The URL can be used to link to this page

1410 Towerview RdCITY OF EAGAN 3830 Pilot Knob Road, P.O. Box 21-199, Eagan, MN 55121 BUILDING PERMIT rPT.r Piinm PHONE: 454-8100 Receipt # To be used for EQUIP. BLDG. Est. value $28 000 Date N OVEMBER 27 t 9 $ 5 1410 TOWERVIEW RD Site Addr s SPERRY PARK Lot Block I Sec/Sub Erect Remodel ? ? B4 Occupancy Zoning PF . Parcel No. Repair A di i ? ? Type of Const. WN N i S ' on d t tor o. es Name NW BELL TELEPHONE Move ? Length A Demolish ? Depth- 16 ddres Int. Impr. ? Sq. Fr ST PAU City hone Install ? 2 2 o Name TCM CONSTRUCTION of PORTLAND AVE SO 0 -K Address C822-2121 ity MPLS Phone W Name TYSON ASSOC INC ?- LAKE ST X c=3 Address _ City „' Phone Minnesota Statutes and Q? Signature of Permittee-f 1 A Building Permit is issued to: all work shall be done in accc Building Official Assessment Permit V.L"' ' "w Water & Sew. Surcharge ' Police Plan Review ?0 Fire SAC Eng. Water Conn. Planner Water Meter Council 5_ _ 5 _ _Road Unit ulaL ulv State of Bldg' TCM i !,with all Date PI. Parks Copies -52TN.?1D on the express condition that City of Eagan Ordinances. 1 1 1 PorwA Na I PMmM lk"m I Dow I TOWOMW N 1 N P". p. Fled t Oac. * FW do Frnp N Dbp. y OF EAGAN Z /I u Remarks ?L Additio? Owner Street Improvement Date Amount Annual Years Payment Rece Date STREET SURF. STREET RESTOR. GRADING ,a Q SAN SEW TRUNK SEWER LATERAL WATERMAIN WATER LATERAL WATER AREA STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BU' LOIN R. SAC YAA K CITY OF EAGAN /-"" 1 V,7,AYA Remarks V-e Addnion SPERRY PARR AMN_ r 'Z Lot Z Blk I Parcel 10 71500 020 Ol Owner City of Eagan Street State Eagan. MN 55122 / O& A Improvement Date Amount Annual Years Payment Receipt Date STREET SUR F. -8-j-9 1984 8726.00 872.60 10 8726.00 0008557 10-5-83 STREET RESTOR. GRADING SAN SEW TRUNK SEWER LATERAL WATERMAIN WATER LATERAL WATER AREA STORM SEW TRK STORM SEW LAT 6:? 1984 1500.00 150.00 10 10-5-21 CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK 3 4 2 ° 007 ® OFFlC USE GNLY This request void 18 months from validation dale printed in this bas o PLEASE PRINT OR TYPE Request Dote Roagh-in inspeaon required? ? Yes )UNo Inspedian other Than Raugh.ln ? Ready No- M WJI call 1Yau must toll Me inspector whe n readyl Dote Ready. I, ® licensed contractor ? owner hereby request inspection of the above electrical work at: Job Address (Sheet, Bar, or R.W. No I City Zip Code 1420 Towerview Road Eagan 55121 Sernan No. Township Noma or No. Range Na. Fire Na. Cauny of 1 Block 1, Unisys Pa k N/A Dakota Occaponl Phone No. City Of Eagan 612-681-4646 Pover Supplier Add-. Northern States Pwr. Co. 5309 W. 70th St. Edina, MN 55435 Ele,m-l Coronado, (Co.,, Name) Contmaor bcerse No. Master Uc No. (Plant Eled. OdY) M. J. ELECTRIC, INC. CA01151 AM03919 Madtng Address (Cormsoor or Q.mer Pedormme Installation) P. 0. B x 686, Iron Mountain, MI 49801 / thonsed Sig to (Canhadar or e?rAer(brm..S-?n'rc/lotion) / /J/? py ?o Phone No. 906-774-8000 EB.000OIA-10 6M STATE BOARD COPY-SEE INSTRUCTIONS ON BACK OF YELLOWCOPY I _ REQUEST FOR ELECTRICAL INSPECTION II III II I I I I I II II III I III Minnesota State Board of Electricity 1821 I University (612) 64Ave Rm?T128 SJ. Paul, MN 5511)4 A * 0 3 4 2 0 7 2 Phone saeoeoa /r/7/(1V?/lC Home Duplex Apt. Bldg. Other: New g Addn Commercial Industrial Farm Water Tower Remod Re air Air Cond. Htg. Equip. Water Htr. Load Mgmt Other: Telecommunications Dryer Range Elec. Heat Tem . Service Equipment 'X° above the work covered by this request. Enter remarks in this space and on the back of the white copy only. MS03XC183V1 Electrical Service Hook-up For Telecommunication Equipment To Be Installed At The Water Tower Site Calculate Inspection Fee - This Inspection Request will not be accepted without the correct fee: Other Fee I #I Service Enhance Sae Fee # Circvits/Feeders Fee Mobile Home Pork Stall 1 0 to 200 Amps 20.0( 0 to 100 Amps 41.00 Street Ltg /Traffic Sig. Above 200 Amps Above 100-Amps Transformer/Generator INSPECTOR'S USE ONLY TOTAL 61 00 Sign/Outline Ltg. Xfmr . Alarm/Remote Control Swimming Pool I hereby ceri Ihol I ins eaed the electriml mstallahon described hernn on the doles lolled Irrigation Boom Roagh-ln onto ecial Ins ection S p p Fowl DaleB TH Investigative Fee IS INSTALLATION MAY 2 BE ORDERED DIS CTED IF NOT COMPLETED WITHIN ii MONTHS. '/0/'19/1 (P 1 E SE LV This request void 18 months from validation onto printed in 1 "s bon. ,9 . 1, 41 11111111111111111111111111111111111111111111111111 UO?AT p? - d9 s 0 4 1 1 8 3 2 9 X PLEASE PRINT OR TYPE L/O/ Ragoest Dale Rogghin inspection mi wred2 Vas ? No ha, an Other Than Roaghln: ? Ready Now W.II Call (you mast cat the mspecmr mady) Dora Ready: I,>(licensed contractor ? owner hereby request inspection of the above electrical work at Jab Address 15heect, Box, or Rwh, No I G, Zip code 14'Zo 10 zz a - K. SlZ Section No. Towmhi, Name or No Range No. Firo No. County ? u Occupant Ph. No. tA3 - Power su her Address 5 SS Elecvmol Connector [Company Natant Convector license No. Master La No. [Plant Elect. Only) Z?4 Nailing Address ICannacmr or Ow r Performing Iastallotionl 1 -I?ArRD M 5 Z Authorized Signature (C n r o r Performing Instollmwn) Phone No Z EBaDOOIA-11 B/96 e?..neon ov _ ece .uer.ur•Tm.c n..erv tie vn t nw 1isv • REQUEST-FOR ELECTRICAL INSPECTION cG 0 Minnesota State Board of Electricity 1821 University Ave., Rm. S-128. St. Paul, MN 55104 PhotLe(012)442-0800 XAi./ !X v/` 10?J,A1 1 Home Du lex Apl. Bldg. Other: New Addn Commercial Indushial Farm j Remod Repair Air Cond. Htg. Equi Water Hlr. Load M ml. 11 Other: Dryer Range Elec. Heat Temp. Service 'Xe above the work Jc?overedd by this request. Ent?er? remarks in this space an?don/tth?er back offttthhe white copy only. 1?. X=C RICAL 6113ZO -a 4-' l /Z)Arl( O-AK fil.F- IALSTA L11-i low Fb iZ C.F_LL_ 'Pw>3r-- r= L h?V? EJST Calculate Inspection Fee - This Inspection Request will not be accepted without the correct fee: Other Fee # Service Entrance Size Fee # Circuits/Feeders Fee Mobile Home Park Stall 0 to 200 Amps ZjCiPT' 0 to 100 Amps yO Street 1.19./Traffic Sig. Above 200 Am s Above 100 Amps Transformer/Generator INSPECTOR'S USE ONLY TOTAL Sign/Outline Ug. Xfmr. / ?bl Alarm/Remote Control ff Swimming Pool I here «m that o ebedcol immnaron d.lmd herein or the dab, „aced Irrigation Boom Ro„ Wi Dab S ecial Ins ection PO p p Investigative Fee ims Da e THIS INSTALLATION MAYBE ORDERED ONNECTED I COMPLETED WITHIN 113 MONTHS. This requestovoid 1 8 months l r or 699(00 1-116.1 3 0761T9 - ? ml:e t Date Fire No. -a Locensed Electrical Contractor Owner ?h-m In. erlinn E] ROndy Now J nufy You No for Whnn Ready ady heroby request utspection of above olectri cal work installed et: Street Ad< ess, B I Route No . ? City ecuoi No. Township Nanm or No. Rnnple No. County Occupant IPRIN et) Phone No. Power Su II Add" L^/-1 Electric I C nUactor (Company Q?.(rL' to -QC-? Car 1110 bcenso No. O '?- Malhog Address (Contractor or Owner Making stailation].-, B d Author iBBFl u e IDOetraq r/Owner king Installatinnl PhmtpiN Umber/ MINNESOTA STATE BOARD F LE TRICITY Griggs-Midway Bldg. -RoomO-19 1821 University Ave., St. Paul. 55104 Phone (612) 297-2111 THIS INSPECTION REQUEST ILL NOT BE ACCEPTED BY THE STATE BOARD UNLESS PROPER INSPECTION FEE IS ENCLOSED. CITY OF EAGAN 3830 Pilot Knob Road, P.O. Box 21-199, Eagan, MN 55121 NO 11359 PHONE: 454-8100?f/G l] BUILDING PERMIT TFT.Rnc4nMP Receipt# Tobeusedlor EQUIP. BLDG. Est.yalue $28.000 Date NOVEMBER 27 985 Site Address 1410 TOWERVIEW RD Erect 15 Occupancy B4 Lot L A Block 1 Sec/Sub. SPERRY PARK Remodel El Zoning PP Parcel No Repair ? Type of Const. `N . Addition ? No. Stories NW BELL TELEPHONE Move 11 Length --- --- a u, Name H Demolish 11 Depth Address Addre Int. Impr. ? Sq. Ft. 16 ST City PAUT? 'Phone Install ? 272 o Name TCM CONSTRUCTION Approvals Fees 0U Address 3801 PORTLAND AVE SO Assessment Permit $184.00 city MPLS Phone 822-2121 Water & Sew. Surcharge 14.00 uc u TYSON ASSOC INC Police Plan Review 92.00 v Name 711 W LAKE ST Fire SAC u w Address MPLS 827-5484 Eng. Water Conn. a City Phone planner Water Meter I hereby acknowledge that information is correct an?J Minnesota Statutes and l Signature of A Building Permit is issued to: all work shall be done in accc Building Official ,thatthe of Bldg' Off. 11/22/8 State of APC TCM CONSTRUCTION all applicable Road Unit Tr. PI. Parks Copies 2 9 0. 0 0 ,,., r,. on the express condition that City of Eagan Ordinances. 4::- ) ) - JL, 1985 BUILDING PERMIT APPLICATION - CITY OF EAGAN NOTE: ALL CONTRACTORS MUST BE LICENSED WITH THE CITY OF EAGAN COMMERCIAL SINGLE FAMILY DWELLINGS INCLUDE 2 SETS OF ARCHITECTURAL INCLUDE 2 SETS OF PLANS & STRUCTURAL PLANS, 1 SET OF 3 CERTIFICATES OF SURVEY SPECIFICATIONS.AND 1 -SET OF 1 SET OF ENERGY CALCULATIONS ENERGY CALCULATIONS $2,000 LANDSCAPE BOND To Be Used For: U/i. .2 Valuation: ?[???• Date 1410 "(OWG2Vtsw ?. i/EXr cUN7?/? 2N.fc-? Site Address Oar OFFICE USE 1 Lot 47- Block Erect X Parcel/Sub Remodel Repair Addition Owner t1/pA7/ju/ /Cs? ff-g?rLL 1EC67'4V Address `6 cr V12/ S"Kec-71 City/Zip Code AK/ 597d/ Phone Contractor /_ /t/ &AMj ZAI /7 {? Address mot Paa mt4'/ Avt- Q City/Zip Code ?Pt5a, Phone ? z/.l ?W Arch./Engr. Address City/Zip Code Phone !I (??" '?J Z 5 7 J 1 y? ?1 Q Move Demolish '- Int.Impr. Install a 2 1X85- Occupancy Zoning Type of Const 1! of Stories Length Depth Sq Ft APPROVALS FEES Assessments Permit Water/Sewer Surcharge Police Plan Review Fire SAC Engr Water Conn Planner Water Meter Council' Road Unit Bldg Offeatment Pl APC Parks (Variance Copies TOTAL as 1?2' ire ? z:2) d REQUEST FOR ELECTRICAL INSPECTION E s% EB-00001-04 (J ? ,See instructions for completing thi s'form on beck of yellow copy. P61 1 9 -X"- Below WorR-tm%sfd by This Request i Add'flep. Type of Building Appfi..... Wired Equipment Wired Home Range Temporary Service Duplex Water Heater Lighting Fixtures Apt. Building Dryer Electric Heabn Commercial Bldg. Furnace Silo llnloader Industlial Bldg. Air Conditioner Bulk Milk Tank Farm Other peaty Other iSm,CifY1 t mi pocify Other Other Compute lnsnectton Fee Below N Fee Service Entrance Size h Fee Feed.rs/Subfeeders 4 Fee Circwts 0 to 200 qm s 24 (0b 0 to 30 Amts 0 to 30 Am Above 200 gmp5 31 [0 100 Amps 31 to 100 Amps Swintn ng Pool Above 100 Amps Above 100_Amps Transformers Irrigation Booms Partial.'Other Fee Signs Special Inspection s ? TOT Remarks ?e7r L FE Rough-in ina l e /77 4 pt. Drife. /(r ??sss I, t Electric Inspe oeeby 11r41y that the abov. inspection has been med.. This request void 18 months from //"? fJt; 7 MEMO TO: GENE VANOVERBEKE, DIRECTOR OF FINANCE FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS DATE: OCTOBER 3, 1983 SUBJECT: PARCEL #10 71500 020 01 (LOT 2, BLOCK 1, SPERRY PARK):- PROJECT 360, FINAL ASSESSMENT PAYMENT (CITY PROPERTY) Project 360 provided for the street surfacing and storm sewer lateral installation on Towerview Road west of Pilot Knob Road. All costs associated with this project were assessed against the benefited abutting properties which included the above-referenced City-owned parcel which contains the 0.5 mg water reservior on Sperry Park property. The assessment liability of this parcel is broken down as follows: Street Surfacing $8,726 (DP 838) Storm Sewer Lateral 1,500 (DP 839) TOTAL $10,226 As a part of the approved 1983 budget for the Public Works Depart- ment, Water Maintenance Division (#61), Account #4531. "Special Assessments on City Property" allocated $10,000 for this estimated assessment liability. Therefore, will you please perform the necessary financial trans- action to transfer $10,226 to the appropriate data processing (DP) numbers so that we can prepare a receipt statement and mark our special assessment card as paid in full. Please inform Ann of any information necessary for her to prepare this receipt and record this payment as this assessment has already been sent to the County for certification. If you need any further information or clarification pertaining to this request, please let me know. Director of Public works ?- cc: Ann Goers, Special Assessment Clerk TAC/kf of 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122-1897 N'ayOf PHONE: (612) 454-8100 DAVID K. GUSTAFSON FAX: (612) 454-8363 PAMELA M CREA TIM PAW N Y THEODORE WACHTER CwU l Members THOMAS HEDGES May 16 , 1990 CRy Adminwrator EUGENE VAN OVERBEKE CM Clerk MR WARREN DUNLAP CELLULAR ONE 2515 24TH AVE S MPLS MN 55406 Re: Sperry Reservoir Antenna Installation Application Dear Mr. Dunlap: It is my understanding that you Y. a Special Use Permit to install facility on the Sperry Reservoir 1, Unisys Park Addition. K ave submitted an application for a radio communications gantenna Facility located on Lot 1, Block In addition to the Special Use Permit for the construction of your equipment facility building, a special antenna installation application must be processed through the City Public Works Department for the antenna facilities to be installed on the reservoir structure itself. Enclosed please find an application form that must be completed and returned to my attention, with the appropriate fee, to allow the Public Works Department to perform an analysis of this application in relationship to existing City communication operations as well as the existing tenant, Air Signal Company, Inc. Your information will then be forwarded to the City's radio communication's consultant, Mr. Garrett Lysiak, of Owl Engineering, Inc., to perform the technical engineering analysis and related intermodulation study. Once this review has been completed, a draft lease agreement will be forwarded to your attention for your consideration. It would then be appropriate to forward the lease agreement along with the special permit to the City Council. Obviously, this cannot be accomplished by the May 17 Council meeting as I only became aware of your formal application yesterday. THE LONE OAK TREE ...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Page 2 Please be assured that we will try to facilitate our review to allow you to proceed with your application as quickly as possible. In the interim, please feel free to contact me if you have any concerns regarding this process. Sincerely, APE. Director of Public Works cc: Jim Sturm, City Planner Shannon Tyree, Zoning Administrator Joe Connolly, Superintendent of Utilities Garrett Lysiak, Owl Engineering Enclosure city of eagan PATRICIA E. AWADA Movor PAUL BAKKEN SEA August 24, 1999 P EGGYOA. CCARLSON SANDRA A. MASIN Council Members THOMAS HEDGES MR JACK ANDERSON City Administrator MORRISON KNUDSEN CORPORATION E. J. VAN OVERBEKE 888 E MINNEHAHA AVE BLDG 27 City Clerk ST PAUL MN 55106 RE: BUILDING PERMIT REQUIREMENTS SPRINT EQUIPMENT EAGAN WATER TOWER SPERRY 1410 TOWERVIEW RD LOT 1, BLOCK 1, UNISYS PARK Dear Mr. Anderson: This letter is to confine our conversation referenced in your letter of August 19, 1999. A building permit is not needed for Sprint equipment on the Eagan Water Tower Sperry at the above referenced location; however, an electrician will be required to obtain an electrical permit. If you have any more questions or concerns in this regard, please do not hesitate to contact me at 651-681-4683. Sincerely, Craig Novaczyk Combination Building Inspector CN/j s MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122-1897 PHONE: (651) 681-4600 FAX. (651) 681-4612 DID (651) 4548535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity Employer MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (651) 681-4300 FAX: (651) 681-4360 TDD (651) 454-8535 Page 11/EAGAN CrrY COUNCIL MINUTES May 17, 1990 on a case by case basis as each had41 different development agreement, latter of credit and escrow agreement. He suggested that the bills be:se5." giving fa _p.otice of any subsequent steps in the process. City Councilmember Pawlenty expressed surotise at the large number of negative escrow balances and said that the City would have to beo. ine more aggressive In their collection. He said it was important for the City Council to know If an appho. t has a negative escrow balance and that amount should be included in the packet. Councilmember McCrea noted that aimost every developer was included on the list and questioned whether escrows were being underestimated. The Director of Finance said these amounts had been set low with each applicant saying they would gladly pay any outstanding balances. Councilmember McCrea then asked If the developers had escrowed certain amounts only to W later that the City had imposed stricter standards;;_:the Director of Finance said that was possible as the developer could have signed an escrow agreement:.' . then:isiund costs had risen. He added that there are probably some costs that will not be paid, howevei :te requests that the developers address and resolve these issues. Rollie Crawford, representing a developer,; .said ,that he was not sure all attorneys were aware of the ordinance. He said that he had yet to sets:ttie`btdirianCe?or_:see a list of escrow account balances. He said he understood the desire to protect the City fiom nnancial exposure and collect these negative balances but questioned why it took so long. He said most clients want to pay, however, they have received large statements with even larger amounts. He also said that a portion may have just appeared recently and have never been billed before. In many instances he said the escrow was not enough and now was three times greater. He said that many developers have questions but wonder what they do now. Mr. Crawford said that If they challenge the amounts, perhaps fairness and .equity46uld be less present In the next negotiation. He then suggested that 1) the City Council get additiorial::U1p'ut before adopting the ordinance and 2) create a mechanism whereby disputes, questions.anq ctincerris liver the amounts could be determined by someone other than the person who is doing the levying. Mr. Crawford then questioned whether going to court was a choice for the developers as they did not wish:to:go, to. whcourt with cities they are trying to do business with. He requested that the City Council defer adoption 1;ut en.:it is reconsidered, he asked that it include an apparatus for the review or appeal of amounts. He suggi9sted_3hat a review board could include one or two members of the City Council, the City Attorney, and a consulting'-fees expert. Councilmember McCrea asked the developer 't they would agree to pay the legal costs of having the City Attorney present on an appeal board. Mr, Crawford said that they would. The Director of Finance said that It was necessary to put teeth in the ordinance In order to get the developers to respond. He said that these expenses have been incurred and someone has to pay for them. He said that K it was not the developer then the:faxpayers woUl .. d pay the costs. Pawlenty moved, McCrea secondeda mod.6ir't6 approve the concept of an ordinance amendment to facilitate escrow account collection and' tTiat the ordirance be referred to the Advisory Planning Commission for public hearing and, further, that the follbWing language be added to the Waiver section of the amendment: 9f after appeal it is found that`Itit:3i8tgtis?:a:the escrow account are correct, all costs associated with the appeal will be the responsibility of the applicant. K, however, the charges are found to be incorrect, the costs will be the responsibility of the City! Aye: 5 Nay: 0 SPECIAL PERMITttUt"W.ULEPHONE.SITE McCrea moved, Wachter seconded;::a motion to oontinv0 indefinhely a special permit for Cellular One to allow cellular antennas and associated: ipment.pq.4. 3,.t .flock 1, Unisys Park (City water tower). Aye: 5 Nay: 0 1000-19.1 DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS (FOR THE LOT 1 PERIMETER ROAD IN UNISYS PARK 2ND ADDITION) THIS DECLARATION, made and entered into this 18th day of September, 1991, by UNISYS CORPORATION, a Delaware Corporation ("Declarant"). W I T N E S S E T H: WHEREAS, Declarant is the owner of real property in Dakota County, Minnesota, legally described as Lot 3, Block 1, Unisys Park and Lots 1 and 2, Block 1, Unisvs Park 2nd Addition (collectively referred to as the "Subject Property"); WHEREAS, Lots 1 and 2, Block 1, Unisys Park 2nd Addition were created as a result of the subdivision of Lot 4, Block 1, Unisys Park. WHEREAS, Declarant or its successors and assigns may sell, further subdivide, or further develop all or part of the Subject Property; and WHEREAS, by a document of even date herewith, entitled "Declaration of Easements, Covenants and Restrictions (for the Lot 2 Connector Road, Unisys Park 2nd Addition)" Declarant has created a perpetual easement in favor of Lot 3, Block 1, Unisys Park, for ingress and egress across Lot 2, Block 1, Unisys Park 2nd Addition according to the terms thereof; WHEREAS, Declarant desires to provide a means whereby the owners and occupants of the Subject Property and their invitees shall have the right of vehicular ingress and egress over and MM616.WP 1 across those portions of the Subject Property designated for such purposes for access to Pilot Knob Road and Yankee Doodle Road; NOW, THEREFORE, Declarant declares that the Subject Property is and shall be held, transferred, sold, conveyed and occupied subject to the following easements, covenants and restrictions: 1. Declarant agrees that Lots 1 and 2, Block 1, Unisys Park 2nd Addition shall be subject to a permanent easement for ingress and egress benefiting all of the owners of the Subject Property, which easement shall consist of a two lane paved roadway that complies with all zoning and other governmental requirements together with a right-of-way totaling 66 feet in width, connecting Pilot Knob Road and Yankee Doodle Road, the centerline of which is the boundary between Lots 1 and 2, Block 1, Unisys Park 2nd Addition as presently platted (hereinafter referred to as the "Lot 1 Perimeter Road"). The use of the Lot 1 Perimeter Road by the owners and occupants of the Subject Property and their invitees shall be governed by the terms of this Declaration of Easements, Covenants and Restrictions. 2. Declarant, for itself, its successors and assigns agrees that notwithstanding the other provisions of this Agreement, in the event that the City of Eagan or any other governmental body having jurisdiction over the Subject Property requests the dedication as a public street of the Lot 1 Perimeter Road, the owners of the portion of the Subject Property upon which the Perimeter Road is located may consent to and cooperate in any such dedication, without liability of any kind to other owners of the Subject 0=16.WP 2 Property hereunder provided no such dedication limits or restricts the access to and from the Lot 1 Perimeter Road to and from the Lot 2 Connector Road or otherwise impairs the rights granted to the owner of Lot 3, Block 1, Unisys Park, pursuant to this Declaration of Covenants, Easements and Restrictions and the Declaration of Covenants, Easements and Restrictions (for the Lot 2 Connector Road, Unisys Park 2nd Addition). At such time as any portion of the Lot 1 Perimeter Road becomes dedicated as a public street, the provisions of this Agreement relating to the portion of the Lot 1 Perimeter Road so dedicated shall be null and void and of no further force and effect and this Agreement shall terminate in its entirety if and at such time as all of the Lot 1 Perimeter Road has been so dedicated, provided in each case that the City has also accepted the maintenance thereof. 3. The Lot 1 Perimeter Road shall be used for the benefit of the owners and occupants of the Subject Property and their invitees as a non-exclusive permanent easement for vehicular ingress and egress over and across said Lot 1 Perimeter Road on the following conditions: a. No portion of the Lot 1 Perimeter Road shall be blocked; provided, however, the owners of the property upon which the Lot 1 Perimeter Road is located may use such portions of the right-of-way not used for roadway in a manner which is not detrimental to the safe and convenient use of the Lot 1 Perimeter Road. b. The Owner of Lot 1, Block 1, Unisys Park 2nd Addition shall be responsible for the maintenance and repair of the Lot 1 Perimeter Road. The maintenance and repair shall be accomplished in such a manner as to provide a OM16.WP 3 safe and attractive paved roadway and shall be in accordance with the standards for private roads established from time to time by the City of Eagan, or any other governmental authority having jurisdiction. Without limiting the generality of the foregoing, the phrase "maintenance and repair" as used in this Declaration of Easements, Covenants and Restrictions means all labor and materials which are reasonably necessary from time to time to repair, replace and maintain the Lot 1 Perimeter Road in good order, condition and repair and in compliance with all applicable governmental regulations, including snow removal, cleaning, sweeping, stripping (if applicable), patching, repaving, resurfacing and recurbing, marking of traffic controls, and removal of trash and debris. Maintenance shall also include obtaining and maintaining a policy of public liability insurance in an amount reasonably agreed upon by the owner(s) of the Subject Property which policy shall name all owners, from time to time, of any part or parcel of the Subject Property as additional insureds. C. The paved surface of the Lot 1 Perimeter Road shall be at least 24 feet in width and in the event that it is necessary because of increased usage of said road for the width to be increased, the entire cost of such widening shall be borne by the owner(s) of Lot 2, Block 1, Unisys Park 2nd Addition. d. Except for the cost of expanding the roadway as set forth in subparagraph c, all reasonable cost of maintenance and repair of the Lot 1 Perimeter Road shall be assessed 20% to the owners of Lot 3, Block 1, Unisys Park, 40% to the owners of Lot 1, Block 1, Unisys Park 2nd Addition, and 40% to the owners of Lot 2, Block 1, Unisys Park 2nd Addition. In the event that any of the separate parcels of the Subject Property are further subdivided, each subdivided lot shall be responsible for its pro rata share of the assessment based on the square feet of area of that lot as compared to the area of the entire parcel that was subdivided. The other owners of the Subject Property shall reimburse the owner of Lot 1, Block 1, Unisys Park 2nd Addition from time to time for their pro rata share of reasonable costs of maintenance and repair within thirty (30) days after receiving a written request for reimbursement from the owner of Lot 1, Block 1, Unisys Park 2nd Addition, accompanied by invoices or other appropriate evidence of the maintenance and repair costs incurred. The other owners of the Subject Property shall be under no obligation to reimburse the owner of Lot 1, Block 1, Unisys Park 2nd Addition more than $5,000 0000616.WP 4 for any single item of maintenance or repair or more than a total aggregate reimbursement for maintenance and repair of $10,000 in any calendar year, unless the other owners of the Subject Property have consented in writing, prior to the performance of such maintenance or repair, to make such reimbursement, which consent shall not be unreasonably withheld in order to comply with the maintenance or repair obligations of this Agreement. e. Each owner of any part of the Subject Property shall indemnify, defend and hold all other owners of the Subject Property, their successors and assigns, officers, employees, agents, customers, suppliers, tenants, invitees and contractors harmless from any and all claims demands, liabilities, judgments and expenses including, but not limited to, reasonable attorneys' fees, for injuries to or death of any person or damage to or destruction of any property caused by or resulting from the acts or omissions of such owner, its employees, agents or contractors related to the use, maintenance, operation and repair of the Lot 1 Perimeter Road. f. If an owner of any portion of the Subject Property defaults in any of its obligations under any provision of this Declaration, and such default continues for 30 days after written notice thereof given by any aggrieved owner (or, with respect to nonmonetary defaults, the defaulting owner fails to commence reasonable efforts to cure within such 30 days, or fails to diligently complete such cure within a reasonable time thereafter), any one or more of the aggrieved owners may enforce such obligations, either at law or in equity, by injunction or specific performance or other available relief, or may perform or pay all or any part of such obligations and charge the cost of performing or the payment made, including reasonable attorneys' fees, to the defaulting owner. The indebtedness incurred hereunder on behalf of a defaulting owner shall bear interest from the later of the date incurred or ten (10) days after notice of default is given as herein provided at a rate per annum of two percent (28) in excess of the rate from time to time publicly announced by First Bank National Association, Minneapolis, Minnesota, or any successor national banking association, as its "Reference Rate" (or if payment of such interest cannot be lawfully enforced, then at the highest rate which can be enforced), and the indebtedness, interest, and all reasonable costs of suit or collection thereof, including reasonable attorneys' fees, whether suit be brought or not, with interest on such costs of suit or collection at the rate above set out, shall be payable on demand of the creditor and shall 00006I6.WP 5 constitute a lien against the defaulting owner's property described in this Declaration in order to secure the payment of such indebtedness upon filing or recording of a notice or statement thereof in the office of the Dakota County Recorder or Registrar of Titles, as appropriate. Any such lien or liens may be foreclosed in the same manner as foreclosure of a mortgage by action, and the lienholder may recover from the proceeds of such foreclosure attorneys' fees and other costs and expenses of foreclosing the lien and collecting the sums due thereunder, in addition to the indebtedness secured by the lien. Any such indebtedness, interest and costs of suit or collection shall also be recoverable by any other remedy then available to the creditor at law or in equity. Failure to enforce any covenant hereunder shall not be deemed to be a waiver of the right to do so thereafter. Any lien arising pursuant to this Declaration shall be subject and subordinate to the lien of any mortgage on the Subject Property now or hereafter held by any bank, savings and loan company, insurance company, financial institute or any other entity or person. 4. The obligations and benefits of this Agreement run with the land and this Agreement is made in perpetuity such that the owners of the Subject Property, their successors and assigns who become owners of the Subject Property or any subdivision thereof, forever, shall be bound by the terms and conditions set forth herein. 5. The parties hereto further agree as follows: a. The owners of all lots included in the Subject Property will, from time to time at the request of an owner of any such lot, enter into such written instruments and agreements as may be necessary to reaffirm, reestablish, extend and continue in full force and effect the easements, covenants and restrictions hereby created, notwithstanding any provision of Minnesota law under which all or any of such easements, covenants and restrictions would or might otherwise terminate or expire. b. Notwithstanding any other provision of this Declaration, no individual or entity shall have any obligation or liability under this Declaration OM16.WP except to the extent such obligation or liability arises or accrues during the period of ownership by such individual or entity of legal or equitable title to all or any portion of the Subject Property. C. Upon request of any owner of the Subject Property, the remaining owners of the Subject Property shall execute an estoppel letter or certificate stating that this Agreement is in full force and effect and that the requesting owner is not in default hereunder, if that is the case. 6. This Declaration of Easements, Covenants and Restrictions may be changed, modified or revoked only upon the written approval of the City of Eagan. To be effective, such approval must be witnessed, authenticated and recorded pursuant to the laws of the State of Minnesota. [Rest of page intentionally left blank.] 0000616.WP 7 IN WITNESS WHEREOF, the Declarant has hereunto set its hand the day and year first above written. UNISYS CORPORATION e Corporation a DelaTllfeuzz?? By Its t f5 COMMONWEALTH OF PENNSYLVANIA) ss. COUNTY OF ) The foregoing was acknowle ed before me this day of 1991, by. . eiaA, the r of Unisys Corporation, a Delaware corporation. n NOTARIAL SEAL CAROL A GORMAN, Notary Publk PlymouO TwP.. Montramery County Commissimn E<oire3 Mav CS 19M l(p Z' l00-0194 OFFICE OF THE COUNTY RECORDER-DAKOTA COUNTY, MN. CERTIFIED THAT THE WITHIN INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON AND AT SEP Z3 9 05 ?1{('91 DOC. NO 1006194 JAMES N. LA COUNTY RECORDER DEPUTYFEE CASH ? CHECK*- CHARGE ? CHARGE WHOM REFUND DO NOT REMOVE 05 guOranlY title, Inc. E VU10750 2000-7 =I MO 90 id avww 9O,Id1 m?Oft.IOOmOIU mm ,haneternateredThW °z 3.a day cf .?isI County Auditor, Dakota CA). J?t Sep-29. 2004 3 19PM No-3736 P. 2 LEASE AGREEMENT between CITY OF EAGAN and NORTHWESTERN BELL TELEPHONE COMPANY Z--) Z `L "4r THIS LEASE made this ?FFday ofI 4LY , 1985, between the CITY OF EAGAN, a municipal corporation, hereinafter called the Lessor, and NORTHWESTERN BELL TELEPHONE COMPANY, an Iowa Corporation, hereafter called the Lessee. WHEREAS, Lessee desires to lease a parcel of land hereinafter described from the Lessor upon the conditions hereinafter set forth for the constructionand maintenance of a telephone equipment building and related facilities, appliances and appurtenances, and WHEREAS, Lessor is willing to lease such parcel to lessee upon the terms and conditions and for the consideration hereinafter stated. NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements herein contained the Lessor does hereby demise and lease unto Lessee and Lessee does hereby hire and take from the Lessor the following described parcel of land situated in Dakota County,.Mlnnesota, to-wit: The East 60 feet of the North 10 feet of Lot 22, Block 1, Sperry Park ' for the construction of a telephone equipment building and the operation, maintenance, repair, and alteration of said building and related appliances, facilities, buried cables, conduits, manholes and appurtenances upon the terms and conditions contained herein. Lessee shall have right of ingress and egress to said land over the existing access road, and, with the concurrence of Lessor, shall have the right to make modifications, at Lessee's expense to said road in order to accommodate its vehicles. 1. Plans for said telephone equipment building including, architectural design consistent with surrounding uses of the Lessor, shall be subject to approval of the Lessor. Approval shall not be unreasonably withheld. 2. All buried cables, conduits, manholes, and appurtenances, and appliances shall be constructed within existing rights-of-way and within the premises leased and easement granted hereunder. There shall be no cables or conduits above ground leading to the premises. 3 ) P -? \:D V ?Zob 3. A land survey showing and describing the leased premises shall be provided by Lessee at its expense. 6ep•29. 2004 3:19PM No•3736 P. 3 1 4. The lease shall be for a term of twenty (20) years beginning 1985, renewable for five-year terms thereafter, upon terms agreed pon by the parties to this agreement. 5. A detailed landscaping plan shall be submitted by Lessee to Lessor and approved by Lessor prior to construction of any facilities on leased premises. 6. Lessee agrees to pay to the Lessor for the use of the premises the consideration of $10,000.00 for the twenty (20) year term, payable in one lump sum at the commencement of the lease. 7. The Lessee shall use the premises for a telephone equipment building to serve customers in Eagan and shall not use the premises for any other purpose. A change in use of the premises by the Lessee shall be considered to be a.termination of the lease, The Lessee shall be responsible for the proper maintenance of the building and the immediate premises within the leased area. 8. The fixtures, appliances, and appurtenances constructed, installed or placed by the Lessee on or under the leased premise shall remain the property of the Lessee at all times and Lessee shall have the right to remove any such property and improvements from the premises, subject to Lessee's obligation to repair all damage, if any, from such removal. 9. The Lessee shall have the right at any time to terminate the lease agreement but, in the event of such early termination of the lease, Lessor shall not be obligated to return any portion of the rent paid for the entire term. 10. Upon termination of this lease, Lessee's authority to use the premises and exercise the rights and privileges herein granted shall cease and Lessee shall promptly and in good condition, ordinary wear and tear excepted, surrender the premises to the Lessor. 11. Lessor shall hold the Lessee harmless and, at Lessor's expense, defend any question of title raised against Lessor's property. 12. Lessee agrees to defend, indemnify and hold harmless the Lessor and the Lessor's employees from and against all claims, suits, liabilities, judgments, costs, damages, and expenses, which may accrue against, be charged to or recovered from Lessor or Lessor's employees by reason of or on account of any personal injury or property damage arising from Lessee's use or occupancy of the leased premises. It is clearly understood and agreed that the foregoing indemnlficatlon and hold harmless agreement does not impose an obligation on the part of the Lessee to defend Lessor from its own negligence or failure to act or that of its employees. 13. In the event any part or all of the leased premises are taken by eminent domain the Lessor and Lessee shall share in any award as their separate interests may appear. 14. The covenants, terms, and conditions contained in this lease shall apply to and bind the successors, assigns, heirs, executors, and administrators of Lessor and Lessee. Sep-29. 2004 3:19PM 4 No•3736 P- 15. This lease agreement is conditional on the Lessee receiving the necessary federal, state, county and City permits to use the premises for the above stated purposes. 16. All rents, notices, and correspondence from Lessee to Lessor shall be addressed to City of Eagan, 3830 Pilot Knob Road, P. 0. Box 21199, Eagan, Minnesota 55121. All notices and correspondence from Lessor to Lessee shall be addressed to Northwestern Bell Telephone Company, Attention: Real Estate Department, 70 West Fourth Street, Room 1C, St. Paul, Minnesota 55102. 17. In the event that the Lessee defaults under any provision of this Lease Agreement, then the Lessor may declare the Lessee in default, and if the Lessee does not correct such default after 60 days written notice from Lessor to Lessee, then the Lessor may declare the Lease in default and grantee shall remove all buildings, underground cables, conduits, and appurtenances from the property as soon as practical. IN TESTIMONY WHEREOF, the Lessor and Lessee have caused these presents to be executed the day and year first above written. In Presence of: CITY OF EAGAN r? 1 By 11ts Mayor Attest: Its Clerk NORTHWESTERN BELL TELEPHONE COMPANY By: Its iEstate Marketing Manager -Real Estate Marketing. THIS INSTRUMENT DRAFTED BY: HAUGE, SMITH 6 EIOE, P.A. Attorneys at Law 3908 Sibley Memorial Highway Eagan. Minnesota 55122 li? PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members city of eagan THOMAS HEDGES City Administrator Municipal Center: 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.675.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community May 22, 2006 Cristy Handsaker Grubb & Ellis Company 1200 Seventeenth St., Suite 2000 Denver, CO 80202 RE: Signed Lease Agreements (City of Eagan, MN & Qwest Corp): - 1410 Towerview Rd - 3805 Pilot Knob Rd Dear Ms. Handsaker, As directed by Mr. Dave Dompier, enclosed please find two (2) fully executed copies of the final lease agreements for each site referenced above. Although these lease agreements were formally approved by our City Council on November 1, 2005, we only recently received the required certified surveys which are now attached as referenced Exhibits A, B & C to these lease agreements. As stated in each lease, these agreements are retroactive to August 1, 2005 as the official commencement date. The City has retained one fully executed copy for our files. If you have any questions regarding these documents, please contact me at your convenience. Thank you for your cooperation in concluding the preparation of these new 20-year leases for these facilities. Sincerely, `4' W4 Thomas A. Colbert, P.E. Director of Public Works Enc: 1410 Towerview Rd Lease (2 copies) 3805 Pilot Knob Rd. Lease (2 copies) CC: Steve Ling, City Attorney's office (w/o enc) Tom Pepper, City Chief Financial Officer (w/enc) LEASE AGREEMENT by and between CITY OF EAGAN and QWEST CORPORATION THIS LEASE AGREEMENT ("Lease") is entered into this f --' day of 2005, by and between the CITY OF EAGAN, a Minnesota municipal corporation, ("Landlord") and QWEST CORPORATION, a Colorado corporation ("Tenant"). Landlord and Tenant are jointly referred to as "parties". In consideration of the terms and conditions of this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Leased Site and easement. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant exclusive portions of ground space as more particularly described in Exhibit B attached hereto ("Site"), and non-exclusive portions of ground space as more particularly described in Exhibit C attached hereto ("Easement Area"), located at,,1410 `Towerview Road, County of Dakota, State of Minnesota, legally described in Exhibit A attached hereto (the "Property"), subject to any and all existing easements. Tenant has constructed and maintains a telephone equipment building and related facilities, appliances and appurtenances on the Property as indicated on Exhibits B and C. Tenant shall not be permitted to construct any additional buildings or place any additional equipment on the Property without the prior written consent of the Landlord. Notwithstanding the foregoing, Tenant may replace the telecommunications equipment in the existing buildings with new telecommunications equipment provided Tenant does not alter the use of the Property or the exterior appearance. 2. Term/Renewals. a. The term of this Lease shall be twenty (20) years, commencing on August 1, 2005, (the "Commencement Date") and ending on July 31, 2025 ("Term"). Tenant will have the option to extend the term of this Lease for two (2) additional periods of five (5) years (each a "Renewal Term"), subject to the further provisions of this paragraph. b. Tenant must exercise the option with respect to the Renewal Term, if at all, by giving written notice of exercise to Landlord on or before ninety (90) days prior to the expiration of the Term or Renewal Term as the case may be. Any notice by Tenant exercising its option of renewal shall hereinafter be called "Tenant's Notice." (i) The Renewal Term will be on the same terms and conditions as the Lease. (ii) Tenant will have no right to extend the term of this Lease if Tenant's Notice is not timely delivered or if there is an event of default under this Lease at the time Tenant's Notice is delivered. 3. Rent a. Upon the Commencement Date", Tenant shall pay Landlord a one time non-refundable administrative fee of Two Thousand Dollars ($2,000.00) and a one time landscape escrow fund charge in the amount of Two Thousand Dollars ($2,000.00). b. Commencing on the Commencement Date, Tenant shall pay Landlord monthly rent in the amount of Five Hundred Dollars ($500.00) per month ("Rent"). The Rent shall be paid monthly. without invoice, on or before the first day of each month. In addition. Tenant agrees to pay its "proportionate share" of any real estate taxes or payment in lieu of taxes required as a result of this Lease within thirty (30) days of notification by the Landlord. Tenant's "proportionate share" of real estate taxes shall be the percentage determined by dividing the amount of Tenant's exclusive space on the Property by the total amount of space leased on the Property. The Rent and all other sums owing to Landlord hereunder which are not paid within thirty (30) days after their due date shall accrue interest from the due date at the rate of one and one-half percent (1 %%) per month, which interest shall be paid coincidentally with the delinquent Rent payment. C. The Rent shall be increased annually effective January 1 st of each year, by the greater of (i) six (6%) of the previous year's annualized Rent, or (ii) an amount equal to the increase in the Consumer Price Index ("CPI"); provided, however, that the maximum annual increase in any year shall not exceed eight percent (8%). The CPI shall mean the "Consumer Price Index - for all Urban Consumers, All Cities, All Items (1967=100)" as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine the annual rental increase to be paid by Tenant under a CPI adjuster, the annualized rental for the previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding calendar year and the denominator of which shall be the CPI for the corresponding third quarter one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage figure shall be multiplied by the previous year's rent. d. If this Lease is terminated at a time other than on the last day of the year, Rent shall be prorated as of the date of termination and, in the event of termination for any reason not entitling Landlord to the payment of liquidated damages, all prepaid Rent shall be refunded to the Tenant. Tenant may not add additional equipment and/or buildings without the expressed written approval of the Landlord. Notwithstanding the foregoing, Tenant may replace the telecommunications equipment in the existing buildings with new telecommunications equipment provided Tenant does not alter the use of the Property or the exterior appearance. 4. Property Use. Tenant may use the Site for a telephone equipment building to serve customers in Eagan and shall not use the Site for any other purpose. This use shall be exclusive as to the Site and non-exclusive as to the Easement Area. A change in use of the Site by the Tenant shall be considered to be a termination of this Lease subject to the liquidated damages provisions in favor of Landlord as set forth below. The Tenant shall be responsible for the proper maintenance of the Site and Easement Area. Tenant shall use the Property in compliance with all federal, state, and local laws and regulations. Landlord agrees to respond to Tenant's request and to reasonably cooperate with Tenant in maintaining, at Tenant's expense (including Landlord's reasonable attorney and administrative fees) any federal licenses and permits required for Tenant's use of the Site and Easement Area. 5. Installation of Equipment and Leasehold Improvements. a. Tenant shall have the right, at its sole cost and expense, to install, operate and maintain in accordance xvith good engineering practices, including any applicable FCC rules and regulations, on the Property, all necessary building and related appliances, facilities, buried cables, conduits, manholes and appurtenances upon the terns and conditions contained herein. All buried cables, conduits, manholes, and appurtenances, and appliances shall be constructed within existing rights-of-way and within the Site and Easement Area granted hereunder. There shall be no cables or conduits above ground leading to the Site. Tenant shall have the right to add additional building and related appliances, facilities, buried cables, conduits, manholes and appurtenances, provided that Tenant obtains Landlord's prior written approval. b. Tenant's installation of such additional, other than currently existing, buildings and related appliances, facilities, buried cables, conduits, manholes and appurtenances shall be done according to plans approved by Landlord in Writing. Any damage done to the Property itself, including any reservoir or other personal property of Landlord located thereon, during installation and/or during operation shall be repaired or replaced within thirty (30) days after notification by Landlord at Tenant's expense and to Landlord's sole satisfaction. C. Tenant shall obtain Landlord's prior written consent before installing any additional buildings, structures or equipment on the Property. d. If Tenant shall install any additional buildings and related appliances, facilities, buried cables, conduits, manholes and appurtenances to the Site or Easement Area, Tenant shall provide Landlord with a detailed landscaping plan that must be approved by Landlord prior to construction of any additional buildings, related appliances, facilities, buried cables, conduits, manholes or appurtenances on the Property. 6. Maintenance. a. Tenant shall, at its own expense, maintain any of Tenant's equipment on or attached to the Property in a safe condition, in good repair and in a manner reasonably suitable to Landlord so as not to conflict with the use or other leases of the Property by Landlord. Tenant shall not interfere with the working use of the Property, related facilities or other equipment of additional tenants. b. Tenant shall have sole responsibility for the maintenance, repair and security of its buildings and related appliances, facilities, buried cables, conduits, manholes and appurtenances, leasehold improvements, and Site and Easement Area, and shall keep the same in good repair and condition during the Lease term. C. Tenant must keep the Site and Easement Area free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard, undue vibration, heat, noise, interference, etc. d. In the event the Landlord repaints, repairs or maintains any reservoir located on or adjacent to the Property, it shall be the responsibility of Tenant, at its sole cost and expense, to provide adequate measures to cover Tenant's equipment or other personal property, if necessary, to protect the same from such paint and debris fallout or damage which may occur during the paint restoration, repair or maintenance process. Landlord will attempt to contact Tenant at the phone number and fax numbers set forth herein prior to commencing such repairs. Notwithstanding the foregoing, Landlord shall have no obligation to provide advance notice to Tenant of such repairs or maintenance. Property Access. a. Tenant, at all times during this Lease, shall have vehicular and pedestrian ingress and egress over the Property by means of the existing access, subject to notice requirements to Landlord as provided in paragraph 7.b, below. b. Tenant shall have 24-hour a day access to the Property in order to install, operate, and maintain its buildings and related appliances, facilities, buried cables, conduits, manholes and appurtenances. Tenant shall have access to such buildings and related appliances, facilities, buried cables, conduits, manholes and appurtenances only with prior notice to the Landlord. Tenant shall comply with Landlord's rules, regulations and policies. In the event Tenant needs emergency access to the Property, Tenant may notify the City of Eagan Police by phone, and such notice shall constitute compliance with this paragraph; otherwise, notice shall be given to the office of the Director of Public Works, located at 3830 Pilot Knob Rd, , Eagan, Minnesota. C. Landlord shall be allowed and granted access to the Property at all times to examine and inspect Tenant's buildings and related appliances, facilities, buried cables, conduits, manholes and appurtenances for safety reasons or to ensure that the Tenant's covenants are being met. Tenant's communications equipment is highly sensitive and any entry into Tenant's building or cabinets which could damage or interfere with it and must be controlled. Accordingly, Landlord shall not enter Tenant's building or cabinets (other than in an emergency) unless it has given Tenant twenty-four (24) hours' actual notice. In case of emergency, Landlord shall make reasonable efforts to notify Tenant prior to entering Tenant's building or cabinets. 8. Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Property and shall pay all costs associated therewith. 9. License Fees. Tenant shall pay, as they become due and payable, all fees, charges and expenses currently required for licenses and/or permits required for Tenant's use of the Property. 10. Compliance With Statutes Regulations and Approvals. It is understood that Tenant's use of the Property herein is contingent upon its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant's buildings and related appliances, facilities, buried cables, conduits, manholes and appurtenances shall be constructed, maintained and operated in accordance with site standards, state statutes, rules and regulations now in effect or that thereafter may be issued by governing bodies. 11. Termination. a. Events of Termination. Except as otherwise provided herein, this Lease may be terminated upon sixty (60) days' written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party, unless such default may not reasonably be cured within a 60-day period, in which case, this Lease may not be terminated if the defaulting party commences action to cure the default within such 60-day period, proceeds with due diligence to fully cure the default and thereafter cures the default. (ii) by Tenant immediately upon written notice to Landlord if Tenant, after having commenced operation on the Property, is unable to maintain any license, permit or other governmental approval necessary to continue the operation of the Tenant's business. (iii) by Landlord, upon two (2) year's prior written notice to Tenant, if the City Council decides, in its sole discretion and for any reason, to redevelop the property in a manner inconsistent with the continued use of the Property by Tenant and/or discontinue use of the Property for telephone switching station or reservoir purposes. (iv) by Landlord if it determines based on a recommendation of a structural engineer registered in the State of Minnesota that any reservoir located on the Property is structurally unsound, including but not limited to, consideration of age of the structure, damage or destruction of all or part of the Property or any reservoir, from any source, or in its sole discretion that the continued occupancy of the Property by Tenant is in fact a threat to health or safety. b. Notice of Termination. The parties shall give notice of termination in writing as provided in paragraph 20. Such notice shall be effective upon receipt as evidenced by the return receipt or such other date as stated in paragraph 20. All rentals paid for the Lease prior to said termination date shall be retained by Landlord. C. Upon termination of this Lease for any reason, Tenant shall remove its buildings, related appliances, facilities, buried cables, conduits, manholes and appurtenances from the Property within ninety (90) days of the date of termination, and shall repair any damage to the Property caused by such equipment or the removal thereof, normal wear and tear excepted; all at Tenant's sole cost and expense. Any such buildings, related appliances, facilities, buried cables, conduits, manholes and appurtenances which are not removed by the end of such ninety (90) day period shall become the property of the Landlord. Notwithstanding the foregoing, Tenant shall be liable for Rent during the time that any of Tenant's building(s), equipment or other improvements remain on the Property. d. Title to Tenant's buildings, related appliances, facilities, buried cables, conduits, manholes and appurtenances installed at and affixed to the Property by Tenant shall be and shall remain the property of Tenant, except as expressly set forth herein. Landlord hereby waives any lien rights it may have or acquire with respect to such property and shall promptly execute any document, required by a supplier, or lender of such property which waives any rights Landlord may have or acquire with respect thereto. Tenant may, at any time, including any time it vacates the Property, remove Tenant's improvements, equipment, fixtures, and all of Tenant's personal property from the Property. Tenant's removal of its personal property from the Property shall not relieve Tenant of its obligations to pay Rent hereunder. 12. Liquidated Damages; Early Termination. In the event Landlord terminates this Lease pursuant to paragraphs 11(a)(iii) or (iv) or Tenant terminates this Lease pursuant to paragraph I I(a)(i) such termination shall be effective without the payment by either party of any penalties or liquidated damages. In the event Landlord terminates this Lease pursuant to paragraph II(a)(i), or Tenant terminates this Lease pursuant to paragraph II(a)(ii), Tenant shall pay to Landlord liquidated damages equal to the sum of (a) the remaining unpaid monthly base Rent payments payable in the calendar year in which such termination is effective, plus (b) an amount equal to 120% of the annual base Rent payable in the calendar year in which such termination is effective; provided, however, that if the effective date of the termination occurs in the last calendar year of the then existing term, the liquidated damages shall equal the monthly base Rent for the remaining unexpired tern. 13. Interference. Tenant's installation, operation and maintenance of its buildings and facilities on the Property shall not damage or interfere in any way with Landlord's reservoir, if any, or any other operations of Landlord on the Property, including but not limited to any repair and maintenance activities. Tenant agrees to cease all such actions which materially interfere with Landlord's use of the Property, and any reservoir located thereon, immediately upon actual notice of such interference, provided, however, in such case, Tenant shall have the right to terminate this Lease upon 60 day's prior written notice to Landlord. Landlord, at all times during this Lease, reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter or improve the Property as may be necessary in Landlord's sole discretion. The Landlord agrees to give reasonable advance notice of any such activities to the Tenant and to reasonably cooperate with Tenant to carry out such activities with a minimum amount of interference with Tenant's operations. 14. Limitation of Landlord's Liability Early Termination. In the event the Landlord terminates or otherwise revokes this Lease, other than as provided in paragraphs 11(a)(i), (iii) or (iv) above, or Landlord causes interruption of the business of Tenant, Landlord's liability for damages to Tenant shall be limited to the actual costs of equipment removal and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant; provided, however, that this provision shall not prohibit an action by Tenant for specific performance of this Lease or other equitable or injunctive relief, so long as there is no monetary penalty or damage to Landlord. 15. Insurance. a. Tenant shall carry adequate insurance to protect the parties against any and all claims, demands, actions, judgments, expenses, and liabilities which may arise out of or result directly or indirectly from Tenant's use of the Property. Any applicable policy shall list the Landlord as an additional insured and shall provide that it will be the primary coverage. The insurance coverage must include, at least, Comprehensive General Liability Insurance Coverage, including premises/operation coverage, bodily injury, property damage, independent contractors liability, completed operations coverage, and contractual liability coverage in a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence, subject to One Million Dollars ($1,000,000.00) aggregate. Tenant may satisfy this requirement by underlying insurance plus an umbrella policy. Tenant shall also maintain the worker's compensation insurance required by law. b. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damages caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, and in the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. C. Tenant shall provide Landlord, prior to the Commencement Date and upon request by Landlord thereafter, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota, which includes all coverage required in paragraph 15(a) above. Said certificate shall also provide that the coverage may not be canceled, non-renewed, or materially reduced without thirty (30) days' written notice to Landlord. 16. Damaee or Destruction. If the Property or any portion thereof is destroyed or damaged so as to materially hinder the Tenant's effective use of the Property in the sole discretion of Tenant, and through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days' written notice to Landlord. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. Landlord shall have no liability for any damage to Tenant caused by another tenant of the Property and Tenant shall not be permitted to terminate this Lease. 17. Condemnation. In the event the whole of the Property is taken by eminent domain, this Lease shall terminate as of the date title to the Property vests in the condemning authority. In event a portion of the Property is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the award paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof; all damages, whether awarded as compensation for diminution in value of the leasehold or to fee title of the Property, shall belong to Landlord. Tenant shall have the right to claim and recover from the condemning authority any amounts recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its buildings, related appliances, facilities, buried cables, conduits, manholes and appurtenances. 18. Indemnification. Tenant agrees to indemnify, defend, and hold harmless Landlord and its elected officials, officers, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, fines, penalties, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by the Landlord or for which the Landlord may be liable, which arise from negligence, willful misconduct, or other fault of Tenant or its employees, agents, or subcontractors in the performance of this Lease or from the installation, operation, use, maintenance, repair, removal, or presence of Tenant's buildings and related appliances, facilities, buried cables, conduits, manholes and appurtenances on the Property, and specifically including the representations and warranties of paragraph 19 of this Lease, provided the same is not due to the negligence or willful misconduct of the Landlord. 19. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Property herein, will not generate, and Tenant will not store or dispose on the Property nor transport to or over the Property any hazardous substance. Tenant further agrees to hold Landlord harness from and indemnity Landlord against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the gross negligence or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous to toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 20. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or three (3) business days after deposit in the United Staets first class mail, postage prepaid, certified mail, return receipt requested, or one (1) business day after timely delivery to a nationally recognized overnight delivery service that routinely issues receipts, to the following addresses: If to Landlord, to: Attn.: City Clerk City of Eagan 3830 Pilot Knob Road Eagan, MN 55123 And Attn: Public Works Director City of Eagan 3830 Pilot Knob Road Eagan, MN 551223 With a copy to: Attn.: Michael G. Dougherty, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 If to Tenant, to: Qwest Corporation 1801 California Street,_ 46`h Floor Denver, CO 80202 Attn: Vice President of Real Estate with a copy at the same time and in the same manner to: Equis Corporation 8350 East Crescent Parkway, Suite 300 Greenwood Village CO 80111 Attn: Qwest Lease Administration Lease ID: MNRE0119A 21. Assignment. a. Tenant may not assign or sublet this Lease without the prior written consent of Landlord. Notwithstanding the provisions of this paragraph, Tenant may, with Landlord's consent, assign this Lease to any parent, subsidiary or affiliate of Tenant or any corporation into which Tenant may be merged or consolidated, to any partner of Tenant or to any partnership in which Tenant is a general partner, to any entity which obtains a security interest in a substantial portion of Tenant's assets or which purchases all or substantially all of the assets of Tenant, as long as Tenant remains obligated on the Lease. Landlord hereby consents to the assignment by Tenant of its rights under this Lease as collateral security to any entity which provides financing for the purchase of the equipment to be installed at the Property. Any approved sublease that is entered into by Tenant shall be subject to all of the provisions of this Lease. b. The parties acknowledge that this is a nonexclusive lease. Nothing in this Lease shall preclude Landlord from leasing other space for communications equipment or allowing access to the Property to any person or entity which may be in competition with Tenant, or any other party. 22. Successors and Assigns. This Lease shall run with the Property. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 23. Quiet Possession. Landlord covenants and warrants that it has full right and authority to enter in to this Lease for the full term hereof and that Tenant, upon paying the Rent and upon performing the covenants and agreements hereof to be kept and performed by Tenant, will have, hold and enjoy quiet possession of the Property and all rights, easements, appurtenances and privileges relating thereto. 24. Miscellaneous. a. Landlord and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. b. Landlord and Tenant each waive any and all rights to recover against the other for any loss or damage to such party arising from any cause to the extent covered by any property insurance required to be carried pursuant to this Lease. The parties will, from time to time, cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to all property insurance policies carried in connection with the Property or the contents of the Property. C. This Lease constitutes the entire agreement and understanding of' the parties and supersedes all offers, negotiations, and other agreements of any kind. There are not representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. d. This Lease shall be construed in accordance with the laws of the State of Minnesota and any action shall be venued in Dakota County. e. If any term of this Lease is found to be void or invalid, such invalidity shall not effect the remaining terms of this Lease, which shall continue in full force and effect. f Landlord and Tenant. each agree that they have been represented by counsel or have had the opportunity to be so represented and have participated in the drafting of this Lease. The parties hereto waive any rule of construction that would construe this Lease against the drafter. IN WITNESS WHEREOF, this Lease was executed as of the day and year first set forth above. LANDLORD: CITY OF EAGAN By: Its: Mayor By: Its: City Clerk TENANT: QWEST CORPORATION lp? k/ By: Its: Dftm - By: Its: STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this /q4- day of awtmir , 2005, before me a Not?T? Public within and for said County, personally appeared ' t c cr,, and 11IAQ',cL?' erS6,`, to me personally known, who being each by me duly sworn, ach did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. STATE OF b) v ) S5. COUNTY OF . , ?V- ) On this day of c ent. kpr and for said County, personally a peared LG1AR.y- L who being by me duly swom, did say that he/she is the Corporation, a Colorado corporation. pOTARY ''UBLIC =(IJ,UU i o ESOTA . 31, 2010 10?, before me a Notary Public within to me personally known, -ka-Q 4'J4-t pf Qwest My Commission Expires Nov. 22, 2008 THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley MN 55124 (952) 432-3136 (SAL 0206-04768) gsnr2-ead Laka-Fopo-9.%P b-Siva Feb SM Fx3 wPOW 8W = H Lb.u,b. Mhm 5%M Pone: 1fi35I1T Far. ]63511.1168 engineers wm ""''gym"' EXHIBIT A SHEET I OF 2 SHEETS Certificate of Survey for: OWEST CORPORATION Job Number: 61MM638 Location: City of Eagan, Dakota County, Minnesota See sheet 2 of 2 for legal descriptions SCALE: 1" _ TOWERVIEW ROAD NE CDR LOT 1 - N. LINE OF LOT 1 -° DRAINAGE AND UTILITY EASEMENT '90. LOT . M,U-.. LEGEND • -Denotes Monument Found P.O.B. FOR LEASE AREA oil 03 ?p 11.50 P.O.B. FOR 0j ,,voi NON-EXCLUSIVE IN?Q NI LICENSE AREJ A x d NWZ N 00 =J , 13.00 i 11.50 3 24.50 f m LEASE N I- AREA ao t 90. L t 24.50 90 I I 10 10 I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS STATE OF MINNEES A / / ENNI BOSCHETTI LIC. NO. 44488 DATE 4 - 24 - OG JOB NO.: 206.0382 SEC. 09, T. 27 N.. R. 23 W., 4TH PM. CO.: DAKOTA EXHIBIT _Ar- -- Bk=m -Drtllalua-Fatpo-W -Saga: Fafe SM Fast FWar Rwd S 300 W mpo0a. lm n 55421 PWne: 76M5 25W Fes: 763571.1100 a engineers N1eb -'*- EXHIBIT A SHEET I OF 2 SHEETS Certificate of Survey for: QWEST CORPORATION Job Number: 61MM638 Location: City of Eagan, Dakota County, Minnesota See sheet 2 of 2 for legal descriptions SCALE: 1" _ TOWERVIEW ROAD NE COR LOT 1 - N. LINE OF LOT 1 0 of DRAINAGE AND UTILITY EASEMENT o ? ?O - - - - - - - - - - - - - - - - - - - - 11.50 10 P.O.B. FOR I 90. 1nw N NON-EXCLUSIVE I??a 4n LICENSE AREJ xw N 11Z N LOT 1 I z= I 90. 1 ? 13.00 11.50 ?L ?r rM w? P.O.B. FOR 24.50 LEASE AREA p r O LEASE NI AREA rc l`:i.: ?.. L L.24.50 90. 10 • -Denotes Monument Found JOB NO.: 206.0382 SEC. 09, T. 27 N., R. 23 W., 4TH PM. CO.: DAKOTA I HEREBY CERTIFY THAT THIS SURVEY. PLAN. OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS F ESTATE OF MINNES EN NI BOSCHETTI LIC. NO. 44488 DATE 4 - 2¢ - OG ?_ r ffa -Dowd Isla- FWP- hempok- 9u Fah 52D1 Ex Wvm ROW SLAT fi Kuuxepms. Wmewta 55121 Plnne: 7635N1 D Faa: 76351.1166 engineers waD:'"''m°4- EXHIBIT A SHEET 2 OF 2 SHEETS Certificate of Survey for: Job Number: 61 MM638 Location: City of Eagan, OWEST CORPORATION Dakota County, Minnesota Description of Property. Lot 1, Block 1, UNISYS PARK, Dakota County, Minnesota. Description of Lease Area: A lease area for telecommunication purposes over, under and across the herein before described property, described as follows: Commencing at the northeast corner' of said Lot 1: thence westerly 38.50 feet along the north line of said Lot 1; thence southerly at right angles 39.50 feet to the point of beginning for the lease area to be described; thence westerly at right angles 11.50 feet; thence southerly at right angles 18.50 feet; thence easterly at right angles 24.50 feet; thence northerly at right angles 18.50 feet; thence westerly at right angles 13.00 feet to the point of beginning. Contains 453 square feet, more or less. Description of Non-Exclusive License Area: A non-exclusive license area for telecommunication purposes over, under and across the herein before described property, described as follows: Commencing at the northeast corner of said Lot 1; thence westerly 38.50 feet along the north line of said Lot 1; thence southerly at right angles 10.00 feet to the point of beginning for the non-exclusive license area to be described; thence continuing southerly along the lost described line 29.50 feet; thence westerly at right angles 11.50 feet; thence northerly of right angles 29.50 feet; thence easterly at right angles 11.50 feet to the point of beginning. Contains 339 square feet, more or less. JOB NO.: 206.0382 SEC. 09, T. 27 N., R. 23 W., 4TH PM. CO.: DAKOTA Bb=mk. Dlv tabs-FBW-Mnmapo -9=FeM rem Ea IOes R=d 9 006 wrinemp.b. Mmmeme 55421 Pho 763 571 2 50 0 I= 7635]4.1166 _ Jengineers web: --ftt- EXHIBIT A SHEET I OF 2 SHEETS Certificate of Survey for: OWEST CORPORATION Job Number: 61MM638 Location: City of Eagan, Dakota County, Minnesota See sheet 2 of 2 for legal descriptions SCALE: 1" _ TOWERVIEW ROAD NE CDR LOT 1 - N. LINE OF LOT 1 ° i ? - 38.50 - 0 0'1 9p DRAINAGE AND UTILITY EASEMENT 61 ------------------- - 11.50 7 ? W ---- 10 P.O.B. FOR 90. ww NON-EXCLUSIVE to ¢ o?oi LICENSE AREJ NWZ ? I I LOT I z _, 90. .,13.00 w ?: I P.O.B. FOR 24.50 LEASE AREA o ?'0 I? LEASE nl 1 • i• ? • . r. • ra i AREA mil\II• ? • 4i ,1 „M 9 L, 24.5 I I 90. I I I 10 I LEGEND • -Denotes Monument Found NO.: 206.0382 09, T. 27 N., R. 23 W., 4TH PM. DAKOTA I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS F ESTATE OF MINNES aENNI BOSCHETTI LIC. NO. 44488 DATE .4 -z4--o& F BWmm .Deem1 -Fa -L&.,o -M=Fab =1 Ee FN Reed 6.A = wnwapo 4, Wmeem 55121 Php : 1635n D F= 16391.1168 engineers Wei ' °e?m° EXHIBIT A SHEET 2 OF 2 SHEETS Certificate of Survey for: Job Number: 61MM638 Location: City of Eagan, QWEST CORPORATION Dakota County, Minnesota Description of Property. Lot 1, Block 1, UNISYS PARK, Dakota County, Minnesota. Descr11tion of Lease Area: A lease area for telecommunication purposes over, under and across the herein before described property, described as follows: Commencing at the northeast corner'of said Lot 1; thence westerly 38.50 feet along the north line of said Lot 1; thence southerly at right angles 39.50 feet to the point of beginning for the lease area to be described; thence westerly at right angles 11.50 feet; thence southerly at right angles 18.50 feet; thence easterly at right angles 24.50 feet; thence northerly at right angles 18.50 feet; thence westerly at right angles 13.00 feet to the point of beginning. Contains 453 square feet, more or less. Description of Non-Exclusive License Area: A non-exclusive license area for telecommunication purposes over, under and across the herein before described property, described as follows: Commencing at the northeast corner of said Lot 1; thence westerly 38.50 feet along the north line of said Lot 1; thence southerly at right angles 10.00 feet to the point of beginning for the non-exclusive license area to be described; thence continuing southerly along the last described line 29.50 feet; thence westerly at right angles 11.50 feet; thence northerly at right angles 29.50 feet; thence easterly at right angles 11.50 feet to the point of beginning. Contains 339 square feet, more or less. NO.: 206.0382 09. T. 27 N., R. DAKOTA 23 W., 4TH PM.