1l Agree Sunrise Hills HOA
Teresa Burgess
November 19, 2002
Page 2
In addition, City staff sees no reason to retain the small sliver of property off of
Frontier Trail which the existing gravel drive crosses over. The proposed access
easement covers the entire gravel drive so the City's access issues will be
addressed. As such, the City will be deeding the small sliver of property to the
Sunrise Hills HOA at a later date.
The city attorney's office has previously reviewed the easement.
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
"The Chanhassen City Council approves the attached easement agreement
between the City of Chanhassen and Sunrise Hills HOA.
jms
Attachment: Easement Agreement
Lori Haak, Water Resources Coordinator
Tom Scott, City Attorney
Pat Pavelko, President - Sunrise Hills HOA
g:\eng\public\pw055a (sunrise hills lift station)\approve easement agreement.doc
(Rese~a, ed for Recording Data)
EASEMENT AGREEMENT
THIS AGREEMENT made this ~ day of ,2002, by and between
SUNRISE HILLS CIVIC ASSOCIATION, a Minnesota corporation, hereinafter referred to as
"Grantor", and the CIT.Y OF CHANHASSEN, a Minnesota municipal corporation, the
Grantee, hereinafter referred to as "City".
WITNESSETH:
The Grantor in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration to it in hand paid by the City, the receipt and sufficiency of which is
hereby acknowledged, does hereby grant and convey to the City, its successors and assigns,
forever, a permanent easement over, on, across, under and through the land situated in the
County of Carver, State of Minnesota, legally described on the attached Exhibit "A" for the
purpose of ingress to and egress from the City's lift station situated on Tract A, Registered Land
Survey No. 16, Carver County, Minnesota.
100899 i
The City will do the following:
(1) Repair and maintain the portion of the existing gravel road located within the
City's easements which also serves as a beach access road for Grantor's association members.
(2) Install and maintain a brick paver roadway and any appurtenant storm water
structure from the existing gravel road to the existing lift station.
(3) Before the City makes any changes to the gravel road, it will notify, discuss and
coordinate any intention to alter the existing gravel driveway with Grantor.
(4) The City will not install a locked gate to control access. If there is a problem with
trespassing in the future, the City will work with Grantor to find a way to lock the gate.
The above named Grantor, for itself, its successors and assigns does covenant with the
City, its successors and assigns, that ii is well seized in fee title of the above described
permanent easement premises and that it has the sole right to grant and convey the easement to
the City.
IN TESTIMONY WHEREOF, the parties hereto have signed this Agreement the day
and 5,ear first above written.
SUNRISE HILLS CIVIC ASSOCIATION
By:
Pat Pavelko
Its: President
CITY OF CHANHASSEN
100715
(SEAL)
By:
And:
Linda C. Jansen, Mayor
Todd Gerhardt, City Manager
2
STATE OF MINNESOTA )
(SS.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
,2002, by Linda C. Jansen and by Todd Gerhardt, respectively the Mayor and
City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of
,2002, by Pat Pavetko the President of Sunrise Hills Civic Association, a
Minnesota corporation, on behalf of said corporation, Grantor.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
TmS/cjh
~00715 3
EXHIBIT "A"
A perrnanent driveway easement for ingress and egress purposes over, under and across the following
described property:
That part of Outlot 1, Sunrise Hills Second Addition and of Tract A, Registered Land Survey No. 16,
files of the Registrar of Titles, County of Carver and State of Minnesota described as commencing at the
Northwest corner of said Outlot 1 and said Tract A; thence North 83° 49' 10" East on an assumed
bearing along the Northerly line of said Tract A a distance of 300.26 feet; thence South 0'7° 48' 34"
West a distance of 8.09 feet to the point of beginning of the easement to be described; thence continuing
South 0'7° 48' 34" West a distance of 20.82 feet; thence on a non-tangential curve having a radius of
2'7.00 feet concave to the Southeast having a central angle of 6'7° 55' 18" a distance of 32.01 feet and
having a chord bearing of South 30° 25' 31" West; thence South 03° 32' 08" East tangent to last
described curve a distance of 13.96 feet; thence South 39° 03' 34" West a distance of 29.55 feet; thence
North 03° 32' 08" West a distance of 28.30 feet; thence on a tangential curve concave to the Southwest
having a radius of 2'7.00 feet a central angle of 94° 46' 48" a distance of 44.66 feet; thence South 81° 41'
04" West, tangent to said curve a distance of 151.98 feet; thence North 88° 19' 05" West a distance of
95.11 feet to the Westerly line of said Outlot 1; thence Northeasterly along the Westerly line of said
Outlot 1 a distance of 23.'72 feet; thence South 89° 19' 05" East a distance of 80.64 feet; thence North
81° 41' 04" East a distance of 222.34 feet to the point of beginning.