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
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.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
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