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678 Vikings Pkwy - Utility Easement - Fully Executed & RecordedReceipt:# 975953 EASE $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 Document Number 3678491 ll IIl 1IIII llI 1II III llI IIII Il Recorded on: 6/5/2025 11:45 AM By: LMF, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder DRAINAGE AND UTILITY EASEMENT (Lot 5, Block 1, Viking Lakes 4th Addition) This Drainage and Utility Easement is made this "k day of —so'n P, 2029, by and between MVE Residential II, LLC, a Delaware 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 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 non-exclusive permanent drainage and utility easement, over, across and under the following described premises, situated within Dakota County, Minnesota, to -wit: Commencing from the southeast corner of said Lot 5, Block 1, Viking Lakes 41h Addition; thence North 0 degrees 00 minutes 00 seconds East, assumed bearing, along the easterly line of said Lot 5, Block 1, a distance of 87.33 feet; thence North 90 degrees 00 minutes 00 seconds West, a distance of 7.82 feet to the point of beginning; thence North 13 degrees 42 minutes 27 seconds West, a distance of 104.42 feet; thence North 16 degrees 13 minutes 36 seconds West, a distance of 155.48 feet; thence North 89 degrees 04 minutes 32 seconds East, a distance of 30.06 feet; thence South 19 degrees 40 minutes 09 seconds East, a distance of 113.30 feet; thence South 00 degrees 00 minutes 00 seconds East, a distance of 144.53 feet to the point of beginning. See also Exhibit "A" attached hereto and incorporated herein. 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, but not obligation, to enter upon the premises at all reasonable times to remove potential obstructions, such as wood, brush, leaf piles, grass clippings, or other objects that may plug the pipes, conduits or mains. 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 potential obstructions. And the 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 easement herein to the City. (Signature page follows.) K SIGNATURE PAGE TO DRAINAGE AND UTILITY EASEMENT (Lot 5. Block 1. Viking Lakes 4"' Addition) IIN TESTIMONY WHEREOF. the Landowner has caused this casement to be executed as of the day and year first above written. MVE Residential II, LLC, a Delaware limited liability company By Its: President STATE OF NEW JERSEY ) ss. COUNTY OF ESSSEN ) The foregoing instrument was acknowledged before me this �day of ft V1 f , 2025, by Mark Wilf, the President of MVE Residential II, LLC, a Delaware limited liability company, on behalf of the limited liability company. Notes ublic APPROVED AS TO FORM: City Attorney's Office Dated: APPVF 7EaD AS TO CONTENT: Public Works Department Dated: �!=b THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLLNDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 RBB: 26865 —Easement No. 1401 101 ZTWAI I NL � m M N89'04'32"E 30.06 co DRA1A1AGEAN0----,_ UTILITY EASEMENT VIKING LAKES 4TH ADDITION LOT 5, BLOCK 1 1\190-00'00"W1f 7.82 m cO CO SE CORNER OF LOT 5. BLOCK I F WKWC, LAKES 4TH ADDITION aJ -- -----------------— CRAY SECOND ADDITION LOT 1,BLOCK 1 VIKING LAKES 4TH ADDITION OUTLOT B EASTERL KLINE OF LOT 5, BLOCK 1, VIKING LAKES 4TH ADDITION CERTIFICATION: I HEREBY CERTIFY THAT THIS PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOIA, --TT ALWIN REGISTRATION NUMBER: 53528 DATE: 07.16.2024 EXHIBIT"A" DENOTES EASEMENT AREA EVS, Inc. 10025 Valley View Road, Suite 140 Eden Prairie, Minnesota 55344 Phone: 952.646.0236 www.evs-eng.coni EVS PROJECT # 2024-007 m CONSENT TO DRAINAGE AND UTILITY EASEMENT The undersigned, being the holder and owner of that certain Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing between MVE Residential II, LLC, a Delaware limited liability company, and U.S. Bank National Association, a national banking association, recorded October 3, 2022, as Document No. 3560818; as affected by the Assignment of Mortgage from U.S. Bank National Association, a national banking association ("Assignor") to The Northwestern Mutual Life Insurance Company, a Wisconsin corporation ("Assignee") recorded September 10, 2024, as Document No. 3644818; as affected by the Amendment and Restatement of Mortgage and Security Agreement made by MVE Residential II, LLC, a Delaware limited liability company, and The Northwestern Mutual Life Insurance Company, a Wisconsin corporation, recorded September 10, 2024, as Document No. 3644821. (as amended, the "Mortgage"), consents to the execution and delivery of the attached Drainage and Utility Easement ("D&U Easement") and agrees that its interest in and to Lot 5, Block 1, Viking Lakes 4th Addition burdened by the D&U Easement is subject and subordinate to, in all respects, the terms and conditions of the D&U Easement. Dated: APwL 14 2025 THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a Wisconsin corporation By: Northwestern Mutual Investment Management Company, LLC, a Delaware limited liability company, i wholly -owned affiliate By: c ,# , Name: Daniel C. Knuth Title: Portfolio Director STATE OF WISCONSIN ) )ss. COUNTY OF MILWAUKEE pp ) Be it known, that on this I day of Ar (1 I , 2025, before me, a Notary Public, in and for said County and State, personally came Daniel C. Knuth, -Portfolio Director of Northwestern Mutual Investment Management Company, LLC, a Delaware limited liability company, on behalf of THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a Wisconsin corporation, to me personally known to be the person who executed the foregoing instrument, and acknowledged that he executed the same freely and voluntarily for the uses and purposes mentioned in it and as the free act and deed of the said corporation. „,, 99 A O 7 P Y 790 P l elf IN WITNES�I,�HER_ETfliereunto set my hand and official seal. cJ , l Molly L. Fahlstrom, Notary Public My Commission Expires: March 19, 2028 f1111lI A1111iL 101�.111\ THIS INSTRUMENT WAS DRAFTED BY: Stinson LLP (TMP/MCV) 50 South Sixth Street, Suite 2600 Minneapolis, MN 55402 CORE/2005221.0029/188626765.7