1h. Barto Purchase Agreement: Approve Easement Agreement
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952,227.1100
Fax: 952,227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952,227,1190
Engineering
Phone: 952,227,1160
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2310 Coulter Boulevard
Phone 952,227.1400
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Natural Resources
Phone: 952.227,1130
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Public Works
1591 Park Road
Phone 952,227.1300
Fax: 952,227,1310
Senior Center
Phone: 952,227.1125
Fax: 952,227.111 0
Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM O.
TO: Paul Oehme, Director of Public Works/City Engineer'? '
ozY .
Barto Purchase Agreement, Lakota Lane Right-of-Way, Project 09-01:
Approve Easement Agreement
FROM:
Alyson Fauske, Assistant City Engineer
DATE:
July 13,2009
SUBJECT:
PROPOSED MOTION
"The City Council approves acquisition of the easement for roadway, drainage and utility
purposes, and the Mayor and City Manager are authorized and directed to execute all
documents, and take all appropriate measures to acquire the easement under the tenns of the
Easement Agreement."
City Council approval requires a Simple Majority vote.
BACKGROUND
On June 22, 2009 the City Council approved the
purchase ofright of way from the Bartos for the
construction of the City's standard 90 foot diameter cui
de sac at the east end of Lakota Lane.
After further consultation with the City Attorney, Staff
was advised that the purchase of an easement, rather
than fee ownership of the subj ect property was more
appropriate. The easement purchase price is $5,600.
The purchase price has not changed since the use of the
property and the Barto's loss of use has not changed.
400
lakota
lane
"
415
lakota
lane
425 lakota
Lane
~
445 Lakota
lane
Attachments
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GRANT OF PERMANENT EASEMENT
RUSSELL J. BARTO and YVONNE L. BARTO, husband and wife, "Grantors", in
consideration of Five Thousand, Six Hundred and No/lOO Dollar ($5,600.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby
grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee,
hereinafter referred to as the "City", its successors and assigns, a permanent easement for
roadway, drainage and utility purposes over, on, across, under and through the land situated in
the County of Carver, State of Minnesota, as legally described on the attached Exhibit A.
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 roadway, drainage and utilities 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 roadway, drainage and utility easement.
The above named Grantors, for themselves, their heirs and assigns, do covenant with the
City, its successors and assigns, that they are well seized in fee title of the above described
easement premises; that they have the sole right to grant and convey the easements to the City;
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that there are no unrecorded interests in the easement premises; and that they will indemnify and
hold the City harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this_
day of
,2009.
GRANTORS:
Russell J. Barto
Yvonne L. Barto
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
2009, by Russell J. Barto and Yvonne L. Barto, husband and wife.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
AMP/cjh
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EXHIBIT" A"
TO
GRANT OF PERMANENT EASEMENT
A permanent easement for roadway, drainage and utility purposes over, under and across that
part ofthe Northeast Quarter of the Northwest Quarter of Section 36, Township 116 North,
Range 23 West of the 5th Principal Meridian, Carver County, Minnesota, described as follows:
Commencing at the northwesterly comer of Lot 5, BLUFFVIEW ADDITION, Carver County,
Minnesota as monumented; thence southwesterly along the northerly line of said plat as
monumented, a distance of 54.32 feet; thence northeasterly at an angle of 27 degrees 24 minutes
00 seconds (as measured east to north from said northerly line) a distance of71.71 feet to a point
distant 33.00 feet (as measured at right angles) northerly ofthe northerly line of said plat of
BLUFFVIEW ADDITION, the actual point of beginning of the land to be described; thence
continuing northeasterly along the last described line a distance of 127.52 feet; thence deflecting
to the right at an angle of 39 degrees 48 minutes 30 seconds a distance of 45.45 feet more or less
to the intersection with a line drawn southerly from the north quarter comer of said Section 36, to
the northeasterly comer of said Lot 5, BLUFFVIEW ADDITION as monumented; thence
northerly along said last described line, a distance of 658.36 feet to the north quarter comer of
said Section 36; thence westerly along the north line of said Section 36, a distance of 317.10 feet;
thence deflecting to the left at an angle of 80 degrees 02 minutes 40 seconds a distance of716.80
feet to the intersection with a line drawn parallel with and distant 33.00 feet northerly (as
measured at right angles) of the northerly line of said plat of BLUFF VIEW ADDITION, as
monumented; thence easterly along said parallel line to the point of beginning; SAID RIGHT-
OF- WAY lies within the circumference of a circle having a radius of 49.80 feet and a center
point described as follows: Commencing at the northeast comer of Lot 4, BLUFFVIEW
ADDITION as monumented; thence southwesterly along the northerly line of Lot 4,
BLUFFVIEW ADDITION as monumented a distance of 54.32 feet; thence northeasterly,
deflecting to the right 152 degrees 36 minutes 00 seconds a distance of 189.69 feet; thence
northwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds a distance of29.47 feet to
said center point; EXCEPT that part of the North Half of said Section 36 described as follows: A
50.00 foot wide strip being 25.00 feet on each side of the following described centerline:
Commencing at the northeast comer of Lot 4, BLUFFVIEW ADDITION, according to the
recorded plat thereof; thence westerly, along the northerly line of said lot, a distance of 54.32
feet to the point of beginning of the centerline to be described; thence northeasterly, deflecting to
the right 152 degrees 36 minutes 00 seconds a distance of 199.23 feet to a point hereinafter
referred to as Point "A"; thence easterly, deflecting to the right at an angle of39 degrees 46
minutes 28 seconds, a distance of 45.45 feet, more or less, to its intersection with a line drawn
from the northeast comer of Lot 5, said plat of BLUFF VIEW ADDITION, to the North Quarter
comer of said Section 36 and said centerline there terminating; AND EXCEPT that part of the
North Half of said Section 36 which lies within the circumference of a circle having a radius of
40.00 feet, the centerline of said circle is the aforementioned Point"A".
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MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT EASEMENT
KLEINBANK, D/B/A KLEINMORTGAGE, holds a mortgage on all or part of the
property more particularly described in the foregoing Grant of Permanent Easement, which
mortgage is dated February 15,2006 and filed of record on March 3, 2006, as Document No. A
435947, with the office of the County Recorder for Carver County, Minnesota, for good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby join in, consent, and is subject to the above referenced Grant of Permanent Easement.
KLEINBANK, D/B/A KLEINMORTGAGE
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _ day of
2009, by the of Kleinbank,
d/b/a Kleinmortgage, a Minnesota corporation, on behalf of said corporation.
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
AMP/cjh
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