HomeMy WebLinkAboutItem 06.qDate: June 6, 2016
Item No.
EASEMENT AND RIGHT-OF-WAY ACQUISITION FOR
CSAH 5 INTERSECTION IMPROVEMENTS AT 172ND STREET AND KENYON AVENUE
Proposed Action
Staff recommends adoption of the following motion: Move to approve grants of permanent and
temporary easements and a resolution accepting donation of real property for County State Aid
Highway 5 (Kenwood Trail) Intersection Improvements at 172nd Street and Kenyon Avenue
project, City Project 13-07.
Overview
The City and County are partnering on County State Aid Highway (CSAH) 5 (Kenwood Trail)
intersection improvements at 172nd Street and Kenyon Avenue to improve safety and traffic
operations and provide for increasing traffic levels. City staff, with assistance from Wilson
Development Services and County staff, negotiated with the following property owners to reach
mutual agreements for easements and right-of-way necessary for the project:
• ATL Holdings, LLC: Grant of Permanent and Temporary Easement
• Jordan Drilling Solutions, LLC: Grant of Permanent and Temporary Easement
• Lakeville Property, LLC: Donation of Real Property and Grant of Temporary Easement
• RVP Hospitality, LLC: Grant of Permanent Easement
Primary Issues to Consider
• The adopted 2016-2020 Transportation Capital Improvement Plan programs a total
project cost of $1,945,000. The County will be responsible for 55% of its respective share
of the right-of-way acquisition costs. The City's potential funding sources include, but
are not limited to, Tax Abatement Bonds, Southfork Interest Rate Reduction Loan
proceeds, Tax Increment Fund and Municipal State Aid Street Fund.
Supporting Information
• Easement Documents and Resolution Accepting Donation of Real Property
Financial Impact: $ 50,700 Budgeted: Y® NO Source: Multiple Sources
Related Documents: (CIP, ERP, etc.): City of Lakeville 2016-2020 Transportation CIP
Envision Lakeville Community Values: Good Value for Public Services
Notes: Additional funding provided by Dakota County
Report Completed by: Zach Johnson, City Engineer
(resetved for recording information)
GRANT OF PERMANENT AND
TEMPORARY EASEMENT
THIS AGREEMENT made this day of _ JU A, , 2016, by ATL HOLDINGS,
LLC, a Minnesota limited liability company ( "Grantor"), and CITY OF LAKEVILLE, a Minnesota
municipal corporation ("City" or "Grantee").
In consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Subject to the terms of this Agreement, Grantor grants to City permanent easements for
public right-of-way, drainage and utility purposes over, across, on, under, and through lands situated within
the County of Dakota, State of Minnesota, legally described on the attached Exhibit "A" and depicted on the
attached Exhibit "C", including the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect, repair, and
maintain said public right-of-way, drainage and utility systems over, across, on, under, and through the
permanent easement premises, together with the right to grade, level, fill, drain and excavate the permanent
easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions
interfering with the location, construction, and maintenance of said public right-of-way, drainage and utility
systems.
2. Subject to the tenns of this Agreement, Grantor grants to City temporary construction
easements over, across, on, under, and through the lands situated in the County of Dakota, State of
Minnesota, as legally described on the attached Exhibit "B" and depicted on the attached Exhibit "C". To
have and to hold the same, unto the City, its contractors, agents, and servants, commencing upon execution
of this document and expiring December 31, 2017, together with the right of ingress to and egress from the
temporary easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and
maintaining the property of the City, at the will of the City, its successors and assigns. Grantor hereby grants
the uses herein specified without divesting itself of the right to use and enjoy the above described temporary
easement premises, subject only to the right of the City to use the same for the purposes herein expressed.
As a condition of the grant of temporary construction easements, the City shall, upon completion of
construction and prior to termination, restore the ground surface of the temporary construction easement
premises to its original condition so far as is reasonably practicable with the exception of any grade changes,
bank sloping, ditching, fills, slope construction, cuts and any removal of earth, other materials, trees and
other vegetation.
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3. The parties further agree as follows:
A. If Grantor acquires the property legally described in Exhibit D ("Abutting Property")
and plats the Abutting Property together with Parcels A, B and C legally described in
Exhibit A ("ATL Property") (the plat consisting of the Abutting Property and ATL
Property is referred to as the "ATL Plat") the City will vacate the north half of the
existing 172nd Street right of way currently located within the Lakeville Property, LLC,
parcel (PID No. 220121034011) contingent upon the simultaneous recording of the
final plat for the ATL Plat and/or the ATL Property. The vacation shall not include any
portion currently or proposed for the future expansion of County Road No. 5 right of
way. In addition, City may retain easements within the vacated right of way for
existing utilities.
B. Simultaneous with the recording of a final plat of the ATL Property and/or ATL Plat,
Grantee agrees to vacate the existing drainage and utility easement within Abutting
Property recorded with the Dakota County Recorder's office as Doc. No. 692838 on
July 10, 1985, provided that the areas within the ATL Plat and the Abutting Property
containing the delineated wetlands, required wetland buffers and the 100 -year high
water level of the drainage -way are deeded to the City.
C. City agrees to construct storm water management improvements at no cost to Grantor
to meet the requirements necessary for the final plat in connection with the
development of the plat for the ATL Property and/or the ATL Plat.
D. City will construct the realignment of 172nd Street (City Project No. 13-07) and provide
a total of two private sanitary sewer, water and storm sewer service connections to the
ATL Property at no cost to Grantor with the construction of City Project No. 13-07.
City shall not be liable for any design issues related to the future development of the
ATL Property or ATL Plat. The use of sanitary sewer ejector pumps for service to
individual lots within a final plat for the ATL Property and/or the ATL Plat is
prohibited.
E. City shall waive the following fees and charges for the commercial development within
the final plat for the ATL Property and/or the ATL Plat located southeast of the
realigned 1721 Street:
• Trunk storm sewer area charge
• Lateral watermain access charge
• Lateral sanitary sewer access charge
• Cash escrow for future upgrading of CSAH 5 or 172nd Street adjacent to the
ATL Plat
• Park dedication fees
F. City shall waive costs for construction of sidewalk along the south and east side of the
realigned 172nd St. for the fixture commercial development within the final plat for the
ATL Property and/or the ATL Plat located southeast of the realigned 172nd Street.
G. Grantor shall remove all encroachments within the permanent and temporary easement
premises by June 30, 2016, including but not limited to: all homesteads, accessory
buildings, septic systems, driveways, culverts, fences, and landscaping materials. In
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addition, Grantor shall seal all wells with the ATL Property by June 30, 2016. Grantor
shall obtain all required permits from the City's Building Official and Dakota County
to complete the work.
4. The above named Grantor, for itself, its successors and assigns, does covenant with the
City, its successors and assigns, that it is well seized in fee title of the above described easement premises;
that it has the sole right to grant and convey the easements to the City; that there are no unrecorded interests
in the easement premises; and that it will indemnify and hold the City harmless for any breach of the
foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this� day of
,`1 2016.
GRANTOR:
ATL HOLDINGS, LLC
By:
Its Chief Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this - day of -4 L AA Z-- , 2016,
by �1 DW% V { t , the Chief Manager of ATL Holdings, LLC, a
Minnesota limited liability company, on behalf of said company, Grantor.
r/M zz// 1��Z4
MATTHEW JOHN JOHNSON
i NOTARY PUBLIC - MUVNESOTA NOTAR UB C
My Commission Expires
January 31, 2019
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GRANTEE:
CITY OF LAXEVH LE
LM
And
STATE OF M]TTNESOTA )
ss.
COUNTY OF DAKOTA )
Matt Little, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
2016, by Matt Little and Charlene Friedges, respectively the Mayor and City Clerk, of the City of
Lakeville, a municipal corporation under the laws of the state of Minnesota, on behalf of the corporation
and pursuant to the authority granted by its City Council.
Notary Public
DRAFTED BY:
Campbell Knutson
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/ejh
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EXHIBIT "A"
PARCEL A DESCRIPTION (P.LD. #22.01210.30.010):
Commencing at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of Section 12, Township
114, Range 21, Dakota County, Minnesota; thence North 00 degrees 10 minutes 40 seconds West, assumed
bearing, along the East line of the Northeast 1/4 of the Northwest 1/4 118.25 feet; thence South 89 degrees
33 minutes 27 seconds West 148.36 feet to the point of beginning of the land to be described; thence South
88 degrees 15 minutes 20 seconds West 627.71 feet; thence North 02 degrees 38 minutes 09 seconds West
110 feet; thence North 84 degrees 00 minutes 03 seconds East 47.46 feet; thence North 37 degrees 48
minutes 54 seconds East 75.25 feet; thence South 82 degrees 14 minutes 40 seconds East 285.00 feet;
thence North 81 degrees 15 minutes 20 seconds East 192.00 feet; thence South 24 degrees 39 minutes 37
seconds East 160.53 feet to the point of beginning.
PARCEL A PERMANENT EASEMENT DESCRIPTION:
A 110.00 foot wide permanent right-of-way, drainage and utility easement over, under, and across the above
described property. The centerline of said easement is described as follows:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence North 00
degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the Northwest Quarter a
distance of 692.03 feet, thence North 89 degrees 33 minutes 27 seconds West along a line parallel with the
south line of said Northeast Quarter of the Northwest Quarter a distance of 379.02 feet to a point on the
westerly right of way of County Road No. 5 and the point of beginning of the 110.00 foot wide Right -of -
Way easement centerline to be described; thence South 70 degrees 01 minute 52 seconds West a distance of
80.85 feet; thence westerly a distance of 348.59 feet along a tangential curve concave to the southeast
having a radius of 300.00 feet and a central angle of 66 degrees 34 minutes 36 seconds; thence South 03
degrees 27 minutes 16 seconds West a distance of 114.31 feet; thence southerly a distance of 313.43 feet
along a tangential curve concave to the northwest having a radius of 300.00 feet and a central angle of 59
degrees 51 minutes 41 seconds to a point on the northerly right of way line of 172nd Street West, and said
center line there terminating. The side lines of said easement shall be prolonged or shortened to terminate at
the northerly right of way line of 172nd Street West and the Westerly right of way Line of County Road No.
5.
A permanent easement for right-of-way, drainage and utility purposes over, under, and across that part of
the above described property, lying easterly of the following described line:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence North 00
degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the Northwest Quarter a
distance of 692.03 feet, thence North 89 degrees 33 minutes 27 seconds West along a line parallel with the
south line of said Northeast Quarter of the Northwest Quarter a distance of 379.02 feet to a point on the
westerly right of way of County Road No. 5; thence South 70 degrees 01 minute 52 seconds West a distance
of 49.48 feet to the point of beginning of the line to be described; thence southerly a distance of 658.11 feet
along a non-tangential curve concave to the west having a radius of 2790.00 feet, a central angle of 13
degrees 30 minutes 54 seconds, and the chord of said curve is 656.59 feet in length and bears South 11
degrees 46 minutes 16 seconds East to the northerly right of way line of 172nd Street, and said line there
terminating.
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A permanent easement for right-of-way, drainage and utility purposes over, under, and across that part of
the above described property, lying southwesterly of the following described line:
Commencing at the southeast corner of said NE 1/4 NW 1/4, thence North 89 degrees 33 minutes 27
seconds West along the south line of said NE 1/4 NW 1/4 a distance of 521.83 feet to the point of beginning
of the line to be described; thence northwesterly a distance of 195.24 feet along a non-tangential curve
concave to the southwest having a radius of 296.00 feet, a central angle of 37 degrees 47 minutes 33
seconds, and the chord of said curve is 191.72 feet in length and bears North 37 degrees 59 minutes 16
seconds West to the southerly line of the above described 110.00 foot wide permanent easement, and said
line there terminating. Excepting out the right of way of 172nd Street.
PARCEL B DESCRIPTION (P.I.D. #22.01210.29.011):
Commencing at a point in the center line of Lyndale Road as now laid out and used across the Northeast
Quarter of the Northwest Quarter of Section 12, Township 114 North, Range 21, which said point is 330
feet North and 215 feet West of the Southeast corner of the Northeast quarter of the Northwest Quarter of
Section 12, thence West 445 feet, thence 330 feet North, thence East 320 feet to a point in the center line of
said Lyndale Road, thence Southeasterly along the center line of said Lyndale Road to the point of
beginning, being a part of the Northeast quarter of the Northwest Quarter of Section 12, Township 114,
Range 21, according to the recorded Government Survey thereof, Dakota County, Minnesota.
Excepting therefrom; That part of the Northeast Quarter of the Northwest Quarter of Section 12, Township
114, Range 21, described as follows:
Commencing at the Southeast corner of said Northeast Quarter of the Northwest Quarter; thence North 660
feet; thence West 332.34 feet to the centerline of County Road No. 5, said point being the actual point of
beginning of the line to be described; thence continue West 129.65 feet; thence South 153.44 feet; thence
South 83 degrees 43 minutes 06 seconds East a distance of 50.31; thence North 73 degrees 02 minutes 58
seconds East a distance of 124.38 feet to the centerline of County Road No. 5; thence Northwesterly along
said centerline a distance of 128.84 feet to the point of beginning, according to the Government Survey
thereof, Dakota County, Minnesota.
PARCEL B PERMANENT EASEMENT DESCRIPTION:
A 110.00 foot wide permanent right-of-way, drainage and utility easement over, under, and across the above
described property. The centerline of said easement is described as follows:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence North 00
degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the Northwest Quarter a
distance of 692.03 feet, thence North 89 degrees 33 minutes 27 seconds West along a line parallel with the
south line of said Northeast Quarter of the Northwest Quarter a distance of 379.02 feet to a point on the
westerly right of way of County Road No. 5 and the point of beginning of the 110.00 foot wide Right -of -
Way easement centerline to be described; thence South 70 degrees 01 minute 52 seconds West a distance of
80.85 feet; thence westerly a distance of 348.59 feet along a tangential curve concave to the southeast
having a radius of 300.00 feet and a central angle of 66 degrees 34 minutes 36 seconds; thence South 03
degrees 27 minutes 16 seconds West a distance of 114.31 feet; thence southerly a distance of 313.43 feet
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along a tangential curve concave to the northwest having a radius of 300.00 feet and a central angle of 59
degrees 51 minutes 41 seconds to a point on the northerly right of way line of 172nd Street West, and said
center line there terminating. The side lines of said easement shall be prolonged or shortened to terminate at
the northerly right of way line of 172"d Street West and the Westerly right of way Line of County Road No.
5.
A permanent easement for right-of-way, drainage and utility purposes over, under, and across that part of
the above described property, lying easterly of the following described line:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence North 00
degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the Northwest Quarter a
distance of 692.03 feet, thence North 89 degrees 33 minutes 27 seconds West along a line parallel with the
south line of said Northeast Quarter of the Northwest Quarter a distance of 379.02 feet to a point on the
westerly right of way of County Road No. 5; thence South 70 degrees 01 minute 52 seconds West a distance
of 49.48 feet to the point of beginning of the line to be described; thence southerly a distance of 658.11 feet
along a non-tangential curve concave to the west having a radius of 2790.00 feet, a central angle of 13
degrees 30 minutes 54 seconds, and the chord of said curve is 656.59 feet in length and bears South 11
degrees 46 minutes 16 seconds East to the northerly right of way line of 172"d Street, and said line there
terminating.
A permanent easement for drainage and utility purposes over, under, and across that part of the above
described property, described as follows:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence North 00
degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the Northwest Quarter a
distance of 692.03 feet, thence North 89 degrees 33 minutes 27 seconds West along a line parallel with the
south line of said Northeast Quarter of the Northwest Quarter a distance of 379.02 feet to a point on the
westerly right of way of County Road No. 5; thence South 70 degrees 01 minute 52 seconds West a distance
of 49.48 feet; thence North 18 degrees 29 minutes 30 seconds West a distance of 55.02 feet to the point of
beginning; thence North 18 degrees 29 minutes 30 seconds West a distance of 108.00 feet; thence South 67
degrees 47 minutes 19 seconds West a distance of 234.08 feet; thence South 37 degrees 01 minute 55
seconds West a distance of 201.32 feet; thence South 26 degrees 40 minutes 10 seconds East a distance of
108.41 feet; thence South 76 degrees 15 minutes 46 seconds East a distance of 71.17 feet to a point on the
westerly line of the above described 110.00 foot wide permanent easement; thence northeasterly along the
westerly line of the 110.00 foot wide permanent easement a distance of 348.79 feet along a non-tangential
curve concave to the east having a radius of 355.00 feet, a central angle of 56 degrees 17 minutes 39
seconds, and the chord of said curve is 334.93 feet in length and bears North 41 degrees 53 minutes 03
seconds East; thence North 70 degrees 01 minute 52 seconds East continuing along said westerly right of
way line a distance of 32.78 feet to the point of beginning.
PARCEL C DESCRIPTION (P.I.D. #22.01210.29.012):
That part of the Northeast Quarter of the Northwest Quarter of Section 12, Township 114, Range 21,
described as follows:
Commencing at the Southeast corner of said Northeast Quarter of the Northwest Quarter; thence North 660
feet; thence West 332.34 feet to the centerline of County Road No. 5, said point being the actual point of
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beginning of the line to be described; thence continue West 129.65 feet; thence South 153.44 feet; thence
South 83 degrees 43 minutes 06 seconds East a distance of 50.31; thence North 73 degrees 02 minutes 58
seconds East a distance of 124.38 feet to the centerline of County Road No. 5; thence Northwesterly along
said centerline a distance of 128.84 feet to the point of beginning, according to the Government Survey
thereof, Dakota County, Minnesota.
PARCEL C PERMANENT EASEMENT DESCRIPTION:
A 110.00 foot wide permanent right-of-way, drainage and utility easement over, under, and across the above
described property. The centerline of said easement is described as follows:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence North 00
degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the Northwest Quarter a
distance of 692.03 feet, thence North 89 degrees 33 minutes 27 seconds West along a line parallel with the
south line of said Northeast Quarter of the Northwest Quarter a distance of 379.02 feet to a point on the
westerly right of way of County Road No. 5 and the point of beginning of the 110.00 foot wide right-of-way
easement centerline to be described; thence South 70 degrees 01 minute 52 seconds West a distance of
80.85 feet; thence westerly a distance of 348.59 feet along a tangential curve concave to the southeast
having a radius of 300.00 feet and a central angle of 66 degrees 34 minutes 36 seconds; thence South 03
degrees 27 minutes 16 seconds West a distance of 114.31 feet; thence southerly a distance of 313.43 feet
along a tangential curve concave to the northwest having a radius of 300.00 feet and a central angle of 59
degrees 51 minutes 41 seconds to a point on the northerly right of way line of 172nd Street West, and said
center line there terminating. The side lines of said easement shall be prolonged or shortened to terminate at
the northerly right of way line of 172nd Street West and the Westerly right of way Line of County Road No.
5.
A permanent right-of-way, drainage and utility easement over that part of the above described parcel, lying
easterly of the following described line:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence North 00
degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the Northwest Quarter a
distance of 692.03 feet, thence North 89 degrees 33 minutes 27 seconds West along a line parallel with the
south line of said Northeast Quarter of the Northwest Quarter a distance of 379.02 feet to a point on the
westerly right of way of County Road No. 5; thence South 70 degrees 01 minute 52 seconds West a distance
of 49.48 feet to the point of beginning of the line to be described; thence southerly a distance of 658.11 feet
along a non-tangential curve concave to the west having a radius of 2790.00 feet, a central angle of 13
degrees 30 minutes 54 seconds, and the chord of said curve is 656.59 feet in length and bears South 11
degrees 46 minutes 16 seconds East to the northerly right of way line of 172nd Street, and said line there
terminating.
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EXHIBIT "B"
PARCEL A DESCRIPTION (P.I.D. #22.01210.30.010):
Commencing at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of Section 12, Township
114, Range 21, Dakota County, Minnesota; thence North 00 degrees 10 minutes 40 seconds West, assumed
bearing, along the East line of the Northeast 1/4 of the Northwest 1/4 118.25 feet; thence South 89 degrees
33 minutes 27 seconds West 148.36 feet to the point of beginning of the land to be described; thence South
88 degrees 15 minutes 20 seconds West 627.71 feet; thence North 02 degrees 38 minutes 09 seconds West
110 feet; thence North 84 degrees 00 minutes 03 seconds East 47.46 feet; thence North 37 degrees 48
minutes 54 seconds East 75.25 feet; thence South 82 degrees 14 minutes 40 seconds East 285.00 feet;
thence North 81 degrees 15 minutes 20 seconds East 192.00 feet; thence South 24 degrees 39 minutes 37
seconds East 160.53 feet to the point of beginning.
PARCEL A TEMPORARY EASEMENT DESCRIPTION:
A temporary construction easement over, under, and across that part of the above described property, lying
easterly of the above described 110 foot wide permanent easement and westerly of the following described
line:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence North 00
degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the Northwest Quarter a
distance of 692.03, thence North 89 degrees 33 minutes 27 seconds West along a line parallel with the south
line of said Northeast Quarter of the Northwest Quarter a distance of 379.02 feet to a point on the westerly
right of way of County Road No. 5; thence South 70 degrees 01 minute 52 seconds West a distance of 49.48
feet; thence South 17 degrees 48 minutes 34 seconds East a distance of 70.05 feet to a point on the westerly
right of way line of Co. Road No. 5 and the point of beginning of the line to be described; thence South 70
degrees 01 minute 52 seconds West a distance of 28.73 feet; thence westerly a distance of 199.30 feet along
a tangential curve concave to the southeast, having a radius of 230.00 feet and a central angle of 49 degrees
38 minutes 57 seconds; thence South 77 degrees 06 minutes 45 seconds East a distance of 24.98 feet; thence
South 12 degrees 53 minutes 15 seconds West a distance of 77.00 feet; thence North 77 degrees 06 minutes
45 seconds West a distance of 12.15 feet; thence South 03 degrees 27 minutes 16 seconds West a distance of
103.21 feet; thence southerly a distance of 122.64 feet along a tangential curve concave to the west, having a
radius of 380.00 feet and a central angle of 18 degrees 29 minutes 29 seconds; thence South 47 degrees 19
minutes 48 seconds East a distance of 65.00 feet; thence North 48 degrees 24 minutes 42 seconds East a
distance of 3.38 feet; thence South 39 degrees 23 minutes 29 seconds East a distance of 24.99 feet; thence
South 52 degrees 48 minutes 20 seconds West a distance of 2.81 feet; thence South 30 degrees 30 minutes
51 seconds East a distance of 76.25 feet to a point on the northerly right of way line of 172nd St, and said
line there terminating.
A temporary construction easement over, under, and across that part of the above described property, lying
westerly of the above described 110.00 foot wide permanent easement and easterly of the following
described line:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence North 00
degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the Northwest Quarter a
distance of 692.03 feet, thence North 89 degrees 33 minutes 27 seconds West along a line parallel with the
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south line of said Northeast Quarter of the Northwest Quarter a distance of 379.02 feet to a point on the
westerly right of way of County Road No. 5; thence South 70 degrees 01 minute 52 seconds West a distance
of 49.48 feet; thence North 18 degrees 29 minutes 30 seconds West a distance of 493.38 feet to the point of
beginning of the line to be described; thence South 71 degrees 30 minutes 30 seconds West a distance of
15.00 feet; thence South 18 degrees 29 minutes 30 seconds East a distance of 321.32 feet; thence South 67
degrees 47 minutes 19 seconds West a distance of 222.45 feet; thence South 37 degrees 01 minute 55
seconds West a distance of 210.28 feet; thence South 26 degrees 40 minutes 10 seconds East a distance of
126.82 feet; thence South 07 degrees 32 minutes 08 seconds West a distance of 60.66 feet; thence South 86
degrees 32 minutes 44 seconds East a distance of 46.17 feet; thence South 03 degrees 27 minutes 16
seconds West a distance of 114.31 feet; thence South 09 degrees 32 minutes 52 seconds West a distance of
46.71 feet; thence South 06 degrees 15 minutes 56 seconds West a distance of 40.22 feet; thence South 31
degrees 41 minutes 18 seconds West a distance of 49.75 feet, and said line there terminating.
Said temporary easement shall expire on December 31, 2017.
PARCEL B DESCRIPTION (P.I.D. #22.01210.29.011):
Commencing at a point in the center line of Lyndale Road as now laid out and used across the Northeast
Quarter of the Northwest Quarter of Section 12, Township 114 North, Range 21, which said point is 330
feet North and 215 feet West of the Southeast corner of the Northeast quarter of the Northwest Quarter of
Section 12, thence West 445 feet, thence 330 feet North, thence East 320 feet to a point in the center line of
said Lyndale Road, thence Southeasterly along the center line of said Lyndale Road to the point of
beginning, being a part of the Northeast quarter of the Northwest Quarter of Section 12, Township 114,
Range 21, according to the recorded Government Survey thereof, Dakota County, Minnesota.
Excepting therefrom; That part of the Northeast Quarter of the Northwest Quarter of Section 12, Township
114, Range 21, described as follows:
Commencing at the Southeast corner of said Northeast Quarter of the Northwest Quarter; thence North 660
feet; thence West 332.34 feet to the centerline of County Road No. 5, said point being the actual point of
beginning of the line to be described; thence continue West 129.65 feet; thence South 153.44 feet; thence
South 83 degrees 43 minutes 06 seconds East a distance of 50.31; thence North 73 degrees 02 minutes 58
seconds East a distance of 124.38 feet to the centerline of County Road No. 5; thence Northwesterly along
said centerline a distance of 128.84 feet to the point of beginning, according to the Government Survey
thereof, Dakota County, Minnesota.
PARCEL B TEMPORARY EASEMENT DESCRIPTION:
A temporary construction easement over, under, and across that part of the above described property, lying
easterly of the above described 110.00 foot wide permanent easement and westerly of the following
described line:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence North 00
degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the Northwest Quarter a
distance of 692.03, thence North 89 degrees 33 minutes 27 seconds West along a line parallel with the south
line of said Northeast Quarter of the Northwest Quarter a distance of 379.02 feet to a point on the westerly
right of way of County Road No. 5; thence South 70 degrees 01 minute 52 seconds West a distance of 49.48
feet; thence South 17 degrees 48 minutes 34 seconds East a distance of 70.05 feet to a point on the westerly
right of way line of Co. Road No. 5 and the point of beginning of the line to be described; thence South 70
degrees 01 minute 52 seconds West a distance of 28.73 feet; thence westerly a distance of 199.30 feet along
a tangential curve concave to the southeast, having a radius of 230.00 feet and a central angle of 49 degrees
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38 minutes 57 seconds; thence South 77 degrees 06 minutes 45 seconds East a distance of 24.98 feet; thence
South 12 degrees 53 minutes 15 seconds West a distance of 77.00 feet; thence North 77 degrees 06 minutes
45 seconds West a distance of 12.15 feet; thence South 03 degrees 27 minutes 16 seconds West a distance of
103.21 feet; thence southerly a distance of 122.64 feet along a tangential curve concave to the west, having a
radius of 380.00 feet and a central angle of 18 degrees 29 minutes 29 seconds; thence South 47 degrees 19
minutes 48 seconds East a distance of 65.00 feet; thence North 48 degrees 24 minutes 42 seconds East a
distance of 3.38 feet; thence South 39 degrees 23 minutes 29 seconds East a distance of 24.99 feet; thence
South 52 degrees 48 minutes 20 seconds West a distance of 2.81 feet; thence South 30 degrees 30 minutes
51 seconds East a distance of 76.25 feet to a point on the northerly right of way line of 172nd St, and said
line there terminating.
Said temporary easement shall expire on December 31, 2017
PARCEL C DESCRIPTION (P.I.D. #22.01210.29.012):
That part of the Northeast Quarter of the Northwest Quarter of Section 12, Township 114, Range 21,
described as follows:
Commencing at the Southeast corner of said Northeast Quarter of the Northwest Quarter; thence North 660
feet; thence West 332.34 feet to the centerline of County Road No. 5, said point being the actual point of
beginning of the line to be described; thence continue West 129.65 feet; thence South 153.44 feet; thence
South 83 degrees 43 minutes 06 seconds East a distance of 50.31; thence North 73 degrees 02 minutes 58
seconds East a distance of 124.38 feet to the centerline of County Road No. 5; thence Northwesterly along
said centerline a distance of 128.84 feet to the point of beginning, according to the Government Survey
thereof, Dakota County, Minnesota.
PARCEL C TEMPORARY EASEMENT DESCRIPTION:
A temporary construction easement over, under, and across that part of the above described property, lying
easterly of the above described 110 foot wide permanent easement and westerly of the following described
line:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence North 00
degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the Northwest Quarter a
distance of 692.03, thence North 89 degrees 33 minutes 27 seconds West along a line parallel with the south
line of said Northeast Quarter of the Northwest Quarter a distance of 379.02 feet to a point on the westerly
right of way of County Road No. 5; thence South 70 degrees 01 minute 52 seconds West a distance of 49.48
feet; thence South 17 degrees 48 minutes 34 seconds East a distance of 70.05 feet to a point on the westerly
right of way line of Co. Road No. 5 and the point of beginning of the line to be described; thence South 70
degrees 01 minute 52 seconds West a distance of 28.73 feet; thence westerly a distance of 199.30 feet along
a tangential curve concave to the southeast, having a radius of 230.00 feet and a central angle of 49 degrees
38 minutes 57 seconds; thence South 77 degrees 06 minutes 45 seconds East a distance of 24.98 feet; thence
South 12 degrees 53 minutes 15 seconds West a distance of 77.00 feet; thence North 77 degrees 06 minutes
45 seconds West a distance of 12.15 feet; thence South 03 degrees 27 minutes 16 seconds West a distance of
103.21 feet; thence southerly a distance of 122.64 feet along a tangential curve concave to the west, having a
radius of 380.00 feet and a central angle of 18 degrees 29 minutes 29 seconds; thence South 47 degrees 19
minutes 48 seconds East a distance of 65.00 feet; thence North 48 degrees 24 minutes 42 seconds East a
distance of 3.38 feet; thence South 39 degrees 23 minutes 29 seconds East a distance of 24.99 feet; thence
South 52 degrees 48 minutes 20 seconds West a distance of 2.81 feet; thence South 30 degrees 30 minutes
1867620 11
51 seconds East a distance of 76.25 feet to a point on the northerly right of way line of 172nd St, and said
line there terminating.
Said temporary easement shall expire on December 31, 2017.
1867620 12
EXFHBIT "C"
Parcel A (PID #22-01210-30-010)
EASEMENT EXHIBIT
17255 KENWOOD TRAIL
LAKEVILLE, MN 55044
rn
o
. At,,
ADIOMAY E#AEMW
172ND STREET � -----
SAY
-NNW MASMONQkKOra0_ ,
YbNKWAaY EASMOff MWS =ter
-0E JT WGHT-0F4"Y 6=41L S 2t -%D SOLLV E FUT
PkE tU
PART OF THE NE 114 OF THE NW U4 A
nrcxmdr n wsnowe� LMEVLLEM N&SOU WYE
SECTION 12, TOWNSHIP 114, RANGE 21 SER �`"'
wM.vmw nDAKOTA
ROADWAY TEMPORARY
�AyOA COUNTY. MN O�Miib
EASEMENT EXMI&9Y
R4Y.Ieo
a
186762v3 13
Parcel B (PED #22-01210-29-011)
EASEMENT EXHIBIT
17133 KENWOOD TRAIL
LAKEVILLE, MN 55044
SUMEY NOTM
-aEW4GS BASED ON DAKOTA 00.38 MON 5REAKDDf.W
-TEk%vftAfrY EASE EM BDUALS 7181 SOLARE reu
-ROADWAY EASEWE:NT BMJALS 308 scuum Fm
4WMAGE & UTLM E&SMENT EQUALS 3= SOLM FM
711N. 44, u*WwWj
E:h?LW*
ROO&#^, Ehowee
r*A"0kLt"LJWEM
PSOPEM L*9
naqTAFAKY
PART OF THE NE 1/4 OF THE NW 1/4
SECTION 12, TOWNSHIP 114, RANGE 21
DAKOTA COUNTY, NINA
At.
sm
17111KENWOODIft
LAKMLLE, NN SN"
I D'
P7
tt
SUMEY NOTM
-aEW4GS BASED ON DAKOTA 00.38 MON 5REAKDDf.W
-TEk%vftAfrY EASE EM BDUALS 7181 SOLARE reu
-ROADWAY EASEWE:NT BMJALS 308 scuum Fm
4WMAGE & UTLM E&SMENT EQUALS 3= SOLM FM
711N. 44, u*WwWj
E:h?LW*
ROO&#^, Ehowee
r*A"0kLt"LJWEM
PSOPEM L*9
naqTAFAKY
186762v3 14
PART OF THE NE 1/4 OF THE NW 1/4
SECTION 12, TOWNSHIP 114, RANGE 21
DAKOTA COUNTY, NINA
At.
sm
17111KENWOODIft
LAKMLLE, NN SN"
I D'
186762v3 14
Parcel C (PID #22-01210-29-012)
EASEMENT EXHIBIT
17121 KENWOOD TRAIL
LAKEVILLE, MN 55044
_y�l°f ` .. - E+3EVEoR •13E ^
9 � • - RDApwT FfBfYEM
w
ill _
p
{f Sl:7dMEY NDTES
� BASED ON WMA CO. SEX i,
-YFAPCRARY EASE'A�ENT �11�tS iEEY
-ROADWAY EASEMENT EMA&Z 4938 S(.%IARE FEET
Fp,E ibi
3 PART OF THE NE 114 I-Aiz THE NW 114 %r .ewe. w 17729 KE NW N 5 0"
®wp�t� �f !eu sr�+u+r tAKEVNJ�. MN 86Wf MT€
SECTION 12, TOWNSHIP 114, RANGE 21 i6f! ROADWAY& TEMPORARY y�
. Ym. c DAKOTA COUNTY MICR EASEMEMU E%199tT
� , P.I.D,P 22.41219-23.912 �Ywwo.
ws
186762v3 15
EXHIBIT "D"
ABUTTING PROPERTY LEGAL DESCRIPTION
That part of the Northeast Quarter of the Northwest Quarter of Section 12, Township 114 North, Range 21
West, lying Westerly of Kenwood Trail (Formerly State Aid Highway No. 5) and Easterly of the
Minneapolis, Northfield and Southern Railway right of line.
Excepting therefrom that part of the Northeast Quarter of the Northwest Quarter of Section 12, Township
114, Range 21, described as follows:
Commencing at a point in the center line of Lyndale Road as now laid out and used across the
Northeast Quarter of the Northwest Quarter of Section 12, Township 114 North, Range 21, which
said point is 330 feet North and 215 feet West of the Southeast corner of the Northeast quarter of
the Northwest Quarter of Section 12, thence West 445 feet, thence 330 feet North, thence East 320
feet to a point in the center line of said Lyndale Road, thence Southeasterly along the center line of
said Lyndale Road to the point of beginning, being a part of the Northeast quarter of the Northwest
Quarter of Section 12, Township 114, Range 21, according to the recorded Government Survey
thereof, Dakota County, Minnesota.
2. Commencing at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of Section 12,
Township 114, Range 21, Dakota County, Minnesota; thence North 00 degrees 10 minutes 40
seconds West, assumed bearing, along the East line of the Northeast 1/4 of the Northwest 1/4
118.25 feet; thence South 89 degrees 33 minutes 27 seconds West 148.36 feet to the point of
beginning of the land to be described; thence South 88 degrees 15 minutes 20 seconds West
627.71 feet; thence North 02 degrees 38 minutes 09 seconds West 110 feet; thence North 84
degrees 00 minutes 03 seconds East 47.46 feet; thence North 37 degrees 48 minutes 54 seconds
East 75.25 feet; thence South 82 degrees 14 minutes 40 seconds East 285.00 feet; thence North 81
degrees 15 minutes 20 seconds East 192.00 feet; thence South 24 degrees 39 minutes 37 seconds
East 160.53 feet to the point of beginning.
Commencing at the southeast corner of said NE 1/4 NW 1/4, thence West along the south line of
said NE 1/4 NW 1/4 a distance of 771.82 feet to the point of beginning, thence Northerly 285.00
feet on a line through a point on a line drawn west parallel with the south line of said NE 1/4 NW
1/4 from a point on the East line of said NE 1/4 NW 1/4, distant 264.0 feet North of the Southeast
corner of said NE 1/4 NW 1/4, said point being 783.16 feet west of the East line of said NE 1/4
NW 1/4, thence West parallel with the south line said NE 1/4 NW 1/4 a distance of 396.0 feet,
thence southwesterly at a deflection angle to the left of 29 degrees run to the northeasterly right of
way line of the Soo Line Railroad Company, thence southeasterly along said right of way line to
the south line of said NE 1/4 NW 1/4, thence East along the south line to the point of beginning
4. Klamath Glen, according to the recorded plat thereof, Dakota County, Minnesota.
5. That part of the Northeast Quarter of the Northwest Quarter of Section 12, Township 114 North,
Range 21 West, described as follows:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence
North 00 degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the
Northwest Quarter a distance of 692.03 feet, thence North 89 degrees 33 minutes 27 seconds West
along a line parallel with the south line of said Northeast Quarter of the Northwest Quarter a
1867620 16
distance of 379.02 feet to a point on the westerly right of way of County Road No. 5; thence South
70 degrees 01 minute 52 seconds West a distance of 49.48 feet; thence North 18 degrees 29
minutes 30 seconds West a distance of 55.02 feet to the point of beginning of land to be
described; thence North 18 degrees 29 minutes 30 seconds West a distance of 142.20 feet; thence
South 67 degrees 47 minutes 19 seconds West a distance of 203.12 feet; thence South 12 degrees
00 minutes 22 seconds West a distance of 86.22 feet; thence North 66 degrees 04 minutes 53
seconds West a distance of 204.24 feet; thence South 23 degrees 55 minutes 07 seconds West a
distance of 20.00 feet; thence South 66 degrees 04 minutes 53 seconds East a distance of 204.86
feet; thence South 39 degrees 08 minutes 18 seconds West a distance of 156.18 feet; thence South
26 degrees 40 minutes 10 seconds East a distance of 88.66 feet; thence South 76 degrees 15
minutes 46 seconds East a distance of 64.85 feet to a point on the westerly line of the above
described 110.00 foot wide strip of land; thence northeasterly along the westerly line of said
110.00 foot wide strip of land a distance of 348.79 feet along a non-tangential curve concave to
the east having a radius of 355.00 feet, a central angle of 56 degrees 17 minutes 39 seconds, and
the chord of said curve is 334.93 feet in length and bears North 41 degrees 53 minutes 03 seconds
East; thence North 70 degrees 01 minute 52 seconds East continuing along said westerly line a
distance of 32.78 feet to the point of beginning.
6. That part of the Northeast Quarter of the Northwest Quarter of Section 12, Township 114 North,
Range 21 West, lying Westerly of Kenwood Trail (Formerly State Aid Highway No. 5) and
Easterly of the following described line:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence
North 00 degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the
Northwest Quarter a distance of 692.03 feet, thence North 89 degrees 33 minutes 27 seconds West
along a line parallel with the south line of said Northeast Quarter of the Northwest Quarter a
distance of 379.02 feet to a point on the westerly right of way of County Road No. 5; thence South
70 degrees 01 minute 52 seconds West a distance of 49.48 feet to the point of beginning of the line
to be described; thence southerly a distance of 658.11 feet along a non-tangential curve concave
to the west having a radius of 2790.00 feet, a central angle of 13 degrees 30 minutes 54 seconds,
and the chord of said curve is 656.59 feet in length and bears South 11 degrees 46 minutes 16
seconds East to the northerly right of way line of 172a Street, and said line there terminating.
7. That part of the Northeast Quarter of the Northwest Quarter of Section 12, Township 114 North,
Range 21 West, lying Westerly of Kenwood Trail (Formerly State Aid Highway No. 5) and
Easterly of the following described line:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence
North 00 degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the
Northwest Quarter a distance of 692.03 feet, thence North 89 degrees 33 minutes 27 seconds West
along a line parallel with the south line of said Northeast Quarter of the Northwest Quarter a
distance of 379.02 feet to a point on the westerly right of way of County Road No. 5; thence South
70 degrees 01 minute 52 seconds West a distance of 49.48 feet to the point of beginning of the line
to be described; thence North 18 degrees 29 minutes 30 seconds West a distance of 674.60 feet to
a point on the northerly line of the above described property, and said line there terminating.
8. A strip of land 110.00 feet wide in the Northeast Quarter of the Northwest Quarter of Section 12,
Township 114 North, Range 21 West, lying Westerly of Kenwood Trail (Formerly State Aid
Highway No. 5) and Easterly of the Minneapolis, Northfield and Southern Railway right of line.
The centerline of said 110.00 foot wide strip of land is described as follows:
1867620 17
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence
North 00 degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the
Northwest Quarter a distance of 692.03 feet, thence North 89 degrees 33 minutes 27 seconds West
along a line parallel with the south line of said Northeast Quarter of the Northwest Quarter a
distance of 379.02 feet to a point on the westerly right of way of County Road No. 5 and the point
of beginning of the 110.00 foot wide centerline to be described; thence South 70 degrees 01
minute 52 seconds West a distance of 80.85 feet; thence westerly a distance of 348.59 feet along a
tangential curve concave to the southeast having a radius of 300.00 feet and a central angle of 66
degrees 34 minutes 36 seconds; thence South 03 degrees 27 minutes 16 seconds West a distance of
114.31 feet; thence southerly a distance of 313.43 feet along a tangential curve concave to the
northwest having a radius of 300.00 feet and a central angle of 59 degrees 51 minutes 41 seconds
to a point on the northerly right of way line of 172nd Street West, and said center line there
terminating. The side lines of said land shall be prolonged or shortened to terminate at the
northerly right of way line of 172"d Street West and the Westerly right of way Line of County
Road No.
9. Rock Island Townhomes, according to the recorded plat thereof, Dakota County, Minnesota.
10. Rock Island Townhomes 2nd addition, according to the recorded plat thereof, Dakota County,
Minnesota.
11. Klamath Glen, according to the recorded plat thereof, Dakota County, Minnesota.
1867620 18
(reserved for recording information)
GRANT OF PERMANENT AND
TEMPORARY EASEMENT
JORDAN DRILLING SOLUTIONS, LLC, a Minnesota limited liability company,
hereinafter referred to as "Grantor", 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 unto the CITY OF LAKEVILLE, a municipal corporation organized under the laws of the
State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, the
following easements:
1. A permanent easement for public right-of-way, drainage and utility purposes over,
across, on, under, and through land situated within the County of Dakota, State of Minnesota,
legally described on the attached Exhibit "A" and depicted on the attached Exhibit "C", including
the rights of the City, its contractors, agents, servants, and assigns, to enter upon the permanent
easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain
said public right-of-way, drainage and utility systems over, across, on, under, and through the
permanent easement premises, together with the right to grade, level, fill, drain and excavate the
permanent easement premises, and the further right to remove trees, bushes, undergrowth, and other
obstructions interfering with the location, construction, and maintenance of said public right-of-way,
drainage_ and utility systems.
1
186740v1
2. A temporary construction easement over, across, on, under, and through the
land situated in the County of Dakota, State of Minnesota, as legally described on the
attached Exhibit "B" and depicted on the attached Exhibit "C". To have and to hold the
same, unto the City, its contractors, agents, and servants, commencing upon execution of
this document and expiring November 30, 2017, together with the right of ingress to and
egress from the temporary easement premises, for the purpose of constructing,
reconstructing, inspecting, repairing, and maintaining the property of the City, at the will
of the City, its successors-and assigns. Grantor hereby grants the uses herein specified
without divesting itself of the right to use and enjoy the above described temporary
easement premises, subject only to the right of the City to use the same for the purposes
herein expressed. As a condition of this temporary construction easement grant, the City
shall, upon completion of construction and prior to termination, restore the ground surface
of the temporary construction easement premises to its original condition so far as is
reasonably practicable with the exception of any grade changes, bank sloping, ditching,
fills, slope construction, cuts and any removal of earth, other materials, trees and other
vegetation.
The above named Grantor, for itself, its successors and assigns, does covenant with the City,
its successors and assigns, that it is well seized in fee title of the above described easement
premises; that it has the sole right to grant and convey the easements to the City; that there are no
unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless
for any breach of the foregoing covenants.
N
1867400
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this
day of IUI� , 2016.
GRANTOR:
JORDAN DRILLING SOLUTIONS, LLC
By:
. �6 z —
Its Chief ger
STATE OF MINNESOTA
)ss.
COUNTY OF DAKOTA )
e foregoing instrument was acknowledged before me this day of
2016, by I—ISTA 70,C0AA1 , the Chief Manager
of for Drilling Solutions, LLC, a Minnesota limited liability company, on behalf of said
company, Grantor.
DANIEL H. WILSON
NOTARY PUBLIC - MINNESOTA NOTARY PUBLIC
W Commissioo Expires Jan 31, 2020
DRAFTED BY:
CAMPBELL KNUISON
Professional AssociaWn
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/cjh
186740vl
EXHIBIT "A"
PARCEL DESCRIPTION (P.I.D. 922.01210.32.010):
That part of the NE 1/4 of the NW 1/4 of Section 12, Township 114, Range 21, Dakota County,
Minnesota, described as follows:
Commencing at the southeast corner of said NE 1/4 NW 1/4, thence West along the south line of
said NE 1/4 NW 1/4 a distance of 771.82 feet to the point of beginning, thence Northerly 285.00
feet on a line through a point on a line drawn west parallel with the south line of said NE 1/4 NW
1/4 from a point on the East line of said NE 1/4 NW 1/4, distant 264.0 feet North of the Southeast
corner of said NE 1/4 NW 1/4, said point being 783.16 feet west of the East line of said NE 1/4
NW 1/4, thence West parallel with the south line said NE 1/4 NW 1/4 a distance of 396.0 feet,
thence southwesterly at a deflection angle to the left of 29 degrees'run to the northeasterly right of
way line of the Soo Line Railroad Company, thence southeasterly along said right of way line to
the south line of said NE 1/4 NW 1/4, thence East along the south line to the point of beginning
PERMANENT EASEMENT DESCRIPTION:
A permanent right-of-way, drainage and utility easement over that part of the above described
parcel, described as follows:
Commencing at the southeast corner of said NE 1/4 NW 1/4, thence North 89 degrees 33
minutes 27 seconds West along the south line of said NE 1/4 NW 1/4 a distance of 771.82
feet, thence North 02 degrees 38 minutes 07 seconds West (assumed bearing) adistance of
33.05 feet to a point on the northerly right of way line of 172nd Street West and the point
of beginning of the easement to be described; thence North 02 degrees 38 minutes 07
seconds West a distance of 77.45 feet; thence southwesterly a distance of 204.89 feet along
a non-tangential curve concave to the northwest having a radius of 265.00 feet, a central
angle of 44 degrees 17 minutes 55 seconds, and the chord of said curve is 199.82 feet in
length and bears South 68 degrees 17 minutes 36 seconds West; thence South 00 degrees
25 minutes 33 seconds West a distance of 2.00 feet to a point on the northerly right of way
line; thence easterly along said northerly right of way line to the point of beginning.
1867400
EXHIBIT "B"
PARCEL DESCRIPTION (P.I.D. 922.01210.32.010):
That part of the NE 1/4 of the NW 1/4 of Section 12, Township 114, Range 21, Dakota County,
Minnesota, described as follows:
Commencing at the southeast corner of said NE 1/4 NW 1/4, thence West along the south line of
said NE 1/4 NW 1/4 a distance of 771.82 feet to the point of beginning, thence Northerly 285.00
feet on a line through a point on a line drawn west parallel with the south line of said NE 1/4 NW
1/4 from a point on the East line of said NE 1/4 NW 1/4, distant 264.0 feet North of the Southeast
corner of said. NE 114 NW 1/4, said point being 783.16 feet west of the East line of said NE 1/4
NW 1/4, thence West parallel with the south line said NE 1/4 NW 1/4 a distance of 396.0 feet, .
thence southwesterly at a deflection angle to the left of 29 degrees run to the northeasterly right of
way line of the Soo Line Railroad Company, thence southeasterly along said right of way line to
the south line of said NE 1/4 NW 1/4, thence East along the south line to the point of beginning
TEMPORARY EASEMENT DESCRIPTION:
A temporary construction easement over that part of the above described parcel, described as
follows:
Commencing at the southeast comer of said NE 1/4 NW 1/4, thence West along the south
line of said NE 1/4 NW 1/4 a distance of 771.82 feet, thence North 02 degrees 38 minutes
07 seconds West (assumed bearing) a distance of 110.50 feet to the point of beginning of
the temporary easement to be described; thence North 02 degrees 38 minutes 07 seconds
West a distance of 49.51 feet; thence South 43 degrees 22 minutes 18 seconds West a
distance of 42.24 feet; thence South 03 degrees 09 minutes 59 seconds East a distance of
24.88 feet; thence South 57 degrees 54 minutes 22 seconds West a distance of 50.90 feet;
thence South 26 degrees 59 minutes 53 seconds East a distance of 15.00 feet to a point on
the northerly line of the above described permanent easement, thence northeasterly along
the north line of the above described permanent easement to the point of beginning.
Said temporary easement shall expire on November 30, 2017.
I86740v1 5
EXHIBIT "C"
R)G-OF-WAY EMIB,T
LAKmuf, M"
1
0 whoor." WAsran
- F ✓+fi1WtMDllfmili!l�aMi
ut �R�/R{1FRVI
-
PID 27-121032-010
3 � �
V b! FF a f 5 C, iYr f, nvYY:.,
5(131'tN — 3i50�! CY_ 4 �. • ` $.bC"'4C1 ¢a•a i.13xFSt3
Lffi it . ., $rr'4d'� y CFJ 19k'a1•'L1xtifM9e
P .:.,M f/ :1'�Hi9fli7tr[$'.P,1 t91bA $7ts3
9DUT
Fes= OF THE NE V4 _
w.w.1a� _ :Y£wan�n�Ytra./.•rx•+.iFw.q ec a:k:
177NO STREET . smw4RE �F _+ � t� ME Yrti •l1 : M, -W
114.!4. ;
i' . .
w roYlria' w,•r.. *
PART OF THE. IE 114 OF D -E W 114
" SECTION 12, TOWNSHM 114• RANGE 21 sm 0.IWEYULWN x r:
N WT AMTftAJl:il�irr
a.e.•sFi LAKEVILLE.UN W K —
r
186740v1
MORTGAGE HOLDER
CONSENT TO EASEMENT
WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association,
which holds a mortgage on all or part of the property more particularly described in the foregoing
Grant of Permanent and Temporary Easement, which mortgage is dated July 1, 2013, and recorded
July 11, 2013, as Document No. 2962276 with the office of the County Recorder for Dakota
County, Minnesota, for good for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing Grant
of Permanent and Temporary Easement.
WELLS FARGO BANK,
NATIONAL ASSOCIATION
Its_
STATE OF )
)ss.
COUNTY OF __ )
The foregoing instrument was acknowledged before me this day of
2016, by the
of Wells Fargo Bank, National Association, a national banking
association, on its behalf.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNursoN
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
AMP/cjh
1867400 7
CITY OF LAKEVILLE
RESOLUTION NO.
RESOLUTION ACCEPTING DONATION
OF CERTAIN REAL PROPERTY FROM LAKEVILLE PROPERTY, LLC
WHEREAS, Lakeville Property, LLC has offered to donate to the City of Lakeville the
property legally described on the attached Exhibit A and depicted on the attached Exhibit B for the
City's 172nd Street Reconstruction Project ("Properly"); and
WHEREAS, Lakeville Property, LLC has executed the deed for the conveyance of the
Property to the City, and the deed will be recorded upon adoption of this Resolution; and
WHEREAS, Minn. Stat. § 462.356, subd. 2 requires that the Planning Commission
review the City's proposed acquisitions and dispositions of property, and;
WHEREAS, Minn. Stat. § 462.356, subd. 2 provides for an exception from the Planning
Commission review requirement upon 2/3 vote of the City Council dispensing with the
requirement and finding that the acquisition or disposal of the Property has no relationship to the
comprehensive municipal plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville,
Minnesota:
1. The City Council hereby accepts the donation of the Property.
2. The City Council finds that the disposition of the Property under the Purchase
Agreement has no relationship to the comprehensive municipal plan.
The Mayor and City Clerk are authorized to execute any documents which, in the
opinion of the City Attorney, are necessary to effectuate this transaction. The City
Clerk is specifically designated as the person who can sign IRS Form 8283.
ADOPTED by a 2/3 vote of the City Council of the City of Lakeville this 6th day of June,
2016.
CITY OF LAKEVILLE
MM
ATTEST:
Charlene Friedges, City Clerk
186807A
Matt Little, Mayor
EXHIBIT A
Legal Description of Subject Property
That part of the Northeast Quarter of the Northwest Quarter of Section 12, Township 114 North,
Range 21 West, lying Westerly of Kenwood Trail (Formerly State Aid Highway No. 5) and
Easterly of the following described line:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence
North 00 degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the
Northwest Quarter a distance of 692.03 feet, thence North 89 degrees 33 minutes 27 seconds
West along a line parallel with the south line of said Northeast Quarter of the Northwest Quarter a
distance of 379.02 feet to a point on the westerly right of way of County Road No. 5; thence
South 70 degrees 01 minute 52 seconds West a distance of 49.48 feet to the point of beginning of
the line to be described; thence southerly a distance of 658.11 feet along a non-tangential curve
concave to the west having a radius of 2790.00 feet, a central angle of 13 degrees 30 minutes 54
seconds, and the chord of said curve is 656.59 feet in length and bears South 11 degrees 46
minutes 16 seconds East to the northerly right of way line of 172nd Street, and said line there
terminating.
Excepting therefrom that part of the Northeast Quarter of the Northwest Quarter of Section 12,
Township 114, Range 21, described as follows:
1. Commencing at a point in the center line of Lyndale Road as now laid out and used across
the Northeast Quarter of the Northwest Quarter of Section 12, Township 114 North,
Range 21, which said point is 330 feet North and 215 feet West of the Southeast corner of
the Northeast quarter of the Northwest Quarter of Section 12, thence West 445 feet, thence
330 feet North, thence East 320 feet to a point in the center line of said Lyndale Road,
thence Southeasterly along the center line of said Lyndale Road to the point of beginning,
being a part of the Northeast quarter of the Northwest Quarter of Section 12, Township
114, Range 21, according to the recorded Government Survey thereof, Dakota County,
Minnesota.
2. Commencing at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of Section
12, Township 114, Range 21, Dakota County, Minnesota; thence North 00 degrees 10
minutes 40 seconds West, assumed bearing, along the East line of the Northeast 1/4 of the
Northwest 1/4 118.25 feet; thence South 89 degrees 33 minutes 27 seconds West 148.36
feet to the point of beginning of the land to be described; thence South 88 degrees 15
minutes 20 seconds West 627.71 feet; thence North 02 degrees 38 minutes 09 seconds
West 110 feet; thence North 84 degrees 00 minutes 03 seconds East 47.46 feet; thence
North 37 degrees 48 minutes 54 seconds East 75.25 feet; thence South 82 degrees 14
minutes 40 seconds East 285.00 feet; thence North 81 degrees 15 minutes 20 seconds East
192.00 feet; thence South 24 degrees 39 minutes 37 seconds East 160.53 feet to the point
of beginning.
186807v1 2
AND
That part of the Northeast Quarter of the Northwest Quarter of Section 12, Township 114 North,
Range 21 West, lying easterly of the Minneapolis, Northfield and Southern Railway right of line
and westerly of the following described line:
Commencing at the southeast corner of said NE 1/4 NW 1/4, thence North 89 degrees 33 minutes
27 seconds West along the south line of said NE 1/4 NW 1/4 a distance of 521.83 feet to the point
of beginning of the line to be described; thence northwesterly a distance of 115.12 feet to the
south line of the following described Exception #2 along a non-tangential curve concave to the
southwest having a radius of 296.00 feet, a central angle of 22 degrees 17 minutes 02 seconds,
and the chord of said curve is 114.40 feet in length and bears North 30 degrees 14 minutes 00
seconds West, and said line there terminating. Excepting out the right of way of 172nd Street.
Excepting therefrom that part of the Northeast Quarter of the Northwest Quarter of Section 12,
Township 114, Range 21, described as follows:
Commencing at the southeast corner of said NE 1/4 NW 1/4, thence West along the south line
of said NE 1/4 NW 1/4 a distance of 771.82 feet to the point of beginning, thence Northerly
285.00 feet on a line through a point on a line drawn west parallel with the south line of said
NE 1/4 NW 1/4 from a point on the East line of said NE 1/4 NW 1/4, distant 264.0 feet North
of the Southeast corner of said NE 1/4 NW 1/4, said point being 783.16 feet west of the East
line of said NE 1/4 NW 1/4, thence West parallel with the south line said NE 1/4 NW 1/4 a
distance of 396.0 feet, thence southwesterly at a deflection angle to the left of 29 degrees run
to the northeasterly right of way line of the Soo Line Railroad Company, thence southeasterly
along said right of way line to the south line of said NE 1/4 NW 1/4, thence East along the
south line to the point of beginning
2. Commencing at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of Section 12,
Township 114, Range 21, Dakota County, Minnesota; thence North 00 degrees 10 minutes 40
seconds West, assumed bearing, along the East line of the Northeast 1/4 of the Northwest 1/4
118.25 feet; thence South 89 degrees 33 minutes 27 seconds West 148.36 feet to the point of
beginning of the land to be described; thence South 88 degrees 15 minutes 20 seconds West
627.71 feet; thence North 02 degrees 38 minutes 09 seconds West 110 feet; thence North 84
degrees 00 minutes 03 seconds East 47.46 feet; thence North 37 degrees 48 minutes 54
seconds East 75.25 feet; thence South 82 degrees 14 minutes 40 seconds East 285.00 feet;
thence North 81 degrees 15 minutes 20 seconds East 192.00 feet; thence South 24 degrees 39
minutes 37 seconds East 160.53 feet to the point of beginning.
AND
A strip of land 110.00 feet wide in the Northeast Quarter of the Northwest Quarter of Section 12,
Township 114 North, Range 21 West, lying Westerly of Kenwood Trail (Formerly State Aid
Highway No. 5) and Easterly of the Minneapolis, Northfield and Southern Railway right of line.
The centerline of said 110.00 foot wide strip of land is described as follows:
is6so7vi 3
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence
North 00 degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the
Northwest Quarter a distance of 692.03 feet, thence North 89 degrees 33 minutes 27 seconds
West along a line parallel with the south line of said Northeast Quarter of the Northwest Quarter a
distance of 379.02 feet to a point on the westerly right of way of County Road No. 5 and the point
of beginning of the 110.00 foot wide centerline to be described; thence South 70 degrees 01
minute 52 seconds West a distance of 80.85 feet; thence westerly a distance of 348.59 feet along a
tangential curve concave to the southeast having a radius of 300.00 feet and a central angle of 66
degrees 34 minutes 36 seconds; thence South 03 degrees 27 minutes 16 seconds West a distance
of 114.31 feet; thence southerly a distance of 313.43 feet along a tangential curve concave to the
northwest having a radius of 300.00 feet and a central angle of 59 degrees 51 minutes 41 seconds
to a point on the northerly right of way line of 172nd Street West, and said center line there
terminating. The side lines of said land shall be prolonged or shortened to terminate at the
northerly right of way line of 172nd Street West and the Westerly right of way Line of County
Road No. 5.
:►s
That part of the Northeast Quarter of the Northwest Quarter of Section 12, Township 114 North,
Range 21 West, lying Westerly of Kenwood Trail (Formerly State Aid Highway No. 5) and
Easterly of the following described line:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence
North 00 degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the
Northwest Quarter a distance of 692.03 feet, thence North 89 degrees 33 minutes 27 seconds
West along a line parallel with the south line of said Northeast Quarter of the Northwest Quarter a
distance of 379.02 feet to a point on the westerly right of way of County Road No. 5; thence
South 70 degrees 01 minute 52 seconds West a distance of 49.48 feet to the point of beginning of
the line to be described; thence North 18 degrees 29 minutes 30 seconds West a distance of
674.60 feet to a point on the northerly line of the above described property, and said line there
terminating.
AND
That part of the Northeast Quarter of the Northwest Quarter of Section 12, Township 114 North,
Range 21 West, described as follows:
Commencing at the southeast corner of said Northeast Quarter of the Northwest Quarter; thence
North 00 degrees 10 minutes 40 seconds West along the east line of the Northeast Quarter of the
Northwest Quarter a distance of 692.03 feet, thence North 89 degrees 33 minutes 27 seconds
West along a line parallel with the south line of said Northeast Quarter of the Northwest Quarter a
distance of 379.02 feet to a point on the westerly right of way of County Road No. 5; thence
South 70 degrees 01 minute 52 seconds West a distance of 49.48 feet; thence North 18 degrees 29
minutes 30 seconds West a distance of 55.02 feet to the point of beginning of land to be
described; thence North 18 degrees 29 minutes 30 seconds West a distance of 142.20 feet; thence
South 67 degrees 47 minutes 19 seconds West a distance of 203.12 feet; thence South 12 degrees
00 minutes 22 seconds West a distance of 86.22 feet; thence North 66 degrees 04 minutes 53
seconds West a distance of 204.24 feet; thence South 23 degrees 55 minutes 07 seconds West a
1s68o7v1 4
distance of 20.00 feet; thence South 66 degrees 04 minutes 53 seconds East a distance of 204.86
feet; thence South 39 degrees 08 minutes 18 seconds West a distance of 156.18 feet; thence
South 26 degrees 40 minutes 10 seconds East a distance of 88.66 feet; thence South 76 degrees
15 minutes 46 seconds East a distance of 64.85 feet to a point on the westerly line of the above
described 110.00 foot wide strip of land; thence northeasterly along the westerly line of said
110.00 foot wide strip of land a distance of 348.79 feet along a non-tangential curve concave to
the east having a radius of 355.00 feet, a central angle of 56 degrees 17 minutes 39 seconds, and
the chord of said curve is 334.93 feet in length and bears North 41 degrees 53 minutes 03
seconds East; thence North 70 degrees 01 minute 52 seconds East continuing along said westerly
line a distance of 32.78 feet to the point of beginning.
Excepting therefrom that part of the Northeast Quarter of the Northwest Quarter of Section 12,
Township 114, Range 21, described as follows:
1. Commencing at a point in the center line of Lyndale Road as now laid out and used across
the Northeast Quarter of the Northwest Quarter of Section 12, Township 114 North,
Range 21, which said point is 330 feet North and 215 feet West of the Southeast corner of
the Northeast quarter of the Northwest Quarter of Section 12, thence West 445 feet, thence
330 feet North, thence East 320 feet to a point in the center line of said Lyndale Road,
thence Southeasterly along the center line of said Lyndale Road to the point of beginning,
being a part of the Northeast quarter of the Northwest Quarter of Section 12, Township
114, Range 21, according to the recorded Government Survey thereof, Dakota County,
Minnesota.
2. Commencing at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of Section
12, Township 114, Range 21, Dakota County, Minnesota; thence North 00 degrees 10
minutes 40 seconds West, assumed bearing, along the East line of the Northeast 1/4 of the
Northwest 1/4 118.25 feet; thence South 89 degrees 33 minutes 27 seconds West 148.36
feet to the point of beginning of the land to be described; thence South 88 degrees 15
minutes 20 seconds West 627.71 feet; thence North 02 degrees 38 minutes 09 seconds
West 110 feet; thence North 84 degrees 00 minutes 03 seconds East 47.46 feet; thence
North 37 degrees 48 minutes 54 seconds East 75.25 feet; thence South 82 degrees 14
minutes 40 seconds East 285.00 feet; thence North 81 degrees 15 minutes 20 seconds East
192.00 feet; thence South 24 degrees 39 minutes 37 seconds East 160.53 feet to the point
of beginning.
3. Commencing at the southeast corner of said NE 1/4 NW 1/4, thence West along the south
line of said NE 1/4 NW 1/4 a distance of 771.82 feet to the point of beginning, thence
Northerly 285.00 feet on a line through a point on a line drawn west parallel with the south
line of said NE 1/4 NW 1/4 from a point on the East line of said NE 1/4 NW 1/4, distant
264.0 feet North of the Southeast corner of said NE 1/4 NW 1/4, said point being 783.16
feet west of the East line of said NE 1/4 NW 1/4, thence West parallel with the south line
said NE 1/4 NW 1/4 a distance of 396.0 feet, thence southwesterly at a deflection angle to
the left of 29 degrees run to the northeasterly right of way line of the Soo Line Railroad
Company, thence southeasterly along said right of way line to the south line of said NE
1/4 NW 1/4, thence East along the south line to the point of beginning
4. Klamath Glen, according to the recorded plat thereof, Dakota County, Minnesota.
1868o7vi 5
EXHIBIT B
186807vl
(Resei-1,ecl for Recording Data)
LIMITED WARRANTY DEED
STATE DEED TAX DUE HEREON: $
Dated: /lt e -!.t % 12016
FOR VALUABLE CONSIDERATION, LAKEVILLE PROPERTY, LLC, a
Delaware hinted liability company, Grantor, hereby conveys and quitclaims to the CITY OF
LAKEVILLE, a Minnesota municipal corporation, Grantee, real property in Dakota County,
Minnesota, described as follows:
See Exhibit A attached hereto and made a part hereof by reference,
together with all hereditaments and appurtenances belonging thereto.
This Deed conveys after-acquired title. Grantor wan -ants that Grantor has not done or suffered
anything to encumber the property.
Check box if applicable:
0 The Grantor certifies that the Grantor does not know of any wells on the described real
property.
❑ A well disclosure certificate accompanies this document or has been electronically filed. (If
electronically filed, insert WDC number: 1
186993 V 1
❑ We are familiar with the property described in this instrument and we certify that the status
and number of wells on the described real property have not changed since the last previously
filed well disclosure certificate.
Check here if rill or part of the described real property is Registered (Torrens) ❑
LAKEVILLE PROPERTY, LLC
gy. -() . - f� use.
Its:
DCNAWci -
STATE OF )
ss.
COUNTY OF Nem Qa-SM )
The foregouia instrument was acknowledged before me this —p.0 day of
Ci
M� , 2016, by g'1`Ce 11� �Ch �q the OW (S"
of Lakeville Property, LLC, a Delaware limited liability company, on behalf of said company.
?r� 'N_
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Prrnfessioiwl Association,
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone 651-452-5000
AMP/cjll
18G993V] 2
ERICA LYNN ATZ-TABOR
NOTARY PUBLIC, STATE OF DELAWARE
�
MY COMMISSION EXPIRES JANUARY 29, 20PI
Tax Statements for the real property
described in this instrument should be
sent to:
City of Lakeville
20195 Holyoke Avenue
Lakeville, ]Minnesota 55044
GRANT OF TEMPORARY EASEMENT
LAKEVILLE PROPERTY, LLC, a Delaware limited liability company,
hereinafter referred to as "Grantor", 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 unto the CITY OF LAKEVILLE, a municipal corporation organized
under the Iaws of the State of Minnesota, the Grantee, hereinafter referred to as the "City",
its successors and assigns, the following a temporary construction easement over, across,
on, under, and through the land situated in the County of Dakota, State of Minnesota, as
legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B"
(Easement Area")
TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, and
servants, commencing upon execution of this document and expiring on November 30,
2017, together with the right of ingress to and egress from the temporary easement
premises, for the purpose of constructing, reconstructing, inspecting, repairing, and
maintaining the property of the City, at the will of the City, its successors and assigns.
t-
1864700 a700
Grantor hereby grants the uses herein specified without divesting itself of the right to use
and enjoy the above described temporary easement premises, subject only to the right of
the City to use the same for the purposes herein expressed. As a condition of this
temporary construction easement grant, the City shall, upon completion of construction and
prior to termination, restore the ground surface of the temporary construction easement
premises to its original condition so far as is reasonably practicable with the exception of
any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal
of earth, other materials, trees and other vegetation.
The above named Grantor, for itself, its successors and assigns, does covenant with the City,
its successors and assigns, that it is well seized in fee title of the above described easement
premises; that it has the sole right to grant. and convey the easements to the City; that there are no
unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless
for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this
day of 2015.
GRANTOR:
LAKEVILLE PROPERTY, LLC
B y:
Its:
1 s6=t70v i
C11 N't, Iaware
STATE OF )
}ss.
COUNTY OF KhQ
The foregoing instrument was acknowledged before me this --I"C' day of
MOW , 2016, by Q--,)A-Cek`9kQ �hUO, the (',\� of
Lakeville Property, I.LC, a Delaware limited liability company, on behalf of said company.
T'q� &QQi)_
Notary Public
'7:.r .. ERICA LYNN ATZ-TABOR
NOTARY PUBLIC, STATE OF DELAWARE
MY COMMISSION E=XPIRES JANUARY 29, 202()
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTsoN
Professional Association
Grand Oak, Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: 651.452-5000
AMP/cjh
3
186470v1
(resened for recording information)
GRANT OF PERMANENT EASEMENT
RVP HOSPITALITY, LLC, a Minnesota limited liability company, hereinafter referred to
as "Grantor", 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 unto the CITY OF
LAKEVILLE, a municipal corporation organized under the laws of the State of Minnesota, the
Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent
easement for public right-of-way, drainage and utility purposes over, across, on, under, and through
land situated within the County of Dakota, State of Minnesota, legally described on the attached
Exhibit "A" and depicted on the attached Exhibit "B".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public right-of-way, drainage and utility systems over, across, on, under,
and through the permanent easement premises, together with the right to grade, level, fill, drain and
excavate the permanent easement premises, and the further right to remove trees, bushes,
undergrowth, and other obstructions interfering with the location, construction, and maintenance of
said public right-of-way, drainage and utility systems.
1
186768v1
The above named Grantor, for itself, its successors and assigns, does covenant with the City,
its successors and assigns, that it is well seized in fee title of the above described easement
premises; that it has the sole right to grant and convey the easements to the City; that there are no
unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless
for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this
day of _, 2016.
194'A1►I ICU.
RVP HOSPITALITY, LLC
By:
STATE OF MINNESOTA
Its Chief Manager
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
i 2016, by "Vkc /)47AR- , the Chief Manager
of RVP flospitality, LLC, a Minnesota limited liability company, on behalf of said company,
Grantor.
r
NOTARYPUBLIC
DRAFTED BY:
CAMPBELL KNuTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651452-5000
AMP/cjh
2
186768vl
1 1�6 ,�
EXHIBIT "A"
PARCEL DESCRIPTION (P.I.D. #22.18451-01-010):
Lot 1, Block 1, Cracker Barrel Lakeville 2 Addition, according to the recorded plat thereof,
Dakota County, Minnesota.
(Torrens Property/Certificate of Title No. 142666)
PERMANENT EASEMENT DESCRIPTION:
A permanent right-of-way, drainage and utility easement over that part of the above described
parcel, lying northerly of the following described line;
Commencing at the northwest corner of said Lot 1, Block 1, Cracker Barrel Lakeville 2nd Addition,
thence North 89 degrees 57 minutes 32 seconds East along the north line of said Lot 1 a distance of
35.82 feet to the point of beginning of the line to be described; thence South 71 degrees 38 minutes
45 seconds East a distance of 18.52 feet; thence southwesterly a distance of 15.34 feet along a
tangential curve concave to the southeast having a radius of 35.00 feet and a central angle of 25
degrees 07 minutes 06 seconds to a point on the west line of said Lot 1, and said line there
terminating.
is676svl
EXHIBIT "B"
RIGHT—QF—WAY EXHIBFf
LAK€VILL.E, MN
K&KY( ,s AVx
,.d7'97°g, a R✓•'T i4`( `i, 'f� _ -
X
wjh 414w,
-�
cnrc.n
LOT 1, BLOCK 1, CRACKER BARREL
LAKEVILL.E?NDAWTION
-=-4 ,,,
SEH
V 14$ Vffmoo. Put
LMEWLE H5mu
F w.
SEGTK)N 12, TOWNSHIP 114- RANGE 21
mm"ENTwoff-OF•var
1 1
LAKEVRLE. MN
FrwE:T
186768v1
MORTGAGE HOLDER
CONSENT TO EASEMENT
ZIONS FIRST NATIONAL BANK, a national banking association, which holds a
mortgage on all or part of the property more particularly described in the foregoing Grant of
Permanent Easement, which mortgage is dated May 23, 2007, and recorded June 5, 2007, as
Document No. 611811 with the office of the Registrar of Titles for Dakota County, Minnesota, for
good for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby join in, consents, and is subject to the foregoing Grant of Permanent
Easement.
ZIONS FIRST NATIONAL BANK
LE
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2016, by the
of Zions First National Bank, a national banking association, on
its behalf.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNuTsoN
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
AMP/cjh
186768vl
MORTGAGE HOLDER
CONSENT TO EASEMENT
U.S. SMALL BUSINESS ADMINISTRATION, which holds a mortgage on all or part of
the property more particularly described in the foregoing Grant of Permanent Easement, said
mortgage was originally in favor of Minnesota Business Finance Corporation dated November 30,
2007, and recorded December 14, 2007, as Document No. 621411, which mortgage was assigned
to U.S. Small Business Administration by the recording of an Assignment dated November 30,
2007, and recorded December 14, 2007, as Document No. 621414 with the office of the Registrar
of Titles for Dakota County, Minnesota, for good for good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to
the foregoing Grant of Permanent Easement.
U.S. SMALL BUSINESS ADMINISTRATION
C
STATE OF }
)ss.
COUNTY OF )
Its:
The foregoing instrument was acknowledged before me this day of
2016, by the
of U.S. Small Business Administration, on its behalf.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUiSON
Professional Association
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
AMPlcjh
186768v1 6