610 Opperman Dr - Conservation Easement - Outlot B & C, West Publishing Co 8th AdditionReceipt:# 957556
EASE $46.00
Retum to:
FIRST AMERICAN TITLE
INSURANCE CO
121 SOUTH 8TH STREET
SUITE 1250
ATTN: ASHLEYIDENISE
MINNEAPOLIS MN 55402
CONSERVATION EASEMENT
889669
1111111111111111111111111111111111111111
Recorded on: 12IM2024 9:30 AM
By: 10AP, Deputy
Cert # 190772
Office of the Registrar of Titles
Dakota County, Minnesota
Alny A. Kor- rt e. Registrar of Titles
This Conservation Easement ("Agreement") is made this 6th day of December, 2024, by
Eagan Property Owner, LLC, a Delaware limited liability company (hereinafter referred to as
"Landowner"), in favor of the City of Eagan, a municipal corporation, organized under the laws of
the State of Minnesota (hereinafter referred to as the "City").
O
WITNESSETH:
pThat 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 Outlot B, WEST PUBLISHING COMPANY 8T" ADDITION,
according to the recorde plat thereof, Dakota County, Minnesota, described as follows:
Beginning at the most westerly corner of said Outlot B; thence North 28 degrees
25 minutes 56 seconds East, assumed bearing along the northwesterly line of said
Outlot B, a distance of 172.05 feet; thence North 45 degrees 53 minutes 58
seconds East, continuing along said northwesterly line, a distance of 482.30 feet;
v thence South 00 degrees 00 minutes 00 seconds East, a distance of 469.11 feet;
Q� thence Southerly, along a tangential curve, concave to the East, having a central
angle of 21 degrees 21 minutes 26 seconds, a radius of 460.00 feet for an arc
distance of 171.47 feet; thence South 20 degrees 37 minutes 20 seconds East, not
tangent to said curve, a distance of 246.94 feet, to a southerly line of said Outlot
B; thence North 90 degrees 00 minutes 00 seconds West, along said southerly
line, a distance of 434.91 feet to the westerly line of said Outlot B; thence
Northerly along said westerly line, along a non-tangential curve, concave to the
(� East, having a central angle of 08 degrees 47 minutes 04 seconds, a radius of
2,591.49 feet for an arc distance of 397.32 feet; the chord of said curve bears
North 16 degrees 22 minutes 40 seconds West and a chord distance of 396.93
feet to the point of beginning.
4879-6554-5463\3
AND
An Easement across that part of Outlot C, WEST PUBLISHING COMPANY 8TH
ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, described
as follows:
Beginning at the southwest corner of said Outlot C; thence North 21 degrees
19 minutes 18 seconds West, assumed bearing along the west line of said
Outlot C, a distance of 262.70 feet; thence North 70 degrees 19 minutes 13
seconds East, a distance of 75.03 feet; thence South 21 degrees 19 minutes
18 seconds East, a distance of 260.55 feet to the south line of said Outlot C;
thence South 68 degrees 40 minutes 42 seconds West, along said south line,
a distance of 75.00 feet to the point of beginning.
(hereinafter the "Easement Area").
See also Exhibit "A-1" and "A-2" attached hereto and incorporated herein.
CONSERVATION RESTRICTIONS. Once Landowner has completed the necessary grading
and planting of the approved materials within the Easement Area, 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;
2
4879-6554-5463\3
TOGETHER WITH:
An Easement across that part of Outlot C, WEST PUBLISHING COMPANY 8TH
U
ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, described
,�--
as follows:
®`
Beginning at the northwest corner of said Outlot C; thence on a assumed bearing
of East along the north line of said Outlot C, a distance of 80.38 feet; thence
South 21 degrees 19 minutes 18 seconds East, a distance of 202.23 feet; thence
South 70 degrees 19 minutes 13 seconds West, a distance of 75.03 feet to the
west line of said Outlot C; thence North 21 degrees 19 m inutes 18 seconds West,
Q
along said west line, a distance of 204.35 feet; thence Northerly continuing
along said west line, along a tangential curve, concave to the East, having a
central angle of 00 degrees 33 minutes 07 seconds, a radius of 2,591.49 feet for
an arc distance of 24.97 feet to the point of beginning.
(hereinafter the "Easement Area").
See also Exhibit "A-1" and "A-2" attached hereto and incorporated herein.
CONSERVATION RESTRICTIONS. Once Landowner has completed the necessary grading
and planting of the approved materials within the Easement Area, 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;
2
4879-6554-5463\3
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:
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 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.
The Landowner shall not be responsible for any pre-existing conditions in place as of the
date of this Agreement.
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.
[Remainder of Page Intentionally Blank.]
3
4879-6554-5463\3
IN TESTIMONY WHEREOF, the Landowner has caused this Agreement to be executed
as of the day and year first above written.
LANDOWNER:
Eagan Property Owner, LLC,
a Delaware limited liability company
By: Ryan Companies US, Inc.,
a Minnesota corporation
Its: Sole Member
By:
Name: Peter Fitzgerald
Its: Vice President of Real Estate Development
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on November �- I , 2024, by Peter
Fitzgerald, as Vice President of Real Estate Development of Ryan Companies US, Inc., a
Minnesota corporation, the Sole Member of Eagan Property Owner, LLC, a Delaware limited
liability company.
Stam `� �` +"'~
NoAH R BRUNER
( - TARY PUBLIC
..�**� ..t
MINNESOTA
«t My Commission . Expires Jan. 31. 2027
(signature of notarial officer)
Title (and Rank): Notary Public
My commission expires:
[Signature Page to Conservation Easement]
IN TESTIMONY WHEREOF, the Landowner has caused this Agreeme o be executed
as of the day and year first above written.
Eagan Property Owner, LLC
a Delaware limited liability company
By: Ryan Companies US, Inc.,
a Minnesota corporation
Its: Sole Member
Bv:
Name: Peter Fitzgerald
Its: Vice President of Real Estate
STATE OF MINNESOTA
ss
COUNTY OF HE IN )
Theyg
oing instrument was acknowledged before me this day of
2024, by Peter Fitzgerald, Vice President of Real Estate Development of
RyanCo parties US, Inc., a Minnesota corporation, the Sole Member of Eagan Property Owner,
LLC, elaware limited liability company, on behalf of the corporation and the limited liability
Notary Public
APPROVED AS TO FORM:
City Attorney's Office
Dated: 2!j
APPROVED AS TO CONTENT:
Public Works Department
Dated: T,/202 V
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: 41887/Easement No. 1403)
5
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DATE: 11/18/2024
PROJECT NUMBER: 0052283.00
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DATE: 11/18/2024
PROJECT NUMBER 0052283.00