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3333 Pilot Knob Rd - Drainage & Utility EasementRETURN TO: First Ameriaen t OWN@ CO, NO8 1900 Midwest Plaza 801 Nicollet Mail Minneapolis, MN 55402 Receipt#: 153258 ABSTRACT FEE $46.00 Return to: METRO LEGAL SERVICES 330 2ND AVE S #150 MINNEAPOLIS, MN 55401 WITNES SETH: 2805005 Recorded on 6/13 2011 10:00:O6AM By DDW, Deputy Joel T. Beckman County Recorder Dakota County, MN PUBLIC RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THIS PUBLIC RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT is made this 01 day of 4144_,1 , 2011, between LOCKHEED MARTIN CORPORATION, a Maryland corporation (Hereinafter referred to as "Landowner ") and CITY OF EAGAN, a Minnesota municipal corporation (hereinafter referred to as the "City "). That the Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, a public right of way, drainage and utility easement, over, across and under the following described premises, situated within Dakota County, Minnesota, to -wit: Those parts of Lot 1, Block 1, UNISYS PARK 2 ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying northerly and westerly of a line described as commencing at the northeast corner of said Lot 1; thence southerly along the east line of said Lot 1 a distance of 105.00 feet to the point of beginning of said line; thence westerly deflecting to the right 85 degrees 00 minutes 00 seconds 39.18 feet; thence westerly 216.25 feet along a tangential curve concave to the south having a radius of 440.00 feet and a central angle of 28 degrees 09 minutes 34 seconds; thence westerly tangent to the last described curve 89.46 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 10.00 feet; thence westerly 411.92 feet along a curve concave to the north whose radius point is located on the northerly extension of the last described line and having a radius of 725.00 feet and a central angle of 32 degrees 33 minutes 11 seconds; thence westerly tangent to the last described curve 188.29 feet; thence westerly, southwesterly and southerly 781.03 feet along a tangential curve concave to the southeast having a radius of 500.00 feet and a central angle of 89 degrees 30 minutes 00 seconds; thence southerly tangent to the last described curve 450.28 feet; thence easterly deflecting to the left 90 degrees 00 minutes 00 seconds 10.00 feet; thence southerly 183.29 feet along a curve concave to the east whose radius point is located on the easterly NCS- 1 .03110 -MPL ) extension of the last described line and having a radius of 405.00 feet and a central angle of 25 degrees 55 minutes 49 seconds; thence southeasterly tangent to last described curve 255.84 feet; thence southerly 207.43 feet along a tangential curve concave to the west having a radius of 535.00 feet and a central angle of 22 degrees 12 minutes 55 seconds to the south line of lot 1 and there terminating. See also Exhibit "A" attached hereto and incorporated herein ( "Easement Premises "). The grant of the foregoing easement for right -of -way includes the right of the City, its contractors, agents and servants to use the Easement Premises for ingress, egress and passage way and to store snow in connection with the City's street plowing. 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 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, save only for the necessary removal of trees, brush, undergrowth and other obstructions. 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 and title to grant and convey the easement herein to the City. IN TESTIMONY WHEREOF, the Landowner has caused this easement to be executed as of the day and year first above written. STATE OF MARYLAND COUNTY OF ANNE ARUNDEL LOCKHEED MARTIN CORPORATION, a Maryland corporation BY: LMC Properties, Inc., Attorney -In -Fact Under Irrevocable Po' of Atto Ef ve July 28, 2010 By: ) ss: ph Day, >recto , ' e. ' state The foregoing instrument was acknowledged before me this 01 day of mer , 2011, by JOSEPH DAY, Director, Real Estate of LMC Properties, Inc., Atto y -I' -Fact for LOCKHEED MARTIN CORPORATNV a Maryland corporation, on behalf of the corporation under Irrevocable Power of At ` TNr ti i,ply 28, 2010. • � �l Nbt_iry Public y . ,, \ 4. , /R �t�DEt. V ��' 111111 APPROVED AS TO FORM: City Attorney's Office Dated: (e(, %'( APPROVED AS TO CONTENT: Public Works Department Dated: 6 - H I 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 -4768 Easement No. 1235 3 (s.,k • ( pRnprIsra RIG4T-1V—MfAi EAgFVENT OFCMPllret Th.te oottt of Ltzt Nook 1, UNISY S PAFd< 2/Z Aff.:411Cd1 , accaPdtatj tC The rnktarada plat thwegat, Cal County. Minnfaola, 1:440 0/044101.1? 0r, 4 of. 0 11110 dawaltata oa etatfavemottd The Y4AIth4+IISt I:X:0HW at !&aid Lot 1: thecce aoathf aland the eeet Ree eael Lw I A liAt00.r.8 of KAM) feta tne 000 of fa:94 of aftid thot.0 nostarty deffotir9 :Ilan OW flft tfognfee rn■rots (\ sfatands ..3q0 toff thennA toad-fain 21t ,n tfat taand tancifettial nanftt 000 tha ;math having 4 r44I4,4 t 44.0 f4) t atd otratal anal*. .of a' dagents Off nainatea annardat thaffan //pptaty throgert t - tbff 14140 1=f;rt04 44r4A K4e. the.eem Inxdattay /10 1 31 tbff fnatt 90 1 041/10440 ereseee 17.a3 1 1.14erce fr.e.f.terbi 411.92 for 009 ,p c0rop it north *NM!, r0:40.0 poipi 1P 1=011.0 th kite ntatherly tAtenainat f •du . laat 4-o 9b94 htte and hfsoirg rodipp 77'P.03 14,21 arid a cerf,r01 ans1fs pf 32 dtgr.r..e. .33 0.1f104.4g• 11 0.000r.114; thffnca noodtely fonaftra ta the 1 flP/P1144,411 r saTe feat then:no fo004/fr1y, N,Aithwelf.enly 0foi 4/ 3 32 leaf <009 o tonventiol aandanft thi fathwint hatin,7 1 r31ij 3 ttfAlOG Una o atattral amtve (kI;IIVF,S 37 rt•nrutes 37 se,tandtd then,te no. thefy tangent ttt th.n last dffart4-at0 4Al.) 3 ffel', titfaane dttalttfly d31 71 tto kat 03 degreas fnnaton f:* scards 1000 lr Q natdtetly !Kt "flt teatt a ratve offnnaw tnah ewe!. ,ebpse 1%4I41 Or$ . fp ip,p4t4,4 14)o opoftrly P0 7 fl0o 1/0f1 aewrihdd 3 3 hfhitta 4 rAlg 0f 17 137 f,Katt 00 a coatrai aadlo 1 draper, fta nanotna 4,4 fhttatotn pk011304047fly 4of 3 000 a444.410o0 2-55-04 1. 7 along 7 andifa1111 har=nE , tafnats 3 ,nott a to.-144,,, of 4.1.:141.9P , fep44 4,01 p ponfrpf poglo 04 29 t1pojr000 12 1 b11 0/ 5 04044A14 10 1 40 4 lino 0 lot 1 and theto tfert ANNE DOCCEff 0440 .Faserne .,S'ketch. For: LOCKHEED WARTIN EXHIBIT "A" 4 f.t0tta thin 004' a 0 19.0 "019 1334E741 737 , CP' 42231 7714 71 140 440 13 cof 4140 tf0i■ 1110. fepott bfolf 11 . 4101,1 11 fof.4 of of r 01144.0 eopee 0P,4 tiopf 1 - 1 0:13 71o13 s441 Land 1.11:1bo37f f1f0.14r din ',awl: at the Stalf Minafsata, SUNDE • • • LAND .00.4. SIJRVWNG Wos 7FA-,A4-4444 RETURN TO: ( ) First Amerlc n 7 1tle Mown Q, N6$ 1900 Midwest Plaza 801 Nicollet Mal Minneapolis, MN 55402 LIMITED WARRANTY DEED Business Entity to Business Entity DEED TAX DUE: $ 3 i k0, a corporation under the laws of Maryland hereby conveys and warrants to CSM EAGAN, L.L.C. Check applicable box: ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ® A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. No delinquent taxes and transfer entered: Certificate of Real Estate Value ((() Ned ( ) not required CeflCBle Real E> Value No, Receipt#: 153258 ABSTRACT FEE $46.00 ABSTRACT WELL CERT $45.00 CONSERVATION $5.00 STATE DEED TAX $32,928.06 Recorded on 6/1312011 10:00:07AM By DDW, Deputy Return to: METRO LEGAL SERVICES 330 2ND AVE S #150 MINNEAPOLIS, MN 55401 /O - 79Q5/ -? - &- g (Top 3 inches reserved for recording data) /1 - 79t75/_ D / Minnesota Uniform Conveyancing Blanks Form 10.2.9 (2006) DATE: June 2, 2011 FOR VALUABLE CONSIDERATION, Lockheed Martin Corporation (insert name of Grantor) (insert name of Grantee) (month /day /year) a limited liability company under the laws of Delaware , ( "Grantee "), real property in Dakota County, Minnesota, legally described as follows: See Exhibit A attached hereto Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances. This Deed conveys after- acquired title. Grantor warrants that Grantor has not done or suffered anything to encumber the property, EXCEPT: The permitted encumbrances noted on Exhibit B attached hereto. Grantor Lockheed Martin Corporation (name of Grantor) By: LMC Properties, Inc., a Maryland corporation, Attorney in Fact under Irrev. able Power of Attorney .ated Ju e) oseph Day Its: Director Real Estate (type of authority) Joel T. Beckman County Recorder Dakota County, MN OFFICE OIL PROPERTY RECORD S DAKOTA COUNTY, MN ® WEU. CERTIFICATE REciliVED 2805006 1 , ( "Grantor "), Page 1 of 6 Page 2 of 6 Minnesota Uniform Conveyancing Blanks Form 10.2.9 State of Maryland, County of Anne Arundel: This instrument was acknowledged before me on this 31st day of May, 2011, by JOSEPH DAY, as Director, Real Estate of LMC Properties, Inc., a Maryland corporation, Attorney in Fact under Irrevocable Power of Attorney dated July 28, 2010, for Lockheed Martin Corporation, a Maryland corporation, on behalf of the corporation. (name of Gran \ \ \ \ \`I 11111 � ),00 R ES ZsF I�, (Seal <4, : �03 A • Title (and Rank): Notary Public y • .,. U L ��_ `` My Commission expires: 05/31/2014 (month /day /year) THIS INSTRUMENT WAS DRAFTE[ 4'90 /0EL t� \ (insert name and address) l' ///1111111111�1\ LARKIN HOFFMAN DALY & LINDGREN Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (RNB) 1354297.1 (signature ial officer) f' 7R-e/lLG TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: CSM Eagan, L.L.C. 500 Washington Avenue S. Suite 3000 Minneapolis, MN 55415 Legal Description: Lot 1, Block 1, UNISYS PARK 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Parcel 2: A tract of land, referred to as Tract H. Said tract is part of the following described property: Part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION, Dakota County, Minnesota, Tying northerly and easterly of a line described as commencing at the northwest corner of said Lot 2; thence easterly along the north line of said Lot 2 a distance of 919.34 feet to the point of beginning of said Tine; thence South 48 degrees 23 minutes 10 seconds east 849.21 feet; thence South 458.04 feet to the south Tine of said Lot 2 and said line there terminating. Said Tract H being part of the above described property Tying southerly of the following described line: Commencing at the northeast corner of Lot 1, Block 1, UNISYS PARK 2ND ADDITION; thence southerly b• along the east line of said Lot 1 a distance of 105.00 feet to the point of beginning of said line; thence westerly deflecting to the right 85 degrees 00 minutes 00 seconds 39.18 feet; thence westerly 216.25 feet along a tangential curve concave to the south having a radius of 440.00 feet and a central angle of 28 degrees 09 minutes 34 seconds; thence westerly tangent to the last described curve 89.46 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 10.00 feet; thence westerly 411.92 feet along a curve concave to the north whose radius point is located on the northerly extension of the last described line and having a radius of 725.00 feet and a central angle of 32 degrees 33 minutes 11 seconds; thence westerly tangent to the last described curve 188.29 feet; thence westerly, southwesterly and southerly 781.03 feet along a tangential curve concave to the southeast having a radius of 500.00 feet and a central angle of 89 degrees 30 minutes 00 seconds and said line there terminating. Together with: A tract of land, referred to as Tract J. Said tract is part of the following described property: Part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION, Dakota County, Minnesota described as commencing at the northwest corner of said Lot 2; thence easterly along the north Tine of said Lot 2 a distance of 525.59 feet to the point of beginning; thence South 1,023.39 feet; thence East 807.17 feet; thence northeasterly 37.43 feet along a nontangential curve concave to the southeast having a radius of 75 feet and a central angle of 28 degrees 35 minutes 43 seconds the chord of said curve bears North 75 degrees 38 minutes 40 seconds East; thence easterly tangent to said curve 58.20 feet; thence easterly 94.49 feet along a tangential curve concave to the south having a radius of 1,014.47 feet and a central angle of 5 degrees 20 minutes 12 seconds; thence easterly 31.05 feet along a reverse curve concave to the north having a radius of 1,375 feet and a central angle of 1 degree 17 minutes 38 seconds; thence North 458.04 feet; thence North 48 degrees 23 minutes 10 seconds West 849.21 feet to the north line of said Lot 2; thence westerly 393.75 feet along said north line to the point of beginning. And Exhibit A Part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION, Dakota County, Minnesota, lying northerly and easterly of a line described as commencing at the northwest corner of said Lot 2; thence easterly along the north line of said Lot 2 a distance of 919.34 feet to the point of beginning of said line; thence South 48 degrees 23 minutes 10 seconds East 849.21 feet; thence South 458.04 feet to the south line of said Lot 2 and said line there terminating. Page 3 of 6 Said Tract J being part of the above described property Tying southerly of the following described line: Commencing at the northeast corner of Lot 1, Block 1, UNISYS PARK 2ND ADDITION; thence southerly along the east line of said Lot 1 a distance of 105.00 feet to the point of beginning of said line; thence westerly deflecting to the right 85 degrees 00 minutes 00 seconds 39.18 feet; thence westerly 216.25 feet along a tangential curve concave to the south having a radius of 440.00 feet and a central angle of 28 degrees 09 minutes 34 seconds; thence westerly tangent to the last described curve 89.46 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 10.00 feet; thence westerly 411.92 feet along a curve concave to the north whose radius point is located on the northerly extension of the last described line and having a radius of 725.00 feet and a central angle of 32 degrees 33 minutes 11 seconds; thence westerly tangent to the last described curve 188.29 feet; thence westerly, southwesterly and southerly 781.03 feet along a tangential curve concave to the southeast having a radius of 500.00 feet and a central angle of 89 degrees 30 minutes 00 seconds and said line there terminating. And Part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION lying easterly of a line which is 115.00 feet easterly of and parallel with the following described line: Commencing at the northeast corner of Lot 1, Block 1, UNISYS PARK 2ND ADDITION; thence southerly along the east line of said Lot 1 a distance of 105.00 feet; thence westerly deflecting to the right 85 degrees 00 minutes 00 seconds 39.18 feet; thence westerly 216.25 feet along a tangential curve concave to the south having a radius of 440.00 feet and a central angle of 28 degrees 09 minutes 34 seconds; thence westerly tangent to the last described curve 89.46 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 10.00 feet; thence westerly 411.92 feet along a curve concave to the north whose radius point is located on the northerly extension of the last described line and having a radius of 725.00 feet and a central angle of 32 degrees 33 minutes 11 seconds; thence westerly tangent to the last described curve 100.00 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 115.00 feet; thence westerly deflecting to the left 90 degrees 00 minutes 00 seconds 88.29 feet; thence westerly and southwesterly 393.49 feet along a tangential curve concave to the southeast having a radius of 615.00 feet and a central angle of 36 degrees 39 minutes 35 seconds to the beginning of the line to be described; thence southwesterly and southerly 567.18 feet continuing along the last described curve having a radius of 615.00 feet and a central angle of 52 degrees 50 minutes 25 seconds; thence southerly tangent to the last described curve 150.00 feet and said line there terminating. (abstract property) Parcel 3: That part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION, Dakota County, Minnesota, lying westerly of a line described as commencing at the northwest corner of said Lot 2; thence North 89 degrees 59 minutes 26 seconds East, assumed bearing, along the north line of said Lot 2 a distance of 919.34 feet to the point of beginning of said line; thence South 48 degrees 23 minutes 10 seconds East a distance of 849.21 feet; thence South 0 degrees 12 minutes 35 seconds East a distance of 458.04 feet to the south line of said Lot 2, and said line there terminating. Said part of Lot 2, Block 1, being a part of the above described property lying southerly of the following described line: Commencing at the northeast corner of Lot 1, Block 1, UNISYS PARK 2ND ADDITION; thence southerly along the east line of said Lot 1 a distance of 105.00 feet to the point of beginning of said line; thence westerly deflecting to the right 85 degrees 00 minutes 00 seconds 39.18 feet; thence westerly 216.25 feet along a tangential curve concave to the south having a radius of 440.00 feet and a central angle of 28 degrees 09 minutes 34 seconds; thence westerly tangent to the last described curve 89.46 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 10.00 feet; thence westerly 411.92 feet along a curve concave to the north whose radius point is located on the northerly extension of the Page 4 of 6 last described line and having a radius of 725.00 feet and a central angle of 32 degrees 33 minutes 11 seconds; thence westerly tangent to the last described curve 188.29 feet; thence westerly, southwesterly and southerly 781.03 feet along a tangential curve concave to the southeast having a radius of 500.00 feet and a central angle of 89 degrees 30 minutes 00 seconds and said line there terminating. (abstract property) Page 5 of 6 Permitted Encumbrances: Exhibit B 1. Real Estate Taxes and Special Assessments payable in 2011 and subsequent years. 2. Sanitary sewer line easement and the terms, conditions and provisions as contained in Private Sanitary Sewer Easement dated May 2, 1995, recorded May 23, 1995 as Document No. 1279957. 3. Easement for roadway and utility purposes in favor of the City of Eagan and the terms, conditions and provisions as contained in Right -Of -Way, Utility and Temporary Construction easement in Connection with Eagan City Project No. 695 dated January 10, 1997, recorded January 27, 1997 as Document No. 1401965. 4. Easement for roadway and utility purposes in favor of the City of Eagan as contained in Final Certificate and Order dated June 3, 1996, recorded July 30, 1997 as Document No. 1435957. 5. Electric transmission and distribution easement and rights in favor of Northern States Power Company, a Minnesota corporation, and the terms, conditions and provisions as contained in Electric Distribution Easement dated September 23, 1997, recorded October 17, 1997 as Document No. 1451266; Assignment and Assumption of Easements to Northern States Power Company, a Minnesota corporation, recorded as Document No. 1805118; Ratification and Assignment of Easements recorded as Document No. 2243563. 6. Easement for water main installation and maintenance purposes reserved by the City of Eagan in Warranty Deed dated December 27, 2001, recorded December 31, 2001 as Document No. 1846359. 7. Terms, conditions and provisions as contained in that certain Public Right -of -Way, Drainage and Utility Easement from Lockheed Martin � corporation in favor of the City of Eagan dated May 27, 2011 and recorded as Document No. 2/igOeOO . Page 6 of 6 k.. of 5 00 Snob Dl4OTA COUNTY TREASURER-AUDITOR �� TREASURER-AUDITOR Rerecorded to add transfer information and document number on page 6. Receipt#: 157608 ABSTRACT FEE $0.00 Return to: FIRST AMERICAN TITLE 1900 MIDWEST PLAZA BLDG W 801 NICOLLET MALL MINNEAPOLIS, MN 55402 2810072 Recorded on: 7/18/2011 08:00 :01AM By: DDW, Deputy Joel T. Beckman County Recorder Dakota County, MN