Loading...
1344 Interlachen Dr - Cancellation of Street Maintenance Notice oFeagan 3830 PILOT KNOB ROAD VIC ELLISON FAGAN, MINNESOTA 55122-1897 nwvor PHONE: (612) 454-8100 TMpµqq EGyN FFV(. (612) 454-8363 pqMo K. GusraFSON PAMEL4 McCRFA June 23, 1989 n+EOOOaEwnct+rEa CouncilMembars hKNNS HEDGES ciry nemwmmor EUGENEVAN OVERBEKE MR. AL HERMANN cnvcWk BRIDLEWILDE 8723 HICiHWOOD WAY APPLE VALLEY, MN. 55124 RE: Fairway Hills 2nd Additioa Canaellation of Street Maintenance Aqreement Lots 4 8 5, Slock 3, Fairway Hilis 2nd Addition Dear Mr. Hermann: On June 15, 1989, a cover letter forwarding three copies of the Termination Aqreement and Restricted Access Easement was forwarded to your attention (copy enclosed). on June 22nd the City received one executed copy of the Termination Agreement and the Access Restriction Easement. As you will note, the June 5th letter requested that all three conies of each agreement should be returned to my attention for counterexecution and/or recording by the City. Subsequently, the City is awaiting two other original copies to be returned. Also, there was a request to receive a written commitment from you agreeing to reimburse the City for all costs incurred through the preparation and recording of these agreements per your request. We have not yet received this written commitment either. The City will await your prompt response in regards to this matter so that we may facilitate compliance with your original request. Sincerely yours, ? i Thomas A. Colbert, P.E. Director of Public Works TAC/jf THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNIN Equal Opportunity/Affirmative Action Employer ? OF 3830 WIOT KNOB ROAD. P.O BOx 21199 EAGAN. MINNESOIA 55121 PHpNP (612) 45E-B1O0 June 5, 1989 MR. AL HERMANN HRIDLEWILDE 8723 HIGHWOOD WAY APPLE VALLEYe KN. 55124 RE: Fairvay Hills 2nd Addition Cancellatioa of Street liaintenance Agreement Lota 4 i 5, Slock 3 Fairway Hills 2ad Addition Dear A1: V1C ELLISON mor« 1NOntAS EGMI p4VID K GUSTAFSON FAMEtA McCRFq 1HEpppltE WACHiER cwrcl r.+m+eers hKMNS HEDGFS qry Ao?naa FUGEIJF VAN OVERBEKE Gry Ck't At the May 15th Council Meeting, the City Council approved your request to cancel the Street Snow Removal Agreement entered into as Exhibit E of the Development Agreement for Fairway Hills 2nd Addition. Enclosed you will firsd 3 copies of this termination agreement. In consideration for rescinding this special snow removal agreement, you indicated a willingness to place the access driveway for Lot 4 on the westerly edge. In order to ensure its location, the City is requesting the execution of the enclosed Access Restriction Easement in consideration for terminating the present Street Snow Removal Agreement. ? Therefore, please arrange for the execution of a1i 3 copies of each' agreement and return them to my attention for 'unter-execution of the termination agreement by the Mayor and C'ty Clerk. •r, ?14'?;? ? ?LA? 1 , ,. THE LONE OAK TREE . THE SVMBOL OF SiRENGTH AND GROWTH IN OUR COMMUNIiY , TERMINATION OF STREET SNOW REMOVAL AGREEMENT The City of Eagan, a Minnesota municipality and BRIDLEWILDE PROPERTIES, a Minnesota general partnership, hereby agree that that certain Street Snow Removal Agreement dated June 7, 1968, made with respect to the following described real propezty in Dakota County, Minnesota, to-wit: Lots 4 and 5, Block 3, FAIRWAY HILLS 2ND ADDITION, Dakota County, Minnesota is hereby null, void and terminated and of no further force and effect. IN WITNESS WHEREOF, we have hereunto set our han3s. BRIDLEWILDE PROPERTIES, a Minnesota general partnership BY: DALEWOOD, INC., a Minnesota general partnership _14&: General Partnet n !ROger?D: Derrick ITS: President CITY OF EAGAN 8y: Victor L. Ellison Its: Mayor By: E. J. VanOverbeke Its: Clerk ___..? ACCESS RESTRICTION EASEMENT BRIDLEWILDE PROPERTIES, a Minnesota general partnership, (Grantor) in consideration of the sum of $1.00 and other good and valuable consideration to it paid by the CITY OF EAGAN (City) the receipt and sufficiency of which is hereby acknowledged, does hereby grant to the City, its successots and assi9ns, the ri9ht, privilege and easement to utilize fot access cestriction purposes, the following described land situated in Dakota County, Minnesota le9ally described as follows: A one foot strip of land across the Easterly 71.45 feet of Lot 5, Block 3, Fairway Hills 2nd Addition, said strip of land being one foot wide and lying adjacent to and immediately south of the north line of Lot 5, Block 3, Fairway Hills 2nd Addition. This easement is granted for and limited to the express purpose of restricting vehiculat access to Interlachen Drive, except at locations approved by the City, over and upon the afore-described land, it being understood: . 1. The City shall have no obligation to maintain the lanfi and that the Grantor, its successors and assigns, may sod, seed, plant and maintain the land, provided that no driveway or other form of accessway may be constructed thereon. 2. The purpose of the easement is strictly limited to access restriction, and the City shall have no ri9ht to utilize the land foz any other purpose by reason of this easement. This instrument and Che covenants and agreements herein contained are binding upon the parties, their successors and assigns. Or 3830 PILOT KNOB ROAD. P.O BOX 27199 EAGAN. MINNESOTA 55121 PHONE (612) 454-8100 June 5, 1989 MR. AL HERMANN SRIDLEWILDE 8723 HIGHWOOD WAY APPLE VALLEY? MN. 55124 RE: Fairway xilis znd Addition Cancellation of 8treet Maintenance Aqreement Lots 4& 5, Block 3 Fairway Hilis 2n8 Addition Dear A1: VIC ELLISON M? rHoniws eGAw DAVID K. GUSiAFSON PAMEIA MCCREA 7HEODORE WACHiER Cq.llMembers THOMAS HEDGE$ Clry Ptlmmuhal« EUGENE VAN OVERBEKE Gfy C?rk At the May 15th Council Meeting, the City Council approved your request to cancel the Street Snow Removal Agreement entered into as Exhibit E of the Development Agreement for Fairway Hills 2nd Addition. Enclosed you will find 3 copies of this termination agreement. In consideration for rescinding this special snow removal agreement, you indicated a willingness to place the access driveway for Lot 4 on the westerly edge. In order to ensure its location, the City is requesting the execution of the enclosed Access Restriction Easement in consideration for terminating the present Street Snow Removal Agreement. Therefore, please arrange for the execution of all 3 copies of each agreement and return them to my attention for counter-execution of the termination agreement hy the Mayor and City Clerk. n THE LONE OAK TREE.. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNIN Page Two June 6, 1989 Also, in order to facilitate the processing of these agreements, it will be necessary to receive a written commitment from you agreeing to reimburse the City for all costs incurred through the preparation and recording of these agreements per your request. The Director of Finance, Gene VanOverbeke, will be able to provide you with the final financial obligation amount and possibly an estimate if requested. If you have any other questions regarding this process, please feel free to contact me. Sincerely yours, T omatS? lbert, P. E. Director of Public Works cc: Thomas L. Hedges, City Administrator Gene VanOVerbeke, Director of Finance Jim Sheldon, Ci[y Attorney TAC/jf Enclosures TSRMINATION OF STREET SNOF1 REhOVAL AGREEMENT The City of Eagan, a Minnesota municipality and BRIDLEWILDE PROPERTIES, a Minnesota general partnership, hereby agree that that certain Street Snow Removal Agreement dated June 7, 1988, made with respect to the following described real property in Dakota County, Minnesota, to-wit: Lots 4 and 5? Block 3, FAIRWAY HILLS 2ND ADDITION, Dakota County, Minnesota is hereby null, void ano terminated and of no further force and effect. IN WITNESS WHEREOF, we have hereunto set our hands. BRIDLEWILDE PROPERTIES, a Minnesota general partnership BY: DAL6WOODe INC., a Minnesota general partnership ITS: General Partner BY: Roger D. Derrick ITS: President CITY OF EAGAN By: Victor L. Ellison Its: Mayor By: E. J. vanOverbeke Its: Clerk ¦ IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed this day of STATE OF MINNESCTA ) ) 55. COUNTY OF ) DERRICK, Presiaent o , •r partnership, general partner of BRIDLEWILDE PROPERTIES, a Minnesota general partnership, on behalf of such partnerships, to me personally known, who being by me duly sworn, did say that he is a partner of the Partnexships named in the fozegoing instrument, and that the seal affixed to said instrwnent was signed and sealed on behalf of said Partnerships and said ROGER D. DERRICK acknowledged said instrument to be the free act and deed of said Partnerships. , 1989. SRIDLEWILDE PROPERTIESp a Minnesota general partnership By: DALEWOOD, INC.r a Minnesota general partnership ITS: General Partner BY: Roger D. Derrick ITS: President On this day of , 1989, before me a Notary Public within and for said County, personally appeareo ROGER D. - f DALEWOOD INC a Minnesota general THIS INSTRUMENT WAS DRAFTED BY: McMENOMY & SEVERSON, P.A. 7300 West 147th Stteet P.O. Box 24329 Apple Valley, NIId 55124 (612) 432-3136 J FS Notary Public -2- ¦