3544 Wescott Woodlands - Easement for ROW LtrSTATE OF MINNESOTA
DAKOTA COUNTY
AN OPTION FOR
GRANT OF PERMISSIVE EASEMENT FOR RIGHT OF WAY
FOR AND IN CONSIDERATION of the sum of One Dollar, in hand paid, and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Carol
M. and Donald E. Hesse, husband and wife, (collectively "Grantor "), being the owners of the
property commonly known as 3536 Wescott Woodlands, PIN 10- 83700 - 038 -03, and legally
described as:
Lot 3, Block 3, Wescott Garden Lots, Dakota County, State of Minnesota,
according to the recorded plats. Except the south 300 feet thereof, also except the
east 225 feet thereof. Being registered land as evidenced by Certificate of Title
No. 107377.
hereby grant to Dwight and Lynn Vinge, husband and wife (collectively "Grantee "), its
successors and assigns, an option ( "Option ") to convey unto the City of Eagan ( "City "), its
assigns and successors, a permanent easement ( "Easement ") for the construction and
maintenance of a public right of way in, under, upon, about, out and through the property
described on the attached Exhibit "A ", hereto and incorporated herein by reference ( "Property ")
together with the right to grade, level, fill, drain, pave and excavate the easement Property, and
the further right to remove trees, bushes, undergrowth and other obstructions interfering with the
location, construction and maintenance of said public right of way.
1. Grant. The Easement granted pursuant to the Option hereby shall provide ingress and
egress on, from, upon and over the Property described to provide access to property
owned by Grantee.
2. This Option shall be binding upon and inure to the benefit of the parties' successors and
assigns, heirs, beneficiaries and personal representatives.
3. Grantee shall indemnify and hold Grantor harmless for all claims for injuries and
damages caused by the use of said right -of -way by Grantee.
4. Amendment of Option. This Option shall be amended only by a written and recorded
instrument signed by the Grantor and Grantee or the then current owner of the Property
3544 (4 ccs, -r-
WO L.AtiD
and the Option.
5. Amendment of Easement. The Easement, once executed, shall be amended only by a
written and recorded instrument signed by the Grantor, Grantee, or the then current
owners of the Property and the Easement and the City.
6. Governing. This Option shall be governed by and construed and enforced in accordance
with the laws of the State of Minnesota.
SIGNED on this the 2 ( sr day of Ser-i 6 ar
GRANTOR
C i2/. Ij.. ,
Carol M. Hesse (wife)
STATE OF MINNESOTA
COUNTY OF -i(
Personall1 appeared before me, the undersigned authority in and for the said County and State on
this (\V- day ofd t4o..LgA , 2010, within my jurisdiction, the within named
Cckra ( i1 . .14 esr , Grantor, who acknowledged that she executed, signed and delivered
the above and foregoing instrument on the date there provided.
My Commission Expires:
, 2010.
Donald E. Hesse (husband)
NOTARY PUBLIC
MIRA L. BROYLES
I Notary Public- Minnesota
} My commission
Expires an 31, 2015
STATE OF MINNESOTA
COUNTY OF_ -z,
Personal appeared before me, the undersigned authority in and for the said County and State on
this / - day of p , 2010, within my jurisdiction, the within named
boYiex1cl E. McSse , Grantor, who acknowledged that he executed, signed and delivered
the above and foregoing instrument on the date there provided.
My Commission Expires: ( - ( D/S
This instrument was drafted by:
Elizabeth A. Lambrecht
Attorney at Law
Attorney ID: 348120
1635 Old Hudson Road
St. Paul, MN 55106
651- 214 -5294
NOTARY PUBLIC
1
MIRA L. BROYLES
Notary Public- Minnesota
My commission Expires Jan 31, 2015
EXHIBIT "A"
That part of Wescott Woodlands (f.k.a. Dodge Street), as platted and dedicated on Wescott
Gardens Lots, according to the recorded plat thereof, Dakota County, Minnesota, which lies
southerly of the westerly extension of a line lying 419.42 feet north of the south line of Lot 3,
Block 3, Wescott Gardens Lots and northerly of the westerly extension of a line lying 300.00
northerly of the south line of Lot 3, Block 3, Wescott Garden Lots.
Please refer to Fig. 2 attached hereto.
City of boll
Engineering Department
30'
STONEHAVEN 1st Add
w
0
tts
0
U
w
LEGEND
PROPOSED R/W VACATION
( PRIVATE EASEMENT AGREEMENT)
HESSE
#3536
( R/W OPTION AGREEMENT )
VINGE
#3544
VINGE
SW COR LOT 3
/s
( BIRCH ST.)
WESSEL
#3590
(VACATED)
Wescott Woodlands ROW Vacation
Vacation Exhibit
9 14 2010
Fig. 2