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2103 Royale Dr - EasementEASEMENT FOR INGRESS AND EGRESS RECITALS: 915f;79 TIJIS EASEMENT AGREEMENT, made and entered into this day of /l/tq; 1988, by and between Meritor Development Corporation, a Pennsylvania corporation (hereinafter "Meritor and the City of Eagan, Dakota County, Minnesota (hereinafter "City of Eagan 1. Meritor is the owner of Lot 5, Block 4, Eagan Royale, according to the plat thereof as recorded in the County Recorder's office in Dakota County, Minnesota (hereinafter "Meritor Property 2. The City of Eagan is the owner of Outlot B, Eagan Royale, according to the plat thereof, as recorded in the County Recorder's Office in Dakota County, Minnesota (hereinafter "City of Eagan Property 3. Meritor and the City of Eagan deem it desirable to grant to each other an easement over their respective properties as hereinafter provided. NOW, THEREFORE, for good and valuable consideration, the parties hereto grant and convey the following easements: 1. Meritor hereby grants and conveys to the City of Eagan a perpetual, non exclusive easement for ingress and egress purposes over and across the Meritor Property legally described as follows: The easterly 25.0 feet of Lot 5, Block 4, Eagan Royale, Dakota County, Minnesota, (hereinafter "Meritor Easement Property (See Exhibit "A 2. The City of Eagan hereby grants and conveys to Meritor a perpetual, non exclusive easement for ingress and egress purposes over and across the City of Eagan Property legally described as follows: That part of Outlot B, Eagan Royale, according to the recorded plat thereof lying easterly of the southerly extension of the westerly line of Lot 5, Block 4, said Eagan Royale and westerly of the southerly extension of the easterly line of said Lot 5, Dakota County, Minnesota, (hereinafter "City of Eagan Easement Property (See Exhibit "B 3. Meritor hereby agrees to construct an asphalt roadway over the Meritor Easement Property and at its option may construct an asphalt roadway over a portion of or all of the City of Eagan Easement Property. It is hereby understood that Meritor has no obligation to construct a roadway on the City of Eagan Easement (The Meritor Easement Property and City of Eagan Easement Property collectively shall hereinafter be referred to as "Roadway 1 Meritor shall complete construction of the Roadway, to the extent it is obligated, on or before October 1, 1988. To the extent such Roadway is constructed by Meritor, it shall meet 9 -ton specifications, shall be a minimum of 12 feet wide and shall have a 20 -foot inside radius at the southeast corner of Lot 5, Block 4, Eagan Royale. 4. Structural maintenance and repair of the Roadway shall be the sole responsibility of the City of Eagan, its successors and assigns, at its discretion and scheduling compatible with other maintenance and repair projects within the City. Any expenses incurred for any maintenance and /or repair to the Roadway, including but not limited to, asphalting or other bituminous or concrete road materials needed for repair, shall be borne solely by the City of Eagan. 5. Meritor, its successors and assigns, shall be responsible for the removal of all snow and ice from the Roadway. 6. Meritor and the City of Eagan hereby agree that neither will create or permit any obstructions which would prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the Roadway. 7. The City of Eagan shall have the right to construct and maintain upon the Meritor Easement Property such portable snow fences during such months as weather conditions make necessary. 8. It is hereby agreed by the City of Eagan that the portion of the City of Eagan Property currently used as a roadway which borders Lots 1 through 4, inclusive, Block 4, Eagan Royale (hereinafter "Vacated Roadway Property shall be vacated for roadway purposes. The City of Eagan may continue to use the Vacated Roadway Property for maintenance of the water lines located thereon, but agrees that the Vacated Roadway Property will not be used as an access road to the water tower located on the City of Eagan Property unless access is restricted via the Roadway easement. 9. In the event of any violation or attempted or threatened violation of the terms hereof, or any interference or attempted or threatened interference with the easement rights herein granted, this Agreement may be enforced by any of the parties hereto or by any successor or assign of any party hereto, by restraining order or injunction, temporary or permanent, prohibiting such violation or interference and demanding compliance with the provisions hereof, which restraining order and injunction shall be obtainable upon the proof of the existence of such violation or tempted or threatened violation or interference and without the necessity of proof of the inadequacy of legal remedies or irreparable harm. 10. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of Meritor and the City of Eagan. 100V LE DRIVE M 5 L Certificate of Survey for M£R /T o2 DEVEL. 0 pMENT 0 t4 89 °53'39 "W to.00 Lor /47.910 t./89°3 '39"W i i?.45 31 0 9 �433 n� GtSG R t Pri o l-1 EASEMENT FOR IrJ4KSS AND ECIkE% PuRPoSE OVER AND ACROSS TIIAT FART OF THE EASTERL'/ 25.0 FEET OF LOT 6, GLocK 4 EAGAN ROYALE DAkoTA COUNTY MINNESOTA Y Exhibit A Co Auditor, Dakota IN WITNESS WHEREOF, the undersigned have caused thi to be executed as of the date first above written. APPROVED: As t rm Egan City Attorney As to Content: L STATE 0 li /to f el STATE OF MINNESOTA ss: COUNTY OF ELIZABETH/ NOTARY PUBLIC-MINNESOTA DAKOTA COUNTY m commission Expires Fire. 10.1111 ss: COUNTY OF D#1.401 IA 8 THIS INSTRUMENT DRAFTED BY: HAUGE, EIDE KELLER, P.A. Town Centre Professional Bldg. 1260 Yankee Doodle Road, #200 Eagan, Minnesota 55123 (612) 456 -9000 MERITOR DEVELOPMENT CORPORATION A Pennsy)q ania Corporation By: By: lic Works Department Its Transfer day of 0 heir AMO CITY OF EAGAN A Municip.1 orpora ion By: r. Its: 4 ins rument rry/t. Frank, Vice President The foregoing instrument was acknowledged before me this /fir day of inar.c 1988, by Larry D. Frank, the Vice President of Meritor Development Corporation, a corporation under the laws of Pennsylvania, on behalf of the corporation. 62, 6 th er NOWAY PUBLIC 4 On this 111 day of N04.,,.wv 198,8, before me, a Notary Public, within and for said county, personally appeared 1j4144f 1,. Mat and E Z Nict %asatLL- to me personally known, who being each by me duly sworn, each did say that they are respectively the mayor and C.;+A C I.tk of the City of Eagan, the municipality named in the foebgoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council, and said neko, and s acknowledge said instrument to be the free act an. =eed of said m nicipality PUBLI 1 !r'AI L WUCL'E"PFENNIG MINNESOTA DAKOTA COUNTY "te 3f My Corn uion Exp Feb 8, 1993 C o PIONEER engineering 4 �c Certificate of Survey for O RO4LE S. sy iss, 3,- E. 100.00 LAND SURVEYORS CIVIL ENGINEERS LANO PLANNERS LANDSCAPE ARCHITECTS 147.97 1 �IN6RESS 4265'5* Ei4SFMENT 1 /41.73 M 91°,3' 3r w So U1h line oil Ou!/ I a _'Jt'/r7gi SI ov'n 0/'e OS.'U?1 41ERzToQ Dv 4 431,39 Exhibit B D7tvr l` )1/ 45- 3 2 9 2.43 1,• 2422 Enterprise Drive Mendota Heights, MN 55120 (612) 681 -1914 Scale J am. 4 al