1e Sunrise Hills EasementCITYOF
CHANHASSEN
7700 Markd Boulevard
PO Box 147
C,,~,~h,~s~.,. MI,i 55317
Administration
, nu.~. 952.227.1100
r-~ ,. 952.227.1110
Building Inspections
Ph ;.ne: 952.227.1180
F~:: g52 227.1i90
Engineering
_;~: 952.227.1 !6,3
Finance
?c'e. 952._;2;7.i140
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Park & Recreation
?-'. ?? :-,: ~ ~. ,~.
~_<reit;o,-.'r
?;:::9:g52 227.!409
952,227.i404
Planning &
Natural Resources
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Public Works
i591 Park Road
Pt:cne: 952.227.1300
F~,,~: 952.227.i3i0
Senior Center
Phone: 952.227.i i25
Fz×: 952.227 !110
Web Site
.ch~;hassen ,mn us
MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
Teresa Burgess, Public Works Director/City Engineer
E ' '
Matt Saam, Assistant City ngineerf,{~
August 20, 2002
Approve Access Easement Agreement with Sunrise Hills
Homeowners Association for Lift Station No. 1
Project No. PW055A
REQUEST
Staff recommends the City Council approve the attached easement agreement
with Sunrise Hills Homeowners Association (HOA) and compensation in the
amount of $20,000.
BACKGROUND
In April 2001, after an emergency call to LS #1, the City discovered that there
was inadequate easement in place for access to the lift station through the Sunrise
Hills HOA lot. The existing gravel drive off of Frontier Trail is what City staff
has always used to access the site. There is an existing public easement which
runs along the lake and covers the sewer line and lift station, only. The City also
owns a small, 3-foot wide sliver of property off of Frontier Trail which the gravel
drive crosses.
DISCUSSION
Lotus Lake
Over the past year, staff has had numerous meetings and site visits with the
Sunrise Hills HOA. After much negotiation, staff has reached a mutual
agreement with the Sunrise Hills HOA. In exchange for the access easement, the
City will compensate the property owner $20,000. The City will also be installing
a brick paver surface over the portion of the access drive that is outside of the
existing gravel drive.
The City' of Chanhassen · A growing communily with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautilul parks. A great place to live. work. and play.
Teresa Burgess
August 20, 2002
Page 2
h~ 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 Hill 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 Chamhassen City Council approves the attached easement agreement
between the City of Chanhassen and Sunrise Hill HOA.
jms
Attachment: Easement Agreement
C:
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
OFFICIAL EN~;'r~r. EFilNG COPY
Received , , ~ --
Revision No .......... - --
Approved by City Engllleer
Date ~'/?-t / c., ~_ -~ i~
Approved by City ~
(Reserved for Recording Data)
GRANT OF PERMANENT EASEMENT
THIS AGREEMENT made this__ day of
,2002, by and between
SUNRISE HILLS CIVIC ASSOCIATION, a Minnesota corporation, hereinafter referred to as
"Grantor", and the CITY OF CHANHASSEN, a Minnesota municipal corporation, the
Grantee, hereinafter refen'ed 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 ackmowledged, 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
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the easement area at all reasonable times as necessary to repair and maintain the easement
for purposes of providing adequate ingress and egress to the lift station.
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
permanent easement premises and that it has the sole right to grant and convey the easement to
the City.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this Agreement the day
and year first above written.
GRANTOR:
SUNRISE HILLS CIVIC ASSOCIATION
By:
Its:
STATE OF MIN~qESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this __ day of
,2002, by the
of Sunrise Hills Civic Association, a Minnesota corporation, on behalf of
said corporation, Grantor.
Notmy 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
100715 2
EXHIBIT A
Proposed Easement for Driveway:
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 Milmesota described as
comlnencing at the Northwest comer of said Outlot 1 and said Tract A; thence N 83° 49' 10" E
on an assumed bearing along the Northerly line of said Tract A a distance of 300.26 feet; thence
S 07° 48' 34" W a distance of 8.09 feet to the point of beginning of the easement to be described;
thence continuing S 07° 48' 34" W a distance of 20.82 feet; thence on a non-tangential curve
having a radius of 27.00 feet concave to the Southeast having a central angle of 67° 55' 18" a
distance of 32.01 feet and having a chord bearing of S 30° 25' 31" W; thence S 03° 32' 08" E
tangent to last described curve a distance of 13.96 feet; thence S 39° 03' 34" W a distance of
29.55 feet; thence N 03° 32' 08" W a distance of 28.30 feet; thence on a tangential curve concave
to the Southwest having a radius of 27.00 feet a central angle of 94° 46' 48" a distance of 44.66
feet; thence S 81° 41' 04" W, tangent to said curve a distance of 151.98 feet; thence N 88° 19'
05" W 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 S 89° 19' 05" E a distance of
80.64 feet; thence N 81° 41' 04" E a distance of 222.34 feet to the point of beginning.
g:',,engXpublic\pxv055a (sunrise hills lilt station)\exhibit a.doc
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SURVEY LINE ~..
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