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3380 Hwy 149 - Drainage & Utility EasementWITNES SETH: Receipt#: 89242 TORRENS FEE $46.00 Return to: SEVERSON SHELDON DOUGHERTY ETAL 7300 WEST 147TH STREET STE 600 APPLE VALLEY, MN 55124 e T659664 Recorded on: 3/26/2010 09:00:09AM By RMS, Deputy Certificate #: 081673 Joel T. Beckman Registrar of Title Dakota County, MN DRAINAGE AND UTILITY EASEMENT g Utility /5 day of T 1 Z This Drainage and Utili Easement is made this , 2006, between Gopher Smelting & Refining Company, a Minnesota corporation, hereinafter referred to as "Landowner" and the City of Eagan, a Minnesota municipal corporation, organized under the laws of the State of Minnesota, hereinafter referred to as the "City". That the Landowner, 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, does hereby grant and convey unto the City, its successors and assigns, forever, a permanent road, drainage and utility easement, together with a temporary construction easement, over, across and under the following described premises, situated within Dakota County, Minnesota, to -wit: See RIGHT OF WAY PARCEL LAYOUT exhibit attached hereto and incorporated herein. The grant of the foregoing permanent easement for road right -of -way purposes includes the right of the City, its contractors, agents and servants to construct, reconstruct, inspect, repair and maintain a roadway and erect and maintain signs in conjunction with the public's use of said roadway and appurtenances and any signs erected in conjunction with the use of the roadway and appurtenances. The grant of the foregoing permanent easement for drainage and utility 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. The grant of the foregoing temporary construction easement for site grading purposes includes the right of the City, its contractors, agents and servants to enter upon the premises at all reasonable times to construct, reconstruct and inspect site grading 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, subject only to permanent easement alterations. Said temporary easement shall expire on June 1, 2009. The City shall have the right to assign this Agreement to the Minnesota Department of Transportation and others, together with the rights accruing herein, and the easement and right - of -way granted herein, in whole or in part, subject always to the terms hereof. The Landowner, his heirs and assigns, does covenant with the City, its successors and assigns, that he is the fee owner of the premises aforesaid and has good right to grant and convey the easement herein to the City. IN TESTIMONY WHEREOF, the Landowner has caused this easement to be executed as of the day and year first above written. STATE OF MINNESOTA COUNTY OF `)- rsY APPROVE ® D AS TO FORM: A • ) City Attorney's Office Dated: 2-4 21064 - APPROVED AS TO CONTENT: Public Works Department Dated: /Z — f/ 6 ) ss. Gopher Smelting & Refining Company The foregoing instrument was acknowled ed before me this d S� 2006, by Ke.viJv M 4rp , the of Gopher Smelting & Refining Company , a Minnesota corporation, on behalf of said corporation. .a 9. vim_ NOTARY PUBLIC My commission expires: LP THIS INSTRUMENT WAS DRAFTED BY: PROSOURCE TECHNOLOGIES, INC. 9219 East River Road, Minneapolis MN 55433, (763) 786 -1445, Easement No. EAG -45. day of d)ec W. Z ord Date 3/15/2006 Sheet 1 of 3 QDONT OF WAY PARCEL Li YOU S.P. 1916 -25 COUNTY DAKOTA OWNER GOPHER SMELTING & REFINING ADDRESS 3380 HIGHWAY 149 S. EAGAN, MN 55121 Bonestroo Rosene IFIE Ander l i k & Associates PARCEL NO. EAG -45 Scale 1" = 100 ft. A Easement for Drainage and Utility purposes, over, under and across Outlot E, Gopher Eagan Industrial Park 2nd Addition, a plat on file and of record in the office of the County Recorder, Dakota County, Minnesota. Said Easement being described as follows; Commencing at the Northeast Corner of said Outlot E; thence along the East Line of said Outlot E, being also the westerly Right of Way Line of State Trunk Highway No. 149, being a curve, concave to the southwest, whose elements are: central angle of 00 degrees 31 minutes 08 seconds, radius of 5680.63 feet, arc length of 51.46 feet and a chord that bears South 13 degrees 38 minutes 45 seconds East, a chord distance of 51.46 feet to the Point of Beginning of said Easement herein described; thence North 89 degrees 58 minutes 18 seconds West, a distance of 102.16 feet; thence South 00 degrees 01 minutes 42 seconds West, a distance of 117.63 feet; thence South 27 degrees 50 minutes 49 seconds East, a distance of 220.11 feet; thence North 76 degrees 25 minutes 46 seconds East, a distance of 72.56 feet to said East Line of Outlot E, being also in the westerly Right of Way Line of State Trunk Highway No. 149; thence along said East Line and said Right of Way Line, North 13 degrees 34 minutes 14 seconds West, a distance of 280.54 feet; thence continuing along said East Line and said Right of Way Line, being a curve, concave to the southwest, whose elements are: central angle of 00 degrees 13 minutes 54 seconds, radius of 5680.63 feet, arc length of 23.08 feet and a chord that bears North 13 degrees 16 minutes 13 seconds West, a chord distance of 23.08 feet to the Point of Beginning. Containing 32,848 sq. ft. or 0.7540 acres of land. A Temporary Easement for Construction purposes, over, under and across Outlot E, Gopher Eagan Industrial Park 2nd Addition, a plat on file and of record in the office of the County Recorder, Dakota County, Minnesota. Said Easement being described as follows; Beginning at the Northeast Corner of said Outlot E; thence along the East Line of said Outlot E, being also the westerly Right of Way Line of State Trunk Highway No. 149, being a curve, concave to the southwest, whose elements are: central angle of 00 degrees 43 minutes 21 seconds, radius of 5680.63 feet, arc length of 71.65 feet and a chord that bears South 13 degrees 32 minutes 38 seconds East, a chord distance of 71.64 feet; thence North 70 degrees 24 minutes 52 seconds West, a distance of 47.65 feet; thence along a curve, concave to the southwest, whose elements are: central angle of 00 degrees 33 minutes 41 seconds, radius of 5612.16 feet, arc length of 55.00 feet and a chord that bears North 12 degrees 28 minutes 58 seconds West, a chord distance of 55.00 feet to the North Line of said Outlot E; thence along said North Line, South 89 degrees 58 minutes 18 East, a distance of 40.00 feet to the Point of Beginning. Containing 2,506 sq. ft. or 0.0575 acres of land. K I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA PRINT NAME- __PFTFR,M. WAGENAAR SIGNATURE: .x ' DATE 3/15/7006 LIC. NO 17282 CURVE LENGHT RADIUS DELTA CHORD CHORD BEARING LENGTH C1 51.46' 5680.63 0'31'08" 51.46' S13'38'45 "E C2 23.08' 5680.63 013'54" 2z 08' L J. V V � N13'16'1z "\.� 1 J V I J I I Sheet 2 of 3 MONT OF WAY PARCEL LAY©M' S.P. 1916 -25 COUNTY OWNER GOPHER SMELTING & REFINING ADDRESS 3385 HIGHWAY 149 S. EAGAN, MN 55121 LEGEND DRAINAGE /UTIL. EASEMENT K:\49\4904129 \Cad\Ogn\nesIgn\ROw\Parcels\Parcels_west.dgn DAKOTA POINT OF COMMENCEMENT - -IHI \-t-i POIN T\ OF BEGINt'I ; 0 Bcnestroo Rosene in Anderlik 8 Associates PARCEL NO. EAG -45 Scale 1" = 100 ft. I CURVE LENGHT RADIUS • \ DELTA \\ ,\ CHORD LENGTH • . \\ 11 CHORD BEARING C1 55.00' 5612.16 0'33'41" 55.00' N12'28'58 "W S13'32'38 "E C2 71.65' 5680.63 0'43'21" 71.64' Date 3/15/2006 Sheet 3 of 3 S.P. 1916 -25 COUNTY DAKOTA OWNER GOPHER SMELTING & REFINING ADDRESS 3385 HIGHWAY 149 S. EAGAN, MN 55121 S89'58'18 "E 40.00' / "O• • O 24 ' , 2 '1'4 ? LEGEND TEMPORARY CONSTRUCTION EASEMENT K; \49\ 4904129 \Cod\Dgn \FDes Ign \ROW \Parcels \Parcels_ west. dgn HOOHT OF WAY PARCEL LAYOUT �.� POINT OF BEGINNING / TEMPORARY EASEMENT 1.3 1. 0 Bonestroo 0 Rosene in Anderlik & Associates PARCEL NO. EAG -45 Scale 1" = 100 ft. r �� C \ \