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702 Marsh Ct - Trailway Easement Receipt#: 224781 2893735 ABSTRACT FEE $46.00 Recorded on: 9/14/2012 09:41:41AM By: DMB, Deputy Return to: DOUGHERTY MOLENDA 7300 WEST 147TH STREET STE 600 Joel T. Beckman County Recorder APPLE VALLEY, MN 55124 Dakota County, MN SST~~RAILWAY EASEMENT THIS EASEMENT, made this-/ stday of ' 6~0' , 2012, between ETERNITY HOMES LLC, a Minnesota limited liability company (hereinafter referred to as "Landowner"), and the City of Eagan, a Minnesota municipal corporation, organized under the laws of the State of Minnesota (hereinafter referred to as the "City"). WITNESSETH: 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, forever, a permanent trail easement over, under and across the following described property, situated within Dakota County, Minnesota, to-wit: That part of Lot 11, Block 1 Marsh Cove, according to the recorded plat thereof, described as ~y the easterly 10 feet of said lot. T` See also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing permanent easement for trailway purposes includes the right of the City, its contractors, agents and servants to construct, reconstruct, inspect, repair and maintain a bituminous-surfaced trailway and erect and maintain signs in conjunction with the public's use of said trailway and any signs erected in conjunction with the use of the trailway. The Landowner, its successors and assigns, does covenant with the City, its successors and assigns, that it is the owner of the premises aforesaid and has good right 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. ETERNITY HOMES, LLC By: Its: X111 . STATE OF MINNESOTA) )ss. COUNTY OF Del K-) The foregoing instrument was acknowledged before me this-3) sday of~tSS~ , 2012, by ~0 0t~ R rLL? d J , the ,D of ETERNITY HOMES LLC, a Minnesota limited liability company, on behalf of said company. JEANETTE ANN JOHNSON 1S NOTARY PUBLIC • MINNESOTA My Commission Expires Jan. 31, 2015 Nota Public APPROVED AS TO FORM: City Attorney's Office Dated: 54 7/2_ APPROVED AS TO CONTENT: P- lic Works Department Dated: t3Z 3///z. THIS INSTRUMENT WAS DRAFTED BY: City of Eagan Engineering Division Public Works Department 3830 Pilot Knob Road Eagan MN 55122 Easement No. 1255 2 o Q 0 0 MARSH COURT 4 O o ~ 15' 5,I co / I I / 10.0' Trail Easement All. Lot 11, Block 1 / I ( ~ II / 26, II / II / 0 33' 40r Trail Easement Description The East 10.0 feet of Lot 11, Block 1, Marsh Cove, Dakota County, Minnesota, as measured at a right angle and parallel to the East line of said Lot 1. Scale: V=30' June 25, 2009 Proposed Trail Easement City of Ea~aIl Lot 11, Block 1, Marsh Cove Fig. A Engineering Department