1335 Eagandale Ct - Water Main Easement7 78
WATER MAIN EASEMENT
IN CONNECTION WITH PRIVATE PROJECT # 88-TT
THIS DRAINAGE AND UTILITY EASEMENT, made this (:2j day of
1988, between
corporation, herein referred to as
a municipal corporation, organized
Minnesota, hereinafter referred to
OPUS CORPORATION. a Minnesota
"LANDOWNER" and the CITY OF EAGAN,
under the laws of the State of
as the "CITY".
WITNESSETH:
That the Landowner, 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, does hereby grant and
convey unto the City, its successors and assigns, a permanent,
non-exclusive easement for water main purposes, under the following
described premises, situated within Dakota County, Minnesota, to-wit:
An easement over, under, and across the easterly 20.00 feet of
that part of(Lot 6, Block 4, EAGANDALE CENTER INDUSTRIAL PARK
1ST ADDITION, according to the recorded plat thereof, Dakota-
County? Minnesota, lying southerly of a line described as
commencing at the southwest corner of said Lot 6; thence on an
assumed bearing of North 0 degrees 04 minutes 45 seconds West
along the westerly line of said Lot 6 a distance of 217.20 feet
to the point of beginning of said line to be described; thence
North 89 degrees 55 minutes 15 seconds East a distance of
400.00 feet to the easterly line of said Lot 6 and said line
there terminating.
Together with an easement over, under and across the easterly
20.00 feet of that part of Lot 7, said Block 4, lying northerly
of the westerly extension of a line drawn 91.69 feet northerly
of and parallel with the southerly line of Lot 17, said Block 4.
Together with an easement over, under, and across the northerly
20.00 feet of the southerly 111.69 feet of said Lot 17.
Together with a 20.00 foot easement over, under, and across Lots
7, 18 and 19 and the southerly 111.69 feet of said Lot 17, said
Block 4. The centerline of said 20.00 foot easement is described
as commencing at the northwest corner of said southerly 111.69
feet of Lot 17; thence North 89 degrees 55 minutes 15 seconds
East along the northerly line of said southerly 111.69 feet of
Lot 17 a distance of 138.00 feet to the point of beginning of
said centerline to be described; thence South 0 degrees 04
minutes 45 seconds East a distance of 398.00 feet; thence South
47 degrees 55 minutes 15 seconds West a distance of 197.00 feet
and said centerline there terminating.
t
Also see Exhibit "A" attached hereto and made a part hereof.
The grant of the foregoing permanent easement for water main
purposes includes the right of the City, its contractors, agents and
servants to enter upon the premises at all reasonable times to
construct, reconstruct, inspect, repair and maintain underground
pipes, conduits, or mains and the further right to remove trees,
brush, undergrowth and other obstructions as necessary to perform
such work. After completion of such construction, maintenance, repair
or removal, the City shall restore the premises to the condition in
which it was found prior to the commencement of such actions, save
only for the necessary removal of. trees, brush, undergrowth and other
obstructions.
And the Landowner retains the right to use said premises for any
lawful purpose, provided such use does not interfere with the water
main purposes of this easement. Said use shall include the right to
pave the surface of said premises, but shall not allow the erection
of structures upon said premises.
The Landowner, its heirs and assigns, does covenant with the
City, its successors and assigns, that it is the owner of the
premises aforesaid and has good right to grant and convey the
easement herein to the City.
IN TESTIMONY WHEREOF, the Landowner has caused this easement to
be executed as of the day and year first above written.
OPUS CORPORATION,
a Minnesota corporation
By: Jef Essen
Its: Vice President-General Manager
Real Estate
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 6th day of December , 1988, before me a
notary public within and for said County, appeared
Jeffrey W. Essen , to me personally known, who
being by me first duly sworn, did say that he is the
Vice President-Gen. Mgr. R.E. of OPUS CORPORATION, a Minnesota
corporation, that said instrument was executed on behalf of said
corporation by authority of its Board of Directors, and said
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Jeffrey W. Essen acknowledged said instrument to
be the free act and deed of said corporation.
Notarv Publ
APPROVED AS TO FORM:
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Ci A torne 's ffice
Dat -: ;_--5-??
` Judy Lf. SLj!.1 Z
] Y`, NOS^•? WU! '^N-NESOiA
' f<.NIJ f;PiN C'OU'NTY
PAY cor„risxiov. ern?m 133.93
APPROVED AS TO CONTENT:
Pa'blic Works Department
Date: - - -- '- 2>P:
THIS INSTRUMENT WAS DRAFTED BY:
MCMENOMY & SEVERSON, P.A.
7300 West 147th Street
P.O. Box 24329
Apple Valley, MN 55124
(612) 432-3136
JPE
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