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1352 Chatterton Ct - Trail EasementI, Maria Petersen, City Clerk of the City of Eagan, Dakota County, MN, do hereby certify that the attached document is a true and correct copy of a public record for the City of Eagan. Dated: September 15, 2009 Receipt#: 70082 ABSTRACT FEE $46.00 Return to: CITY OF EAGAN 3830 PILOT KNOB ROAD MUNICIPAL CENTER EAGAN, MN 55122 CERTIFICATION Joel T. Beckman County Recorder Dakota County, MN Maria Petersen, City Clerk 2693984 Recorded on 11/3/2009 09:00:01AM By: TMC, Deputy NOTICE IS HEREBY GIVEN that the City of Eagan, Dakota County, Minnesota, has completed the proceedings for vacation of a trail easement lying over and across the following described property: See Attached Description That said proceedings were taken and completed by the City of Eagan, Dakota County, Minnesota, on September 15, 2009, and that the description of the real estate and land affected by the vacation of said trail is contained in the Resolution vacating said trail of which a copy is attached hereto and made a part hereof and marked as Exhibit "A ATTEST: DATED: September 15, 2009 edMAg.—. By: Maria Petersen By: Mike Maguire Its: Mayor Its: City Clerk NOTICE CITY OF EAGAN CITY COUNCIL CITY OF EAGAN L See Attached Description EXHIBIT A RESOLUTION CITY OF EAGAN WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on the 15 day of September, 2009, at 6:30 p.m. at the City Hall located at 3830 Pilot Knob Road, Eagan, Minnesota; all members being present; and WHEREAS, pursuant to M.S.A. §412.851, the Mayor convened the public hearing to consider the proposed vacation of a trail easement lying over and across the following described property: WHEREAS, the Council at a regular meeting on the 18 day of August, 2009, accepted a petition to vacate said trail easement pursuant, to a petition and scheduled a public hearing on the vacation for the 15 day of September, 2009, at 6:30 p.m. at the City Hall; and WHEREAS, Affidavit of Publication of Notice of Hearing in This Week, dated August 28 and September 4, 2009, relative to the proposed vacation was submitted; and WHEREAS, there appearing no objections to said vacation and the Council desiring to vacate said trail easement; and WHEREAS, it having been determined that other than petitioner, there are no other parties having an interest in said trail easement, and it appearing that it is in the public interest to vacate such easement, and there being no objections; NOW THEREFORE, upon motion by Councilmember Hansen, seconded by Councilmember Tilley, all members voting yes, it was RESOLVED that the trail easement lying over and across the following described property is hereby vacated: See Attached Description Dated: September 15, 2009 ATTEST: By: Its: Maria Petersen By: Mike Ma.' ire City Clerk Its: Mayor THIS INSTRUMENT WAS DRAFTED BY: PUBLIC WORKS DEPARTMENT CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN MN 55122 (651) 675 -5646 CITY COUNCIL CITY OF EAGAN Lots 20 and 21, Block 1, Chatterton Ponds, according to the Recorded plat therof. Such perpetual trailway easement to be 10.00 feet wide, the centerline being described as follows: Beginning at the northeast corner of said Lot 21; thence on an assumed bearing of South 0 degrees 54 minutes 24 seconds East along the easterly line of said Lot 21 a distance of 79.71 feet; thence southeasterly a distance of 17.13 feet along a tangential curve, concave to the northeast, having a central angle of 43 degrees 24 minutes 06 seconds and a radius of 22.62 feet; thence South 44 degrees 18 minutes 30 seconds East, tangent to said curve, a distance of 110.35 feet; thence southeasterly a distance of 19.70 feet along a tangential curve, concave to the southwest, having a central angle of 24 degrees 22 minutes 31 seconds and a radius of 46.30 feet; thence southeasterly a distance of 141.06 feet along a reverse curve having a central angle of 61 degrees 50 minutes 14 seconds and a radius of 130.70 feet; thence South 81 degrees 46 minutes 13 seconds East, tangent to the last described curve, a distance of 2.07 feet to the most easterly line of said Lot 21 and there terminating. L D S Severson, Sheldon, Dougherty Et Molenda, P.A. EVERSON SHELDON NA Attorneys 1 Advisors 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 6' Date: September 3, 2009 Re: Part of Lot 20, Block 1, CHATTERTON PONDS Easement 1190 Our File No. 206-4768 John, Enclosed for the City's records, please find the original Trail Easement dated August 17, 2009 and recorded with the Dakota County Recorder's Office on August 25, 2009, as Document No. 2680425. r 1-\ Receipt#: 60978 2680425 ABSTRACT FEE $46.00 Recorded on: 8/25/2009 09:00:01AM By: DDW, Deputy Return to: SEVERSON SHELDON DOUGHERTY ETAL 7300 WEST 147TH STREET Joel T. Beckman County Recorder pm D f STE 600 APPLE VALLEY, MN 55124 Dakota County, MN f TRAIL EASEMENT THIS TRAIL EASEMENT is made and entered into this 0,4_ day of A a 44 2009, by and between ALEXANDER P. MARUDAS and DIXIE L. MARUDAS, husband an(i ife, hereinafter referred to as "Landowners," and the CITY OF EAGAN, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City WITNESSETH: That the Landowners, 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, do hereby grant and convey unto the City, its successors and assigns, forever, a permanent 10 foot wide trail easement over, across and under the following described property, situated within Dakota County, Minnesota, to -wit: That part of Lot 20, Block 1, CHATTERTON PONDS, according to the recorded plat thereof, Dakota County, Minnesota. The center line of said easement is described as commencing at the most southerly southeast corner of Lot 20, Block 1, CHATTERTON PONDS; thence North 0 degrees 00 minutes 30 seconds East, assumed bearing, along the most easterly line of said Lot 21, a distance of 104.48 feet to the point of beginning of said centerline to be described; thence North 28 degrees 45 minutes 24 seconds West a distance of 11.78 feet; thence westerly a distance of 83.09 feet along a tangential curve, concave to the southwest, having a radius 100.00 feet and a central angle of 47 degrees 36 minutes 27 seconds; thence North 76 degrees 21 minutes 51 seconds West, tangent to said curve, a distance of 59.47 feet; thence northwesterly a distance of 25.33 feet along a tangential curve, concave to the northeast, having a radius of 40.00 feet and a central angle of 36 degrees 17 minutes 23 seconds; thence North 39 degrees 35 minutes 21 seconds West, tangent to said curve, a distance of 37.96 feet; thence North 36 degrees 21 minutes 57 seconds West, a distance of 42.07 feet; thence North 13 degrees 10 minutes 34 seconds West a distance of 25.00 feet; thence North 21 degrees 52 minutes 32 seconds West a distance of 18.71 feet; thence North 11 degrees 06 minutes 36 seconds West a distance of 27.72 feet to the most northerly line of said Lot 21 and said center line there terminating. The side lines of said easement shall be prolonged or shortened to terminate at said most easterly and most northerly lines of said Lot 21. See also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing permanent easement for trail purposes includes the right of the City, its contractors, agents and servants to enter upon the premises at all reasonable times to construct, reconstruct, inspect, repair and maintain pipes, conduits and mains; and the further right to remove trees, brush, undergrowth and other obstructions. After completion of such construction, maintenance, repair or removal, the City shall restore the premises to the condition in which it was found prior to the commencement of such actions, save only for the necessary removal of trees, brush, undergrowth and other obstructions. And the Landowners, its successors and assigns, does covenant with the City, its successors and assigns, that it has the authority to grant and convey the easement herein to the City. IN WITNESS WHEREOF, the Landowners have caused this easement to be executed as of the day and year first above written. Ale ander P duras Dixie L. Maduras STATE OF MINNESOTA )ss. COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this /7/L. day of At S(45.4 2009, by Alexander P. Maduras and Dixie L. Maduras, husband and wife. No Noir blic APPROVED AS TO FORM: >,1 JUDY M. JE NKINS 8 I NOTARY PUBLIC- MINNESOTA City Attorney's Office My Commission Expo es Jan. 31, 2010 Dated: ((C/P APPROVED AS TO CONTENT: 1 Public Works De artment Dated: z /I THIS INSTRUMENT WAS DRAFTED BY: City of Eagan Engineering Division Public Works Department 3830 Pilot Knob Road Eagan MN 55122 Easement No. 1190) G:Easements/Easement 1190 Maduras) 2 TTE RTON CHA COl1RT Block 1 M N 11 06' 36" W NORTH 27.72' 1 =40' N21 °52'32 "W 18.71' G Lot 20 N13 °10'34 "W f 25.00' f. N6 'gyp PROPOSED TRAIL EASEMENT N 36° 21' 57" W 42.07' �l i/'/d lc %ma c. EXIST. TRAIL N L= 25.33' z R= 40.00' POINT OF A= 36° 7' 23" N 76 BEGINNIN 21'51„ 59.47 W C� R\ �O a 3 o CN S M LU Lot 21 N 28° 45' 24" W v b 11.78' o cO z Bo 0 MOST SOUTHERLY SE CORNER OF LOT 21, BLOCK 1, CHATTERTON PONDS G:VocotIon 539_Wht_Pine c y I I Tr 4 Proposed Trail Easement CP" City o f hp 1352 Chatterton Court Aug. 10, 2009 Engineering Department Lot 20, Blk. 1, Chatterton Ponds