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1b Easement Agree TH 101 Trail Tho mas J. Ca mpbei! Roger N. Knutson Thomas NJ. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl~ CAMPBELL KNUTSON Professional Association ,~ttorneys at Law (65 I) 452-5000 Fax (651) 452-5550 Writer's Direct Dial: (651) 234-6214 Writer's e-mail: mfoli~ck-law.com John F. Kelly Nlatthew J. Foli Soren M. blattick Marguerite SI. McCarron Gina M. Brandt Ms. Teresa Burgess City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 November 5, 2002 OITY OF -, ., ENGINEEalNG ~-,,~ R.e' Chanhassen Project Nttmber: 97-12-3 Parcel 5 - McA uley Dear Ms. Burgess' Please present the enclosed Temporary Trail Construction Work Agreement to the City Council for approval. Upon approval, please make payment to Steven A. McAuley and Beth A. McAuley in the amount of $150.00. Sincerely, CAMPBELL KNUTSON ?rofessional Association Matthew J. Folk" MJF:dmo Enclosure cc: Steven A. and Beth A. McAuley Suitu 317 · Ea~andale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 AGREEMENT REGARDING TEMPORARY TRAIL CONSTRUCTION WORK THIS AGREEMENT, dated October ~i , 2002, by and between Steven A. McAuley and .: Beth A. McAuley, husband and wife ("Landowners") and the City of Chanhassen, a Minnesota municipal corporation ("City"). Landowners, in consideration of One Hundred Fifty Dollars ($150.00), do hereby consent and grant unto the City and its agents the fight to temporarily enter upon the real property described on the attached Exhibit "A" ("Subject Property") for the purpose of constructing a public trail ("Trail") to be located on the adjoining Tnmk Highway No. 101 right-of-way. The City will construct the Trail according to its plans for the Chanhassen City Project No. 97-12-3 (Trunk Highway No. 101 Trail) on file with the City Clerk. Upon completion of the Project, the City will ensure that the Subject Property [including (a) other property, if any, owned by Landowners, adjacent to the Subject Property, disturbed by the Project, and (b) other public right-of-way property, adjacent to the Subject Property, disturbed by the Project] is returned to a condition equal or better to that in existence before construction, to the Landowners' reasonable satisfaction. It is anticipated that the trail work will be substantially completed in 2002, with some final restoration work to be performed in 2003 after which time this consent will terminate. The City has previously agreed to construct a six (6) foot tall wood fence, in accordance with the specifications identified on the attached Exhibit "B", adjacent to the Trail the length of parcel 4 (31 Hill Street) and parcel 6 (10 Hill Street). The City agrees to connect these two fences; the connecting fence shall be located between the Trail and the easterly edge of Hill Street. After construction of the fence, the City shall be responsible for and shall pay the cost of all reasonable maintenance for the fence. The undersigned shall grant the City access to the Subject Property for future fence maintenance. If, due solely to the construction of the Trail, any tree, six inches or greater in diameter and located on Landowners' property, dies within three years of completion of the Project, the City agrees to remove the dead tree(s) and compensate Landowners at a rate of $1,000.00 per tree. If, due solely to the construction of the Trail, any tree, less than six inches in diameter and located on Landowners' property, dies within three years of completion of the Project, the City agrees to remove the dead tree(s) but wilt not compensate Landowners for the dead tree(s). n A. McAuley ~v' Beth X. M'cAuley CITY OF CHANHASSEN By: Lflnda C. Jansen, Mayor Todd Gerhardt, City Manager EASEMENT EXHIBIT (,NO. 5) TRUNK HIGHWAY 101 TRAIL TEMPORARY EASEMENTS OWNER: STEVEN A. &: BETH A. MCAULEY ADDRESS: 20 HILL STREET CHANHASEN, MN 55517-9586 PROPERTY i.D. NO.: 25.8400100 TEMPORARY EASEMENT AREA = 298 SQ. FT Steven A. &: Beth A. Mcouley 20 Hill Street ! NORTHEASTERLYI LINE OF LOT 12 TEMPORARY EASEMENT--x% MOIST EASTERLY CQRNER OF LO-[ 12 l ! l Scole in feet I hereby certify that this survey was prepared by me or under my supervision and that I om o duly registered land surveyor under Minnesota Statutes Section .326.02 to 526.16 ~'oyd E. "~ew 7-/O-----o z__ Re9. No. 18421 0ore' 0 50 60 ~-~ Hansen Thorp Pellinen Olson Inc. [~ Engineers Surveyors Landscape Architects 7510 Market Place Drive Eden Prairie, MN 55.344--3644 (612) 829--0700 FAX (612) 829--7806 Pome 1 of 2 Pomes EASEMENT EXHIBIT (No. 5) TRUNK HIGHWAY NO. 101 TRAIL Owner: Steven A. Beth A. Mcauley Address: 20 Hill Street Property Identification No.: 25.8400100 EASEMENT DESCRIPTION: A temporary easement for trail construction purposes over, under and across that part of Lot 12, Block 1, SUNSET VIEW, lying easterly of a line drawn from a point on the southeasterly line of said Lot 12, distant 25 feet southwesterly from the most easterly comer of said Lot 12 to a point on the northeasterly line of said Lot 12 distant 25 feet northwesterly of the most easterly comer of said Lot 12. Page 2 of 2 Pages Ld xl-'- : LO ! <E oS ? W A °eq IL°.__ 125.1..1_i r'r' t.l_lN "'~ co:> x 0 -d = ,,-- --IW Z OZ O0 ~00 Thomas J. Carat, bell Roger N. Knutson Thomas M. Scott Elliott B. Knetsc¼ Joel J. Jamnik Andrea McDowe[l Poehler Matthew K. Brokl* *.4!s¢ ~icen_~.ed in CAMPBELL KNUTSON Professional Association Attorneys at Law (651) 452-5000 Fax (651 ) 452-5550 Writer's Direct Dial: (651)234-6214 Writer's e-mail: rn£oli~ck-law.com John F. Kelly Matthew J. Foil Soren M. Mattick Marguerite M. McCarron Gina M. Brandt November 7, 2002 Ms. Teresa Burgess City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Chanhassen Project Number: 97~12-3 Parcel 25 - Price Dear Ms. Burgess' Please present the enclosed Temporary Trail Construction Work Agreement to the City Council for approval. Upon approval, please make payment to Bryan D. Price and Joellen M. Price in the amount of $1,484.00. Sincerely, CAMPBELL KNUTSON Professional Association BY-: . MJF:dmo Enclosure cc: Bryan D. and Joellen M. Price CITY OF CHANHASSEN NOV 0 8 ZOO?. E, NGtNEc'tqlNG DEPT, Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 AGREEMENT REGARDING TEMPORARY TRAIL CONSTRUCTION WORK THIS AGREEMENT, dated ~o~/. ~ ,2002, by and between Bryan D. Price and Joellen M. Price, husband and wife ("Landowners") and the City of Chanhassen, a Minnesota municipal corporation ("City"). Landowners, in consideration of One Thousand Four Hundred Eighty-four Dollars ($1,484.00), do hereby consent and grant unto the City and its agents the right to temporarily enter upon the real property described on the attached Exhibit "A" ("Subject Property") for the purpose of constructing a public trail ("Trail") to be located on the adjoining Tnmk Highway No. 101 fight-of- way. The City will construct the Trail according to its plans for the Chanhassen City Project No. 97-12-3 (Trunk Highway No. 101 Trail) on file with the City Clerk. Upon completion of the Project, the City and its agents xvill restore the Subject Property to a condition as nearly equal as possible to that which existed before construction. Landowners understand that the City will be grading a drainage swale within the area of the drainage and utility easement as dedicated on the plat of COLONIAL GROVE AT LOTUS LAKE 2ND ADDITION. The City agrees to replace the existing fence if it is damaged or removed as part of construction or grading. It is anticipated that the trail work will be substantially completed in 2002, with some final restoration work to be performed in 2003 after which time this consent will terminate. LANDOWNER: BryantD. Price .Jo_ellen M. Price CITY OF CHANHASSEN By: Linda C. Jansen, Mayor By: Todd Gerhardt, City Manager EXHIBIT "A" Real property located in Carver County, Minnesota. A temporary construction easement over, under and across the west 5 feet of the east 7 feet of Lot 15, Block 4, COLONIAL GROVE AT LOTUS LAKE 2ND ADDITION, lying south ora 1/ne drawn perpendicular to the east line of said Lot 15 from a point distant 100 feet north of the most southerly comer of said Lot 15. A temporary construction easewnent over, under and across the east 3 feet of said Lot 15 lying north of a line drawn perpendicular to the east line of said Lot 15 from a point distant 100 feet north of the most southerly comer of said Lot 15. EASEMENT EXHIBIT (NO. 25) .TRUNK HIGHWAY 101 TRAIL TEMPORARY AND PERMANENT EASEMENTS OWNER: BRYAN D, &:: JOELLEN M. PRICE ADDRESS: 7006 SANDY HOOK CIRCLE CHANHASSEN, MN 55517-9515 PROPERTY I.D. NO.: 25.2400280 TEMPORARY EASEMENT AREA = 894 SQ. FT. PERMANENT EASEMENT AREA = 198 SQ. FT. L O C K EAST LINE OF LOT 15 COLONIAL GROVE AT LOTUS LAKE 2ND ADDITION 15 l~r'xon D. & Joenen M. Pr~:e 7006 So~d¥ Hook Circle TE PERMANENT EASEMENT 1 OF LOT 15 ! hereby certify that this survey was prepared by me or under my supervision and that I am a duly registered land surveyor under Minnesota Statutes Section .326.02 to .526.16 Lloyd E. Reg. No. 18421 Dote: ./~'~/.~----~_.2 Z__ Scale in feet 0 50 1 }~-~ Hansen Thorp Pellinen Olson Inc. ~L~ Englneera Surveyora Londscope Archlte( ~ ' . 7510 Market Place Drive Eden Prairie, MN 55344--.3644 (~"!_?~ A?_q,-OTntn I:"_~y. (F;12_~ 829-7806