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3862 Bridgewater Dr - Conservation Easement 143f Receipt#: 105501 ABSTRACT FEE ATT COPY Return to: CITY OF EAGAN 3830 PILOT KNOB ROAD MUNICIPAL CENTER EAGAN, MN 55122 WITNES SETH: $46.00 $2.00 CONSERVATION EASEME?3OP DEL D THIS CONSERVATION EASEMENT ( "Easement ") is made this It-May of j tcst&- 2009, between CHARLES F. HALL, SR. and JUNE G. HALL, husband and wife (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 2, Block 1, THE OAKS OF BRIDGEWATER 3RD ADDITION, according to the recorded plat thereof, Dakota County, Minnesota lying southerly and easterly of the following described line: Commencing at the southeast corner of said Lot 2; thence North 5 degrees 47 minutes 47 seconds East, along the east line of said Lot 2, a distance of 140.25 feet to the beginning of line to be described; thence North 51 degrees 57 minutes 40 seconds West a distance of 21.13 feet; thence South 89 degrees 29 minutes 48 seconds West a distance of 68.78 feet; thence South 81 degrees 43 minutes 36 seconds West a distance of 58.60 feet; thence South 63 degrees 01 minute 39 seconds West a distance of 42.35 feet; thence South 33 degrees 25 minutes 27 seconds West a distance of 58.51 feet; thence South 49 degrees 21 minutes 27 seconds West a distance of 25.75 feet; thence South 25 degrees 39 minutes 26 seconds West a distance of 32.04 feet; thence South 21 degrees 44 minutes 30 2743096 111 11 11 11 11 Recorded on 7/28 2010 09:00:14AM By DDW, Deputy Joel T. Beckman County Recorder Dakota County, MN seconds East a distance of 69.30 feet to the southerly line of said Lot 2 and there said line terminates. 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' property 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 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. CHARLES F. HALL, SR. STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this / day ofikVAW 2009, by CHARLES F. HALL, SR. and JUNE G. HALL, husband and wife. APPROVED AS TO FORM: City Attorney's Office Dated: 1 2-(210I APPROVED AS TO CONTENT: Public Works Department Dated: I - -01 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. 1198) - � llf l - / /•� ✓lllll�llll�llllr, - GREGORY L. GENTZ NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 Q Illllll✓1,/ll -/.may Q 1 S Conservation Easement Sketch for: JUNE G. HALL on Lot 2, Block 1, THE OAKS OF BRIDGEWATER 3RD ADDITION I Scale: 1 inch = 80 feet N 6 So o"' So of L ot D CONSERVATION EASEMENT That port of Lot 2, Block 1, THE OAKS OF BRIDGEWATER 3RD ADDITION, according to the recorded plot thereof, Dakota County, Minnesota lying southerly and easterly of the following described line: Commencing at the southeast corner of said Lot 2; thence North 5 degrees 47 minutes 47 seconds East, along the east line of said Lot 2, a distance of 140.25 feet to the beginning of line to be described; thence North 51 degrees 57 minutes 40 seconds West o distance of 21.13 feet; thence South 89 degrees 29 minutes 48 seconds West a distance of 68.78 feet; thence South 87 degrees 43 minutes 36 seconds West a distance of 58.60 feet; thence South 63 degrees 07 minute 39 seconds West a distance of 42.35 feet; thence South 33 degrees 25 minutes 27 seconds West o distance of 58.51 feet; thence South 49 degrees 21 minutes 27 seconds West a distance of 25.75 feet; thence South 25 degrees 39 minutes 26 seconds West a distance of 32.04 feet; thence South 21 degrees 44 minutes 3D seconds East a distance of 69.30 feet to the southerly line of said Lot 2 and there said line terminates. .6' o o 0' ; • Southeast corner of Lot 2 a Rehder and Associates, Inc. CIVIL ENGINEERS AND LAND SURVEYORS 3440 Federal Drive • Suite 110 • Eagan. Minnesolo • Phone (651) 452 -5051 EXHIBIT