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1375 Corporate Center Dr? .I 92 3os DRAINAGE AND UTILITY EASEMENT -taxrt-ss THIS INDENTURE, made and en[ered into thie 23rd day of DeCembeY' , 1986, by and betveen PRISM HOTEL DEVELOPMENT COMPANY (EAGAN), a Minneso[a partnerehip by ite General Partnere, PRISM (EAGAN) DEVELOPMENT CORPORATION, a Minnesota corporation and PRISM HOTEL AGENCY INC., a Minneeota corporation as Grantors, and the CITY OF EAGAN, Dakota County, Minneaota, as Grantee, WITNESSETH WHEREAS, the eaid Grantore, in consideration of One Dollar ($1.00) and other good and valuable consideration, [o them paid by Grantee, receip[ of which ie hereby acknowledged, do hereby grant an easement [a eaid Crantee, its heira and aesigns, for permanent drainage purpoees, including the normal practice of filling with water from etorm sever runoff, and for utility line purposee the premieea situated in the City of Eagan, Dako[a County, Minneso[a legally described ae follovs: See Exhibit A attached hereto and made a part hereof. The Crantee shall have the right to do wha[ever is neceesary for the . enjoyment of the righte herein granted, including the right of clearing the easement area to allov for the uee af [he land as a[ated herein, and for ingresa and egreae to and from eaid tract of land and over and ecrosa said easement only for the purpose of conatructing and maintaining, operating and repairing eaid drainage facilities and utility lines. And the said Crantors, for themselves, their heire, execu[ors, adminietrators and aesigne do hereby releaee Che eaid CITY OF EAGAN, i[s auccesaore and assigna, from all claime for any and all damagee resulting [o eaid land by reason of [he location of eaid drainage easement and utility linea. By acceptance o'f these easementa, the Grantee agrees thet it shall resiore the property located outeide the anticipated perimeter of moving water to ae near the exieting grade as ia reasonably poseible and further agrees to replace exieting cultivated shrubs or sod and [o seed all other areas not covered with moving vater. IN WITNESS WHEREOF, the Gran[ors hereco have hereunto set their handa and seals the day and year first above written. PRISM HOTEL DEVELOPMENT COHPANY (EAGAN), a Minnesota Partnerehip By: PRISM (EAGAN) DEVELOPMENT CORPORATION, Ite General Partner n By: Ica: C - By: PRISM HOTEL AGENCY INC., I[e General Partner BY: 7. Ita: Pr ident TEXAS STATE OF ttIttN}79tH`h) ) ea. COUNrY OF DAILAS ) On Chis 23rd day of D2Cemb2r , 1986, before me a Notary Public vithin and for eaid County, peraonally appeared Dimitri D. PepddOpOUlos and $t2phen L. Vdn to me pereonally knoWn, who, being each by me duly eworn to be the Chalrmdn of Priam (Eagan) Development Corporation and [he Presldent of Priam Hotel Agency Inc., the general par[ners oE the Partnerehip named in ehe foregoing ina[rument, and [hat the aeal affixed to eaid instrument is the seal of eaid par[nership and tha[ eaid instrument was aigned and sealed on behalf of said Partnerahip by said Dimitri D. Papadopoulos and Stephen L. Van ae Chairman and President of the general partnera end they acknowledged said instrument to be the free act and deed of the Par[nera 'p. (S E A L) ?( , V.t(?S 4"? y blic Cheqt E. STATE OF MINNESOTA) ) ss. COUNTY OF ) On [his day of , 19 , before me a No[ary Public wi[hin and for said Ceunty personally appeared [o me peraonally known, who, being by me duly svorn that he is the of the Corporation named in the foregoing : instrument, and that the seal affixed to said instrument ie the corporate seal of eaid corporation, and thae said instrument wae aigned and aealed in behalf of said corporation by au[hority of its Board of ?irectors and said acknowledged said instrument to be the free act and deed of the corporatian. (5 E A L) STATE OF MINNESOTA) ) ss. COUNTY OF ) On [his day of , 19 , before me a Nocary Public within and for said Coun[y personally appeared [o me peraonally knovn, who, being by me duly sworn that he is the of the Corporation named in [he foregoing inetrument, and that [he seal afEixed to eaid instrument ie the corpora[e seal of eaid corporation, and that eaid instrument vae signed and sealed in behalf of said corpora[ion by authority of its Board of Directora and said acknovledged said inetrument [o be [he free act and deed of the corporation. (S E A L) THIS DOCIIMENT DRAFTED BY: Hauge, Eide 6 Keller, P.A. 1200 Yankee Ooodle Road Water Viea Office Tower, Sui[e 303 Eagan, MN 55123 (612) 456-9000 EXEMPT FROM STATE DE6D TAX STAMPS EXHZBIT A A 20.00 foot drainege and utility easement over, under bnd ecross that Dart Of Lot 2. Blotk 1, EAGAN- DAIE OFFICE PARr, 4TH ADDITION. according to the re- corded Dlat thereof, Dakota County, Minnesota, tying 10.00 feet on each side of a centerline, described as Commencing at ihe most nnrtherly corner of said Lot 2; thence on an assumed bearinq of 5outh 43 de- qrees 50 minutes 21 seconds East, along the nortneast- erly line of said Lot 2 a distance of 117.00 feet; tnence Soutn 46 deg?ees 09 minutes 39 secends West, a distance of 43.00 feet to tne Doint 'of bea+nninc of the centerline to be described; thence South 65 deqrees 46 minutes 29 seconds East, a distance of 76.24 feet and said centerline there terminating. dv \ \?'? I r- IV VI? L- L.- ?q?ST $ ryFqry?R \` /?? ?TyF ? \O `o? S/ EXISTING DR111NAGE- ? ?- e UTILITY EASEMENT N87°24 0 -- c / ? ^• I L , 5 I L_?-- -- -ses•se'2n"e- se Q . ? - \O ? b i ?. ? -N 86°30'30"e ?• F... ,i. ?. . Lt ? I i i r?? I? i'? I•,? i ?l ?i L?L?I i Il?.,?i ?I .? ? . 121 • 86 KL . EASEMENT SKETCH FOR: OPUS CORPORATION PROPOSED DRAINAGE & OTILITY EFSEMENT ? A 20.00 foot tlrainage and utility easement over, under and acro55 that part of Lot 2, Block 1, EAGAN- DALE OFFICE PARN 4TH ADO1TIOfV, according to the re- corded p12t thereof, Dakota Lounty, Ninnesota, lying 10.00 feet an each side of a centerline described as connnen[ing at the most northerly corner of saitl `0 P Lot 2; thence on an assured bearing of South 43 de- `F. I gree5 50 minutes 21 secnnds East, along the northeast- ? erly line of said Lot Z a distance of 'IV.00 feet; F9SPq thence South 46 degrees 09 minutes 39 seconds West, ?y?29 I a distance of 43.00 feet to the point of beginning Fy?G of the centerline to 6e Aescri6ed; thence South 65 ?4 degrees 48 minutes 29 seconds East, a distarce of 76.24 feet and said centerline there terminating ? 0. X111 0 `-- - ?t ?y I f0%r 5 ? J ?51 CIZfz5.!S ' ? 1?iZ3G5 N M ? w < J 3 U N ? ? ? I ? I I Sunda- l.and gaerve_ying lnC. 90]IEBltwminplonirpm'ey195W) " eIoo-pm,. rnx ssex ?etxlb?-?? .. . . ' , . . . . i. ,.