88-72
e
e
e
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
July 11, 1988
RESOLUTION NO:
88-72
MOTION BY:
Horn
SECONDED BY:
Geving
A RESOLUTION VACATING THE TRAIL EASEMENT ACROSS THE
SOUTHERLY LOTS IN HIDDEN VALLEY
WHEREAS, the City of Chanhassen has initiated a petition for
vacation of the trail easement across Lots 28, 29, 30, 31, 32,
33, 34, and 35, Block 4 of the Hidden Valley subdivision as
depicted on Exhibit A.
WHEREAS, a public hearing was held on said petition on July
11, 1988.
WHEREAS, said public hearing was preceded by two weeks'
published and posted notice as required by Section 412.851 of
Minnesota Statutes.
WHEREAS, an alternative trail easement to serve the same pur-
pose was approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the above described ease-
ment is hereby vacated.
Passed and adopted by the Chanhassen City Council this
11th
day of
July
, 1988.
ATTEST:
~a Q~
Don Ashworth, ity Manager
<:
\
'\
L
YES
NO
ABSENT
Hamilton
Boyt
Johnson
Horn
Geving
None
None
~ tJ \-- \J v-..\ ; d lA, j/\ ~~ \
~ jl\tvJ eahtl"'\€flt
\,7 (Uo(d-ld
.. ~ ..
.\ ") .
i'''''
,,'
,~
e
e
e
c);t.l !' f"#
EASEMENT DEED
This Indenture is made this 16th day of January ,
1986 between united Mortgage Corporation, a Minnesota corporation
("Grantor") and The City of Chanhassen, Minnesota ("Grantee").
WITNESSETH:
That in consideration of One Dollar ($1.00) and other good
and valuable consideration, the receipt of which is hereby
acknowledged, Grantor for itself, its heirs and assigns, hereby
conveys and quit claims unto Grantee an easement consisting of
the right to use, save as herein 1 imi ted, for the purpose of a
pedestrian walkway, but for no other purposes whatsoever, a
twenty-five (25) foot strip of land consisting of the southerly
25 feet of that 50 foot wide utility easement running generally
from east to west across the following lots and as set forth in
the plat filed in the Carver County Recorder's office, Carver
County, Minnesota, as Hidden Valley:
"Outlot A, and Lots 35, 34, 33, 32, 31, 30, 29 and 28
of Block 4."
Said property being also described as a strip of land 25 feet in
width lying southerly of the following described line:
"Commencing at the southeast corner of the west half of
the northeast quarter of Section 13, Township 116,
Range 23, Carver County, Minnesota and thence southerly
along the east line of the northwest quarter of the
southeast quarter of said Section 13, 355.68 feet to
the true point of beginning of the line to be described
which point is also on the east line of Outlot A,
Hidden Valley; thence north 84 degrees, 34 minutes, 13
seconds east, 498.14 feet; thence north 88 degrees, 56
minutes, 33 seconds east, 625.38 feet; thence north 70
degrees, 28 minutes, 33 seconds east, 218.45 feet more
or less to a point on the west line of the northwest
quarter of the southeast quarter of Section 13 which
line is also on the west line of Lot 28, Block 4,
Hidden Valley, Chaska, Minnesota."
This grant of easement is made upon the following terms and
conditions:
1. Grantee's use of the easement right of way granted
herein shall be strictly 1 imi ted to a right of way to or from
that certain property lying to the east of Outlot A Hidden Valley
from or to the property lying to the west of Lot 28, Block 4,
Hidden Valley, Carver County, Minnesota, and for use by
pedestrians only and in no event for the purpose for vehicular or
motorized vehicle traffic.
1.1. (] 1.
.;."~~'-
,...~....~~_.;..~.P!It___-.~f ....i~IICIrr;..,......_\...:"....,:.:-_~4i!'..;;~.it.;.~~_:,
1'"'
e
e
e
oot;
"
2. Any improvements made wi thin the easement grant shall
be consistent with the use of the easement as granted herein and
shall not consist of any improvements other than preparation of a
walking surface for pedestrians only. In no event shall the free
travel across the easement granted herein to or from any of
Grantor's lots or portions of lots lying to the northerly and
southerly of said easement right of way be impeded or hindered by
the improvements which may be constructed and maintained by
Grantee.
3. Any improvements within the easement granted herein
shall be constructed and maintained in a good and workmanlike
manner and kept as safe for public pedestrian travel as possible.
The expense of construction and maintenance thereof shall be
borne by the Grantee; and Grantor and its ass igns shall not be
liable for or assessed for any expense or cost in connection with
any liability, damages, or personal injuries in connection with
the construction, maintenance or use of the easement granted
herein.
4. Grantee agrees to replace and restore any sodding or
grass which may have been destroyed or damaged through the
installation, construction, maintenance or repair of any improved
walkway surface constructed within the easement right of way.
5. The benef its and burdens of this indenture shall run
with the land and be enforceable at law or in equity by Grantor,
its successors and assigns with respect to the property
encumbered by the easement granted herein. Grantee may not assign
or transfer any interest, right or ti tIe wi th respect to the
easement granted herein except to release or vacate the same back
to the Grantor, or its successors and assigns in interest of the
land encumbered by said easement.
6. By accepting and filing this easement deed of record,
Grantee agrees to be bound by the conditions set forth herein.
IN WITNESS WHEREOF, the undersigned has executed this
Easement Deed as of the date first above stated.
UNITED MORTGAGE CORPORATION
---~~'">:-:-.,-~-~
...- -~. . -~ --.
By ~./-~/~
Its Asst.Vi~e President
.t..t. 6<
,.~..<~~....#-,,- -.;....ol~~il/ie;;.'..
J..._.o;....f.;,ii/:-_:,;.~:;.4::..;J...;..~iUa- ;
M"\. I
.. ..
. , .
..
." "
e
e
STATE OF MINNESOTA
COUNTY OF Hennepin
The foregoing was
January , 1986,
Asst. Vice President
Corporation, a Minnesota
corporation.
J~~.,,:::'~. -..A;' ;":r-:;;:-A,~; ;C'''n,,~ i
~').." I . . - 'j. . ..' I~ _,,, 'f
. 0 :::c ,':)-'ov''''''f' "'''''1<OTA I
I, .'\ .~...: ." .. ~,,,,.,.;'" ',.. -C). ""TY' , !
..... _ ..... I \..... __"
.""., -:';'-.~r~'c"c";I"'l~ ......::'r.c:c. ........::riI13, 1991
--'I ~ ~ _____"...:,.._ , ,
acknowledged before me this
by Ronald C. Helmer
of
corporation, on
16th day of
, the
United Mortgage
behalf of the said
THIS INSTRUMENT DRAFTED BY:
MAUN, GREEN, HAYES, SIMON,
JOHANNESON AND BREHL
3500 West 80th Street
Suite 520
Minneapolis, Minnesota 55431
(612) 835-9550
.;>
~,,0;7
.,,\)1
~}
G\)
,r
DOCUMENT NO. 75SGtl
OFACEOFCOUNTYRECORDER
STATE OF MINNESOTA
COUNTY OF CARVER
This is to certify that this document
was filed in this office on the atiliday
Of~fY), 19~A.D. at ~o'clock
~M. and was duly recorded on roll
Iq~lo-ol of microfilm pageJl.!tl:../llo-3
Carl W. Hanson Jr.
County Recorder
by: ~~L a) xL... A...Il ~AL
.~
.'" o~.
" \:,~ ~
...... + .,
.-:;- c;'>-> ,...
~\~
.:(-letJ
,::",':~".IL:-';',:':",:,>:'- W"1-in At ."'f.~~... ~.... ,'", Co ~.t.~l.l-t~,'r'~lJ';~-~;~'
, . . .
<<
.
.
(
t?r,f"t-J .12 &<1 .~.. . i n.f l' C:t:.
(
McCombs Frank Roos AssOCiates, Inc.
St Cloud
15050 23rd Ave. N.
Plymouth, MN
55447
Telephone
612/476-6010
Engineers
Planners
Surveyors
Twin Cities
PROPOSED TRAIL EASEMENT
HIDDEN VALLEY
A permanent easement for trail purposes over, under and across that part of
Outlot A and Lots 28 thru 35, inclusive, Block 4, HIDDEN VALLEY, according to
the recorded plat thereof, Carver County, Minnesota, lying 20.00 feet
northerly, northwesterly and northerly of and parallel with the following
described line:
Commencing at the southwest corner of said Lot 28; thence on an assumed
bearing of No degrees, 27 minutes, 53 seconds East, along the West line of
said Lot 28, a distance of 61.42 feet to the point of beginning; thence
North 79 degrees 29 minutes 09 seconds East 315.73 feet; thence South 73
degrees 49 minutes 34 seconds East 74.78 feet; thence North 79 degrees 45
minutes 32 seconds East 155.26 feet; thence North 85 degrees 25 minutes 17
seconds East 274.07 feet; thence South 82 degrees 25 minutes 26 seconds
East 296.60 feet; thence South 88 degrees 10 minutes 40 seconds East 80.09
feet to the intersection with the southeasterly line of said Lot 35; thence
northeasterly along said southeasterly line and its northeasterly extension
90.35 feet; thence North 84 degrees 34 minutes 13 seconds East 89.37 feet
to the intersection with the east line of said Outlot A and said line there
terminating.
117663
5/04/88
Formerly McCombs-Knutson Associates. Inc.
-:-.. .
.' .;~J4;'_~";~"M~..lt~-~i:T'_:'~' ~t-~~..'''J .Ji1iL.-rnl<r+~,,"
~
~
~
~
~}~ .l'
~J \ ~--
,..: I ~ \
,'~'-I \
~ I ~ I
t I
- ,', 1
-_..- . .-.. ...."'w...
,-\ :.; :..: f
\J ~ ~
~ .6
,t ~
~ -r
\:
\l
~
1
"-
J.,.\:sJ
~
.0
"'I- I
~ ~'"
. 'U~ z
~ ,,'" 0
---..... ~---,..~
--mo ,_ 0..
"!Il \) W
~" ,,~ 0
~I~'; ><
~~ ~~ W
~~
..
o/' .5'~t:. /3 '.-i,',:,'
iJ
~
~ <.
~ ~
~;::.
<t
- /03G.23 -
#(;027'53" L'
,~--\.'
-
'a~. """
~.,.
-'i
: ~
....,J
'~
09973
,f
'1
. .....~.-,;.~.~.;:1iIIiR-,F;:.;..
_ . ';'-i)~. '~
,;,,__..........\-~~;r{~~..._~l~ l:i~-..aw..~..i. -__.~_.~.,._'--:.,..."".,;.;.~ ~--:--.:.:.....:~ ;-,h.~