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2950 Hwy 55 - Drainage and Utility Easement D Dougherty, Molenda, Solfest, Hills & Bauer P.A. OUGHERTY 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 (9 S~5 TO: Tim Plath Transportation and Operations Engineer 4WI FROM: Robert B. Bauer, Assistant City Attorney DATE: March 31, 2014 RE: Trinity "Lone Oak" Lutheran Church Easement 1276 Project 1011 Our File No. 206-28923 Tim, Enclosed for the City's records, please find the original Drainage and Utility Easement dated January 26, 2014, and recorded with the Dakota County Recorder's office on March 25, 2014 as Document No. 3004107. cc: Russ Matthys, Public Works Director Receipt# 319599 I III" illli ~llll "III II~II II'II I~III I~') I'~I ABSTRACT FEE $46.00 3004107 Recorded on: 3/2512014 10:04:06AM By: STG, Deputy Return to: DOUGHERTY MOLENDA 7300 WEST 147TH STREET STE 600 Joel T. Beckman Countv Recorder APPLE VALLEY, MN 55124 Dakota County, MN TRAIL, DRAINAGE AND UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT This Trail, Drainage and Utility Easement and Temporary Construction Easement is made this Z( day of 2ANu41-Y , 2014, between Trinity "Lone Oak" Lutheran Church, a Minnesota non-profit corporation, (the "Landowner"), and the City of Eagan, a Minnesota municipal corporation (the "City"). WITNESSETH: That the Landowner, in consideration of the sum of Eleven Thousand Three Hundred Fifty- six and no/100 Dollars ($11,356.00) and ether good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, a permanent easement for right-of-way, drainage and utility purposes and a temporary easement for construction purposes over and across the following described premises, situated within Dakota County, Minnesota, to-wit: A permanent easement for trail, drainage and utility purposes over, under and across that part of the following described property: Commencing at a point 259.5 feet North of the Southeast corner of Section 2, Township 27, Range 23, Dakota County, Minnesota, thence North on the Section line 774 feet thence West 34 feet, thence South 307 feet, thence West 211 feet to the Easterly line of Dodd Road (so called) as located and traveled in September, 1902, thence in a Southeasterly direction along the Easterly side of the said Dodd Road E 524 feet to the place of beginning. ~A 711 Said easement is described as beginning at the most southerly corner of cc the above described property; thence on an assumed bearing of North 0 degrees 06 minutes 43 seconds West, along the east line of said Section a 2, a distance of 25.10 feet; thence North 30 degrees 13 minutes 00 seconds West 63.76 feet; thence North 84 degrees 23 minutes 04 seconds East 27.98 feet; thence North 28 degrees 12 minutes 15 seconds West 13.88 feet; thence South 84 degrees 23 minutes 04 seconds West 28.52 feet; thence North 30 degrees 13 minutes 00 seconds West 60.25 feet; thence South 63 degrees 23 minutes 48 seconds West 5.82 feet to said easterly line of Dodd Road; thence South 27 degrees 47 minutes 40 seconds East, along said easterly line of Dodd Road, a distance of 160.33 feet to the point of beginning. Together With: A temporary easement over, under and across that part of the following described property: Commencing at a point 259.5 feet North of the Southeast corner of Section 2, Township 27, Range 23, Dakota County, Minnesota, thence North on the Section line 774 feet thence West 34 feet, thence South 307 feet, thence West 211 feet to the Easterly line of Dodd Road (so called) as located and traveled in September, 1902, thence in a Southeasterly direction along the Easterly side of the said Dodd Road 524 feet to the place of beginning. Said temporary easement is described as commencing at the most southerly corner of the above described property; thence on an assumed bearing of North 0 degrees 06 minutes 43 seconds West, along the east line of said Section 2, a distance of 25.10 feet to the point of beginning of the easement to be described; thence North 30 degrees 13 minutes 00 seconds West 63.76 feet; thence North 84 degrees 23 minutes 04 seconds East 27.98 feet to a point hereinafter referred to as Point A; thence South 28 degrees 12 minutes 15 seconds East 8.77 feet to said east line of Section 2; thence South 0 degrees 06 minutes 43 seconds East, along said east line of Section 2, a distance of 50.11 feet to the point of beginning. Together with a temporary easement over, under and across the above described property. Said temporary easement is described as commencing at said Point A described above; thence North 28 degrees 12 minutes 15 seconds West 13.88 feet to the point of beginning of the easement to be described; thence South 84 degrees 23 minutes 04 seconds West 28.52 feet; thence North 30 degrees 13 minutes 00 seconds West 60.25 feet; thence South 63 degrees 23 minutes 48 seconds West 5.82 feet to said easterly line of Dodd Road; thence North 27 degrees 47 minutes 40 seconds West, along said easterly line of Dodd Road, a distance of 54.72 feet; thence North 61 degrees 41 minutes 47 seconds East 74.07 feet; thence South 28 degrees 18 minutes 13 seconds East 27.94 feet; thence South 61 degrees 41 minutes 47 seconds West 2 40.20 feet; thence South 28 degrees 09 minutes 29 seconds East 53.09 feet; thence South 28 degrees 12 minutes 15 seconds East 45.08 feet to the point of beginning. Said temporary easements to expire September 30, 2015. See also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing permanent easement for trail purposes includes the right of the City, its contractors, agents and servants to construct, reconstruct, inspect, repair and maintain a trail and erect and maintain signs in conjunction with the public's use of said trail and any signs erected in conjunction with the use of the trail. 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 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 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 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. Trinity "Lone Oak" Lutheran Church, a Minnesota non-profit corporation By: Its: 3 STATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing instrument was acknowledged k-fbrg me thi day of uz 2014, by Tc,4 71 k <j' .w 4 the of Trinity ,one Oak"`L eran Church, a Minnesota non-profit corporation, on behalf of the non-profit c oration/ r TARELL A. FRIEDL.EY Notary Public-Minnesota Notary Public My Commission Expires Jan 31, 2015 APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Public Works Department Dated: -T~ 4 i 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. 1276) 5 Description Sketch For,' HNINA YS 55 AND 149 PARCEL 8 SP 195-010-010 (TH 149), SP 195-010-011 (TH 55) SP 1917- 44 (TH 149), SP f909-95 (TH 55) E,LY LINE OF DODD ROAD AS DESCRIBED IN DEED RECORDED IN BK 112 DEEDS, PACE 302 PRA OR CID .gyp. ro ~ pQp5~~1 F~. N N Q¢ SEt~ 5p. EP10Q 01-~ 1 ' z ~ ~ 61a~k0Z0i --r-s ~u - JP. N Z 'jam ° PROPOSED PERMANENT 563°2348W CD EASEMENT 582 o W - 1,698 50. FT. G7 C), S84 °23'04 "W ;1,' 28.52 PO/NT A a - 8.77 'l5 "W - ~ A - ° _,_N28°l2'/5"W /3.88 PROPOSED :~-,.N84 °23'04 "E • - TEMPORARY °o o h 2798 EASEMENT N30°l3'00"W ~ 76 0 E LINE OF SEC. 2, = TWP. 27, RCE. 23 0 C W J Q U .S U9001 9001 East Bloomington Freeway (350) • Suite 118 /L♦ Bloomington, Minnesota 55420-3435 952-881-2455 (Fax: 952-888-9526) L2013-112 xx/x■ T.27 R.23 S.2 LAND SURVEYING www.sunde.com SMT 2013112002 Parcel 8.dwg E=BIT "A"