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2660 Dodd Rd - Temporary Construction Easement Receipt# 311679 2994678 i ABSTRACT FEE $46.00 Recorded on: 111512014 09:00:02AM By: DMB, Deputy Return to: DOUGHERTY MOLENDA 7300 STE 00 ST 147TH STREET Joel T. Beckman County Recorder APPLE VALLEY. MN 55124 Dakota County, MN TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement is made this Ili day of 2013, between William H. O'Neill, III and Marlene O'Neill, husband and wife; Thomas E. O'Neill and Mary A. O'Neill, husband and wife; and Michael E. Terry and Frances J. O'Neill, husband and wife (collectively the "Landowners"), and the City of Eagan, a Minnesota municipal corporation (the "City"). WITNESSETH: That the Landowners, in consideration of the sum of Five Thousand Three Hundred Forty- six and no/100 Dollars ($5,346.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, do hereby grant and convey unto the City, its successors and assigns, a temporary easement for construction purposes over and across the following described premises, situated within Dakota County, Minnesota, to-wit: That part of Lots 3 and 4, Block 1, O'NEILL'S FIRST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying easterly of the easterly right of way line of Trunk Highway No. 149 per MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 19-54 and lying westerly of a line described as commencing at the northeast corner of said Lot 3; thence on an assumed bearing of South 78 degrees 53 minutes 12 seconds West, along the north line of said Lot 3, a distance of 115.28 feet to monument B16 per said MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 19-54, and the point of beginning of the line to be described; thence South 0 degrees 19 minutes 08 seconds West 126.77 feet; thence South 18 degrees 59 minutes 13 seconds West 41.56 feet; thence South 8 degrees 58 minutes 42 seconds East 72.93 feet to the south line of said Lot 3 and said line there terminating. Said temporary easement is to expire on September 30, 2015. See also Exhibit "A" attached hereto and incorporated herein. (the "Property"). The grant of the foregoing temporary easements for construction purposes includes the right of the City, its contractors, agents and servants to enter upon the premises at all reasonable times to construct, reconstruct and inspect site grading 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, subject only to permanent easement alterations. The Landowners, their heirs and assigns, do covenant with the City, its successors and assigns, that they are the owners of the premises aforesaid and have good right to grant and convey the easements herein to the City. IN WITNESS WHEREOF, the Landowners have caused this instrument to be executed as of the day and year first written above. (Signature Pages to Follow) 2 William H. O'Neill, III Marlene O'Neil KENTUCKY STATE OF D620UM6 )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this I~day of , 2013 by William H. O'Neill, III and Marlene O'Neill, husba and wife. tart' Public 3 1 Thomas E. O'N i 1 -7?U C Mary A. O' eill STATE OF MINNESOTA) )ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2013 by Thomas E. O'Neill and Mary A. O'Neill, husband and wife. Notary ublic STEVEN J. STREMSKI NOTARY PUBLIC. MINNESOTA W Commisft EON J8M 31.2015 4 1 Michael E. Terry Frances J. O' it STATE OF MINNESOTA) )ss. COUNTY OF DftV-v vw The foregoing instrument was acknowledged before me this 3TN day of -~)Y_ErnESe,YL , 2013 by Michael E. Terry and Frances J. O'Neill, husband and wife. KELLY RAE BRAAFLADT NOTARY PUBLIC MINNESOTA ck4l a MY COMMISSION EXPIRES 01/31/17 NOt U 5 APPROVED AS TO FORM: - 14-, City Attorney's Office Dated: / (01 y APPROVED AS TO CONTENT: /s/Russ Matthys Public Works Department Dated: i-i p -ESL 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: 206-23800 /Easement No. 1272) it I 6 I~ ~I I, .Description Sketch For.' 111CH TYA.YS" 55 AND /49 P,4RM > SP f95-010-010 (T11 149), SP /95-0/0-off (Ty 55) Z SP 1917-44 (TH 149), SP 1909-95 (TN 55) s. f?OAD ~ Neac~ ,,N "ac. Q 'NEIL 11 ~.C'w g 115.2 Ett C2TEg%5t 578°5~ fzg 6 PER OT LOT 3 _UONuVEt'1 PLAT J'N 11 Mr1 LINE 140 0 9 -R54 of LOT 3 -T t t t^ t It\~ -Z V ~a t -Zh N e p ti gt5 PER M"O-S4RW m~ r i. PLAT ~I n/~l~ If p L. U S' c _ PROPOSED TEMPORARY Q EASEMENT -j O \ 5,120 S0, F'T, \ I ;SIB°59'/J"ty N Z-D 77) , -41.56 I rl T A c7 L.V 1 `I E•LY R1W LINE O~ ° r- 4 i tt A 140.- No tri TREK µttd^ OT ft/%q 149 PER \ 1 co ' A r U r 1 w N 1^\ U {9-54 PLAT 5 UNE OF LOT 3 l rr-h 1 T A F- A f\ A N I V L I v 11-~ I\ L_r-, \7i-~ 1 V EXHIBIT S PROPOSED TEMPORARY EASEMENT DESCRIPTION lJ l I l y L_ L-; V I L.LJ 1 1 V \2 ~ (PARCEL 1) That port of Lots 3 and 4, Block I, O'NEILL'S FIRST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying I hereby certify that this sketch, pion, or easterly of the easterly right of way line of Trunk Highway No. 149 per report was prepared by me or under my MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. direct supervision and that I am a duly 19-54 and lying westerly of a line described as commencing at the Licensed Land Surveyor under the laws of northeast corner of said Lot 3; thence on an assumed bearing of the State of Minnesota. South 78 degrees 53 minutes 12 seconds West, along the north line of said Lot 3, a distance of 115.28 feet to monument B16 per said Dated this 6th day of August, 2013 MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 19-54, and the point of beginning of the line to be described; thence SUNDE LAND SURVEYING, LLC. South 0 degrees 19 minutes 08 seconds West 126.77 feet; thence South 18 degrees 59 minutes 13 seconds West 41.56 feet; thence South 8 degrees 58 minutes 42 seconds East 72.93 feet to the south By. _ y tine of said Lot 3 and said line there terminating. rlee J. Minn. ic. 4900 Said temporary easement to expire September 30, 2015. 'UNDE9001' East Bloomington Freeway (35W) .Suite lib Bloomington. Minnesota 55420-3435 952-881-2455 (Fox: 952-888-9526) 2013-112 xx/xx T,27 R.23 s.z LANDS ~Z~ 1 ~Y www.suncJe.com SIAT 2013112002 Parcel l.dwg