complete
within 30 working days, the City agrees to pay the sum of $500.00 per
working day (excluding Saturdays, 5undays and Holidays) for each day that
the project remains incomplete. Notwithstanding anything contained herein
to the contrary, the maximum exposure to the City for any liquidated
damages shall be $50,000.00.
H. ENGINEERING/LEGAL REIMBURSEMENT. The City agrees t0 reimburse
Landowner for actual engineering and legal expenses incurred by the
Landowner in connection with the Project. The Landowner shall submit to
the City invoices detailing the time spent, hourly rate and fees expended.
The City will provide reimbursement for said fees within 30 days after
delivery of the detailed invoices received no later than Sept. 1, 2002.
Provided that the maximum amount of reimbursement by the City shall be
$2,500.00.
1. SOIL SAMPLES. TIIC City is pmviding certain material to Landowner's
property to undertake the necessary improvements under the Project. The
City shall provide Landowner with a report from an engineering firm
indicating an absence of any hazardous materiais in the soil that will be
provided to Landowner's property.
7. COMPLEI'lON NOTIFICATION/FINAL INSPECTION. The City shall provide
written notification to Landowner upon completion of the Project. If
Landowner believes the work is unsatisfactory, it shall provide written
notification to the City of any deficient work. The City shall cure all
deficiencies noted within 5 business days of said written notice. Liquidated
damages shall accrue in the amount of $100.00 per day beginning 5
business days after the date of said notice and ending upon the date of
acceptance by Landowner of the corrections of any noted deficiencies.
K. DESIGN WARRANTY. If at any time within three yeus after the
completion of the Project, Landowner certifies to City that the Project has
failed to provide for adequate drainage from Landowner's golf course and
said certification is accompanied by a written certification of an engineer of
Landowner's designation that the Project has failed to provide for adequate
drainage from I,andowner's golf course, the City shall cure any deficiencies
noted in said certification.
3. GRANT OF ADDITIONAL TEMPORARY CONSTRUCTION/RIGHTS OF ENTRY BY
LANDOwNER. The Parties acknowledge that it is difficult to ascertain with any
certainty the exact azeas where temporary construction work will be undertaken
by City upon Landowner's property. Norivithstanding the identification of the
temporary construction easement areas described in the easement on Exhibit "A"
3
attached hereto, Landowner hereby grants unto the City a right of entry to enter
upon its property to undertake the improvements contemplated by this Agreement
with prior notice. The City agrees to use reasonable effor[s and work with
Landowner to avoid any adverse impact to Landowner's business operation during
the pendency of the improvements.
4. No-ncES. Any notices under this Ageement shall be delivered personally or
mailed to the respective parties by registered or certified mail, retum receipt
requested, at the following respective addresses.
To LnrrDOwxEx: Pazkview Golf Associates, LLC
Attn: Shane Korman
Parkview GolfAssociates, LLC
1310 Cliff Rd.
Eagan, MN 55123
To TxE CITY: City of Eagan
Attn: Tom Colbert, Director of Public Works
City Hall
3830 Pilot Knob Road
Eagan, MN 55122
WITx n corY To: Robert B. $auer, City Attomey
Severson, Sheldon, Dougherty & Molenda, P.A.
7300 West 1471' Street, Suite 600
Apple Valley, MN 55124
PARKVIEW GOLF ASSOCIATES, LLC,
a Minnesota limited liability company
By: Z?=
Its:
CITY,O ja Minn cipal corporation
BY' -
P tricia E. Awada
Its: Mayor
By: TL?,LLk
Maria Karels
Its: Depnty Clerk
DRAINAGE AND UTILITY
AND TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT, made this 7`" day of May, 2002, between PARKVIEW GOLF
ASSOCIATES, LLC, Minnesota limited liability company, (hereinafter referred to as
"Landowner"), 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 Landowner, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant and convey unto the City, its successors and assigns, a permanent drainage and
utility easement, over, across and under the following described premises, situated within Dakota
County, Minnesota, to-wit:
DESCRIPTION OF PROPERTY:
The East one-half of the Northwest quarter (El/2 of NW1/4) of Section
Thirty-four (34), Township Twenty-seven (27), Range Twenty-tluee (23),
according to the Government Survey thereof.
EXCEPT that part piatted as PARKVIEW GOLF CLUB, according to the
recorded plat thereof.
DESCRIPTION OF EASEMENT:
The South 780 feet of the North 1585 feet of the West 40 feet; except the East
30 feet of the South 260 feet of the North 1585 feet and the East 25 feet of the
South 250 feet of the North 1055 feet.
.
Together with:
A temporary construction easement over the East 30 feet of the West 40 feet of
the South 260 feet of the North 1585 feet and the East 25 feet of the West 40 feet
of the South 250 feet of the North 1055 feet.
Said temporary construction easement shall expire on 7uly 31, 2002.
See also Exhibit "A" attached hereto and incorporated herein.
The grant of the foregoing parmanent easement for drainage and utility purposes includes
the right of the City, its contractors, agents and servants to enter upon the premises at all
reasonable rimes to construct, reconstruct, inspect, repair and maintain pipes, conduits and mains;
and the further right to remove trees, brush, undergrowth and other obstructions. After
completion of such construction, maintenance, repair or removal, the City shall restore the
premises to the condition in which it was found prior to the commencement of such actions, save
only far the necessary removal of trees, brush, undergrowth and other obstructions.
The grant of the foregoing temporary conshuction easement for site grading purposes
includes the right of the City, its contractors, agents and servants to enter upon the premises at all
reasonable times to conshuct, reconsriuct and inspect site grading and the further right to remove
trees, brush, undergrowth and other obstructions. After completion of such construction,
maintenance, repair or removal, the City shall restore the premises to the condition in which it was
found prior to the commencement of such actions, saue only for the necessary removal of trees,
brush, undergrowth and other obstnxctions, subject only to permanent easement alterations.
And the Landowner, its successors and assigns, does covenant with the City, its
successors and assigns, that it is the Landowner of the premises aforesaid and has good right to
grant and convey the easement herein to the City.
IN TESTIMONY WHEREOF, the Landowner has caused this easement to be executed
as of the day and year first above written.
PARKVIEW GOLF ASSOCIATES, LLC,
a Minnesota limited liability company
By:
Its:
2
STATE OF MINNESOTA)
)ss.
COUNTY OF D4KotA )
The foregoing instrument was aclmowledged before me this Z3 day of
1M10.y 2002, by 544Ylr- 1{nRw??4r1 , the
GfiIEF ?'ukt-0.. of PARKVIEW GOLF ASSOCIATES, LLC, a Minnesota limited
liability company, on behalf of the limited liability company.
STATE OF MINNESOTA)
)ss.
COUNTY OF kOTA-
jauw*l p..o??
N
KENNEfH P.SEVER50N
Notary Public
Minnesota
LS0MyCMM&qME)VMJan-31,2O05
The foregoing instnunent was acknowledged before me this 7-l` day of
0014 , 2002, by Patricia E. Awada and Maria Kazels, the Mayor and City Clerk
of the Cty of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation.
B??.B88? i
f' ' JUDY M. JENKINS?
, ?'? Iy?,? : NOTARYPUBLIC-NINNESOTA ?
=?'.-'bMyCommissionEzpiresJan.31,2J?
N a Public
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
ublic Works Department
Dated: S-6 -Ga
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: 206-19189)
STATE OF MINNESOTA)
)ss.
COUNTY OF DflKo" )
The foregoing instrument was acknowledged before me this 23 day of
1'Y114y , 2002, by 5"V1r- koR?M,?6.r.! the
f.p+(L F vV16Q , of PARKVIEW GOLF ASSOCIATES, LLC, a Minnesota limited liability
company, on behalf of the limited liability company.
APPROVED AS TO FORM:
City Attomey's Office
Dated: <//&?r) Z-
APPROVED AS TO CONTENT:
Mk?
`" Public Works Department
Dated: s= / S 0 ?
THIS INSTRUIvIENT WAS DRAFTED BY:
SEVERSON, SHELDON, DOUGHERTY &
MOLENDA, P.A.
7300 West 147th Street, Suite 600
Apple Valley MN 55124
(952) 432-3136
(RBB: 206-19189 - Easement No. 876)
KENNETH P.SEVERSON
Notery Public
Minnesota
Canrtdssian F)0rac Jan. 37, 2005