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
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Certificate of Survey for M£R /T o2 DEVEL. 0 pMENT
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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
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Certificate of Survey for
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LAND SURVEYORS CIVIL ENGINEERS
LANO PLANNERS LANDSCAPE ARCHITECTS
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Exhibit B
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2422 Enterprise Drive
Mendota Heights, MN 55120
(612) 681 -1914
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