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3615 Pilot Knob Rd - Drainage & Utility Temp. Const. EasmentReceipt#: 121908 ABSTRACT FEE $46.00 Return to: SEVERSON SHELDON DOUGHERTY ETAL 7300 WEST 147TH STREET STE 600 APPLE VALLEY, MN 55124 DRAINAGE AND UTILITY AND TEMPORARY CONSTRUCTION EASEMENT WITNESSETH: Said temporary easements to expire November 1, 2012. And as generally depicted on the attached Exhibit "A." (the "Property"). 2763910 111 11 Recorded on: 11 4/2010 11:43:31AM By STG, Deputy Joel T. Beckman County Recorder Dakota County, MN THIS DRAINAGE AND UTILITY AND TEMPORARY CONSTRUCTION EASEMENT is made this `? x day of () , 2010, between HOLIDAY STATIONSTORES, INC., a Minnesota corporation, (the "Landowner "), and the City of Eagan, a Minnesota municipal corporation (the "City "). That the Landowner, in consideration of the sum of Thirty-five Thousand Eight Hundred and no /100 Dollars ($35,800.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, a perpetual easement for drainage and utility purposes over, under, across and through the following described premises, situated within Dakota County, Minnesota, to -wit: That part of Lot 1, Block 1, DUCKWOOD CROSSINGS, according to the recorded plat thereof, lying northerly of a line described as commencing at the northwest corner of said Lot 1; thence South 00 degrees 29 minutes 29 seconds East, assumed bearing, along the west line of said Lot 1 a distance of 7.44 feet to the beginning of the line to be described; thence North 89 degrees 24 minutes 34 seconds East 193.54 feet; thence South 69 degrees 26 minutes 46 seconds East 16.90 feet to the east line of said Lot 1 and there terminating. Together with a temporary easement for construction purposes over, under, across and through the North 12.0 feet of Lot 1, Block 1, DUCKWOOD CROSSINGS, according to the recorded plat thereof. The grant of the foregoing permanent easement for drainage and utility 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 pipes, conduits and mains; and the further right, but not obligation, to enter upon the premises at all reasonable times to 11-12 -4 remove potential obstructions, such as wood, brush, leaf piles, grass clippings, or other objects that may plug the pipes, conduits or mains. 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 potential obstructions. The grant of the foregoing temporary easement for construction purposes includes the right of the City, its contractors, agents and servants to enter upon the premises at all reasonable times to construct, reconstruct and inspect site grading and the further right to remove trees, brush, undergrowth and other obstructions. 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, including the repair or replacement of any curb or driveway apron, save only for the necessary removal of trees, brush, undergrowth and other obstructions, subject only to permanent easement alterations. And the Landowner, its successors and assigns, does covenant with the City, its successors and assigns, that it is the Landowner of the premises aforesaid and has good right to grant and convey the easement herein to the City. IN WITNESS WHEREOF, the Landowner has caused this instrument to be executed as of the day and year first written above. STATE OF MINNESOTA ) )ss. COUNTY OF /t 16VF =MM1) The foregoing was acknowledged before me by , the STATIC STORES, INC., a Minnesota corporation, I AWAAMMAAAAAAAAWAWAWAA LYNN M. LOGUE Notary Public- Minnesota My Commisslon Fires Jan 31, 2015 HOLIDAY STATIONSTORES, INC., a Minnesota corporation By: Its: this 5://i day of (9 .e- -t� , 2010, ,5, HOLIDAY on behalf of the corporation.- APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Public Works Department Dated: /0/0-67/0 THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley MN 55124 (952) 432 -3136 Easement No. 1210 (RBB: 206 - 27296) 0 f4/ C040 3 ICI 4 MCIP" k S DUCKWOOD DR. ss omon d .0.19 i fl1I. 11' +cm} LEGEND DENOTES PERPETUAL EASEMENT (1445 SO. Ft) DENOTES TEMPORARY EASEMENT (1067 SO. FT.) °,,X WAN:In 'd rriZef T.4 Tr, AO; ";* r:ihiiiir#60 72 SRF Owftlifyienew.M. EASEMENT ACQUISITION DUCKWOOD DRIVE OVERPASS crry OF EAGAN, MINNESOTA EXHIBIT "A" Parcel 6