1379 Town Centre Dr - Right of Way EasementReceipt#: 144141
ABSTRACT FEE $46.00
Return to:
SEVERSON SHELDON DOUGHERTY ETAL
7300 W 147TH ST #600
APPLE VALLEY, MN 55124
RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT
WITNESSETH:
2793836
That part of Lot 1, Block 1, TOWN CENTRE 70 SIXTH ADDITION, according
to the recorded plat thereof, lying easterly of a line described as beginning at a
point on the south line of said Lot 1 distant 17.0 feet easterly of the southeast
comer of Parcel 72, DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO.
25, according to the recorded plat thereof; thence northwesterly to a point on the
east line of said Parcel 72 distant 17.0 feet northwesterly of said southeast corner;
thence northwesterly along said east line to the north comer of said Parcel 72 and
there terminating and also lying southerly of a line described as commencing at
the southwest corner of said Lotl; thence North 03 degrees 54 minutes 21 seconds
East, assumed bearing, along the west line of said Lot 1 a distance of 9.07 feet to
the point of beginning of the line to be described; thence North 89 degrees 24
minutes 40 seconds East 82.16 feet; thence northeasterly 185.84 feet along a
tangential curve concave to the northwest having a radius of 311.50 feet and a
central angle of 34 degrees 11 minutes 00 seconds; thence North 63 degrees 59
minutes 53 seconds East, not tangent to said curve, 71.28 feet to the southeasterly
line of said Lot 1 and there terminating.
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Recorded on 3/31/2011 09:23:10AM
By: DMB, Deputy
Joel T. Beckman County Recorder
Dakota County, MN
THIS RIGHT -OF -WAY, DRAINAGE � UTILITY EASEMENT AND'1EMPORARY
CONSTRUCTION EASEMENT is made this y day of March, 2011, between EAGAN AUTO
MALL 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 Fifty -seven Thousand and Two
Hundred and no /100 Dollars ($57,200.00) 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:
Together With:
A 17.0 foot temporary easement for construction purposes over, under, across and
through that part of Lot 1, Block 1, TOWN CENTRE 70 SIXTH ADDITION,
according to the recorded plat thereof lying easterly of a line described as
beginning at a point on the south line of said Lot 1 distant 17.0 feet easterly of the
southeast comer of Parcel 72, DAKOTA COUNTY ROAD RIGHT OF WAY
MAP NO. 25, according to the recorded plat thereof; thence northwesterly to a
point on the east line of said Parcel 72 distant 17.0 feet northwesterly of said
southeast corner; thence northwesterly along said east line to the north comer of
said Parcel 72 and there terminating. Said perpetual easement lies northerly of and
adjacent to a line described as commencing at the southwest corner of said Lot 1;
thence North 03 degrees 54 minutes 21 seconds East, assumed bearing, along the
west line of said Lot 1 a distance of 9.07 feet to the point of beginning of the line
to be described; thence North 89 degrees 24 minutes 40 seconds East 82.16 feet;
thence northeasterly 185.84 feet along a tangential curve concave to the northwest
having a radius of 311.50 feet and a central angle of 34 degrees 11 minutes 00
seconds; thence North 63 degrees 59 minutes 53 seconds East, not tangent to said
curve, 71.28 feet to the southeasterly line of said Lot 1 and there terminating.
This temporary easement shall expire 18 months from the date of possession or March 1,
2013, whichever occurs first.
And as generally depicted on the attached Exhibit "A."
(hereinafter collectively the "Easement Area ").
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
paid 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 drainage and 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.
By accepting this Easement, the City agrees to keep the utility lines (that are located
within the city right -of -way) in good repair and at its sole cost. The City also agrees to perform
the construction, repair and maintenance of its installations (the "City's Work ") in such a manner
as to not unduly disrupt the business operations of any facility on the premises. After completion
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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.
STATE OF MINNESOTA )
COUNTY OF
The foregoinz was acknowledged before me this day of /404,--0--, , 2011
by CY16L 1 k P h r 2Krt , the C , LA � of EAGAN AUTO
MALL LLC, a Minnesotd limited liability company, on behalf of i ra 'mited liability company.
)ss.
3
EAGAN AUTO MALL LLC,
a Minn •t• ' !'.a liability company
By:
Its:
tIAIM
LESLIE E. JOHNSON
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2015
APPROVED AS TO FORM:
A /.`
City ttorney's $ ffi ; 41 "
Dated:
APPROVED AS TO CONTENT:
Public Works Department
Dated: 3- tom- ( (
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. 1212
(RBB: 206- 27296)
4
The undersigned holder of a mortgage dated as of the 16 day of August 2005, recorded
August 30, 2005, in the office of the County Recorder, Dakota County, Minnesota as Document
No. 2356005, covering the Property described in the easement, hereby consents to this easement
and subordinates the Mortgage to the easement.
STATE OF �A c�'a )
COUNTY OF ,ss.
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)
CONSENT
HOME FEDERAL BANK,
a bank organized and existing under the laws
of the United States of America
kgafix/Y
By: ` Oa LA.0 S -""
Its: y C✓ 40 e f, ti`,Sr et ,
y j
The foregoing instrument was acknowledged before me this 3 day o a v C 1 1 ,
2011, by o v , - ti v., n the 'S Q VI r CI Y V - _ of Home
Federal Bank, a bank organized and existing under the laws o'the United States of America, on
behalf of the bank.
PAUL S. JORDAHL
NOTARY PUBUC
SOUTH DAKOTA
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EXHIBIT "A"
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LEGEND
DENOTES PERPETUAL
EASEMENT (2405 SO. FT.)
DEMOTES TEMPORARY
EASEMENT (5i2 SO. FT.)
EAGAN AUTO MALL
PILOT KNOB RD.
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1379
flFFY
DUCKWOOD DR.
SRF
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EASEMENT ACQUISITION
DUCKWODD DRIVE OVERPASS
crry OF FAO" MINNESOTA
5
Parcel 5