945 Chloe Lane - Conservation EasementO
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RECEIVED
MAY 0 6 2003
DAKOTA COUNTY
TREASURER - AUDITOR
501444
CONSERVATION EASEMENT
IN CONNECTION WITH EAGAN CITY PROJECT NO. 02-Q
WITNES SETH:
Commencing at the southeast corner of said Lot 2; thence on an
assumed bearing of North 89 degrees 12 minutes 50 se.,onds
West, along the south line of said Lot 2, a distance of 65. feet;
thence North 00 degrees 15 minutes 06 seconds East, e . distance
of 100.00 feet; thence North 58 degrees 21 minutes 10 seconds
West, a distance of 190.13 feet to the northerly line of said Lot 2
and there terminatin.
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THIS EASEMENT, made this day of , 200 between COLE4 THORPE and
CYNTHIA WEBBER THORPE, husband and wife, (hereinafter referred to as "Landowners ")
and the City of Eagan, a municipal corporation, organized under the laws of the State of
Minnesota (hereinafter referred to as the "City ").
That the Landowners, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do
hereby grant and convey unto the City, its successors and assigns, a permanent conservation
easement for the purpose of preserving and protecting the natural character of the easement area,
over and across the following described premises, situated within Dakota County, Minnesota, to-
wit:
Lot 2, Block 1, THORPE WOODLAND GARDENS, according to the recorded
plat thereof on file in the office of the Registrar of Titles, Dakota County,
Minnesota, which lies easterly and northeasterly of the following described line:
The Landowners, for themselves and their heirs and assigns, covenant and agree that
they shall not themselves perform nor shall they give permission to any third party to perform
any of the following activities within the easement area, without the prior written consent of the
City:
A. Constructing, installing, storing or maintaining anything made by man,
including but not limited to, buildings, structures, fences, walkways,
clothes line poles and playground equipment;
B. Parking of vehicles
C. Planting of gardens;
D. Storage of firewood; or
E. Clear- cutting or removal of native vegetation or trees.
The Landowners, for themselves and their heirs and assigns, further covenant and agree
that the general topography of the easement area shall be continued in its present condition and
no excavation or change in the topography shall be allowed, save and except as may be required
by any federal, state or local government agency, other than the Landowners, which have
jurisdiction over the easement premises or as authorized by the City, in writing, as the City shall,
in its sole discretion decide is appropriate; that no cutting or harvesting of any live tree or other
live vegetative cover shall be permitted except as may be required by any federal, state or local
government agency, other than Landowners, which have jurisdiction over the easement premises
or as authorized by the City, in writing, as the City shall, in its sole discretion, decide is
appropriate.
The easement granted herein does not entitle the City to use or occupy the surface of the
easement except as specifically provided herein. This easement shall be effective upon
Landowners' execution and shall continue in force in perpetuity.
Landowners reserve the right to occupy and use the property and easement for all
purposes not inconsistent or interfering with the restrictions set forth herein. The easement
granted hereunder and the covenants contained herein shall run with the land and shall be binding
onto the parties hereto and their heirs, successors and assigns.
And the Landowners, their heirs and assigns, do covenant with the City, its successors
and assigns, that they are the Landowners of the premises aforesaid and have good right to grant
and convey the easement herein to the City.
IN TESTIMONY WHEREOF, the Landowners have caused this easement to be
executed as of the day and year first above written.
Colin Thorpe
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
T e foregoing instrument was acknowledged before me this f day of
, 2003, by Colin Thorpe and Cynthia Webber Thorpe, husband and wife.
APPROVED AS TO FORM:
City Attorney's Office
Dated: c-lfril o 3
APPROVED AS TO CONTENT:
Pu c Works Department
Dated: d{- / 5 0 3
cie-A
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(952) 432 -3136
(RBB: 206-20223/Easement No. 917)
ublic
JUDITH MARY KROLL
Notary Public
Minnesota
nirnission Expires Jan. 31, 2005