3595 Krestwood Lane - ROW & Utility EasementRIGHT -OF -WAY AND UTILITY EASEMENT
THIS RIGHT -OF -WAY AND UTILITY EASEMENT is made this /3 day of
A N u AiZY 2011, between REALTY INCOME CORPORATION, a Maryland
corporation (the "Landowner "), and the City of Eagan, a Minnesota municipal corporation (the
"City").
That the Landowner, in consideration of the sum of Eleven Thousand Four Hundred and
no /100 Dollars ($11,400.00) 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 perpetual easement for right -of -way, drainage and utility purposes over, under, across and
through the following described premises, situated within Dakota County, Minnesota, to -wit:
That part of Lot 1, Block 1, FIRST MINNEHAHA ADDITION, according to the
recorded plat thereof, described as commencing at the northwest corner of said
Lot 1; thence South 00 degrees 57 minutes 53 seconds East, assumed bearing,
along the west line of said Lot 1, a distance of 4.61 feet to the point of beginning
of the perpetual easement to be described; thence continuing South 00 degrees 57
minutes 53 seconds East along said west line a distance of 34.39 feet; thence
easterly North 89 degrees 02 minutes 07 seconds East 11.0 feet; thence North 18
degrees 34 minutes 17 seconds East to the intersection with a line bearing North
89 degrees 53 minutes 34 seconds East from the point of beginning; thence South
89 degrees 53 minutes 34 seconds West to the point of beginning.
And as depicted on the attached Exhibit "A."
(hereinafter the "Easement Area ").
WITNESSETH:
Receipt#: 136825
ABSTRACT FEE $46.00
Return to:
SEVERSON SHELDON DOUGHERTY ETAL
7300 W 147TH ST #600
APPLE VALLEY, MN 55124
2784615
Recorded on: 2/7/2011 10:01:51AM
By DMB, Deputy
Joel T. Beckman County Recorder
Dakota County, MN
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. Any City improvements and appurtenances constructed on the Easement Area
shall be kept and maintained by the City in good order and condition.
The grant of the foregoing permanent easement for utility purposes includes the right of
the City, its contractors, agents and servants to enter upon the premises at all reasonable times to
construct, reconstruct, inspect, repair and maintain pipes, conduits and mains; and the further
right, but not obligation, to enter upon the premises at all reasonable times to remove potential
obstructions, such as wood, brush, leaf piles, grass clippings, or other objects that may plug the
pipes, conduits or mains 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, save only for the necessary removal of potential obstructions.
Landowner reserves the right to itself and its successors and assigns to have the full use
and enjoyment of the Easement Area except as to the rights herein granted. Landowner reserves
the right to grant additional easements through the Easement Area so long as the use of such
easements does not unreasonably interfere with the easement granted to the City herein.
The City shall insure that all contractors performing work within the Easement Area shall
maintain commercially reasonable insurance covering all of its activities and operations and
naming the Landowner as an additional insured there under.
And the Landowner, its successors and assigns, does covenant with the City, its
successors and assigns, that it is the Landowner 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.
TE OF
COUNTY OF
,approved As To Form
Legal Depa
The foregoing was acknowledge
)ss. S T IC' I+
ore me t
CORPORATION, a Marylan• e • ration, on behalf of orporation.
Notary Public
2
REALTY INCOME CORPORATION., a
Maryland corp • ration
By:
Its:
Michael R Pf
Pff Ir
Executive Vice Pre.'ent
General Counsel
day of ,2011
by , - of REALTY INCOME
APPROVED AS TO FORM:
City Attorney's Office
Dated: '12u It I
APPROVED AS TO CONTENT:
Public Works Department
Dated: t —2`; `( (
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, SHELDON, DOUGHERTY &
MOLENDA, P.A.
7300 West 147th Street, Suite 600
Apple Valley MN 55124
(952) 432 -3136
(RBB: 206- 27296)
(Easement. 1233)
3
STATE OF CALIFORNIA
COUNTY OF SAN DTFGO
On January 13, 2011 before me, Susan Busch, Notary Public, personally appeared
Michael R. Pfeiffer, who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
L A-.Q.-0-in &A.( ).(4
Signature of Notary Public
(ACKNOWLEDGMENT)
(Notary Seal)
SUSAN BUSCH
Commission # 1778628
Notary Public - California
San Diego County
My Comm. Expires Nov6, 2011
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sale 10 taai
REALTY INCOME CORP.
3595 KRESTW000 LN.
P.l.N.102650001001
DENOTES PERPETUAL.
EASEMENT (588 SQ. FT)
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C+w6416m0.
Job 17015
4/2212010
EASEMENT ACQUISITION
DUCKWOOD DRIVE OVERPASS
CRY OF EAGAN, MINNESOTA
EXHIBIT "A"
4
Parcel 9