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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. I I 0 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 2 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 t EXHIBIT "A" v(R EsTWOOD 1 II Dv- - I 4' rswit. E uLLfl I" II 'Efr`r 7:3 iiITR5225 in YAM' „.; LEGEND DENOTES PERPETUAL EASEMENT (2405 SO. FT.) DEMOTES TEMPORARY EASEMENT (5i2 SO. FT.) EAGAN AUTO MALL PILOT KNOB RD. rt •,`:...:.. ,.. _.__.__,_—__._------7------------ ... I i l .-. ' - . r-:: 9 TOWN CEN OR- TRE . 137 F' TREsTONE '' - :--. EAGAN AUTO MALL UC 1 , 1 ----- ..;'' . PAN. 107703001001 '------— "' — ' ,"' T: -- - — " -- -----,_s___ 1379 flFFY DUCKWOOD DR. SRF 0 ...1 41 600...b 4 EASEMENT ACQUISITION DUCKWODD DRIVE OVERPASS crry OF FAO" MINNESOTA 5 Parcel 5