3045 Holiday Lane - Road, Drainage & Utility EasementDakota MN 2721395 Page 1 of 5
*on the permanent easement
WITNESSETH•
Receipt#: 89242
ABSTRACT FEE $46 00
ROOM to
EMI= SHELDON OOUGHORTY LTM
7300 WEST 147TH STREET
STE 600
APPLE VALLEY. MN 15124
3o t/5 Ao 11'da Lo r 2
2721395
Recorded on: 3/20/1010 09:00:0TAM
By RMS, Deputy
Joct T Beckman County Recorder
Dakota County. MN
ROAD, DRAINAGE AND UTILITY EASEMENT
This Road, Drainage and Utility Easement is made this w day of F Awy ,
20W, between Archland Property I, LLC, a Delaware limited liability company, 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, ferever, 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 nght -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,provided any such signs do not impair the visibility of Landowner's signs or
business on the premises.
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 nght of the City, its contractors, agents and servants to enter upon the premises at all
seasonable times to construct, reconstruct and inspect site grading and the further nght to remove
AG..
Dakota MN 2721395 Page 2 of 5
*on the permanent easement.
trees, brush, undergrowth and other obstructions* After completion of such construction,
maintenance, repair or removal, the City shall restore the premises to the condition m which it
was found pnor 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 m part, subject always to the terms hereof
The Landowner, his !AVM 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
See Addendum attached hereto
IN TESTIMONY WHEREOF, the Landowner has ca ed this easement to be executed
as of the day and year first above written.
APPROVED AS TO FORM
q
City Attorney's Office
Dated e Pia
APPROVED AS TO CO ENT
1---
Public Works Department
Dated 3-g - 07
i to
THIS INSTRUMENT WAS DRAFTED BY PROSOURCE TECHNOLOGIES, INC
9219 East Rivet Road, Minneapolis MN 55433, (763) 786 -1445, Easement No EAG -53
Ar c hi an d
IdlikKAA
By: ,�
Its: Se re /qry
STATE OF MIZSOT7r )
) ss.
COUNTY OF / )
The foregoing instrument was acknowledged before me this 6 ` day of
I11e f , 2006, by »AVI�b M. iJD J , the S fete ,a.�j of Archland
Property I, LC, a Delaware limited liability c • ny, on beha of. id mpany
P 4 OAVia RODEZ
OTARY PUBLI y York
QuaNied in Commission Expires J 2 0t6
My commission expires:
C
Dakota MN 2721395 Page 3 of 5
ADDENDUM TO ROAD, DRAINAGE AND UTILITY EASEMENT
1) City will perform all of its work in a good and workmanlike manner. City will not
perform any construction work between the hours of 11:00 a.m. to 2:00 p.m.
2) City will give written notice to Landowner at least 10 days before beginning any work
in the easement area, which notice will specify the work to be performed and a date
when the work will be completed.
3) Unless otherwise agreed in writing, immediately after City completes any work in the
easement areas, City will restore the easement areas to the same or better
condition as they were in before City began the work and to a safe condition, and
will remove all of its equipment, tools, trash and debris from the easement areas.
4) Unless otherwise agreed in writing, City will not move, remove or demolish any of
Landowner's signs, access drives, curbing or other improvements located with in
the easement areas.
5) City will separate by cones or other appropriate construction safety barriers ( "cone
off") the easement areas while City performs any work in the easement areas.
6) City will perform all work in such a manner so as to not unduly disrupt the operation
of the McDonald's restaurant on Landowner's property. City will "cone off" no more
than 4 parking stalls at any one time, and will not "cone off' or block in any manner
more than half of any access drive at any time, allowing at least one lane open at all
times in each access drive for vehicular traffic.
7) City will not park on or store any construction vehicles, equipment or materials
within the easement areas or on Landowner's other property.
8) If any damage occurs to Landowner's property or any improvements thereon arising
out of, related to, or as a consequence of any of City's work in the easement areas,
Landowner promptly will notify City in writing of the damage. Unless otherwise
agreed by the parties, City will repair the damage (or commence and diligently
pursue repairing the damage) within 30 days after receipt of Landowner's notice.
Document it 366934 -v1
• 1 .
Dakota MN 2721395 Page 4 of 5
Dote 3/15/2006
Sheet 1 of 2
RIGHT OF WAY PARCEL LAYOUT
S.P. 1916 -25 COUNTY DAKOTA
OWNER MCDONALDS CORPORATION. D. MURRAY - NORRIS
ADDRESS 3045 HOLIDAY LN. EAGAN. MN 55121
iii Banestroo
Rosene
Anderlik &
Associates
PARCEL NO. EAG-53
Scale 1" = 50 ft.
A Permanent Easement for Roadway, Drainage and Utility purposes, over, under and across Lot 4, Block 1,
Oakview Center, 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 most Southerly Corner of said Lot 4; thence along the South Line of said Lot 4, North 65
degrees 52 minutes 20 seconds West, assumed bearing, a distance of 5.00 feet, thence North 23 degrees
07 minutes 40 seconds East, a distance of 118 77 feet; thence North 35 degrees 07 minutes 31 seconds
East, a distance of 43.29 feet; thence North 23 degrees 07 minutes 40 seconds East, a distance of 99.73
feet; thence South 62 degrees 34 minutes 32 seconds East, a distance of 10.00 feet to the southeasterly line
of said Lot 4, being also in the northwesterly Right of Way Line of Holiday Lane, thence along said
southeasterly line and said Right of Way Line, South 23 degrees 07 minutes 40 seconds West, a distance of
98.98 feet thence continuing along said southeasterly line, South 41 degrees 25 minutes 14 seconds West,
a distance of 44.60 feet; thence continuing along said southeasterly line, South 23 degrees 07 minutes 40
seconds West, a distance of 118.78 feet to the Point of Beginning.
Containing 1,905 sq. ft. or 0 0437 acres of land.
Containing 4,337 sq. ft. or 0.0996 acres of land.
KIN dpn
A Temporary Easement for Construction purposes, over, under and across Lot 4, Block 1, Oakview Center, 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 most Southerly Comer of said Lot 4, thence along the South Line of said Lot 4, North 65
degrees 52 minutes 20 seconds West, assumed bearing, a distance of 5.00 feet to the Point of Beginning;
thence North 23 degrees 07 minutes 40 seconds East, a distance of 118.77 feet; thence North 35 degrees 07
minutes 31 seconds East, a distance of 43.29 feet, thence North 23 degrees 07 minutes 40 seconds East, a
distance of 99.73 feet; thence North 62 degrees 34 minutes 32 seconds West, a distance of 44.12 feet;
thence South 23 degrees 07 minutes 40 seconds West, a distance of 25.07 feet thence South 62 degrees
34 minutes 32 seconds East, a distance of 25.07 feet; thence South 23 degrees 07 minutes 40 seconds West,
a distance of 237.21 feet to said South Line of Lot 4; thence along said South Line, South 66 degrees 52
minutes 20 seconds East, a distance of 15.00 feet to the Point of Beginning.
1 HEREBY CERTIFY THAT THIS PLAN. SPECIFICATION. OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION
AND THAT 1 AM A DULY LICENSED PROFESSIONAL LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA
PRINT NAME 3FTFi. M. WAGFNAAR
ti fi
SIGNATURE �� --� •J� J ++A� -.�
DATE 3/ 15 /2OOfi LIC NO 1 2782
Dakota MN 2721395 Page 5 of 5
Dote 5/12/2006
Sheet 2 of 2
ROONT OF
S.P. 1916 -25 COUNTY DAKOTA
OWNER MCDONALDS CORPORATION D. MURRAY - NORRIS
ADDRESS 3045 HOLIDAY LN. EAGAN. MN 55121
AY PARCEL LAYOUT
Banestroo
Rosen
Anderllk &
Assoc101es
PARCEL NO. EAG -53
Scale 1" = 50 ft.
A NORTH LINE
- - OF LOT 4
LEGEND
TEMPORARY CONSTRUCTION EASEMENT
gm ROADWAY/DRAINAGE/UM. ESMT
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L2' N35 °07' 31"E 43.29'
L3. 562 °34'32 "E 10.00'
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N23'07'40 "E
25 07'
N66'52'20 "W 15 00'
POINT OF
BEGINNING
N62'34 32 W ~ ' .
25 07
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