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3255 Northwood Cir - Conservation EasementReceipt #: 211966 ABSTRACT FEE $46.00 Return to: CITY OF EAGAN 3830 PILOT KNOB ROAD MUNICIPAL CENTER EAGAN, MN 55122 2877329 Recorded on:_6/29/209212:27:08P By: DDW, Deputy Joel T. Beckman County Recorder Dakota County, MN WITNES SETH: r r Ai& - e7 4 - 1-000d CONSERVATION EASEMENT This Agreement is made this day of��`,�t.,� -�° 2012, by Dakota County Community Development Agency, a public body corporate and politic, (hereinafter referred to as "Landowner "), and the City of Eagan, a municipal corporation, organized under the laws of the State of Minnesota (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, permanent conservation easements for the purpose of preserving and protecting the natural character of the easement areas, over and across that part of Lot 2, Block 1, Northwood Business Park 3 Addition, Dakota County, Minnesota, described as follows: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE N 37 °21'45" E, ALONG THE WESTERLY LINE OF SAID LOT 2, A DISTANCE OF 99.17 FEET; THENCE NORTHERLY ALONG SAID WESTERLY LINE, ALONG A TANGENTIAL CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 28 °10'18 ", A DISTANCE OF 103.25 FEET; THENCE N 9°11'27" E, ALONG SAID WESTERLY LINE A DISTANCE OF 147.94 FEET; THENCE NORTHERLY ALONG SAID WESTERLY LINE, ALONG A TANGENTIAL CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 70.00 FEET A CENTRAL ANGLE OF 9 °39'00 ", A DISTANCE OF 11.79 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY, ALONG SAID WEST LINE, ALONG A NON - TANGENTIAL CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 111°16'11", AN ARC DISTANCE OF 116.52 FEET, A CHORD BEARING OF N 42 °13'37" E, A CHORD DISTANCE OF 99.05 FEET; THENCE N 38 °47'47" E, A DISTANCE OF 48.27 FEET; THENCE NORTHEASTERLY ALONG A TANGENTIAL CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 52.13 FEET, A CENTRAL ANGLE OF 51 °04'50" A DISTANCE OF 46.48 FEET; THENCE N 89 °5T37" E, A DISTANCE OF 22.52 FEET; THENCE S 87 °15'53" E, A DISTANCE OF 63.53 FEET; THENCE S 64 °35'35" E, A DISTANCE OF 42.61 FEET; THENCE S 7 °57'41" E, A DISTANCE OF 49.43 FEET; THENCE S 82 °24'53 E, A DISTANCE OF 51.47 FEET; THENCE N 25 °55'47" E, A DISTANCE OF 27.34 FEET; THENCE S 37 °34'06" E, A DISTANCE OF 39.57 FEET; THENCE S 26 °42'59 E, A DISTANCE OF 65.49 FEET; THENCE S 19°41'18" E, A DISTANCE OF 45.04 FEET; THENCE S oP, 10 °05'15" E, A DISTANCE OF 27.15 FEET; THENCE S 1 °35'34" E, A DISTANCE OF 18.46 FEET; THENCE S 13 °14'24" W, A DISTANCE OF 79.60 FEET; THENCE S 14 °35'29" E, A DISTANCE OF 6.53 FEET; THENCE S 17 °39'25" W, A DISTANCE OF 19.82 FEET TO THE SOUTHERLY LINE OF SAID LOT 2, THENCE S 89 °49'42" W, ALONG THE SOUTHERLY LINE OF SAID LOT 2, A DISTANCE OF 23.03 FEET; THENCE S 00 °23'49" W, ALONG THE EASTERLY LINE OF SAID LOT 2, A DISTANCE OF 51.65 FEET; THENCE S 46 °49'38" W, A DISTANCE OF 13.80 FEET; THENCE S 00 °23'49" W, A DISTANCE OF 275.46 FEET TO THE SOUTH LINE OF SAID LOT 2; THENCE NORTHWESTERLY ALONG SAID SOUTH LINE, ALONG A NON - TANGENTIAL CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 626.67 FEET, A CENTRAL ANGLE OF 36 °24'34 ", AN ARC DISTANCE OF 398.23, A CHORD BEARING OF N 70 °50'32" W, A CHORD DISTANCE OF 391.56 FEET; THENCE N 52 °38'15" W, ALONG SAID SOUTH LINE, A DISTANCE OF 131.93 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE N89 °52'42 "E, ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 274.60 FEET; THENCE S35 °44'23 "W, A DISTANCE OF 175.91 FEET; THENCE S 81 ° 10' 26 "W, A DISTANCE OF 86.20 FEET; THENCE S36 °25'49 "W, A DISTANCE OF 113.56 FEET; THENCE S02 °42' 10 "E, A DISTANCE OF 20.15 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 2; THENCE N62 °10'02 "W, ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 22.21 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 2; THENCE N00 °07 "18 "W, ALONG THE WESTERLY LINE OF SAID LOT 2, A DISTANCE OF 256.55 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE S89 °52'42 "W, ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 95.61 FEET; THENCE S15°23'45"E, A DISTANCE OF 46.20 FEET; THENCE SO4 °00'06 "E, A DISTANCE OF 53.81 FEET; THENCE S46 °49'24 "E, A DISTANCE OF 58.44 FEET; THENCE S25 °53' 16 "E, A DISTANCE OF 52.49 FEET; THENCE N87° 14' 15 "E, A DISTANCE OF 12.79 FEET TO THE EASTERLY LINE OF SAID LOT 2; THENCE N00 °23'49 "E, ALONG SAID EASTERLY LINE, A DISTANCE OF 185.03 FEET TO THE POINT OF BEGINNING. See also, Exhibit "A -1" and "A -2" attached hereto and incorporated herein. (hereinafter the "Easement Areas. ") 2 CONSERVATION RESTRICTIONS. The Landowner, for itself, and its successors and assigns, covenants and agrees that it shall not itself perform nor shall it give permission to any third party to perform any of the following activities within the Easement Areas: A. Constructing, installing, storing or maintaining anything made by man, including but not limited to, buildings, structures, fences, walkways, clothes line poles and playground equipment; B. Parking of vehicles; C. Planting of gardens, trees, shrubs, bushes or other landscaping vegetation; D. Storage of firewood; or E. Clear- cutting or removal of native vegetation or trees; except the permitted activities listed as items 1, 2 and 3 below. The Landowner, for itself and its successors and assigns, further covenants and agrees that the Easement Areas shall be continued in the present condition, save and except as may be required to: 1. Control, manage and eliminate noxious weeds and prohibited invasive species. "Noxious Weeds," both "primary" and "secondary" as defined, adopted and listed by the Dakota County Soil and Water Conservation District shall be removed, but only in accordance with recommended and accepted control methods. Vegetation that is considered to be a nuisance (e.g., overhanging, damaged or dead limbs or vegetation protruding through fences), or presents a real or potential hazard to personal property, may be trimmed in accordance with accepted standards; 2. Allow the City to use and exercise its easement rights to that portion of the Easement Areas that may be encumbered by a drainage and utility easement; or 3. Allow any federal, state or local government agency, other than the Landowner, which may have jurisdiction over the Easement Areas to enforce any rule, ordinance, statute or regulation. Landowner, its successors and assigns does covenant with the City, its successors and assigns, that it is the fee owner of Lot 2, Block 1, Northwood Business Park 3rd Addition and that it has good right to grant and convey the Easement Areas to the City. 3 IN TESTIMONY WHEREOF, the Landowner has caused this Agreement to be executed as of the day and year first above written. STATE OF MINNESOTA) . )ss. COUNTY OF} The foregoing was acknowledged before me this 1S day of 2012, by ,, 4IvPK (( , the ( (ea.11 ye_ _ N rr COY of DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY, a public body corporate and politic, on behalf of the public body. APPROVED AS TO FORM: City Attorney's Office Dated: L ((g frt. APPROVED AS TO CONTENT: P lic Works Department Dated: AhI, / THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432 -3136 (RBB: 206 - 29475 /Easement No. 1251) DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY, a public body corporate and politic By: LORI R. ZIERDEN NOTARY PUBLIC - MINNESOTA My Comm. Expires Jan. 31, 2015 4 Notary Publii 4.4140 1,114,5.1 A.411.1611. re44412.1377.4 S'IP.1 lk I EASEMENT SKETCH FOR DAKOTA COUNTY CDA • • , 1 EXHIBIT "A-1" 431 • -, 1" = 100' 3-14-2012 50 SO DEVOTES CONSERVATION EASEMENT CONSERVATION EASEMENT ARIA— 235.34651' 5.10 ACRES EASEMENT DESCRIPTION AN EASEMENT FOR CONSERVATION PURPOSES OVER AND ACROSS THAT PART OF LOT 2, BLOCK I, NORTHWOOD BUSINESS PARK 311.0 ADDMON. DAKOTA COLTON', MINNESOTA, DESCRIBED AS FOLLOWS: WINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE N 3751 45 6, ALONG THE WESTERLY IINE OF SAID LOT A DISTANCE OP 1931 FEET; THENCE NORTHERLY ALONG SAID WESTERLY LINE, ALONG A TANGENTIAL CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 21E00 FEET. A CENTRAL ANGLE os A DISTANCE OF 903.25 FEET; THENCE N 9°w21' E., ALONG SAID WESTERLY LINE A DISTANCE OF 117.04 FEET; THENCE NORTHERLY ALONG SAID WESTERLY LINE, ALONG A TANGENTIAL CURVE. CONCAVE TO THE EAST, HAVING A RADIUS 06 7600 FEET A CENTRAL 47409.6 OF 9.39•00", A DISTANCE OF 11.79 FEET: THENCE EASTERLY. NORTHEASTERLY AND NORTHERLY. ALONG SAID WEST LINE, ALONG A NON-TANGENTIAL CURVE, CONCAVE TO THE WEST, HAVING A RADIUS 06 64.00 FEET, A CENTRAL *74016 01' 111°101 I", AN An DISTANCE OF 11E52 FEET, A CHORD REARING OF N 4r1.317 E, A CHORD DISTANCE OF 9905 FEET; THENCE tt 3r47'47 E. A DISTANCE OF 4112/ FEET; TRENcE NORTHEASTERLY ALONG A TANGENTIAL CURVE CONCAVE TO THE SOLTHEAST, HAVING A RADIUS OP 52.13 FEET, A CENTRAL 4501.8 01' 51°04 A DISTANCE OF 46AS PEET; rnne N 59 E, A DISTANCE to UST MET; 'THENCE $741`53. E., A DISTANCE/3E RIM 6856; THENCE 5 64 A D/ST/LNCE OF 42.61 VELT: THENCE 5 2751' 41" 6, 5. DISTANCE OF 4E43 FEET; THENCE S 12•2411 E, A DISTANCE OF 51 .47 FEET; THENCE N 154547" 6,4 DISTANCE OF 17.31 FEET; THENCE S 37°34'06" E, A DISTANCE 0639.876563,; THENCE 5 36.4219 E, A DISTANCE OF 65.49 FEET; THENCE 5 19.41115" E., A DISTANCE OF 45,04 FEET; THENCE S 10 6, 3. DISTANCE OF 27.15 FEET; THENCE 5 1°35'34" 5,4 DISTANCE OF 18.44 FEET; THENCE 5 131414" W, A DISTANCE OF 29.60 FEET; THENCE- 5 14 5, 3. DISTANCE OF 6.53 FEET; THENCE 5 17°39'25" W. A DISTA,NCE OF 11826656 TO THE 50ITTHERLY LINE OF SAID LOT 2, THENCE S89"49'42" W, ALONG THE SOUTHERLY LINE OF SAID LOT 2, A DISTANCE OF 23.03 FEET; THENCE S 00°1349" W, ALONG ME EASTERLY LINE OF SAM LOT 2. A DISTA,NCE OF 51.65 FEET; THENCE S46"49'36 W, A 15953,5.806 01' 13E8 FEET; rilENCE $ 00 W. A DISTANCE OF 275.44 FEET TO THE SOUTH LINE 06 999911) LOT 2; THENCE NORTHWESTERLY ALONG SAM sourtt EINE, ALONG A NON-TANGENTIAL CURVE, CONCAVE- TO THE NORTE HAVING A RADIUS OF OUTPUT, A CENTRAL ANGLE OF 36°2414°, AN ARC DISTANCE OP 39E23, A CHORD REARING OF N 70 W, A CHORD DISTANCE OF 39136 FEET; '61167406 64 52"3V15" W, ALONG SAID SOUTH LINE, A DISTANCE OF 131A3 FEET TO THE 60166 01' 680127640. Bohlen Surveying & Associates 31432 Foliage Avenue 1544 CIP Rasa E. Hcatrtlekk MN 5E057 Stonvoikk $4 Plulcm (1423 1414710 P1/4r9: 0003212 ' ' re. 0621 495-9260 Mrmm•w `Yo o 0 NO. 1 ur. co S:TroieoslP. umeNORTHWOODS4wRtbObikl<wc.dwc EASEMENT SKETCH FOR DAKOTA COUNTY CDA 7T LOT 2L BLOCK 1 EXHIBIT "A -2" 1• =100' 6-11 -2012 )50 DENOTFS CONSERVATION EASEMENT EASEMENT DESCRIPTION NO. I CONSERVATION EASEMENT AREA =30,559 SF 0E9 ACRE AN EASEMENT FOR CONSERVATION PURPOSES OVER AND ACROSS THAT PART OF TAT 2, BLOCK 1, NORTHWOOD BUSINESS PARK 3RD ADDITION, DAKOTA COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS; BEGTNNLNG AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE N0r32 "E, ALONG THE NORTHLNYE OF SAID LOT 2, A DISTANCE OF 27440 FEET; THENCE S35 °411.3 "W, A DISTANCE OF 17291 FEET; THENCE S5I°]0'26"W, A DISTANCE OF 5610 FEET; THENCE S36"2349 "W, A DISTANCE OF 11330 FEET; THENCE 503"12'10 "E, A DISTANCE OF 20,12 FRET TO THE SOUTHWESTERLY LINE OF SAID LOT 2; THENCE N62 °1072 "W, ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 22.21 FEET TO THE SOU'FHWES ?FILL CORNER OP SAID LOT 2; THENCE N0r0TIS"W, ALONG THE WESTERLY LINE OF SAID UST 2, A DISTANCE OF 2563S PEET TO THE POINT OF BEGINNING. EASEMENT DESCRIPTION NO. 2 CONSERVATION EASEMENT AREA - 11,180 SF 0.27 ACRES AN EASEMENT FOR CONSERVATION PURPOSES OVER AND ACROSS THAT PART OF LOT 2, BLOCK I, NORTHWOOD BUSINESS PARK 3RD ADDITION, DAKOTA COUNTY, SIINNI3OTA, DESCRIBED AS FOLLOWS,' BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE 589 "W, ALONG THE NORTH 1.152 OF SAID LOT 2, A DISTANCE OF 9541 FEET; THENCE SIS°23'41E, A DISTANCE OF A6.20 FEET; THENCE S84.00'06 "E, A DISTANCE OF 13.01 FEET; THENCE SI6.4913 "E, A DISTANCE OF S8A4 PEET; THENCE SLS°53ti6 E,' A DISTANCE OF S2.49 FEET THENCE N87°14'13"E, A DISTANCE OP 12.79 FEET TO THE EASTERLY LINE OF SAID LOT 2; THENCE N00'23'49 "E, ALONG SAID EASTERLY LIVE, A DISTANCE OF 105.03 FELT TO THE POINT OF BEGINNING Bohlen Surveying & Associates 31 Fd1Nla A°Ya. i 150 C17 ROW E. Northfield, MN 56067 Bwrr l N, \1N 55537 Mx*: (507)616 4788 P0m.: 0152} 8958212 s>n+Paa@COMen=asgir9.amm Far (4162)8068259