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3670 Dodd Rd - Trail, Drainage & EasementReceipt#: 95278 TORRENS FEE WITNESSETH: Containing 4,237 sq. ft. or 0.0973 acres of land. $46.00 See also Exhibit "A" attached hereto and incorporated herein. T661742 Recorded on: 5/11/2010 12:00:01 PM By: LAS, Deputy Certificate #: 116072 Return to: SEVERSON SHELDON DOUGHERTY ETAL 7300 WEST 147TH STREET STE 600 Joel T. Beckman Registrar of Title APPLE VALLEY, MN 55124 Dakota County. 1VIN TRAIL, DRAINAGE AND UTILITY EASEMENT o This Trail, Drainage and Utility Easement is made this L day of MTR:L 2010, between Hurley Property Management, L.L.P., a Minnesota 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 "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 trail, drainage and utility easement, over, under and across that part of Lot 2, Block 1, Yorkton Industrial Park South, 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 Southwest Corner of said Lot 2, thence along the South line of said Lot 2, North 59 degrees 04 minutes 15 seconds East, a distance of 15.00 feet; thence along a curve, concave to the Northeast, whose elements are: central angles of 02 degrees 12 minutes 02 seconds, radius of 5658.51 feet, arc length of 217.32 feet and a chord that bears North 29 degrees 38 minutes 18 seconds West, a chord distance of 217.31 feet; thence South 61 degrees 27 minutes 43 seconds West, a distance of 2.50 feet; thence along a curve, concave to the Northeast, whose elements are: central angles of 00 degrees 47 minutes 06 seconds, radius of 5661.01 feet, arc length of 77.56 feet and a chord that bears North 28 degrees 08 minutes 44 seconds West, a chord distance of 77.56 feet to the North Line of said Lot 2; thence along said North Line, South 63 degrees 40 minutes 13 seconds West, a distance of 12.50 feet to the Northwest Corner of said Lot 2, being also in the Northeasterly Right of Way Line of State Trunk Highway No. 149; thence along said Right of Way Line, being a curve, concave to the Northeast, whose elements are: central angles of 02 degrees 59 minutes 21 seconds, radius of 5673.51 feet, arc length of 295.98 feet and a chord that bears South 29 degrees 14 minutes 40 seconds East, a chord distance of 295.98 feet to the Point of Beginning. The grant of the foregoing permanent easement for sidewalk and trail purposes includes the right of the City, its contractors, agents and servants to construct, reconstruct, inspect, repair and maintain a sidewalk and /or trail and erect and maintain signs in conjunction with the public's use of said sidewalk and /or trail and any signs erected in conjunction with the use of the sidewalk and /or trail. 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 Cit 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 City shall have the right to assign this Agreement to the Minnesota Department of Transportation and other, 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, its successors and assigns, does covenant with the City, its successors and assigns, that it is the fee owner of the lands and 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 ) )ss. COUNTY OF {it1'hi fl '1 ) k E BECCA LYNN MENGES NOTARY PUBLIC MINNESOTA My Commission Expires Jan 31 2013 HURLEY PROPERTY MANAGEMENT, L.L.P., a Minnesota limited liability company B 2 The foregoing instrument was acknowledged before me th � / , 2010, by Ja K L. Huf Pn eraL P r - fi 7 x- of HURLEY PROPERTY L.L.P., a Minnesota limited liability company, on behalf of said company. Notary Public is day of , the MANAGEMENT, APPROVED AS TO FORM: City Attorney's Office Dated: .71 1 APPROVED AS TO CONTENT: Public Works Department Dated: 5.9 -/ THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147 Street, Suite 600 Apple Valley, MN 55124 (RBB: 206 -16898 /Easement 1125/EAG -32) 3 Dote 3/15/2006 R Rosene Ander I ik OWNER HURLEY PROPERTY MCMT. PARCEL NO. EAC-32 245_5 HAMPSHIRE CT. MENPOTA_HEICHTS, MN 55120 Scale 1" = 50 ft ADDRESS 2 N „ r : ,,,.• • 1 ..- : ...- , ....• . • • , . \ .. •••.•-• , . . L CURVE L LENGHT R RADIUS D DELTA C CHORD C CHORD BEARING Cl 2 217 32' 5 5658.51 2 212'02" . .212.31' N N2 18 W C9 7 77 56' 5 5661.01 0 0'4706 7 C3 2 295.98' 5 5673.51 2 259'21" 2 Ca. 7 793.57' 5 5643.51 2 25850" 7 793.54' S 8 C 5 \ y0 /, , = ■ , .. . 2 LEGEND • • ; TEMPORARY EASEMENT [7:7, TEMPORARY CONSTRUCTION EASEMENT " " P POINT OF BEGINNING , 11 k POINT OF COMMENCEMENT \ . ...... _ ... .___ ..__... _. _ . _ 49¼49O4 n . • EXHIBIT t , e or Z 0