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1189 Eagan Industrial Rd - Drainage & Utility Easement Notice? Materials Processing Corporation October 15, 1997 Mr. Thomas Hedges Eagan City Administrator 3830 Pilot Knob Road Eagan, MN 55122 Deaz Mr. Hedges, Thank you for your time in meeting with Rudy and myself concerning the issue of potential water drainage problems on the MPC site. I have attached my notes, of that meeting, for your review. Please conect any misunderstanding, on our part, of the City's position on this drainage issue. If we don't heaz from you we will assume that the notes are correct. Best regards, ? (6X-J? Mary Ols n President 2805 West Service Road, Eagan, MN 55121 •'Ib1: (612) 681-8099 o Fax (612) 681-8106 T?KP-r? 5 -#K ? ZO?c.ocsi4 DRAINAGE & OTILITY EASEMENT THIS DRAINAGE AND UTILITY EASEMENT, made this 30th day of Sentember , 1988, between THE NORTHWESTERN MUTUAL LIFE INSURANCE CAMPANY, a Wisconsin corporation, herein referred to as "LANDGWNER" and the CITY OF EAGAN, a municipal corporation, organized under the laws of the State of Minnesota, hereinafter referred to as the "CITY". WITNESSETH: That the LANDOWNER, in consideration of the sum of One Dollar ($1.00) and other good and valuable considezation, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the CITY, its successors and assigns, permanent easement for drainage and utility purposes, over, across and under the following described premises, situated within Dakota County, Minnesota, to-wit: ---- - -- --? A 20.00 foot easement over that part of Lot 14,_Block 7,_ EAGANDALE CENTEIi INDUSTRIAL PARK,_accordirig Eo the recorded plat thereof, Dakota County, Minnesota, lying 10.00 feet on each siae of a centerline described as commencing at the most southerly corner of Lot 17, said Block 7; thence on an assumed bearing of North 28 degrees 46 minutes 21 seconds East, along the southeasterly line of Lots 17 and 16, said Block 7, a distance of 440.00 feet; thence North 50 degrees 14 minutes 00 seconds West a distance of 281.00 feet; thence North 76 degrees 28 minutes 00 seconds West (hereinafter referred to as Line "B") a distance of 112.58 feet to the point of beginninq of the centerline to be described; thence North 9 degrees 46 minutes 00 seconds East a distance of 102.14 feet; thence North 0 deyrees 46 minutes 00 seconds East a distance of 103.86 feet to the north line of said Lot 14 and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at the north line of said Lot 14 and at said Line "B" and its northwesterly extension. 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, mains or ponds and the further right to remove trees, brush, undergzowth 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 tne commencement of such actions, save only for the necessary removal of trees, brush, undergrowth and other obstructions. LANDOWNER retains the right to use the easement property for any lawful purpose, provided such use does not interfere with the drainage and utility purposes of this easement. Said use shall include the right to pave the surface of the easement, but shall not allow the erection of structures upon the easement. And the LAND(7WNER, its heirs and assigns, 6oes 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 TESTIMONY WHEREOF, the LANDOWNER has caused this easement to be executed as of the day and year first above written. THE NORTHWESTERN MUTUAL LIFE INSURANCE COPiPANY, a Wisconsin corporation % ?41- - gy S^ ItS:Eueene R. SkaQQS, Vice President STATE OF _WTS('ONCjN ) ) SS. COUNTY OF mT,T,wa, txFF, ) On this in+r, day of Sap,tamhar , 1988, before me a notary public within and for said County, appeared F, n R. Sgaggs to me personally known who being by me first duly sworn, did say that h2 1S the Vire PresidPnt Of TF1E NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a Wisconsin corporation, that said instrument was e)pcuted on behalf ?qf sa?l ??r?oration by auth? ity of its Board of ? ee 8, and said _ ugene a gs /dckfiowledged said in. ument to be the free act and deed of said corpor ion. j? - ??-a-?----?. J Notary Public My commission expires January 26, 1992 THIS INSTRUMENT WAS DRAFTED BY: •earMcMENOMY & SEVERSON, P.A. B • ERNICE BUSE 7300 West 147th Street NOTARY PUBLIC P. o. Box 24329 ? STATE OF WISCONSIN Apple Valley, MN 55124 • ? (612) 432-3136 JPE -2- r f. # 208l0(0l MRea.ls DRAINAGE & OTILITY EASEMENT THIS DRAINAGE AND UTILITY EASEMENT, made this -=.nN' day of '???- , 1988, between THE NORTHWESTERN MUTUAL LIFE INSURANCE CO PANY, a Wisconsin corporation, herein referred to as "LANDGWNER" and the CITY OF EAGAN, a municipal corporation, organized under the laws of the State of Minnesota, hereinafter referred to 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, permanent easement for drainage and utility purposes, over, across and under the following described premises, situated within Dakota County, Minnesota, to-wit: A 20.00 foot_easement over those parts of;Lots 14; 16 and 17, 'CB-lock 7,)%EAGANDALE CENTER INDUSTRIAL PARR; ccording to the recorded`plat thereof, Dakota "County, Minnesota, lying 10.00 feet on each side of a centerline described as commencing at the most southerly corner of said Lot 17; thence on an assumed bearing of North 28 degrees 46 minutes 21 seconds East along the southeasterly line of said Lots 17 and 16 a distance of 440.00 feet; thence North 50 degrees 14 minutes 00 seconds West a distance of 281.00 feet; thence North 76 degrees 28 minutes 00 seconds West (hereinafter referred to as Line "B°) a distance of 112.58 feet to the point of beginning of the centerline to be described; thence South 9 degrees 46 minutes 00 seconds West a distance of 24.86 feet; thence South 19 degrees 46 minutes 00 seconds West a distance of 160.00 feet; thence South 39 degrees 16 minutes 00 seconds West a distance of 150.00 feet; thence South 37 degrees 16 minutes 00 seconds East a distance of 80.00 feet to the southwesterly line of said Lot 17 and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at the southwesterly line of said Lot 17 and at said Line "B" and its northwesterly extension. Together with a 15.00 foot easement over, under, and across the southeasterly 10.00 feet of said Lot 14 and that part of said Lot 17 lying northwesterly of the northwesterly line of the above described easement. The centeline of said 15.00 foot easement is 17.50 feet northeasterly of, as measured at right angles to, and parallel with said southwesterly line of Lot 17. 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, mains or ponds 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 se 3 commencement of such actions, save only for the necessary removal of trees, brush, undergrowth and other obstructions. LANDOWNER retains the right to use the easement property for any lawful purpose, provided such use does not interfere with the orainage and utility purposes of this easement. Said use shall include the right to pave the surface of the easement, but shall not allow the erection of structures upon the easement. And the LANDOWNER, its heirs 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 TESTIMONY WHEREOF, the LANDOWNER has caused this easement to be executed as of the day and year first above written. THE NORTHWESTERN MUTUAL LIFE INSORANCE CADIPANY, a WiscQnsin coryforation S? STATE OF _ WISCONSIN ) ) Ss. COUNTY OF MITWAIIKEE ) ts: On this Oth day of SQ12t-amhPr , 1988, before me a notary public within and for said County, appeared .Ri,ge,npR. skAggq to me personally known who being by me iirst duly sworn, did say that he is the Vice Presiaenc of THE NORTHWESTERN MUTURL LIFE INSURANCE COMPANY, a Wisconsin corporation, that said instrument was executed on behalf of said corporation by authority of its Board of 1d€?€s, and said EuQene R. Skaees acknowledged said ? n?trument to be the free act and deed of said corporation. / / ? N'otary Publ ic My commission expires January 26, 1992 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 G BERNICE BUSE NOTARY PUBLIC STATE OF WISCONSIN . -2-