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4595 Nicols Rd - Drainage and Utility Easement Receipt# 282108 I I~III' II'II IIII' IIIII'~I~I VIII II'~~ IIII I~'I L~ f] ABSTRACT FEE $46.00 2960843 Recorded on: 7/3/2013 04:30:03PM By: TMC, Deputy f. Retum to: DOUGHERTY MOLENDA 7300 WEST 147TH STREET #600 APPLE VALLEY, MN 55124 Joel T. Beckman Countv Recorder Dakota County, MN DRAINAGE AND UTILITY EASEMENT This Drainage and Utility Easement is made this day of - , 2013, between Holiday Stationstores, Inc., a Minnesota corporation (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"). 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, a permanent drainage and utility easement, over, across and under the following described premises, situated within Dakota County, Minnesota, to-wit: The East 20.00 feet of the most westerly 164.00 feet of the South 50.00 feet of the North 60.00 feet, AND together with a drainage and utility easement over under and across the South 20.00 feet of the North 60.00 feet of the East 124.00 feet of the most westerly 144.00 feet of Lot 1, Block 1, MARI ACRES 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. (hereinafter the "Easement Area") See also Exhibit "A" attached hereto and incorporated herein. 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 Easement Area 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 Easement Area 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. After completion of such construction, maintenance, repair or removal, the City shall restore the Easement Area to the condition in which it was found prior to the commencement of such actions, save only for the necessary removal of potential obstructions. And the Landowner, its successors and assigns, does covenant with the City, its successors and assigns, that it is the Landowner of the Easement Area 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. Holiday Stationstores, Inc., a Minnesota corporation By: I : Assistant Secretary STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this J!~ day of U ,j , 2013, by James R. Hupp , the Assistant Secretary of Holiday Stationstores, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public APPROVED AS TO FORM: 7.- City 2`44Y. NANCY A. HOWE Notary Public-Minnesota Cortwnkebn E0. Jan 31.2018 Attorney's Office Dated: & I Z-5-(13 APPROVED AS TO CONTENT: ublic Works Department Dated: 2 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: 206-4768 / Easement 1261) 3 PROPOSED DRAINAGE & UTILITY EASEMENT Z Existing drainage & utility ¢ easement per plat MARI - o ACRES 2ND ADDITION T - Q Y Li Z O I O ~mN - L ,y 3 N W 20 ti a I 20 4J. 164.00.. L L.....~ „ ...f 144.00 c`% C) O ' ' d <<~ - ~o L.v i 1, ~.L.VVf\ 1 ~ CJ I~- <C 124.00..... ` CJ IJ- I/ i O U /~20 1 N N 20 f i Existing drainage & utility easement per plat MARI n ACRES 2ND ADDITION N LEGEND 0 Proposed Drainage 0 15 30 & Utility Easement Horizontal ScFe7n7eet PROPOSED DRAINAGE AND UTILITY EASEMENT A permanent easement for drainage and utility purposes over, under, and across the East 20.00 feet of the most westerly 164.00 feet of the South 50.00 feet of the North 60.00 feet, AND together with a drainage and utility easement over under and across the South 20.00 feet of the North 60.00 feet of the East 124.00 feet of the most westerly 144.00 feet of Lot 1, Block 1, MARI ACRES 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Said drainage and utility easement vacation contains ±3,480 square feet (±0.08 acres). REVISED: JUNE 12, 2013 REVISED: APRIL 30, 2013 FILE NAME 193801532V602.dwg PROD. N0. 193801532 DRAWN DJR SURVEY I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION $t. Paul Office AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. 2335 West Highway 36 PRINT NAME. DANIEL J. ROEBER St. Paul, MN 55113 Phone: 651-636-4600 Fax: 651-636-1311 SIGNATURE: www.stantec.com DATE APRIL 17, 2013 LI . No. 43133 mail EXHIBIT "A"