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1570 Yankee Doodle Rd - Conservation Easement - 3018729 Receipt#332389 ABSTRACT FEE $46.00 �����; Recorded on:7/8/2014 08:45:27AM (J By: DMB,Deputy �_ yC���� ,��;��- Return to: DOUGHERTY MOLENDA ' �T��` 7300 WEST 147TH STREET Joel T.Beckman County Recorder / "-� STE 600 � APPLE VALLEY,MN 55124 Da.]{Otc1 C011llry,MN CONSERVATION EASEMENT � THIS CONSERVATION EASEMENT is made this J day of� ���t �,2013, by Oak Hills Church, a Minnesota non-profit corporation, (heremafter the "Landowner"), m favor of the � ' City of Eagan, a municipal corporation, organized under the laws of the State of Minnesota ' (hereinafter 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 conservation easement for the purpose of preserving and protecting the natural character of the Easement Area, over and across that part of Lot 2, Block 1, OAK HILLS CHURCH 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying easterly of a line �• described as follows: Commencing at the northwest corner of said Lot 2; thence on an assumed bearing of South 89 degrees 41 minutes 06 seconds East, along the north line of said Lot 2, a distance of 72.59 feet to the point of beginning of the line to be described; thence South 32 degrees 15 minutes 41 seconds East a distance of 38.88 feet; thence South OS degrees OS minutes 09 seconds East a distance of 27.29 feet; thence South 11 degrees 17 minutes 18 seconds West a distance of 25.53 feet, to the south line of said Lot 2 and there terminating. (hereinafter the "Easement Area"). See also Exhibit"A" attached hereto and incorporated herein. CONSERVATION RESTRICTIONS. TI18 LaridOWrieT, for itself, and its successors and assigns, covenants and agrees that it shall not itself perform nor shall it give permission to any third party to perform any of the following activities within the Easement Area: A. Constructing, installing, storing or maintaining anything made by man, including but not limited to, buildings, structures, fences, walkways, clothes line poles and playground equipment; B. Parking of vehicles; C. Planting of gardens, trees, shrubs, bushes or other landscaping vegetation; D. Storage of firewood; or E. Clear-cutting or removal of native vegetation or trees; except the permitted activities listed as items l, 2 and 3 below. The Landowner, for itself and its successors and assigns, further covenants and agrees that the Easement Area shall be continued in its present condition, save and except as may be required to: l. Control, manage and eliminate noxious weeds and prohibited invasive species. "Noxious Weeds," both "primary" and "secondary" as defined, adopted and listed by the Dakota County Soil and Water Conservation District shall be removed, but only in accordance with recommended and accepted control methods. Vegetation that is considered to be a nuisance (e.g., overhanging, damaged or dead limbs or vegetation protruding through fences), or presents a real or potential hazard to personal property, may be trimmed in accordance with accepted standards; 2. Allow the City to use and exercise its easement rights to that portion of the Easement Area that may be encumbered by a drainage and utility easement; or 3. Allow any federal, state or local government agency, other than the Landowners, which may have jurisdiction over the Easement Area to enforce any rule, ordinance, statute or regulation. Landowner, its successors and assigns does covenant with the City, their successors and assigns,that it is the Landowner of the premises aforesaid and has good right to grant and convey this Conservation Easement to the City. '� I [SIGNATURE PAGES TO FOLLOW] I 2 IN TESTIMONY WHEREOF, the Landowner has caused this Agreement to be executed as of the day and year first above written. Oak Hills Church, a Minnesota non-profit corporation B � Its: s«lr� STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this �J�'�� day of � i/2��iYvv�� , 2013, bY _ ���t/��Y�-P�� L-lG,l�"�'�L-- � , the �E'P�f ��I� of Oak Hills Church, a Minnesota Non-Profit corporation, on behalf of the non-profit corporation. ;;��:.,,,;., JUUA ANN LORO �' { Notary Pubiic / ���� M Minnea�h -j' �iLG j,t,. G7iyv-,,�._ '� '�' ' i /./����-- y Comm.Expires Jan 31,2017 1�]"�taxy Public 3 APPROVED AS TO FORM: ;�—v�-� • �"�-, City Attorney's Office Dated: -�%/ ��y APP VED AS TO C TENT: Public` or es D p rtm � 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 No. 1277) �� �,�� �-��u.�.. ��..����._, � � ,_ � ( ,:i . � y' �5� �. � ��t f �� � t� �� '`'41 �'�MmE,,. •. .. 4 �1.LIHII�� A1 R� � "o H y -�� .� o Z�T a o c Fn° z �c o 0.... o m �Eo�� .o..] � u W`o y�y �� � � .°'c t� � ° �'� y � 4 c ..v $,:v o � w 0� N oz ami�nN� 0...? 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I r � 1 1 1 ._( _ � . � 1 1 1 I I �� F w N — — — — ` •3c- �� � � — � — — � w � a � � � � 1 1 1 � NlVM3015 3132pN0� LL � � z � 1 I 1 - � � Z� m . I I 1 NO'24'35"W 85.01 � Z a � � � - - - - - - — � N ° � W W � ' = m Q'b'02I I�THIAIH��'O� � ~ ~ � � ° w w w W a m m � . . . . J � O O `�n � m � � m V w o � ac 0 � U uj O � pm W K = 6 � u o U � Re�e�pt�ss2sss 3018730 ABSTRACT FEE $46.00 Recorded on:7/8/2014 08:45:28AM By: DMB, Deputy Return to: DOUGHERTY MOLENDA � 7300 WEST 147TH STREET sre soo Joel T.Beckman Counry Recorder APPLE VALLEY,MN 55124 D�{Ota COUllty,IVTN CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is made this�day of eC��2013, by Oak � Hills Church, a Minnesota non-profit corporation, (hereinafter the "Landowner"), in favor of the � City of Eagan, a municipal corporation, organized under the laws of the State of Minnesota � (hereinafter 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 conservation easement for the purpose of preserving and protecting the natural character of the Easement Area, over and across that part of Lot 3, Block 1, OAK HILLS CHURCH 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying easterly of a line described as follows: Commencing at the northwest corner of said Lot 3; thence on an assumed bearing of South 89 degrees 41 minutes 06 seconds East, along the north line of said Lot 3, a distance of 90.17 feet to the point of beginning of the line to be described; thence South 14 degrees 33 minutes 38 seconds West, a distance of 38.18 feet; thence South 18 degrees 58 minutes 37 seconds East, a distance of 50.86 feet, to the south line of said Lot 3 and there terminating. (hereinafter the "Easement Area"). See also Exhibit"A" attached hereto and incorporated herein. CONSERVATION RESTRICTIONS. The Landowner, for itself, and its successors and assigns, covenants and agrees that it shall not itself perform nor shall it give permission to any third party to perform any of the following activities within the Easement Area: A. Constructing, installing, storing or maintaining anything made by man, including but not limited to, buildings, structures, fences, walkways, clothes line poles and playground equipment; B. Parking of vehicles; C. Planting of gardens, trees, shrubs, bushes or other landscaping vegetation; D. Storage of firewood; or E. Clear-cutting or removal of native vegetation or trees; except the permitted activities listed as items 1, 2 and 3 below. The Landowner, for itself and its successors and assigns, further covenants and agrees that the Easement Area shall be continued in its present condition, save and except as may be required to: l. Control, manage and eliminate noxious weeds and prohibited invasive species. "Noxious Weeds," both "primary" and "secondary" as defined, adopted and listed by the Dakota County Soil and Water Conservation District shall be removed, but only in accordance with recommended and accepted control methods. Vegetation that is considered to be a nuisance (e.g., overhanging, damaged or dead limbs or vegetation protruding through fences), ar presents a real or potential hazard to personal property, may be trimmed in accordance with accepted standards; 2. Allow the City to use and exercise its easement rights to that portion of the Easement Area that may be encumbered by a drainage and utility easement; or 3. Allow any federal, state or local government agency, other than the Landowners, which may have jurisdiction over the Easement Area to enforce any rule, ordinance, statute or regulation. Landowner, its successors and assigns does covenant with the City, their successors and assigns, that it is the Landowner of the premises aforesaid and has good right to grant and convey this Conservation Easement to the City. [SIGNATURE PAGES TO FOLLOW] 2 IN TESTIMONY WHEREOF, the Landowner has caused this Agreement to be executed as of the day and year first above written. Oak Hills Church, a Minnesota non-profit corporation By:���'�c �� �—� Its: � �.P� STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this �j� day of � �P C-�����/�G'1� , 2013, by fi\. P'G�-�'Vl�/I CGti�"�5�-�— , the I _�1/�'l-�i�� of Oak Hills Church, a Minnesota Non-Profit corporation, on behalf of the non-profit corporation. „�;,u;,;;, JULIA ANN LORD y.. �• Notary Pubilc ' �` Minnesota �"'\ • � :r" My Comm. Expi�es _ _� � �'�-'12-,-�.. ; �i� ` Jan 31,2017 � Na Public 3 APPROVED AS TO FORM: ��--�i`� {•� ' � City Attorney's Office Dated: ��l /�/ APP D AS TO CONT�NT: � Public orks De,�a e�}� Dated: � /� 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 No. 1278) �, ' � � �_� � � , � II 4 d ZIgII�{� 0 v �o � � � se = � o_S, cw °'�"o s� 8 F m y�°.G $ � �q u o � � ,�� � u ��«m°'-�' Cw ¢ c r�o� °O m m a d ?� `o `Sw$ i m E A.:1 m � u G 3 '�y >°, x �.'c_ d�« � K,_7d C � a� sEc.U=w ° c � o v H y m�c �A� � . W s o y b3 Z U Y [ U�9� � O rr p � C 2 � .N]0 � �ri'�3 v.M, [i � N 'd ..�. N rl ` � W N Q L� x u p N�'� C Q u'a p� T>�y ,p 0 e� U y Q L W L' ^..J 'i u � y 0� F. 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