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3510 Federal Dr - ROW, Utility and Temp Construction EasementTogether with: And as depicted on the attached Exhibit "A." Receipt #: 129088 ABSTRACT FEE $46.00 Return to: SEVERSON SHELDON DOUGHERTY ETAL 7300 WEST 147TH STREET STE 600 APPLE VALLEY, MN 55124 RIGHT -OF -WAY, UTILITY AND TEMPORARY CONSTRUCTION EASEMENT WITNESSETH: 2773413 V Recorded on 12 20/2010 09:56:33AM By: TMC, Deputy Joel T. Beckman County Recorder Dakota County, MN THIS RIGHT - OF - WAY, UTILITY AND TEMPORARY CONSTRUCTION EASEMENT is made this 2' day of ,6ec:elt4562 , 2010, between TRUSEK, LLC, a Minnesota limited liability company, (the "Landowner "), and the City of Eagan, a Minnesota municipal corporation (the "City ") That the Landowner, in consideration of the sum of Fourteen Thousand and no /100 Dollars ($14,000.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, a permanent easement for right -of -way and utility purposes over and across the following described premises, situated within Dakota County, Minnesota, to -wit: That part of Lot 1, Block 1, YANKEE PLAZA, according to the recorded plat thereof, lying southwesterly of a line run parallel with and distant 40.0 feet northeasterly of a line described as beginning at the northwest corner of the Northeast Quarter of Section 16, Township 27, Range 23, Dakota County, Minnesota; thence South 00 degrees 25 minutes 54 seconds East, assumed bearing, along the west line of said Northeast Quarter a distance of 1695.18 feet; thence southeasterly 255.62 feet along a tangential curve concave to the northeast having a radius of 450.00 feet and a central angle of 32 degrees 32 minutes 47 seconds (centerline) and there terminating. A 4.50 foot temporary easement for construction purposes over, under, across and through Lot 1, Block 1, YANKEE PLAZA, according to the recorded plat thereof. Said temporary easement lies northeasterly of and adjacent to a line run parallel with and distant 40.0 feet northeasterly of a line described as beginning at the northwest corner of the Northeast Quarter of Section 16, Township 27, Range 23, Dakota County, Minnesota; thence South 00 degrees 25 minutes 54 seconds East, assumed bearing, along the west line of said Northeast Quarter a distance of 1695.18 feet; thence southeasterly 255.62 feet along a tangential curve concave to the northeast having a radius of 450.00 feet and a central angle of 32 degrees 32 minutes 47 seconds (centerline) and there terminating. Together with such additional land as may be needed for construction of the Duckwood overpass. (the "Property "). This temporary easement shall expire on June 30, 2012 or upon the completion of the Duckwood overpass over Interstate 35E, and all restoration work, whichever occurs first. The grant of the foregoing permanent easement for right -of -way and utility purposes includes the right of the City, its contractors, agents and servants to construct, reconstruct, inspect, repair and maintain a roadway and erect and maintain signs in conjunction with the public's use of said roadway and appurtenances and any signs erected in conjunction with the use of the roadway and appurtenances. The grant of the foregoing temporary easement for construction purposes includes the right of the City, its contractors, agents and servants to enter upon the premises at all reasonable times to construct, reconstruct 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, including the repair or replacement of any curb or driveway apron, save only for the necessary removal of trees, brush, undergrowth and other obstructions, subject only to permanent easement alterations. The Landowner, its successors and assigns, does covenant with the City, its successors and assigns, that it is the owner of the premises aforesaid and has good right to grant and convey the easement herein to the City. IN WITNESS WHEREOF, the Landowner has caused this instrument to be executed as of the day and year first written above. STATE OF MINNESOTA ) )ss. COUNTY OF b; I ) The foregoing was acknowledged before me this 2010, by - T"E,e.RA/ J CLI> , the Got LF a Minnesota limited liability company, on behalf of the limited ;o�';r. GALLAGHER NOTARY PUBLIC MINNESOTA 14.4 „,, My Commission Expires Jan. 31, 2015 - ¢aa - Notary Put 1 TRUSEK, LLC, a Minnesota limited liability company 2- day of l)EC EP-1 E --R- , HA- N,66,g/Lof TRUSEK, LLC, liability cw pany. . 1 1 6. APPROVED AS TO FORM: City Attorney's Office Dated: ( //v APPROVED AS TO CONTENT: Public Works Department Dated: I2. — - -la THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley MN 55124 (952) 432-3136 Easement No. 1208 (RBB: 206 - 27296) EXHIBIT "A" TRUSW, INC. 3510 FEDERAL ON. P.I.N. 108145001001 LEGEND DENOTES PERPETUAL EASEMENT (509 SO. FT.) FBI EASEMENT ACWINTION DUCKWOOD DRIVE OVERPASS *11910 an OF EAGAN, MINNESOTA Parcel 1