3635 Crestridge Dr - Drainage & Utility Temp Const EasementWITNESSETH:
Receipt#: 144141
ABSTRACT FEE $46.00
Return to:
SEVERSON SHELDON DOUGHERTY ETAL
7300 W 147TH ST #600
APPLE VALLEY, MN 55124
DRAINAGE AND UTILITY AND
TEMPORARY CONSTRUCTION EASEMENT
2793835
1
E
Lot 1, Block 1, TOWNEPLACE SUITES ADDITION, according to the recorded plat
thereof. The centerline of said perpetual easement is described as commencing at the
southeast corner of Lot 2, said Block 1; thence South 00 degrees 54 minutes 51
seconds East, assumed bearing, along the easterly line of said Lot 1 a distance of
153.77 feet to the point of beginning of the centerline to be described; thence South
83 degrees 49 minutes 55 seconds West 397.30 feet; thence South 16 degrees 31
minutes 30 seconds West 41.50 feet and there terminating.
Together with a perpetual easement for drainage and utility purposes over, under,
across and through that part of said Lot 1 described as beginning at the terminus of
said described centerline; thence South 81 degrees 20 minutes 52 seconds East 83.24
feet to the northwesterly line of the drainage and utility easement dedicated in said
TOWNEPLACE SUITES ADDITION; thence South 32 degrees 07 minutes 57
seconds West along said northwesterly line 96.38 feet to the angle point in the
northerly line of said drainage and utility easement; thence South 86 degrees 55
minutes 30 seconds West, along said northerly line, 260.81 to the westerly line of
said Lot 1; thence northeasterly along said westerly line 144.19 feet to the
intersection with a line bearing North 81 degrees 20 minutes 52 seconds West from
the point of beginning; thence South 81 degrees 20 minutes 52 seconds East 182.16
feet to the point of beginning.
Recorded on: 3/31 2011 09:23:09AM
By: DMB, Deputy
Joel T. Beckman County Recorder
Dakota County, MN
THIS DRAINAGE AND UTILITY AND TEMPORARY CONSTRUCTION EASEMENT
is made this 15th day of February , 2011, between CSM LODGING, L.L.C., a
Delaware 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 Fifty -nine Thousand Four Hundred and
no /100 Dollars ($59,400.00) 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 thirty -foot perpetual underground easement for drainage and utility purposes under,
across and through the following described premises, situated within Dakota County, Minnesota,
to -wit:
Except these parts thereof dedicated as drainage and utility easement in said
TOWNEPLACE SUITES ADDITION.
Together with a temporary easement for construction purposes over, under, across
and through that part of Lot 1, Block 1, TOWNEPLACE SUITES ADDITION,
according to the recorded plat thereof, described as commencing at the southeast
comer of Lot 2, said Block 1; thence South 00 degrees 54 minutes 51 seconds East,
assumed bearing, along the easterly line of said Lot 1 a distance of 153.77 feet;
thence South 83 degrees 49 minutes 55 seconds West 363.06 feet to the point of
beginning of the temporary easement to be described; thence continuing South 83
degrees 49 minutes 55 seconds West 34.24 feet; thence South 16 degrees 31 minutes
30 seconds West 41.50 feet; thence North 81 degrees 20 minutes 52 seconds West
182.16 feet to the westerly line of said Lot 1; thence northerly along said westerly
line 84.11 feet; thence South 72 degrees 20 minutes 02 seconds East 204.25 feet to
the point of beginning.
Together with a temporary easement for construction purposes over, under, across
and through that part of said Lot 1 described as commencing at the southeast corner
of Lot 2 said Block 1; thence South 00 degrees 54 minutes 51 seconds East, assumed
bearing, along the easterly line of said Lot 1 a distance of 153.77 feet; thence South
83 degrees 49 minutes 55 seconds West 322.24 feet to the point of beginning of the
temporary easement to be described; thence continuing South 83 degrees 49 minutes
55 seconds West 75.06 feet; thence South 16 degrees 31 minutes 30 seconds West
41.50 feet; thence South 81 degrees 20 minutes 52 seconds East 83.24 feet to the
northwesterly line of the drainage and utility easement dedicated in said
TOWNEPLACE SUITES ADDITION; thence North 32 degrees 07 minutes 57
seconds East along said northwesterly line 8.62 feet; thence North 00 degrees 28
minutes 45 seconds West 53.08 feet to the point of beginning.
Said temporary easements to expire November 1, 2012.
And as generally depicted on the attached Exhibit "A."
(said easement areas, collectively the "Property").
The grant of the foregoing permanent easement for drainage and utility purposes includes
the right of the City, its contractors, agents and servants to enter upon the Property 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 Property 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 Property to the condition in which it was found prior
to the commencement of such actions, save only for the necessary removal of potential
obstructions.
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 Property 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 Property 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 City's use of the 30 -foot wide drainage and utility easement (first easement described
above) shall be limited to the installation, maintenance, repair, replacement and removal of an
underground storm water pipe; and the easements herein granted shall not entitle the City to
construct a drainage ditch within said 30 -foot wide easement area.
During the City's initial construction or reconstruction of the improvements to be located
upon the Property, reasonable times, as referenced above, for the City to access the Property shall
be limited to the hours between 9:00 a.m. and 7:00 p.m. Thereafter, if the City needs to access
the Property after the initial construction (or reconstruction) for maintenance and repair purposes,
the City shall endeavor to limit access to the Property to the hours between 9:00 a.m. and 7:00
p.m. unless, in the City's discretion, it is necessary to access the Property at other times.
The City shall relocate or repair, to the reasonable satisfaction of Landowner and the
applicable utility company, any utilities located within the Property that are damaged as a result
of the City's use of the easements herein granted.
By acceptance of the permanent and temporary easements herein granted by Landowner
to City, the City agrees to be bound by the terms and provisions set forth herein.
The easements granted herein do not entitle the City to use or occupy the Property except
as specifically set forth herein. Landowner reserves the right to occupy and use the Property for
all purposes that do not interfere with the easements herein granted.
And the Landowner, its successors and assigns, does covenant with the City, its
successors and assigns, that it is the Landowner of the Property 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 HENNEPIN )
JEAN M. CROSBY
— Notary Public- Minnesota
My Commission Expires Jan 31, 2015
CSM LODGING, L.L.C., a Delaware
limited liabili company
By:
Its: Ma.n
The foregoing was acknowledged before me this / 5 day of February , 2011 ,
by Robert M. Dann , the Manager of CSM LODGING,
L.L.C., a Delware limited liability company, on behalf of the limited liability company.
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
Public Works Department
Dated: — ( l
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. 1211
(RBB: 206 - 27296)
CSM LODGING, ILO
3655 CRESTRID(E DR.
P.I.N. 107715001001
LEGEND
IBS DRAINAGE
UTL(TY EASEr rr
(40620 54 FL)
DENOTES laVORARY
I Nrt130631Q. FT.)
EASEMENT ACQUISMON
DUCKWOOD DE OVERPASS
art OF EAGAN NINNESCIA
EXHIBIT "A"
Parcel 8
CONSENT OF MORTGAGEE
The undersigned, holder of that certain mortgage by CSM Lodging, L.L.C., a Delaware
limited liability company, dated December 30, 1997 and recorded on January 14, 1998 as
Document No. 1469352 with the Dakota County Recorder (the "Mortgage "), hereby consents to
the foregoing Drainage and Utility Easement (the 'Basement ") and agrees that the Mortgage
shall be subordinate to the Easement. Except as expressly set forth above, the Mortgage shall
remain unmodified and in full force and effect.
,s By:
THE LINCOLN NATIONAL LIFE INSURANCE
COMPANY, an Indiana insurance corporation
STATE OF „ra-e
) ss.
COUNTY OFCA, ~, L - )
The foregoing ent was acknowledged before me this \,' day of
at ry1 , 201 yy �L Av: S -k,G. N the �:r� @�,s� .r�- of
The Lincoln 1►Vational Life Insurance Company, an Indiana insurance corporation, on behalf of
the insurance corporation.
e _
Notary Public
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