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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