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-
¦