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550 Opperman Dr - Easement 1181-File No. 206-4768 . lam, RECEIVED SSeverson, Sheldon, Dougherty & Molenda, P.A. JUL 0 7 Z009 EVERSON SHELDON EAGAN Attorneys ; Advisors ENGINEERING DEPARTMENT SUITE 600 7300 WEST 147Th STREET APPLE VALLEY, MINNESOTA 55124-7580 TELEPHONE (952) 432-3136 FACSIMILE (952) 432-3780 MEMO To: John Gorder, Assistant City Engineer From: Robert B. Bauer, City Attorney Date: July 2, 2009 Re: Lot 1, Block 1, YMCA 2nd Addition Easement 1181 Our File No. 206-4768 John, Enclosed for the City's records, please find the original Trailway Easement dated March 3, 2009 and recorded with the Dakota County Registrar of Titles Office on March 30, 2009, as Document No. T641344. 4 la,' /e._ r O I 1 T641344 Receipt#: 39531 TORRENS FEE $46.00 Recorded on: 3/30/2009 12:00:01 PM By: LAD, Deputy Certificate 126756 Return to: SEVERSON SHELDON DOUGHERTY ETAL 7300 WEST 147TH STREET STE 600 Joel T. Beckman Registrar of Titles APPLE VALLEY, MN 55124 Dakota County MN TRAILWAY EASEMENT THIS EASEMENT, made this 3 o day of March, 2009, between YMCA OF GREATER ST. PAUL, a Minnesota non-profit corporation (hereinafter referred to as "Landowner"), and the City of Eagan, a Minnesota 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, forever, a permanent trail easement over, under and across the following described property, situated within Dakota County, Minnesota, to-wit: That part of Lot 1, Block 1, YMCA 2ND Addition, according to 'the recorded plat thereof, described as the northerly 5 feet of said lot. See also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing permanent easement for trailway purposes includes the right of the City, its contractors, agents and servants to construct, reconstruct, inspect, repair and maintain a bituminous-surfaced trailway and erect and maintain signs in conjunction with the public's use of said trailway and any signs erected in conjunction with the use of the trailway. The Landowner, its successors and assigns, does covenant with the City, its successors and assigns, that it is the owner of the premises aforesaid and has good right to grant and convey the easement herein to the City. IN TESTIMONY WHEREOF, the Landowner has caused this easement to be executed as of the day and year first above written. YMCA of Greater St. Paul, MN By: Zc,~ Its: Ceti STATE OF MINNESOTA) )ss. COUNTY OF L3kJ JL l~ ) The foregoing instrument was acknowledged before me this day of c 2009, by l l n I.. &w~.~ the of YMCA of Greater St. Paul, a Minnesota non- profit corporation, on behalf of said corporation. Notary PiC~ APPROVED AS TO FORM: PEGGY ANN MATTHEES NOTARY PUBLIC-MINNESOTA My Commission ExDfires Jan. 31.2012 City Attorney's Office Dated: 7l65 APPROVED AS TO CONTENT: 1blic Works Department Dated: -/EyiO'' THIS INSTRUMENT WAS DRAFTED BY: City of Eagan Engineering Division Public Works Department 3830 Pilot Knob Road Eagan MN 55122 Easement No. 1181 2 ~w _ . . A permanent trailway easement over and across Lot 1, Block 1, YMCA 2nd Add., Dakota County, Minnesota, described as follows: The northerly 5.0 feet of said Lot 1, Block 1. OPPERMAN DRIVE ,J--Tr ----I- U J-- - _ { ! 5.0' TRAILWAY EASEMENT I ; 020-03 550 Opperman Dr. ILL rill Lot 1, Block 1 111/0 z . 2-23-2009 5.0' Trailway Easement City of E~~a>l Exhibit A Engineering Department Lot 1, Block 1, YMCA 2nd Add.