3544 Wescott Woodlands - Grant of Permissive Easement for ROWSTATE OF MINNESOTA
DAKOTA COUNTY
AN OPTION FOR
GRANT OF PERMISSIVE EASEMENT FOR RIGHT OF WAY
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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 hay nless 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
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 ( 51- day of Serf 6Q r , 2010.
GRANTOR
C
Carol M. Hesse (wife)
STATE OF MINNESOTA
COUNTY OF 1)/
My Commission Expires:
Donald E. Hesse (husband)
Personal appeared before me, the undersigned authority in and for the said County and State on
this o2/ - day of c lL .L , 2010, within my jurisdiction, the within named
Caro( . , Grantor, who acknowledged that she executed, signed and delivered
the above and foregoing instrument on the date there provided.
NOTARY PUBLIC
STATE OF MINNESOTA
COUNTY OF
11 appeared before me, the undersigned authority in and for the said County and State on
this o21 day of i p , 2010, within my jurisdiction, the within named
Dorian( I. McSse , Grantor, who acknowledged that he executed, signed and delivered
the above and foregoing instrument on the date there provided.
My Commission Expires:
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
1-3-(-4015
NOTARY PUBLIC
1
MIRA L. BROYLES
Notary Public- Minnesota
My Commission Expires Jan 31, 2015
Please refer to Fig. 2 attached hereto.
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.
HESSE
#3536
( R/W OPTION AGREEMENT )
City of Eaton
Engineering Department
STONEHAVEN 1st Add
Wescott Woodlands ROW Vacation
Vacation Exhibit
LEGEND
PROPOSED R/W VACATION
( PRIVATE EASEMENT AGREEMENT)
9 14 20
Fig. 2
Receipt #: 116973
TORRENS FEE $66.00
Return to:
DONALD HESSE
3536 WESCOTT WOODLANDS
EAGAN, MN 55123
T668891
Recorded on 10/6/2010 12:00:01PM
By: LAS, Deputy
Certificate #: 101575 110611
Joel T. Beckman Registrar of Title
Dakota County. MN
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