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3374 Columbia Dr - Conservation EasementReceipt:# 912W6 878776 RW EASE to: $46 00 I IIIIII III III III III III III III ATLAS REAL ESTATE MGMT Bx 64746 Recorded on: 11/22/202311:30 AM ST PAUL MN 55164 By: KMP, Deputy Cent # 185464 Office of the Registrar of Titles Dakota County, Minnesota Amy A. Koethe, Regisharof Titles y-5 p',•Pe record and return Ie %, - e City of Eagan. CONSERVATION EASEMENT This Conservation Easement ("Easement') is made this IL day of , 2023, by YD2 LLC, a Minnesota limited liability company, (hereinafter referred to as "Landowner"), and the City of Eagan, a municipal corporation, organized under the laws of the State of Minnesota (hereinafter referred to as the "City"). WITNESSETH: That the Landowner, in consideration of the sum of One and no/ 100 Dollars ($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 1, Block 1, YANKEE DOODLE AREM, Dakota County, Minnesota described as follows: Beginning at the southwest corner of Lot 1, Block 1, YANKEE DOODLE AREM; thence North 0 degrees 15 minutes 13 seconds East an assumed bearing along the westerly line of said Lot 1 a distance of 177.59 feet; thence North 29 degrees 55 minutes 53 seconds East 29.85 feet; thence easterly a distance of 76.56 feet, along tangential curve concave to the south having a radius of 40.00 feet, a central angle of 109 degrees 40 minutes 07 seconds; thence North 78 degrees 18 minutes 28 seconds East, along a line not tangent to the last described curve a distance of 49.13 feet; thence southeasterly a distance of 91.09 feet, along a non tangential curve concave to the southwest having a radius of 40.00 feet, a central angle of 130 degrees 28 minutes 13 seconds and the chord of said curve is 72.64 feet in length and bears South 47 degrees 23 minutes 05 seconds East; thence South 23 degrees 45 minutes 40 seconds East along a line not tangent to last described curve a distance of 20.33 feet; thence southerly a distance of 32.46 feet, along a non tangential curve concave to the west having a radius of 105.46 feet, a central angle of 17 degrees 38 minutes 08 seconds and the chord of said curve is 32.33 feet in length and bears South 18 degrees 35 minutes 30 seconds East; thence South 34 degrees 32 minutes 33 seconds East along a line not tangent to last described curve a distance of 24.00 feet; thence southeasterly a distance of 95.29 feet, along a non tangential curve concave to the west having a radius of 110.81 feet, a central angle of 49 degrees 16 minutes 25 seconds and the chord of said curve is 92.38 feet in length and bears South 17 degrees 19 minutes 50 seconds East; thence South 7 degrees 18 minutes 23 seconds West tangent to last described curve, a distance of 23.69 feet, more or less, to the southerly line of said Lot 1; thence North 87 degrees 06 minutes 07 seconds West along said southerly line of Lot 1 a distance of 148.14 feet; thence westerly a distance of 91.09 feet, along a non tangential curve concave to the south having a radius of 2939.79 feet, a central angle of 1 degrees 46 minutes 31 seconds and the chord of said curve is 91.09 feet in length and bears North 88 degrees 05 minutes 42 seconds West to the point of beginning. See also, Exhibit "A" attached hereto and incorporated herein. (hereinafter referred to as the "Easement Area.") 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: 1. 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 Landowner, 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, its successors and assigns, that it is the Landowner of the premises aforesaid and has good right to grant and convey the Conservation Easement to the City. IN TESTIMONY WHEREOF, the Landowner has caused this Agreement to be executed as of the day and year first above written. YD2 LLC, a Minnesota limited liability company SATE OF MINNESOTA) )ss. COUNTY OF Tie forIThir a acknowledged before me this 6�' day of 2023 by .Z.brJPcCUP—#) , the NVft0e -, of YD2 LLC, a Minnesota limited liability company, on behalf of the limited liability company. APPROVED AS TO FORM: fK,A-- 6-&- , v City Attorney's Office Dated: 1a %?j2 3 APPROVED AS TO CONTENT: (,/) �/U' Public Wdrkk Department Dated: _LI 'Z-a3 THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952)953-8847 (RBB: 206-46712/Easement No. 1389) JUUITH A. NELSON x NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2025 HARRY S. JOHNSON � M LAND SURVEYORS 9063 Lyndole Ave. So. Bloomington, MN. 55420 phone:952-884-5341 fox:952-884-5344 Conservation Easement for Lot 1, Block 1, YANKEE DOODLE AREM EAGANDALE CENTER INDUSTRIAL PARK NO. 4 WESTERLY LINE OF LOT 1 BLOCKLOT 1. YANKEE DOODLE AREM BLOCK 1• .�IC YANKEE DOODLE AREM G. • •: •R=105.46• • ♦��t��/+��t�t��t�1�t�M ►t��a�.•f�V'T'4;git"o1��t�j ►��j�j��t��j��j�j�j��jv♦�j�j��,.51 jAr- ►��i rat• - 4 ��d��t�t�� • ♦t•� 1►♦ �t•t �t•t•�♦ ��t t•t �tt•.O�t•t•V*t•t ��tM • .81 • S�r��t�t�►�t�t�t��t�t��tttt��l�`�►�5`►fit: 23.69 . . i�i�i�i�i♦r�i�i�i�i�i�i�i�i�i�i�+�'�ri�i"i�i •••• �••� • Hodorff, LS.®®MN Reg. No. 23677 EXHIBIT "A"