3437 Ivy Lane - Declaration of Easement. ?. ? ?
DECLARATION OF EASEMENT
This Declaration, made this 3 R9 day of May, 1995, by Principle Construction, Inc., a
Minnesota Corporation, hereinafter referred to as "Principle".
WHEREAS, Principle is the fee owner of the following described real property situated in the
County of Dakota and State of Minnesota, legally described as follows:
Lot 1, Block 2, Wescott Hills Revised 2nd Addition, according to the recorded plat thereof,
hereinafter referred to as "Parcel A"; and
Lot 2, Block 2, Wescott Hills Revised 2nd Addition, according to the recorded plat thereof,
hereinafter referred to as "Pdreel 8";.
WHEREAS, Principle intends to construct improvements located on Parcel B which will require
that sanitary sewer, storm sewer and water lines be constructed across Parcel A.
NOW, THEREFORE, the Declarant hereby creates and encumbers Parcel A with an easement
for construction and maintenance of sanitary sewer lines, storm sewer lines, and water lines, which
easement shall run in favor of Parcel B. Said easement shall be limited to the North 15 feet of the
South 25 feet of Parcel A.
The use of said easement shall be limited to the owners of Parcel B, their tenants and any
governmental unit which is responsible for maintaining sanitary sewer, storm sewer and water service
to Parcel B. All costs incurred in maintaining said sanitary sewer lines, storm sewer lines and water
lines shall be the sole responsibility ot the owners of Parcel B and in the event the owners of Parcel
A are required to pay for any cost incurred in maintaining said sanitary sewer, storm sewer or water
lines, they shall be indemnlfled against said cost by the owners of Parcel B. It is further understood
that the owners of Parcel B shall indemnify the owners of Parcel A against any personal injury which
may occur within the easement area due to its use by the owners of Parcel B, their servants, or agents,
and the servants or agents of any governmental unit rasponsible for maintaining said sanitary sewer,
storm sewer or water lines.
It is further understood that by granting this easement the Declarants are not creating a public
easement, but simply an easement for the sole benefit of the owners of Parcel B and any governmental
unit responsible for providing sanitary sewer, storm sewer, or water service to Parcel B.
All promises, obligations and undertakings contained herein shall constitute covenants which run
with the land and shall be binding upon the Declarant, its grantees, successors and assigns. No
amendment to this easement shall be valid or enforceable unless reduced to writing.
Principle Construction, Inc. a Minnesota
Corporation
By-
ItS !/?.-
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this day of May, 1995, by
5 C[ ?? 11<„i -?, ., the Vt CE-- l?, ?<<-?r(r,? J of Principle Construction, Inc., a
Minnesota Corporation, on behalf of the Corporation.
4?
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Notary Public
This Instrument Was Drafted By:
Cizad D. Lemmons
1210 W. County Road E
Arden Hilis, MN 55112
?`'?g CINDY L. EAHfiJS
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My Comm. Enpireslen.31, 2000
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CITY OF EAGAP Page 1 of S
YERMIT
TO YOR& VIT$ZDi CITY PROPERT7f/AIGHT-OF-AAY/EASEMENTS
"?
^?;? .? A .,
1. LocatioM _('?/,?? ?f
2. Nature of Work
Indicate below itema to be
Cur6 6 Gutter
Trail/Sidewalk
Pond/Wetlanda '
affected and include a sketch
Traffic Control Devices/Signs
Drainage
Structurea/Buildiaga
or plan of rork To be done.
Street Surface
Trees:
Public
Private
Utilities
4. ![ethod of Installation or Constzuctioa , 5? , _ ? '.t? _
5. iJork to start on or after:?ac d shall be completed by: -/ f'S unless an
extensioa graated to: by:
DATE STAFF/DAT •
6. Aill detouring of traffic be necessary??. If necessary to detour traffic,
describe suggested route:
DETOUBS; The Director of Public Works ahall be notified in writing at least 72
hours in advance of any detour being established, changed or diecontinued.
? . PHONE ?n'!°Urv?Dy
NAME OF APPLICANT ?, ? S-„ PLEAS? / ,d„?,.,G- fQ
PRINT ?
ADDRESS S
?Oi') .?
STATE 2IP
PAME OF PARTY OR ORGANIZATION PERFORMING WORK
CONTACT PERSON: EMERGENCY (24 HR.) PHONE
ADDRESSC7-1=4,.,,,`? DAY PHON
STREET CITY STATE ZIP
The tmdersigned herewith accepts the terms and conditions of this pezmit by the C1ty of Eagan
as herein contained and agree to fully comply therewith to the satisfaction of the City of
Eagan
Signe ??e DATE: f? "z
--------------------------- -................................................................
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FOR CITY USE ONLY AUTHORIZATIO OF PERMIT
FINANCIAL SECURITY: AHOUt?T?? r?7 ? C5 0' TYPE: 60 (Cash,bond,IAC,etc.)
Receipt No. Permit No.
In consideraiion of agreement to comply in all respects with the regulations of the City of
Eagan covering such operations, and puzsuant to authorization duly given by said City of
Eagan; permission ia hereby granted for the work to be done as described in the above
application, said work to be done in accordance vith apenisl provisions ea hereby stated:
OtlteY
APPR W BY: DE . 0£ PUBLIC WORKS
/
BY:
OOOV
/DATE
ALL LEGAL REQUIREMENTS SHOWN ON R£VERSE SIDE AND ON ALL •SPECIAL PROVISIONS" TO BE COMPLIED
iTITHt TFiE DATE WHEN WORK IS'COMPLETED MUST BE REPORTED TO THE FAGAN CITY ENGINEER.
permit No. Page 2 of 5 ?
PERTINENT REGUTATIONS
Safety
1. Traffic shall be alloved to pass and to be protected at all times. If it is not
possible to allow traffic to paas, a suitable detour must be provided and plans
submitted to the Director of Public Works 72 houre in advance.
2. Barricades shall be erected in a mamner vhich vill prwide suitable visibility in all
dlrections. All barricades shall be in good condition, and sll signs shall be of such
size and legibility to provide adequate waming to oncoming traffic. At least two 7"
flashing amber lights shall be mounted on each end barricade vith oas on an advanoe
varning sign.
3. Excavations must be shored or sheeted when necessary to prevent ander-mining of
roadway, trailways, utilities, or for safety reaaons.
4. Guys or atsys shall aot be attached to treea on right-of-waq or private property
without written permission.
5. . Flagmen shall be furnished by the party or organization performing the mork whenever
the work being done creates a hazazd either to the traffic using said road or the
personnel engaged in the construction, or when directed to do so by the City.
OPERATIONS
1. Permit on Job--Permits oz copies ehall-be kept pn the site of the work rthile it is in
progzess in the custody af the iadividusl fn charge, and shall be exhibited-upon
request made by any City official. 2. Provisions and Specifications--These general provisions, specifications and Std. Plate
P-1 shall be considered as forming an integral part of each and every permit issued for
operations within Eagan. The work authorized by this permit shall be done at such time
and in such manner as shall be consisteat with the safety of the public and shall
conform to all requirements'and atandards of the City. If at acry time it shall be
found by the City that the vork is not being or hae not been properlp performed, the
permittee, upon being notified by the City, shall immediately take the necessarq steps,
at hia own expense, to place the woxk in condition to conform to said requirements or
standazds.
3. Execution--The permittee shall use diligence in ihe execution of the vork authorized
under this permit in order not to endanger or unnecessarily obatruct travel along any
road or trailvay. Operations shall be so conducted at all times as to permit safe and
reasonsble free travel over ihe roads and trailways within the limits of the work
herein prescribed. All safety measures for the free movsment of traffic shall be
provided by the permittes at hie own coat.
4. Conformity to Lws--The lnstallation shall be made in conformity vith all applicable
lsws, regulationa and codes covering said installationa. All irrstallations shall be
made in conformity with regulations of governmental agencies for the protection of the
public. . .
e. The applicant shall furnish a bond or financial guarantae in the amount to be
determined by the City vhich is xequired to ensure adequate 6 timely completion
of repair. This bond or financial guarantee shall remsin in effect for 2 years
subaequent to completion of street repair to protect the City from defecta in
material, vorlmanship or aon-compliance vith City Standards oz specifications.
Permit No. Page 3 of 5
b. The applicant shall furnish evidence of public liability insuxance of not leas
than $100,000/300,000 and properry damage of not less than $25,000 iasued by an
insurance company authorized to do business in the State of Minmeaota on vhich
the City is nemed u an additional insured party.
c. Except for the negligent acts of the City, its agents and its employees, the
permittee shall assume all liability for, and save the City, its agents and 1ts
employees, harmless and defend same at ita sole cost' and expense from any and all
claims for demages, actions or causes of action arising out of the vork to be
'done herein and the continuing uses by the permittee, includiag but not limited
to the placing, constructing, and reconatructing, maintaining, protecting and use
of said facility under this application and permit for constructian.
5. Existing Facilities--The utility facility and installations sYiall not interfere vith
any existing utility facility on the City's right-oP-vay or easements. It ia the
reaponsibility of the applicant to call for neceasary locations of existing utilities.
(Gopher One 454-0002)
6. Private Propaxty--The vork permit or permit for construction as icsued does not in any
way imply an easement on private property.
7. Quelity of Work--Finished surface, base and sub-base of road or trailvay upon
completion of work shall be at least equal to or better than specifications of
originally provided road or trailvay in accordanne with City Standard Specifications.
8. Cutting Trees--The permission herein granted iloss not confer upon the permittee the
right to cut, remove or destroy trees or s5rubbery within ihe legal limita of the
right-of-way, easements that are not specifically identified on the plan attached to
this permit or relieve permittee from obtaining any cotisent otherwise zequired from the
owner of the property adjacent thereto.
9. Drainage--All watexways and linea of drainage shall remain opsrative.
10. Pole Anchors--Pole anchora, anchors, braces or other construction will be permitted
within right-of-vay or easements and vill be approvad on a case by case basis.
11. Driving Limitations.
a. Driving or parking on City trails oz sidewalks shall only be permitted for those
operations requiring direct acceas to the boulevazd area.
b. Vehicles operating or parked rithin the right-of-ray area shall utilize their
warning flashers at all times. .
c. Vehicles driving oa trails or sidewalka shall not operata in axceso of 5 milea
per hour. Vehicles shall operate at slowez speeds when reether oonditions, trail
conditions, poor visibility, obstructed sightlinee or other conditlons require
special precautions to ensure the safety of trail usere and the geeezal public.
d. Driving shall not be permittedwithin those boulevaril areas vhere damage to turf
trailvaya or other infrasizucture may occur.
e. ' Vehicles shall aot be parked on trails or aidewalks in auch a matmer as to.
tmnecessarily impede the safe and efficient use of trailways by the general
public.
Yermit No. page 4 of 5
12. Vehicles ar equipment traveraing roads or trailway surfaces ehall not utilize studded
or chained tires, caterpillar traction, or any other form of traction vhich vill result
in damage to ihe surface.
13. Clean-Up--Street, trailways and affected right-of-way shall be acraped clean at the end
of each mork day and swept clean after tonstruction is completed and left in a neat and
presentable condition.
14. Trees and Vegetation-Burning or disking operations and/or the use of chemicals to
control or destroy trees, brush and other vegetation is prohibited without prior
approval from the City.
15. Replacement of Sod--Wherever top-aoil and sod are disturbed, they shall be replaced and
msintained BatisfacLorily until the turf ia established. The undersigned hereby declarea he/she has read and aill comply with all the PERTINENT
BEGUTATIONS as stated above and relevant City Ordinances.
DATE:
SIGNED:
Revised 5/93
LTS#1-PERMIT.FM
PAGE 5 OF 5
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PROPERTY IINE
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TRAILWAY
SAME AS REMOVED
(3' Ii1WYUM)
SAME AS REMIOVED
(6' MINiMUM)
1. Curb and Gutter shall be removed only after saw eutting at joints and replaced
accoxding to speciEications or Standard Plate.
2. Bituminous psvement area removed shall be sawcut prlor to patching.
3. Boulevard sod zemoved shall be reFlaced with minimum 4" of topsoil and cultured sod.
4. 2341 bituminous wear course shall be paved.between May lst snd November 15th for
permanent patch. Temporary cold mix patch should be used Novembez 16th to April 20th
(or as permitted by weather).
5. Class S, ioor crushed aggregate base.
6. Roadway closures in accordance with Appendix B- Trsffic Coatrol for street or highway
vork zones - MnDOT/MUTCD.
7. Bituminous trailway closure requirements same as xoadway in #6 above. •
8, Backfill shall be thoroughly compacted by the "Specified Density Hethod" of compaction.
All suitable backfill materiel placed below a depth of five (5) feet below the final
pavement surface shall be placed in maximum 11fts of twelve (12) to eighteen (18)
inches and compacted to a minimum ninety-five (95X) percent of ASTM Specificatioa D698-
64T (Standard Proccor Density), method "A". All suitable backfill material placed
within five (5) feet below the final pavement surface shall be placed in lifts not to
exceed twelve (12) inches and eotopacted to a minimum of one-huadred (100X) percent of
the above ASTM Specification. .
c ity of eagan STREET AND BITUMtNOUS TRAI! WAY approved : sfandard
plate
PUB LIC EXCAVATION/PATCIi DETAIL
, WORKS 51?
TRAFFIC CONTROL REQUIREMENTS P_1
, DEPARTME
J
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