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3854 Bridgewater Dr - Conservation Easement3 e5.47 1 Cr1 ,a/Z. WITNES SETH: Receipt#: 105501 ABSTRACT FEE ATT COPY Return to: CITY OF EAGAN 3830 PILOT KNOB ROAD MUNICIPAL CENTER EAGAN, MN 55122 $46.00 $2.00 CONSERVATION EASEMENEOPY [� THIS CONSERVATION EASEMENT ( "Easement ") is made this (3 day of 2009, between CARY D. OLSON and KERI R. OLSON, Trustees of the Olson Family Trust (hereinafter referred to as "Landowners "), and 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 property, situated within Dakota County, Minnesota, to- wit: That part of Lot 5, Block 1, THE OAKS OF BRIDGEWATER 3RD ADDITION, according to the recorded plat thereof, Dakota County, Minnesota lying westerly of the following described line: Commencing at the southwest corner of said Lot 5; thence North 62 degrees 29 minutes 33 seconds East, along the south line of said Lot 5, a distance of 56.67 feet to the beginning of line to be described; thence North 7 degrees 46 minutes 55 seconds West a distance of 38.06 feet; thence North 25 degrees 00 minutes 48 seconds West a distance of 75.03 feet; thence North 48 degrees 13 minutes 00 seconds West a distance of 10.69 feet to a point on the west line of said Lot 5 distant 124.33 feet north of the southwest corner thereof and there said line terminates. <,Le cl( 2743093 Recorded on 7/28 2010 09:00:11AM By: DDW, Deputy Joel T. Beckman County Recorder Dakota County, MN & See also Exhibit "A" attached hereto and incorporated herein (the "Easement Area "). 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 Area 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 Area 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 Area except as specifically provided herein provided that the City may enter upon the Easement Area for inspections to ensure compliance with the terms of this Easement. 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 Area 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 property 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. CARY D. LSO , as Trustee of the Olson Family Trust KERI R. OLSON, as Trustee of the Olson Family Trust STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,hlEie 2009, by CARY D. OLSON and KERI R. OLSON, Trustees of the Olson Family Trust. APPROVED AS TO FORM: City Attorney's Office Dated: I z- (8/05 APPROVED AS TO CONTENT: Pubic Works Department Dated: 1 2 - 7 6 : 7 - 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 - 29582) (Easement No. 1204) GREGORY L. GENTZ ti p NOTARY PUBLIC - MINNESOTA le My Commission Expires Jan. 31, 2010 • 00 0 -J • • Conservation Easement Sketch for: JUNE G. HALL on Lot 5, Block 1, THE OAKS OF BRIDGEWATER 3RD ADDITION 0 ' 630° 11=181.23 2 3 R 1971 Conservation Easement ___Southwest corner of Lot 5 } 1 Scale: 1 inch = 60 feet h k o ob = CONSERVATION EASEMENT That port of Lot 5, Block 1, THE OAKS OF BRIDGEWATER 3RD ADDITION, according to the recorded plot thereof, Dakota County, Minnesota lying westerly of the following described line: Commencing at the southwest corner of said Lot 5; thence � � North 62 degrees 29 minutes 33 seconds East, along the south line of said Lot 5, a distance of 56.67 feet to the beginning of line to be described; thence North 7 degrees 46 minutes 55 seconds West o distance of 38.06 feet; thence North 25 degrees 00 minutes 48 seconds West a 'bO distance of 75.03 feet; thence North 48 degrees 13 •-- minutes 00 seconds West a distance of 10.69 feet to o BO point on the west line of said Lot 5 distant 124.33 feet north of the southwest corner thereof and there said line terminates. \ro Rehder and Associates, Inc. a CIVIL ENGINEERS AND LAND SURVEYORS 3440 Federoi Drive • Suite tI • Eagan, Minnesoto • Phone (651) 452-5051 EXHIBIT