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2970 Dodd Rd - Drainage and Utility Easement Dougherty, Molan Dda, Solfest, Hills & Bauer P.A. OUG_ HERTY MOLENDA A7300 West pple Valley, IVIN 55124 Attorneys Advisors Office (952)432-3136 Direct (952) 953-8847 Fax (952) 432-3780 rbauer@dmshb.com MEMO TO: Tim Plath, Transportation and Operations Engineer FROM: Robert B. Bauer, Assistant City Attorney DATE: March 31, 2014 RE: Flood Property Easement 1274 Project 1011 Our File No. 206-28923 Tim, Enclosed for the City's records, please find the original Drainage and Utility Easement dated March 17, 2014, and recorded with the Dakota County Recorder's office on March 25, 2014 as Document No. 3004106. cc: Russ Matthys, Public Works Director Receipt# 319598 I IIIIII III) ~IIII I~III'I") II'll I'lII'~II (~~I ABSTRACT FEE $46.00 3004106 Recorded on: 3/25/2014 10:02:69AM By: STG, Deputy Return to: DOUGHERTY MOLENDA 7300 WEST 147TH STREET STE 600 Joel T. Beckman Counts Recorder APPLE VALLEY, MN 55124 Dakota County, MN DRAINAGE AND UTILITY EASEMENT This Drainage and Utility Easement is made this j day of MaRCh 2014, between Katie King Flood ) d Thomas E. Flood, husband and wife; and Joseph P. Flood and Kaonou Flood, 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 Eleven Thousand Three Hundred Eighty and no/100 Dollars ($11,380.00) 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 permanent easement for drainage and utility purposes over and across the following described premises, situated within Dakota County, Minnesota, to-wit: That part of the following described property: All that part of the SW 1/4 of the SW 1/4, Section 1, Township 27 N., Range 23 W., described as follows: Beginning at a point 431.9 feet North of the SW corner, thence running Northeasterly 197.25 feet, more or less, to a point 190.5 feet East of the West line and 483.0 feet North of the South line of the said 1/4 1/4, thence Easterly 158.37 feet parallel with the South line of the 1/4 1/4 to a point; thence Southerly 0.4 feet; thence Easterly at right angles a distance of 553.63 feet, more or less, to a line drawn parallel with and 417.40 feet West measured at right rn angles of the East line of the 1/4; thence Southerly along the line N 417.4 feet West of and parallel to the East 1/4 line to a point N 313.05 feet North of the South line of said 1/4 1/4, thence Westerly c 208.7 feet to a point; thence South 313.05 feet, more or less, to the South line of the 1/4 Section distant 626.1 feet West of the SE corner; thence Westerly along the South line to a point 673.4 feet East of the SW corner; thence Northerly 250 feet to a point, thence West along a line 250 feet North of and parallel to the South line to the East Right of Way line of State Trunk Highway No. 49 and No. 55; thence Northwesterly along the Right of Way line to the West line of said 1/4 1/4 Section; thence North along the West line to the point of beginning. Which lies southwesterly of a line described as commencing at said point 431.9 feet north of the southwest corner of the Southwest Quarter of the Southwest Quarter of Section 1; thence on an assumed bearing of South 0 degrees 06 minutes 43 seconds East, along the west line of said Southwest Quarter of the Southwest Quarter of Section 1, a distance of 97.19 feet to the point of beginning of the line to be described; thence South 28 degrees 12 minutes 15 seconds East 96.03 feet to the south line of the above described property and said line there terminating. See also Exhibit "A" attached hereto and incorporated herein. (the "Property"). 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. 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 Landowner has caused this instrument to be executed as of the day and year first written above. l ~r~'•lti~o ~ i~~~1~-'_ Thomas E. Flood i -j I , X 0- KKing Floo KIt+ Cs q4 Kaonou Flood 2 STATE OF MINNESOTA) )ss. COUNTY OF D The foregoing instrument was acknowledged before me this day of MC1RCh , 2014 by Thomas E. Flood and Katie King Flood )10+ husband and wife. ' Notary Public SHARON L. KING Notary Pubic mkv*sow 31, za15 STATE OF MINNESOTA) ) EVkft ss. COUNTY OF The foregoing instrument was acknowledged before me this F1 day of M- QQ C , 2014 by Joseph P. Flood and Kaonou Flood, husband and wife. Notary Public APPROVED AS TO FORM: - - SHARON L. KING Notary Pubk Mwmesote - //~jj. Ex _ JerNietp 31, 2015 .Etw City Attorney's Office Dated: JfI? (`y APPROVED AS TO CONTENT: Ptf lic Works epartment Dated: 3 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: 206-28923/ Easement No. 1274) 4 Description Sketch for.- HICEVAYS 55 AND 149 PARCEL >5 SP 195-010-010 (TH 149), SP 195-010-0» (TH 55) SP 1917 44 (TH 149), SP 1909-95 (TH 55) U_ O V z~w U_ 00 rn -w~ ~z~ o! F_ 03 ^1AI I / ^ /1- ^1A1 1 ZU(n .:vv I / `1 I- vv I / `t O 3i U_ o VI O n r- ^ r- i W LINE OF SW 1/4 OF SW 1 /4 OF SEC. I ,o rn Z PROPOSED PERMANENT EASEMENT 1,220 SO. FT. N ow cn E'LY R/W LINE OF HWY. 49 AND 55 S. LINE OF UN PROPERTY UN I I a 0 cD II L U C w ENHMIT "A" J Q U N JI SUNDE 9001 East Bloomington Freeway (350) • Suite 118 Bloomington, Minnesota 55420-3435 952-881-2455 (Fax: 952-888-9526) 2013-112 872/43 T.27 R.23 S.I LAND SURVEYING www.sunde.com SMT 2013112002 Parcel ISR.dwg