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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 4879-6554-546313 EXHIBIT L6A-1" (4 GOL4 Wesrw000 MroTesslonal bervlces, Inc - POINT OF BEGINNING, MOST WESTERLY /- J ( vL-_vI UL�L.I.:r711v\� cc uj COMPANY 8TH ADDITION \ a 1 /-I/ V , v U1V/cp • I COMPANY 8TH ADDITION a � 1 1 4 OF OUTLOT B, r 1 1 WEST PUBLISHING 1 , a POINT NOT TANGENT - 1 o ,,--CONSERVATION 1 ;N,AWg V'✓ I L I L- s?I + '1 'o 1 1 l 5 ' \. o 1^_ 1 I � 1P 1 1 IW 1 1' 1 'g W NORTHWESTERLY LINE +, 1 OF OUTLOT 8, ( 1 Q WESTPUBLISHING i h� COMPANY 8TH ADDITION - POINT OF BEGINNING, MOST WESTERLY 1 ( CORNER OF OUTLOT B, WEST PUBLISHING 1 % v cc uj COMPANY 8TH ADDITION \ a 1 /-I/ V , v U1V/cp • I COMPANY 8TH ADDITION a WESTERLY LINE 1 4 OF OUTLOT B, r WEST PUBLISHING 1 , a POINT NOT TANGENT - COMPANY 8TH ADDITION o ,,--CONSERVATION v o T ;N,AWg WEST PUBLISHING COMPANY 8TH ADDITION EAGAN, MINNESOTA 4879-6554-5463\3 ( i EASEMENT • ( \N 5 AI_) A A I\� • m OF OUTLOT B, \ a 1 /-I/ V , v U1V/cp • I COMPANY 8TH ADDITION .-, I • -\� ----s-� -------------------------- Z POINT NOT TANGENT - (Wv1A�N N ;N,AWg OUTLOT B + WEST PUBLISHING COMPANY 8TH ADDITION EAGAN, MINNESOTA 4879-6554-5463\3 ( �m ( \N •- A SOUTHERLY LINE • m OF OUTLOT B, \ a WEST PUBLISHING • I COMPANY 8TH ADDITION I • -\� ----s-� -------------------------- N90'00'00'W 434.97 n, :T, /1T VV 1 L_V 1 TI 1 A n n I; -!/l A l "1 r7-1fJL/I1 ilJly West%mmd Plwaa (962)%7-6160 IZ701NMIwvala D,No. 8uNa 1800 Fax (962108]-6822 M,nN . MN 66848 90m (a99)927-s16o wmwxwdpa vkwAam llaf wo I sEwhm Iac 120' 240' SHEET NUMBER CONSERVATION 2 EASEMENT EXHIBIT OF 2 OUTLOT B DATE: 11/18/2024 PROJECT NUMBER: 0052283.00 EXHIBIT 66A-2" escwooa rroresswnai aervKes, ux. 15 �,—WESTLINEOFOUTLOT4 OUTLOT C 13VJ WEST PUBLISHING COMPANY COMPANY 8TH l�I l^1 IAI/� / /lA A/_)A AI\/ \ vvc_. r VL.LF 7l1 v\7 vl/17/ nl V I ADDITION TAFM /em/W1.5150 weremdpame C: EAGAN, MINNESOTA L/ lJ/L.v/ - POINT OF BEGINNING, NORTHWEST CORNER r OF OUTL OTC, WEST PUBLISHING COMPANY GR 8TH ADDITION •t / \ r EAST \\ ._ 80.38 \ L=24.971, R=2597.49 , \ NORTH LINE OF OUTLOT C. WEST PUBLISHING COMPANY 8TH ADDITION 'may: , X \ ! S66 A q2 t T �T \ -- POINT OF BEGINNING, SOUTHWEST CORNER OF OUTLOT C, WEST PUBLISHING COMPANY 8TH ADDITION Z \ 0' 100' WEST PUBLISHING 15 �,—WESTLINEOFOUTLOT4 OUTLOT C 13VJ WEST PUBLISHING COMPANY COMPANY 8TH S�0°19 �, 8TH ADDITION ADDITION TAFM /em/W1.5150 weremdpame � NjOi503 -.V. EAGAN, MINNESOTA ^ rr 1 A I A I l0 : 1' 7 1 LJ L/ 1 i 11,1i V � ' ; GR .� ;� -»r ' 0 N ? ♦ �" , SOUTH LINE OF OUTLOT C, \ 3 r WEST PUBLISHING COMPANY 8TH ADDITION 'may: , X \ ! S66 A q2 \ -- POINT OF BEGINNING, SOUTHWEST CORNER OF OUTLOT C, WEST PUBLISHING COMPANY 8TH ADDITION 0' 100' 200' WEST PUBLISHING Westwood COMPANY 8TH °- (95Em-515U ,�,m lvnxh alc UrMn. 5l la /Sao Fm #W)W7.3 2 111nM/O .MN553A ADDITION TAFM /em/W1.5150 weremdpame YI(vlaaoa ►mhdN�/ ew�os Inc EAGAN, MINNESOTA 4879-6554-5463\3 SHEET NUMBER CONSERVATION 2 EASEMENT EXHIBIT OF 2 OUTLOT C DATE: 11/18/2024 PROJECT NUMBER 0052283.00