HomeMy WebLinkAbout6.n. First Amendment to Purchase Agreement
E X E C U T I V E S U M M A R Y
City Council Regular Meeting: April 4, 2023
AGENDA ITEM: First Amendment to Purchase Agreement
- McMenomy Woods
AGENDA SECTION:
Consent
PREPARED BY: Dan Schultz, Parks & Recreation Director AGENDA NO. 6.n.
ATTACHMENTS: Resolution, First Amendment to
Purchase Agreement, Location Map,
Purchase Agreement
APPROVED BY: LJM
RECOMMENDED ACTION: Motion to adopt a resolution that approves the City Council
approving the First Amendment to Purchase Agreement for the Fee Tile of the McMenomy
Woods property.
BACKGROUND
The closing for the conveyance of the McMenomy Woods property was scheduled for March 30, 2023,
however, certain conditions, including an appraisal by the Department of Natural Resources have delayed
the scheduled closing and have caused the closing date to pass. The parties desire to extend the closing date.
The parties agreed for the closing of this transaction be extended to occur in no event later than April 8,
2023, unless both parties mutually agree to extensions of this Agreement. The attached resolution and First
Amendment to the Purchase Agreement allow for the closing to now take place prior to April 8, 2023.
The City’s Parks Master Plan identifies the McMenomy Woods property (future conservation area C-1) as
a potential location for a future City Park. The vision is that the property would function as a passive park
with several walking trails similar Carroll’s Woods. The possibility has been discussed since the idea was
first introduced in the City of Rosemount 1991 Parks Master Plan. The attached location map shows the
McMenomy Woods parcels outlined in yellow and the Vermillion Greenway Trail is a green line on the
map. Dakota County has an agreement to purchase the land between the McMenomy properties outlined
in yellow. The northern portion of the McMenomy property could be a future city park divided into the
Vermillion Highlands Greenway Corridor and natural area since the County funding would have two
different funding sources. The southern area would be divided into a parking area, greenway corridor and
natural area.
Staff from the City of Rosemount and Dakota County have been working with the McMenomy family for
several years on a purchase and preservation plan for the McMenomy Woods. In 2017, the McMenomy
family submitted a land protection application to Dakota County. Recently, the County identified funding
sources to purchase a conservation easement to preserve and protect the properties natural resources.
They have also secured funding to purchase a greenway trail corridor on the property. The County is
purchasing a conservation easement and greenway easement on the property. The fee title to the property
is being purchased by the City.
RECOMMENDATION
Staff is recommending that the City Council adopt a resolution approving the First Amendment to
Purchase Agreement for the Fee Tile of the McMenomy Woods property.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2023-
A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF
FIRST AMENDMENT TO PURCHASE AGREEMENT FOR THE
MCMENOMY PROPERTY
WHEREAS, the City of Rosemount and the McMenomys entered into a certain
Purchase Agreement (the “Purchase Agreement”) regarding the City’s purchase of
69.48 acres of land (PID No. 34-01610-01-010) in Rosemount, Dakota County,
Minnesota (the “Property”), for preservation and restoration of open space,
conservation areas, greenways, and wildlife corridors.
WHEREAS, the Purchase Agreement designated a closing date for the Property on
March 30, 2023; and
WHEREAS, the Department of Natural Resources required further review of the
appraisals regarding the Property and certain corridor and conservation easements to
separately be acquired, and such review was not completed until the originally
designated closing date; and
WHEREAS, the City and the McMenomys agreed to an amendment to the Purchase
Agreement, extending the closing date to no later than April 8, 2023; and
WHEREAS, the City and the McMenomys hereby desire to formally amend the
Purchase Agreement to revise the closing date for the conveyance of the Property to no
later than April 8, 2023, and conclude this transaction; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rosemount, Minnesota hereby approves of the First Amendment to the Purchase
Agreement, and that the Mayor and City Clerk are authorized and directed to execute
the First Amendment to the Purchase Agreement on behalf of the City.
ADOPTED this 4th of April 2023.
Jeffery D. Weisensel, Mayor
ATTEST:
Erin Fasbender, City Clerk
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FIRST AMENDMENT TO PURCHASE AGREEMENT
THIS FIRST AMENDMENT (“Agreement”) is made and entered into this day of
, 2023 (“Effective Date”), by and between the City of Rosemount, a Minnesota
municipal corporation (the “Buyer”) and Michael F. McMenomy, John E. McMenomy, Elizabeth
A. McMenomy as trustee under the Trust Agreement of Elizabeth A. McMenomy, Daniel
McMenomy, Robert McMenomy, Terrence McMenomy, and William McMenomy, (each an
“Individual Seller” and collectively, the “Seller”).
RECITALS
1) The Seller is the fee owner of certain real property located in Rosemount, Dakota
County, Minnesota (PID 34-01610-01-010) (the “City Property”).
2) The Seller has agreed to sell and the Buyer has agreed to purchase the Property, subject
to the terms and conditions of a purchase agreement “Purchase Agreement” duly
executed between the parties, with an effective date of January 30, 2023.
3) The closing for the conveyance of the Property was scheduled for March 30, 2023,
however, certain conditions, including an appraisal by the Department of Natural
Resources have delayed the scheduled closing and have caused the closing date to pass.
The parties desire to extend the closing date.
NOW, THEREFORE, the parties hereto agree as follows:
1) The closing of this transaction shall be extended to occur in no event later than April 8,
2023, unless both parties mutually agree to extensions of this Agreement.
2) All other terms of the purchase agreement and any amendments remain binding.
[Signatures on following page]
DOCSOPEN\RS220\432\866071.v1-3/30/23
BUYER:
City of Rosemount
By:
Jeffery D. Weisensel, Mayor
By:
Erin Fasbender, City Clerk
SELLER:
By:
Michael F. McMenomy
By:
John E. McMenomy
By:
Elizabeth A. McMenomy, Trustee under
the Trust Agreement of Elizabeth A. McMenomy
By:
Daniel McMenomy
By:
Robert McMenomy
By:
William McMenomy
2
Location Map
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AGREEMENT FOR THE PURCHASE OF FEE TITLE OF THE MCMENOMY
PROPERTY
This Real Estate Purchase Agreement (hereinafter referred to as the “Agreement”), made and entered into
on the day of , 2022 (hereinafter called the “Effective Date”), by and between Michael F.
McMenomy, having an undivided 29.2857% interest; John McMenomy, having an undivided 25.0% interest;
Elizabeth A. McMenomy as trustee under the trust agreement of Elizabeth A. McMenomy, having an
undivided 16.4286% interest; Daniel McMenomy, having an undivided 7.321425% interest; Robert
McMenomy, having an undivided 7.321425% interest, Terry McMenomy, having an undivided 7.321425%
interest; and William McMenomy, having an undivided 7.321425% interest; (hereinafter collectively called
the “Seller”); and the City of Rosemount, a Minnesota municipal corporation, (hereinafter called the “Buyer”)
(and hereafter each a “Party” and collectively the “Parties”).
WITNESSETH
WHEREAS, the above named individuals collectively referred to as Seller is not a partnership, joint
venture or agent of each other, but rather individuals or trusts who each own an individual undivided interest
as tenants in common in the percentage of ownership as stated above to the Property, defined in paragraph
1.k., below; and
WHEREAS, the above individual sellers are not liable for the actions or omissions of each other
and are not liable for the individual representations and warranties made herein by each individual seller;
and
WHEREAS, Seller is the owner of real property (PID 34-01610-01-010) as defined in paragraph
1.k., below, situated in Dakota County, Minnesota; and
WHEREAS, Seller agrees to sell, and Buyer agrees to buy fee title to the Property.
NOW, THEREFORE, in consideration of the mutual promises and covenants and agreements
stated in this document, it is agreed by and between Seller and Buyer as follows:
AGREEMENT
1. DEFINITIONS. As used in this Agreement, the following terms shall have the meaning
provided herein:
a. “Access” shall mean a temporary pedestrian access easement commencing from the date
of closing for three (3) years as legally described on Exhibit E attached hereto. Said access
easement shall terminate if new access is provided to the southern portion of the Property
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DOCSOPEN\RS220\432\820226.v2-8/31/22 2
from adjacent property (PIN 34-01610-09-010) to the north or from adjacent property (PIN
34-01610-75-010) to the south.
b. “Agreement” shall mean this Agreement for the purchase of the Property by Buyer from
Seller as of the Effective Date.
c. “Closing” shall mean the process by which the Buyer, Seller and Title Company execute
all necessary documents, together with any other documents required by the Seller or the
Title Company to complete the transaction contemplated herein.
d. “Closing Date” shall mean on or before November 30, 2022.
e. “Corridor Easement” shall mean the Regional Greenway Corridor Easementencumbering
the Property to preserve it primarily in its present state for the conservation purpose of
protection of a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem as
that phrase is used in Section 170(h)(4)(A)(ii) of the Internal Revenue Code, or as that
section may be amended from time to time, and in the regulations promulgated thereunder;
and which allows a paved recreational trail and associated trail amenities, legally described
on Exhibit C and generally depicted on Exhibit C-1, attached hereto.
f. “Easement Areas” shall mean that certain real estate encumbered by a Natural Area
Conservation Easement and a Corridor Easement, both to be acquired by the County of
Dakota and situated in Dakota County, Minnesota, as legally described on Exhibits B and
C, respectively, and generally depicted on Exhibits B-1 and C-1, respectively attached
hereto.
g. “Effective Date” shall mean the last date of execution by either Party to this Agreement.
h. “Environmental Law” shall mean each and every federal, state, and local law, statute,
ordinance, regulation, rule, judicial or administrative order or decree, permit, license,
approval, authorization or similar requirement pertaining to the protection of human health
and safety or the environment.
i. “Hazardous Substance” shall mean any substance which is (i) defined as a hazardous
substance, hazardous material, hazardous waste, pollutant or contaminant under any
Environmental Law, (ii) a petroleum hydrocarbon, including crude oil or any fraction
thereof, (iii) hazardous, toxic, corrosive, flammable, explosive, infectious, radioactive,
carcinogenic, or reproductive toxicant, (iv) regulated pursuant to any Environmental
Law(s), or (v) any pesticide regulated under state or federal law.
j. “Natural Area Conservation Easement” shall mean an instrument encumbering the
Property to preserve it primarily in its present state for the conservation purpose of
protection of a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem as
that phrase is used in Section 170(h)(4)(A)(ii) of the Internal Revenue Code, or as that
DOCSOPEN\RS220\432\820226.v2-8/31/22 3
section may be amended from time to time, and in the regulations promulgated thereunder,
legally described on Exhibit B and generally depicted on Exhibit B-1, attached hereto.
k. “Property” shall mean that separate tax parcel having Property Identification Number 34-
01610-01-010, legally described in Exhibit A and generally depicted in Exhibit A-1,
attached hereto and to be partially encumbered by the Natural Area Conservation
Easement and the Regional Greenway Corridor Easement.
l. “Purchase Price” shall mean the sum of Three Hundred Fifty-Two Thousand Nine
Hundred Eighty Dollars ($352,980).
m. “Title Company” shall mean DCA Title Company located at 7373 - 147th Street West, Suite
161, Apple Valley, Minnesota 55124.
2. FEE OWNER. Each individual seller represents that they own an undivided interest as a
tenant in common in the Property as stated above and hereby agrees to sell the Property, subject only to
the following exceptions:
a. Building and zoning laws, ordinances, State and Federal regulations.
b. Utility, drainage, and public road easements of record.
c. Natural Area Conservation Easement, Corridor Easement and any other easements,
restrictions, and reservations of record, if any.
3. DEVELOPMENT RIGHTS. There are two development rights currently allowed by local
ordinance on the Property. Seller previously agreed to convey all existing development rights to Buyer upon
the conveyance of a Natural Area Conservation Easement on the Property, and Seller shall retain no
development rights. Upon the Closing, no development rights shall remain within the Easement Area. The
status of any development rights shall be subject to the terms and conditions of the Natural Area
Conservation Easement and Corridor Easement.
4. TITLE EXAMINATION. Within twenty (20) days after the Effective Date, Buyer shall pay
the entire cost for updating the title insurance commitment/binder. Buyer shall have twenty (20) days after
its receipt of the title commitment to make any objections to title (hereinafter referred to as “Objections").
Buyer shall make any such Objections in writing or the Objection shall be deemed waived. If Objections
are made, Seller shall have one hundred twenty (120) days following receipt of the Objections to make title
marketable.
If title is not marketable and is not made so within one hundred twenty (120) days from Seller’s
receipt of the Objections, Buyer may terminate this Agreement and neither Party shall have any rights or
obligations hereunder, nor be liable for damages or costs to the other Party.
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If Buyer obtains title insurance, Buyer is not waiving the right to obtain a good and marketable title
of record from Seller.
5. PAYMENT TERMS. As consideration for the covenants and agreements made herein,
Buyer agrees to pay the Purchase Price to Seller for the Property, less closing costs as allocated in
Paragraph 6, below, payable in cash upon the execution and delivery of the Warranty Deed and other
documents necessary to complete the Closing on the Closing Date.
Payment of the Purchase Price shall be distributed as follows:
a. Michael F. McMenomy shall receive $103,373
b. John McMenomy shall receive $88,245
c. Elizabeth A. McMenomy shall receive $57,990
d. Daniel McMenomy shall receive $25,843
e. Robert. McMenomy shall receive $25,843
f. Terry McMenomy shall receive $25,843
g. William McMenomy shall receive $25,843
6. CLOSING COSTS.
a. Seller shall be responsible for, and pay the following costs: tax and judgment search; any
corrective title action taken by Seller and fees associated with Seller’s efforts to make title
marketable, if any; Seller’s attorneys’ fees; and fifty (50) percent of closing fees charged
by the Title Company. If a power of attorney is necessary for Seller to complete the
Closing, then Seller is responsible for all costs associated with the power of attorney
document including, but not limited, to the preparation costs and recording fees.
b. Buyer is responsible for paying the following costs: special assessment search; title
commitment and supplements; examination fee; name search; property inspection; title
insurance premium; fifty (50) percent of closing fees charged by the Title Company; and
Buyer’s attorneys’ fees.
7. SELLER’S CLOSING DOCUMENTS. Seller agrees to execute and deliver the following
documents to Buyer on the date of closing:
a. A duly recordable Warranty Deed conveying the Property to Buyer.
b. A Bring-Down Certificate, as defined below.
c. Standard form Affidavit of Seller.
d. Affidavit of the Seller confirming that the Seller is not a foreign person within the meaning
of Section 1445 of the Internal Revenue Code.
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e. A completed Minnesota Well Disclosure Certificate or a statement that the Seller is not
aware of any wells on the Property.
f. Evidence of the Seller’s authority and authorization to enter this transaction as may be
required by the Title Company.
g. Such other documents as may be reasonably required by the Title Company.
8. TAXES AND SPECIAL ASSESSMENTS. Seller shall pay past due, deferred Green Acres
taxes, and any special assessments levied against the Property. Seller shall pay, on or before the Closing
Date, all levied special assessments, constituting a lien against the Property as of the Closing Date,
including, without limitation, any installments of special assessments that are payable with general real
estate taxes in the year in which Closing occurs.
9. SELLER’S REPRESENTATIONS AND WARRANTIES. Each individual seller warrants
that the following are true in all material respects now and will be true in all material respects on the Closing
Date:
a. Each individual seller has requisite power and authority to enter into and perform this
Agreement (and the persons signing this Agreement as Seller have full power and authority
to sign for Seller and to bind them to this Agreement) and to sell, transfer and convey all
right, title and interest in and to the Property.
b. To each individual seller’s knowledge, the execution of this Agreement will not constitute a
breach or default under any agreement to which the Seller is bound and/or to which the
Property is subject.
c. To each individual seller’s knowledge, there is no suit, action, arbitration, or legal,
administrative or other proceeding or injury pending or threatened against the Property or
any portion thereof or pending or threatened against the Seller which could affect the
Seller’s title to the Property or subject an owner of the Property to liability.
d. To each individual seller’s knowledge, there is no lease, license, permit, option, right of first
refusal or other agreement, oral or written, which affects the Property.
e. To each individual seller’s knowledge There is a right of access to the Property from a
public right of way.
f. To each individual seller’s knowledge, there are no present violations of any restrictions
relating to the use or improvement of the Property or any uncured notices which have been
served upon the Seller by any governmental agency notifying the Seller of any violations
of statute, order, ordinance, rule, requirement, or regulation which would affect the Property
or any portion thereof.
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g. To each individual seller’s knowledge, the Property is not subject to a lien for Medical
Assistance or other public assistance.
h. To each individual seller’s knowledge, the individual seller has no knowledge, nor does
Seller have reason to know, of any condition at, on, under or related to the Property
presently or potentially posing a significant hazard to human health or the environment
(whether or not such condition constitutes a violation of Environmental Laws, as previously
defined).
i. To each individual seller’s knowledge, the individual seller has no knowledge, nor does
Seller have reason to know, of any production, use, treatment, storage, transportation, or
disposal of any Hazardous Substance (as previously defined) on or under the Property or,
nor has there been any release or threatened release of any Hazardous Substance,
pollutant or contaminant into, upon or over the Property or into or upon ground or surface
water at the Property or within the immediate vicinity of the Property.
j. To each individual seller’s knowledge, the individual seller is in compliance with all laws
and regulations in connection with any handling, use, storage or disposal of Hazardous
Substances at the Property, including the maintenance of all required permits and
approvals.
k. To each individual seller’s knowledge, the individual seller is in compliance with all
Environmental Laws with respect to the Property.
l. To the best of the Seller’s knowledge, no sewage treatment system exists on the Property.
m. To the best of each individual seller’s knowledge, no wells exists on the Property.
n. To the best of each individual seller’s knowledge, methamphetamine production has not
occurred on the Property.
Each of the above representations is material and is relied upon by Buyer. Except insofar as the
Seller has advised Buyer in writing to the contrary, each of the above representations shall be deemed to
have been made as of Closing and shall survive Closing for a period of one (1) year after the Closing Date.
At Closing, Seller shall deliver to Buyer a certificate in a form satisfactory to Buyer stating that each
of the above representations is true and correct as of Closing (hereinafter referred to as the “Bring-Down
Certificate”).
The
If, before the Closing, the Seller discovers any information or facts that would materially change
these warranties and representations, the Seller shall immediately give notice to Buyer of those facts and
information. If any of the foregoing representations and warranties ceases to be true before the Closing,
the Seller will promptly remedy the problem, at the Seller’s sole cost and expense, upon receipt of notice
DOCSOPEN\RS220\432\820226.v2-8/31/22 7
by Buyer. If the material change is not remedied before Closing, Buyer may elect to either (a) terminate
this Agreement and Buyer shall have no obligation to purchase the Property or (b) defer the Closing until
such material change has been remedied. Buyer’s election in this regard shall not constitute a waiver of
Buyer’s rights in regard to any loss or liability suffered as a result of a representation or warranty not being
true nor shall it constitute a waiver of any other remedies provided in this Agreement or by law or in equity.
10. ACCESS EASEMENT. Legal access to the southern portion of the Property is not currently
available via adjacent public land or right of way. A temporary pedestrian Access Easement to the Property
shall be conveyed to Buyer at Closing.
11. CONDITIONS PRECEDENT FOR BUYER. In addition to the title examination, the
purchase of the Property by Buyer is contingent upon:
a. Buyer determining in its sole discretion that the condition of the Property is acceptable. From
the date of this Agreement through November 15, 2022, or two weeks prior to the Date of
Closing, the Buyer, its employees, contractors, and agents shall have the right to inspect and
investigate the Property at all reasonable times and to perform any tests it deems necessary,
including tests to evaluate the environmental condition of the Property. Buyer shall coordinate
any such inspections to accommodate the schedule of Seller, who shall not unreasonably
withhold permission to inspect or investigate. Buyer shall repair any damage to the Property
occurring in connection with any such testing and restore the land and property to its original
condition prior to the testing to Seller’s reasonable satisfaction. Buyer agrees to promptly refill
holes dug and repair any damage to the Property as a result of its activities. Buyer shall keep
the property free of any liens or third-party claims as a result of testing or its activities on the
Property. Buyer agrees to indemnify and hold harmless Seller from any loss, cost or expense
(including reasonable attorneys' fees) for death, bodily injury or damage to the Property related
to Buyer’s tests or to Buyer's or its agents or contractors presence on the Property.
b. The Minnesota Department of Natural Resources’ (hereinafter referred to as the “DNR”)
acceptance of the appraised value of the Property and Natural Area Conservation Easement,
as determined by an independent technical review appraiser hired by the DNR to evaluate the
appraisal report.
c. Seller signing and executing a separate purchase agreement with the County of Dakota to
convey a 63.2-acre Natural Area Conservation Easement to the County of Dakota for the
purchase price of Two Million Seven Hundred Fifteen Thousand Three Hundred Twenty-
Two Dollars ($2,715,322) and Sellers signing and conveying the Natural Area Conservation
Easement to the County of Dakota.
d. Seller signing and executing a separate purchase agreement with the County of Dakota to
convey a 5.7-acre Corridor Easement to the County of Dakota for the purchase price of Two
Hundred Forty-Six Thousand Eight Hundred Forty-Eight Dollars ($246,848) and Sellers
signing and conveying the Corridor Easement to the County of Dakota.
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e. The Metropolitan Council approving a seventy-five percent (75%) Acquisition Opportunity Fund
grant to the County of Dakota for the purchase of the Corridor Easement.
If the above contingencies are not satisfied Buyer may terminate this Agreement and neither Party
shall be liable for damages to the other Party.
12. CONDITION PRECEDENT FOR SELLER. The sale of the Property from the Seller to the Buyer
is conditioned upon the following:
a. The County of Dakota executing a separate purchase agreement with the Seller and full
payment of Two Million Seven Hundred Fifteen Thousand Three Hundred Twenty-
Two Dollars ($2,715,322) to the Seller for a 63.2-acre Natural Area Conservation
Easement on the Property.
b. The County of Dakota executing a separate purchase agreement with the Seller and full
payment of Two Hundred Forty-Six Thousand Eight Hundred Forty-Eight Dollars
($246,848) for a Corridor Easement on the Property.
c. The City approving the purchase of the Property for Three Hundred Fifty-Two Thousand
Nine Hundred Eighty Dollars ($352,980), as documented by a resolution approving the
purchase of the Property by the Rosemount City Council.
d. Seller’s approval of the terms of the Access Easement.
e. Seller’s approval of the terms of the Wastewater Facility Rights Agreement and Easement
and the location of the Wastewater Facility in favor of the Metropolitan Council under the
Corridor Easement.
13. METROPOLITAN COUNCIL FUNDING RESTRICTIONS AND COVENANTS. The Buyer
and Seller acknowledge that the County of Dakota’s purchase of the Corridor Easement may be funded, in
part, by a grant from the Metropolitan Council (hereinafter referred as the “Council”) which requires the
following additional restrictions on the Property for funding eligibility, and hereby place such restrictions and
covenants on the Property in addition to the restrictions placed on the Property as follows:
A. Conveyances. Buyer may not sell, lease, or mortgage the Easement Area or any portion
thereof, or otherwise convey or grant any other easement or allow any other encumbrance
to be placed against the Corridor Easement or restrict the use thereof unless the written
approval of the Council or its successors is duly filed and recorded at the time of the filing
and recording of the instrument to which such approval pertains.
b. Regional Purpose. The Corridor Easement shall be used solely for regional recreational
open space purposes as those purposes are from time to time defined by the Council or its
successors, unless the Council or its successors shall consent to the other use or uses by
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written instrument duly filed and recorded and designating the nature, extent, and duration
of the use for which such consent is given. Without limiting the foregoing, the Regional Trail
and Wastewater Facilities (see Section 15.c. below), together with uses such as benches,
bike racks, local trail connections, information kiosks, retaining walls, drinking fountains, and
tables, and fences are permitted uses for regional recreational open space purposes.
c. Wastewater Facilities. Seller and Buyer acknowledge that, as a condition for the County of
Dakota to receive funding from the Council, Buyer and County of Dakota must grant the
Council the option to construct, operate and maintain Wastewater Facilities in the Easement
Area. Seller consents to and permits the Buyer to assign the rights necessary to accomplish
the construction, operation and maintenance of the Wastewater Facility (hereinafter referred
to as the “Wastewater Facility Rights”) to the Council, its successors or assigns. Upon
written request by and at no cost to the Council, Buyer will execute and deliver to the Council
an assignment of rights allowing the Council to construct, install, operate and maintain the
Wastewater Facilities over, under and across the Easement Area substantially in the form
of the assignment attached hereto and incorporated herein as the attached Exhibit D for
the location or locations described by the Council in its written request to Buyer. The Parties
acknowledge that pursuant to a Grant Agreement entered or to be entered between the
Council and the County of Dakota, Council may exercise its contractual right to the
Wastewater Facilities Rights on one or more occasions. Buyer agrees that the Wastewater
Facilities Rights may not be exercised unless assigned to the Council, its successors or
assigns.
If the County of Dakota is eligible to receive Council funding for the Corridor Easement on the
Property, Buyer and Seller will allow the above-described, additional Council-required restrictions within the
Property substantially in the form of the attached Exhibit D.
14. CLOSING. The Closing shall occur on the Closing Date at Title Company’s office. Seller
and Buyer may mutually agree in writing to alter the Closing Date.
15. RISK OF LOSS. Until Closing, all risk of loss is on Seller. If the Easement Area is damaged
prior to closing, Seller shall give Buyer notice within five (5) business days after such damage has occurred.
The notice shall include Seller’s proposal for repairing the damage. From the date that Buyer receives
Seller’s notice, Buyer shall have three (3) business days to inspect the Easement Area and an additional
(2) business days to determine if the damages and the Seller’s proposal for repairs are acceptable to Buyer,
at Buyer’s sole discretion. If Buyer does not accept Seller’s proposal for repairs within the five (5) business
day period, Buyer may terminate this Agreement and neither party shall have any further rights of
obligations hereunder.
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16. REMEDIES UPON DEFAULT. In the event that Seller defaults in the performance of any
of its obligations under this Agreement, Buyer shall, in addition to any and all other remedies provided in
this Agreement or at law or in equity, have the right of specific performance against Seller. In the event
that Buyer defaults in the performance of any of its obligations under this Agreement, Seller shall have, as
its sole and exclusive remedy, the right to terminate this Agreement by giving 30 days’ written notice to
Buyer, as permitted by Minnesota Statutes § 559.21 as amended from time to time.
17. NO BROKER’S COMMISSION. The Buyer has not used a real estate broker in connection
with this Agreement or the transaction contemplated by this Agreement and the Parties agree that the Buyer
is not responsible for any portion of a broker’s commission or finder’s fee related to the Seller. In the event
that the Seller has used a broker, or any person asserts a claim for a broker’s commission or finder’s fee
related to the Seller, that the Seller will indemnify, defend, and hold the Buyer harmless from and against
the claim and this indemnification shall survive Closing or any earlier termination of this Agreement.
18. WAIVER OF DISCLOSURE. Unless otherwise required herein, Buyer waives the written
disclosures required under Minnesota Statutes §§ 513.52 to 513.60 as applicable.
19. MISCELLANEOUS.
a. Time of Essence. The Parties hereto agree that time is of the essence in the performance
of this Agreement.
b. Notices. Notices to be given under this Agreement shall be in writing and sent by registered
or certified mail, addressed to the Parties at the following addresses:
With respect to Buyer:
City of Rosemount
Attn: City Administrator
2875 145th Street West
Rosemount, MN 55068-2997
With copies to:
Kennedy & Graven, Chartered
Attn: Rosemount City Attorney
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
DOCSOPEN\RS220\432\820226.v2-8/31/22 11
With respect to Seller:
Michael F. McMenomy
1838 Fairmount Avenue
St Paul, MN 55105
John McMenomy
1419 Park Street
White Bear MN 55110
Elizabeth A. McMenomy as trustee under the trust agreement of Elizabeth A.
McMenomy
3610 Upper 143 ST W
Rosemount, MN 55068
Daniel McMenomy
6097 East Ironwood Drive
Scottsdale, AZ 85266
Robert McMenomy
2912 Rose Avenue
McHenry, IL 60050
Terry McMenomy
28390 S Larch Road
St. Maries, ID 83861
William McMenomy
SE 170th Humphreys Loop
The Villages, FL 32162
The addresses to which notices are to be mailed to either Party may be changed by such Party by giving
written notice thereof to the other Party in the manner above provided.
c. Non-Joint Venture. The Parties agree that nothing contained herein shall be considered a
partnership or joint venture undertaken by the Parties.
d. Minnesota Law. This Agreement shall be governed by the laws of the State of Minnesota.
Venue for all legal proceedings arising out of this Agreement, or breach thereof, shall be in
the state or federal court with competent jurisdiction in Dakota County, Minnesota.
e. Representation by Counsel. The Seller understands that the Buyer and the County
Attorney’s Office do not represent the Seller in this matter. The Seller has had an
opportunity to review the terms of this Agreement with Seller’s own legal counsel, whether
Seller has elected to consult with counsel or not. Seller has read and understands the
terms of this Agreement and agrees to be bound by the terms of this Agreement.
f. Entire Agreement. This Agreement, along with any exhibits, appendices, addendums,
schedules, and written amendments hereto, encompasses the entire agreement of the
Parties, and supersedes all previous understandings and agreements between the Parties,
whether oral or written.
g. Amendments. Any amendments or modifications to this Agreement shall be in writing and
shall be executed by the same Parties who executed the original Agreement or their heirs,
successors, or assigns.
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h. Waiver. The waiver by any Party of a breach of any provision of this Agreement shall not
be deemed a continuing waiver or a waiver of any subsequent breach whether of the same
or another provision of this Agreement.
i. Severability. Each provision of this Agreement is severable from any other provision of this
Agreement. Should any provision of this Agreement for any reason be unenforceable, the
balance of the Agreement shall nonetheless be of full force and effect.
j. Headings. The headings used in this Agreement are for convenience of reference only
and shall not operate or be construed to alter or affect the meaning of any of the provisions
in this Agreement.
k. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original and which together shall constitute one and the same agreement.
-This Space Intentionally Left Blank-
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IN TESTIMONY WHEREOF, the Parties hereto have caused this Agreement to be executed the day and
year first recited herein.
SELLER
Michael F. McMenomy
Date of Signature
John McMenomy
Date of Signature
Elizabeth A. McMenomy, as trustee under the trust agreement of Elizabeth A. McMenomy
Date of Signature
Daniel McMenomy
Date of Signature
Robert McMenomy
Date of Signature
Terry McMenomy
Date of Signature
William McMenomy
DOCSOPEN\RS220\432\820226.v2-8/31/22 14
Date of Signature
BUYER
City of Rosemount
Name,
Title
Date of Signature
Name,
Title
Date of Signature
Approved as to form:
City Attorney
Date of Signature
Approved by City Council Resolution No. 22-
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Legal Description of the Property
EXHIBIT A
The East one half of the Northeast quarter (E ½ of NE ¼) of Section Sixteen (16), Township One hundred
fifteen (115), Range Nineteen (19), Dakota County, Minnesota, according to the United States Government
survey thereof, except, however, the North half of the South half of the Southeast quarter of the Northeast
quarter (N ½ of S ½ of SE ¼ of NE ¼) of said Section Sixteen (16), Township One hundred fifteen (115),
Range Nineteen (19), together with the right of way privilege reserved by M. P. Hobart over a strip of One
(1) rod in width of the East side of said North Half of the South half of the Southeast quarter of the Northeast
quarter (N ½ of S ½ of SE ¼ of NE ¼) and subject to the right of way privileges granted by the said Hobart
to Louis Krohne over a strip one (1) rod wide of the East side of the said East half of the Northeast quarter
(E ½ of NE ¼) of said Section Sixteen (16), Town and Range aforesaid as set forth and described in a
warranty deed executed by said Hobart and wife to Louis Krohne, dated February 2, 1912, recorded
February 3, 1912 in the office of the Register of Deeds of said County in Book 118 of Deeds on page 202.
Legal Description of the Temporary Pedestrian Access Easement to
the Easement on the McMenomy Property
A temporary pedestrian access easement over the north 10.00 feet of the west 1340.00 feet of the North
Half of the Southeast Quarter of Section 16, Township 115 North, Range 19 West, Dakota County,
Minnesota,
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Depiction of the Property
EXHIBIT A-1
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Exhibit B
Legal Description of the Natural Area Conservation
Easement
A permanent Natural Area Conservation Easement over the East Half of the Northeast Quarter of Section
16, Township 115 North, Range 19 West, Dakota County, Minnesota, EXCEPTING therefrom the North
Half of the South Half of the Southeast Quarter of said Northeast Quarter of Section 16.
And
ALSO EXCEPTING from said easement the following described parcel: Commencing at the northwest
corner of said Southeast Quarter of the Northeast Quarter of Section 16; thence South 00 degrees 11
minutes 32 seconds West, assumed bearing, along the west line of said Southeast Quarter of the
Northeast Quarter of Section 16; a distance of 63.40 feet to the point of beginning of the easement to be
described; thence South 82 degrees 07 minutes 25 seconds East a distance of 358.17 feet; thence South
63 degrees 17 minutes 26 seconds East a distance of 201.49 feet; thence South 38 degrees 57 minutes
20 seconds East a distance of 373.07 feet; thence South 86 degrees 06 minutes 37 seconds East a
distance of 194.62 feet; thence South 05 degrees 17 minutes 18 seconds East a distance of 142.12 feet
to the north line of the North Half of the South Half of said Southeast quarter of the Northeast Quarter;
thence South 20 degrees 38 minutes 00 seconds West a distance of 348.58 feet to the south line of said
North Half of the South Half of said Southeast quarter of the Northeast Quarter; thence South 22 degrees
04 minutes 11 seconds East a distance of 300.31 feet; thence South 88 degrees 04 minutes 32 seconds
East a distance of 186.66 feet; thence South 21 degrees 39 minutes 44 seconds East, a distance of
43.16 feet to the south line of said Southeast Quarter of the Northeast Quarter of Section 16; thence
South 89 degrees 48 minutes 03 seconds West along said south line of the Southeast Quarter of the
Northeast Quarter of Section 16, a distance of 400.06 feet; thence North 11 degrees 04 minutes 12
seconds West a distance of 331.72 feet to said south line of the North Half of the South Half of said
Southeast quarter of the Northeast Quarter; thence North 05 degrees 01 minutes 40 seconds East a
distance of 234.26 feet; thence North 50 degrees 33 minutes 11 seconds West a distance of 144.92 feet
to said north line of the North Half of the South Half of said Southeast quarter of the Northeast Quarter;
thence North 07 degrees 26 minutes 21 seconds West a distance of 186.45 feet; thence North 40
degrees 57 minutes 20 seconds West a distance of 227.33 feet; thence North 86 degrees 08 minutes 54
seconds West, a distance of 442.50 feet to said west line of the Southeast Quarter of the Northeast
Quarter of Section 16; thence North 00 degrees 11 minutes 32 seconds East along said west line of the
Southeast Quarter of the Northeast Quarter of Section 16 a distance of 199.52 feet to the point of
beginning.
And
ALSO EXCEPTING from said easement that part of the South Half of the South Half of the Southeast
Quarter of the Northeast Quarter, Section 16, Township 115 North, Range 19 West, Dakota County,
Minnesota described as follows: Commencing at the southeast corner of said Southeast Quarter of the
Northeast Quarter of said Section 16; thence South 89 degrees 48 minutes 03 seconds West, assumed
bearing, along the south line of said Southeast Quarter of the Northeast Quarter of Section 16 a distance
of 550.56 feet to the point of beginning of the parcel to be described; thence continue South 89 degrees
48 minutes 03 seconds West along said south line a distance of 142.56 feet; thence North 00 degrees 11
minutes 57 seconds West a distance of 179.20 feet; thence North 89 degrees 48 minutes 03 seconds
East a distance of 108.15 feet; thence South 11 degrees 04 minutes 12 seconds East a distance of
182.47 feet to the point of beginning.
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Easement Area: 63.2 acres
Exhibit B-1
Depiction of the Natural Area Conservation Easement
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Legal Description of the Corridor Easement
Exhibit C
A permanent regional greenway corridor easement over that part of the Southeast Quarter of the
Northeast Quarter, Section 16, Township 115 North, Range 19 West, Dakota County, Minnesota
described as follows:
Commencing at the northwest corner of said Southeast Quarter of the Northeast Quarter of Section 16;
thence South 00 degrees 11 minutes 32 seconds West, assumed bearing, along the west line of said
Southeast Quarter of the Northeast Quarter of Section 16; a distance of 63.40 feet to the point of
beginning of the easement to be described; thence South 82 degrees 07 minutes 25 seconds East a
distance of 358.17 feet; thence South 63 degrees 17 minutes 26 seconds East a distance of 201.49 feet;
thence South 38 degrees 57 minutes 20 seconds East a distance of 373.07 feet; thence South 86
degrees 06 minutes 37 seconds East a distance of 194.62 feet; thence South 05 degrees 17 minutes 18
seconds East a distance of 142.12 feet to the north line of the North Half of the South Half of said
Southeast quarter of the Northeast Quarter; thence South 20 degrees 38 minutes 00 seconds West a
distance of 348.58 feet to the south line of said North Half of the South Half of said Southeast quarter of
the Northeast Quarter; thence South 22 degrees 04 minutes 11 seconds east a distance of 300.31 feet;
thence South 88 degrees 04 minutes 32 seconds East a distance of 186.66 feet; thence South 21
degrees 39 minutes 44 seconds East, a distance of 43.16 feet to the south line of said Southeast Quarter
of the Northeast Quarter of Section 16; thence South 89 degrees 48 minutes 03 seconds West along said
south line of the Southeast Quarter of the Northeast Quarter of Section 16, a distance of 400.06 feet;
thence North 11 degrees 04 minutes 12 seconds West a distance of 331.72 feet to said south line of the
North Half of the South Half of said Southeast quarter of the Northeast Quarter; thence North 05 degrees
01 minutes 40 seconds East a distance of 234.26 feet; thence North 50 degrees 33 minutes 11 seconds
West a distance of 144.92 feet to said north line of the North Half of the South Half of said Southeast
quarter of the Northeast Quarter; thence North 07 degrees 26 minutes 21 seconds West a distance of
186.45 feet; thence North 40 degrees 57 minutes 20 seconds West a distance of 227.33 feet; thence
North 86 degrees 08 minutes 54 seconds West, a distance of 442.50 feet to said west line of the
Southeast Quarter of the Northeast Quarter of Section 16; thence North 00 degrees 11 minutes 32
seconds East along said west line of the Southeast Quarter of the Northeast Quarter of Section 16 a
distance of 199.52 feet to the point of beginning EXCEPTING from said Greenway easement that part
lying within said North Half of the South Half of the Southeast Quarter of the Northeast Quarter of said
Section 16.
Easement Area = 5.72 acres
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Exhibit C-1
Depiction of the Corridor Easement
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Exhibit D
AGREEMENT AND RESTRICTIVE COVENANT
THIS AGREEMENT AND RESTRICTIVE COVENANT is made and entered into this
day , 202_, by and between COUNTY OF DAKOTA (the
“Grantee”) and the Metropolitan Council, a political subdivision of the State of Minnesota (the
“Council”).
RECITALS
390. The Grantee has acquired the following described real property, to-wit:
See attached Exhibit A, hereinafter referred to as the “Corridor Easement.”
2. The Council has contributed funds toward the acquisition of the Corridor Easement
pursuant to its grant program authorized by chapter 563, Laws of Minnesota, 1974.
3. The grant program was established pursuant to the law to provide for the acquisition,
preservation, protection, development, and betterment of regional recreational open space
for public use.
4. The grant agreement under which the Council contributed funds towards the acquisition of
the Corridor Easement is identified as SG- .
NOW, THEREFORE, in consideration of the grant made by the Council to the Grantee
and in consideration of the mutual agreements and covenants contained in this Agreement, the
parties agree as follows:
390. No sale, lease, mortgage, or other conveyance, nor the creation of any easement,
restriction, or other encumbrance against the Corridor Easement shall be valid for any
purpose unless the written approval of the Council or its successors is duly filed and
recorded at the time of the filing and recording of the instrument to which such approval
pertains, nor shall the Corridor Easement be used for any purpose except regional
recreational open space purposes as those purposes are from time to time defined by
the Council or its successors, unless the Council or its successors shall consent to the
other use or uses by written instrument duly filed and recorded and designating the
nature, extent, and duration of the use for which such consent is given.
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2. As a condition to this Grant, and provided that conveyance of such easement or easements
is consistent with the Approved Master Plan, the Grantee agrees to convey to the Council,
its successors or assigns, a permanent easement or easements, hereinafter referred to as
“Wastewater Facilities Easement[s]” for future regional wastewater conveyance corridors
within the Easement Area. Upon written request by and at no cost to the Council, Grantee
will execute and deliver to the Council the Wastewater Facilities Easement[s] substantially
in the form of the Easement attached hereto and incorporated herein for the location or
locations described by the Council in its written request to Grantee. The Council may
exercise this contractual right to the Wastewater Facilities Easement[s] on one or more
occasions.
The Council agrees to work cooperatively with Grantee to locate the Wastewater Facilities
Easement[s] and the regional wastewater conveyance facilities within the Easement Area
in a manner which minimizes the impact on existing and planned park system facilities
within the Easement Area and natural resources. As further consideration for the
conveyance of the Wastewater Facilities Easement[s], the Council agrees to waive the
Sewer Availability Charge for the Easement Area.
As a further condition for this Grant, the Council may, at any time after execution of this
Grant, provide to Grantee written notification of the proposed location of a future regional
wastewater conveyance corridor within the Easement Area. Grantee agrees not to place or
allow to be placed any restrictions, conditions, or encumbrances on the Corridor Easement
within the proposed future regional wastewater conveyance corridor without the written
consent of the Council.
This Agreement and Restrictive Covenant may be enforced by the Council or its
successors, as then defined, by appropriate action in the courts of the State of Minnesota.
-This Space Intentionally Left Blank-
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IN WITNESS WHEREOF, the parties have caused this instrument to be executed in their respective
names all as of the date first above written.
METROPOLITAN COUNCIL, a public
corporation and political subdivision of the
State of Minnesota
Name, Community Development Director
Date:
STATE OF MINNESOTA)
) SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
, 202_, by Name , Community Development Director of the
METROPOLITAN COUNCIL, a public corporation and political subdivision of the State of
Minnesota, on its behalf.
Notary Public
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COUNTY OF DAKOTA
Name, Chair
Board of Commissioners
Attested to By:
Name, Clerk to the Board
Approved by Dakota County
Board Resolution No. 2_-
Approved as to Form:
Assistant County Attorney
Date:
KS-2_-
Contract No.
STATE OF MINNESOTA )
) SS
COUNTY OF )
On the day of , 202_, before me a notary public within and for
the County of Dakota, personally appeared Name , Chair of the Board of
Commissioners and acknowledged that s/he executed said instrument on behalf of the County by
authority of its Board.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Peter A. Hanf, Associate General Counsel
License No. 0268124
Metropolitan Council 390 Robert Street No
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St. Paul, MN 55101 EXHIBIT A TO AGREEMENT
Project Description
-Insert project description-
Legal Description
Property Identification Number: 34-01610-01-010
A permanent regional greenway corridor easement over that part of the Southeast Quarter of the Northeast
Quarter, Section 16, Township 115 North, Range 19 West, Dakota County, Minnesota described as follows:
Commencing at the northwest corner of said Southeast Quarter of the Northeast Quarter of Section 16;
thence South 00 degrees 11 minutes 32 seconds West, assumed bearing, along the west line of said
Southeast Quarter of the Northeast Quarter of Section 16; a distance of 63.40 feet to the point of beginning of
the easement to be described; thence South 82 degrees 07 minutes 25 seconds East a distance of 358.17
feet; thence South 63 degrees 17 minutes 26 seconds East a distance of 201.49 feet; thence South 38
degrees 57 minutes 20 seconds East a distance of 373.07 feet; thence South 86 degrees 06 minutes 37
seconds East a distance of 194.62 feet; thence South 05 degrees 17 minutes 18 seconds East a distance of
142.12 feet to the north line of the North Half of the South Half of said Southeast quarter of the Northeast
Quarter; thence South 20 degrees 38 minutes 00 seconds West a distance of 348.58 feet to the south line of
said North Half of the South Half of said Southeast quarter of the Northeast Quarter; thence South 22 degrees
04 minutes 11 seconds East a distance of 300.31 feet; thence South 88 degrees 04 minutes 32 seconds East
a distance of 186.66 feet; thence South 21 degrees 39 minutes 44 seconds East, a distance of 43.16 feet to
the south line of said Southeast Quarter of the Northeast Quarter of Section 16; thence South 89 degrees 48
minutes 03 seconds West along said south line of the Southeast Quarter of the Northeast Quarter of Section
16, a distance of 400.06 feet; thence North 11 degrees 04 minutes 12 seconds West a distance of 331.72 feet
to said south line of the North Half of the South Half of said Southeast quarter of the Northeast Quarter;
thence North 05 degrees 01 minutes 40 seconds East a distance of 234.26 feet; thence North 50 degrees 33
minutes 11 seconds West a distance of 144.92 feet to said north line of the North Half of the South Half of
said Southeast quarter of the Northeast Quarter; thence North 07 degrees 26 minutes 21 seconds West a
distance of 186.45 feet; thence North 40 degrees 57 minutes 20 seconds West a distance of 227.33 feet;
thence North 86 degrees 08 minutes 54 seconds West, a distance of 442.50 feet to said west line of the
Southeast Quarter of the Northeast Quarter of Section 16; thence North 00 degrees 11 minutes 32 seconds
East along said west line of the Southeast Quarter of the Northeast Quarter of Section 16 a distance of
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199.52 feet to the point of beginning EXCEPTING from said Greenway easement that part lying within said
North Half of the South Half of the Southeast Quarter of the Northeast Quarter of said Section 16.
Easement Area = 5.72 acres
[EXAMPLE]
EASEMENT
THIS INSTRUMENT, MADE THIS day of , 202_, by and
between the County of Dakota, Grantor, and the Metropolitan Council, a public corporation and
political subdivision of the state (successor to the Metropolitan Waste Control Commission), Grantee;
WITNESSETH, that Grantor(s), in consideration of One Dollar and other good and valuable
consideration to in hand paid by Grantee, the receipt of which is hereby acknowledged,
does hereby grant, bargain, sell, and convey to Grantee, its successors and assigns, the following
described easement for sanitary sewer and utility purposes:
[Insert Legal Description of EASEMENT]
Said temporary easement to expire on or before .
The above described easement includes the rights of grantee, its contractors, agents and
employees to do whatever is necessary for enjoyment of the rights granted herein including the right
to enter the easement for purposes of constructing, operating, maintaining, altering, repairing,
replacing, and/or removing said sewers and utilities.
Grantor(s), heirs, successors and assigns, will not erect, construct, or create any
building, improvement, obstruction or structure of any kind, either above or below the surface, or
stockpile soils, construction debris, or construction equipment or change the grade thereof, without
the express written permission of the Grantee.
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Metropolitan Council Grant SG-10927
Agreement and Restrictive Covenant
Notwithstanding the aforementioned provision, the following improvements by Grantor(s),
heirs, successors, and assigns do not require Grantee’s written approval: fences, parking lots, street
and/or roadways, landscaping, bushes, shrubs. However, Grantor(s) hereby agree(s) that Grantee
will not be responsible for and will not pay for the loss of or any damage to or replace or restore
the following items within the easement area: fences, trees, shrubs, bushes or other plantings, other
than grass or sod.
Grantor(s) covenant(s) that it is has acquired the above described Easement and has a
lawful right and authority to convey and grant the easement described herein.
-This Space Intentionally Left Blank-
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IN WITNESS WHEREOF, the said Grantor(s) has/have caused this Easement to be
executed as of the date noted above.
GRANTOR
COUNTY OF DAKOTA
Name, Chair
Board of Commissioners
Attested to By:
Name, Clerk to the Board
Approved by Dakota County
Board Resolution No. 2_-
Approved as to Form:
Assistant County Attorney
Date:
KS-2_-
Contract No.
STATE OF MINNESOTA)
) SS
COUNTY OF DAKOTA )
On the day of , 202_, before me a notary public within and
for the County of Dakota, personally appeared Name , Chair of the Board of
Commissioners and acknowledged that he/she executed said instrument by authority of the Board.
Notary Public
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STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
GRANTEE
METROPOLITAN COUNCIL, a public
corporation and political subdivision of the
State of Minnesota
Name, Regional Administrator
Date:
The foregoing instrument was acknowledged before me this day of
, 202_, by Name , Regional Administrator of the
METROPOLITAN COUNCIL, a public corporation and political subdivision of the State of
Minnesota, on its behalf.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Peter A. Hanf
Associate General Counsel
License No. 0268124
Metropolitan Council
390 Robert Street North
St. Paul, MN 55101
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EXHIBIT E
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Legal Description of the Temporary Pedestrian Access Easement
A temporary pedestrian access easement over the north 10.00 feet of the west 1340.00 feet of the North
Half of the Southeast Quarter of Section 16, Township 115 North, Range 19 West, Dakota County,
Minnesota.