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183604v2
EASEMENT
THIS INSTRUMENT is made this ______ day of _________________, 2016, by and
between the City of Lakeville, a Minnesota municipal corporation, Grantor, and the Metropolitan
Council, a public corporation and political subdivision of the State of Minnesota, Grantee;
WITNESSETH, that Grantor, the owner of the property described in Exhibit A, in
consideration of One Dollar and other good and valuable consideration to it in hand paid, the
receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to Grantee,
its successors and assigns, a permanent easement for drainage and utility purposes and access to
and maintenance of a sanitary sewer meter station which easement is located on the property
described on the attached Exhibit A and depicted on the attached Exhibit B.
The above-described easement includes the right of Grantee, its employees, agents and
contractors to do whatever is necessary for enjoyment of the rights granted herein including the
right to enter and grade and excavate the easement areas for purposes of constructing, operating,
maintaining, altering, repairing, replacing and/or removing said sanitary sewer meter station.
Subsequent to the date of the easements as written above, Grantor, its heirs, successors and
assigns, will not erect, construct, or create any building, improvement, obstruction, perpendicular
utility crossing, or structure of any kind, either above or below the surface of the easement areas or
plant any trees, or stockpile construction debris or construction equipment, or change the grade
thereof of the easement area without the express written permission of the Grantee.
Subsequent to initial construction, and provided that the grade is not changed, and that
reasonable access for sanitary sewer, maintenance and repair is maintained, the following
improvements by Grantor, its heirs, successors and assigns do not require Grantee’s written
approval: fences, parking lots, perpendicular street and driveway crossings, landscaping, bushes,
and shrubs. However, Grantee will not be responsible for and will not pay for the loss of or any
damage to or replace or restore the following items within the easement areas: shrubs, bushes, or
landscaping, except grass and sod.
Unless otherwise agreed to in writing by Grantor, Grantee will make reasonable efforts to
restore the easement area including soil compaction to 95% of standard proctor density, matching
the original surface grade as far as practicable, and restoration of the surface to like condition,
either grass seeding or sodding, either paved or gravel surface restoration. Further, Grantee will
restore any fencing that Grantee has removed or damaged in connection with Grantee’s use of the
easement area.
Grantor covenants that it is the lawful owner and is in lawful possession of the above
described real estate and has lawful right and authority to convey and grant the easements
described herein.
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The provisions and conditions of this Easement shall be binding upon and inure to the
benefit of the parties hereto and their successors and assigns, and shall constitute a covenant
running with the land.
GRANTOR:
CITY OF LAKEVILLE
By:
Matt Little, Mayor
(SEAL)
By:
Charlene Friedges, City Clerk
STATE OFMINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ______ day of
_____________, 2016, by Matt Little and by Charlene Friedges, the Mayor and City Clerk of the
City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
Notary Public
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GRANTEE:
METROPOLITAN COUNCIL
By: _______________________________
Weston W. Kooistra
Its Regional Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this ____ day of
_______________________, 2016, by Weston W. Kooistra, Regional Administrator of the
METROPOLITAN COUNCIL, a public corporation and political subdivision of the State of
Minnesota, on its behalf.
Notary Public
DRAFTED BY:
Campbell Knutson
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road
Suite 290
Eagan, Minnesota 55121
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183604v2
EXHIBIT “A”
TO
GRANT OF PERMANENT EASEMENT
A permanent easement for public drainage and utility purposes and access to and maintenance of a
sanitary sewer meter station over, under, and across that part of the following described property:
That part of OUTLOT F, PHEASANT RUN OF LAKEVILLE, according to the recorded
plat thereof, on file and of record in the Office of the County Recorder, Dakota County,
Minnesota, described as follows:
Beginning at a point at the intersection of the most southerly line of Lot 2 and the easterly
line of EMBERS AVENUE in said PHEASANT RUN OF LAKEVILLE; thence South 70
degrees 05 minutes 44 seconds East, assumed bearing along said southerly line of Lot 2 a
distance of 20.00 feet; thence South 19 degrees 54 minutes 16 seconds West 33.59 feet;
thence North 89 degrees 50 minutes 35 seconds West 34.30 feet to the easterly line of
EMBERS AVENUE; thence northeasterly along said easterly line of EMBERS AVENUE
to the point of beginning.
(Abstract Property)
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EXHIBIT “B”