2795 Hwy 55 - Right-Of-Way EasementReceipt #: 125321
ABSTRACT FEE $46.00
Return to:
SEVERSON SHELDON DOUGHERTY ETAL
7300 WEST 147TH STREET
STE 600
APPLE VALLEY, MN 55124
See also Exhibit "A" attached hereto and incorporated herein.
2768367
Recorded on: 11/24/2010 02:58:39PM
By: STG, Deputy
79\5
/ / f / �'K-' 55
Joel T. Beckman County Recorder
Dakota County =, MN
RIGHT -OF -WAY EASEMENT
HIS RIGHT -OF -WAY EASEMENT is made and entered into this I 0 day of
N Ne- en1O*ir , 2010, by and between IRET PROPERTIES, A NORTH
DAKOTA LIMITED PARTNERSHIP, a North Dakota limited partnership hereinafter referred to
as "Landowner," and 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 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 easements for right -of -way
purposes, over and across the following described premises, situated within Dakota County,
Minnesota, to -wit (the "Easement Area "):
Those parts of Lots 7 & 8, The Robert O'Neill Homestead, Dakota Co., Minn.,
according to the plat thereof on file in the office of the County Recorder, Dakota
County, Minnesota, lying southwesterly of the southwesterly right -of -way line of
State Trunk Highway 55.and southeast of a line, commencing at the centerline
of State Trunk Highway 55. 279.64 feet northwest of intersection with the north-
south center line of Section 2, Township 27, Range 23, thence southwest 868
feet to the northwest railroad right -of -way, except that part of Lot 7 lying
southwesterly of the southwest right -of -way of State Trunk Highway 55 and
southeast of the following described line: commencing at the northwest corner
of said Section 2, thence S 0 50' 24" E, a distance of 959 feet, thence S 62
21' 24" E, a distance of 3,087.05 feet to the beginning of the line to be
described, thence S 27 43' 54" W, a distance of 967.18 feet more or less, to
the southwesterly line of Lot 7, to a point hereinafter referred to as "Point A ",
and there terminating.
Said street easement is described as commencing at said Point "A," thence N
27° 43' 54" East a distance of 821.87 feet to the point of beginning; thence N
62° 21' 24" W a distance of 100.00 feet; thence S 27° 43' 54" W a distance of
109.80 feet; thence S 62° 21' 24" E a distance of 100.00 feet; thence N 27° 43'
54" E a distance of 109.80 feet and there terminating.
The grant of the foregoing permanent easement for right -of -way purposes includes the
right of the City, its contractors, agents and servants to construct, reconstruct, inspect, repair and
maintain a roadway and erect and maintain signs in conjunction with the public's use of said
roadway and appurtenances and any signs erected in conjunction with the use of the roadway
and appurtenances.
The grant of the foregoing permanent easement for right -of -way purposes includes the
right of the City, its contractors, agents and servants to enter upon the premises at all
reasonable times to remove trees, brush, undergrowth and other obstructions from the
Easement Area. 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.
The City's use of the Easement Area shall not unreasonably interfere with the use of
Landowner's real property by Landowner or Landowner's tenants. The City acknowledges and
agrees that this easement is subject to all prior easements of record as of the date of this
easement.
Landowner reserves the right of ownership, use, and occupancy of the Easement Area
insofar as said ownership, use, and occupancy do not impair the rights granted to the City in this
easement. The City's rights hereunder are non - exclusive, and Landowner shall have full right and
authority to grant other easements or rights to use the Easement Area as will not unreasonably
and materially impair the City's rights under this easement.
IN WITNESS WHEREOF, the Landowner has caused this easement to be executed as of
the day and year first above written.
STATE OF NORTH DAKOTA
)ss.
COUNTY OF WARD )
c�.
The foregoing instrument was acknowledged before me this I(
J day of
, 2010, by Michael A. Bosh, the Senior Vice President of IRET, Inc., the general
partner of IRET Properties, a North Dakota Limited Partnership, a North Dakota limited
partnership, on behalf of the limited partnership.
JO E EOYKO
Notary Public
Stato of North Dakota
y Commission Exoirea Nov. 22, 2010
IRET Properties, a North Dakota Limited
Partnership, a North Dakota limited
partnership
By: IR , Inc., general partner
By: 5..v1,
Nam Michael A. Bosh
Title: enior Vice President
Notary Public
2
APPROVED AS TO FORM:
■
City Attorney's Office
Dated: It i(s J►o
APPROVED AS TO CONTENT:
lic Works Department
Dated: // - 11 /u
THIS INSTRUMENT WAS DRAFTED BY:
CITY OF EAGAN
Engineering Department
3830 Pilot Knob Road
Eagan, MN 55122
651- 675 -5646
Easement 1229
3
Lot 8
SCALE: 1" = 100'
City of Eapi
Engineering Department
ROBERT O'NEILL
Point "A"
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A1J_P:S ADDITION
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$5
Right-of-Way, Drainage & Utility Easement
2795 Highway 55
P.I.D. 10-53320-071-00
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Proposed Right-of-Way,
Drainage & Utility Easement
7/28/2o1
Exhibit "A"