1M Outlot A, Kellynne Addition CITYOF
7700 Market Boulevard
PO Box 147
Chanhassen. MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1i80
Fax: 952.227.1190
Engineering
Pn,~ne: 952.227.1160
Fa>:: 952.227.1170
Finance
P~}one: 952.227.1140
Fa'< 952.227.iii0
Park & Recreation
P;;cne: 952.227. t120
Fa~:: 952.227.i110
Recreation Center
23i0 Courter Boulevard
Phone: 952.227.1400
Fax: 952.227.i404
Planning &
Natural Resources
Phone: 952.227.!130
Fa~: 952.227.1110
Public Works
i59! Park Road
Phone: 952.227.i300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
~;~',;','.ci.chanhassen.mn.us
TO:
FROM:
Todd Gerhardt, City Manager
Sharmeen A1-Jaff, Senior Planner
DATE: July 22, 2002
SUB J:
Approve Termination of Access Easement and Grant of Utility
and Drainage Easement over Outlet A, Kellynne Addition
On July 8, 2002, the City Council approved revoking the Conditional Use Permit
attached to Outlet A, Kellynne Addition, with the following conditions:
.
A drainage and utility easement shall be dedicated over Outlet A in
favor of the city, conveyed to the city over Outlet A.
Outlet A shall be combined with the adjacent property, under a single
Parcel Identification Number.
The attorney representing Mr. Peterjohn (the applicant) has drafted a document to
be signed between the City and the Peterjohns. This document releases the
lakeshore access easement and grants the utility and drainage easement that the
city has required.
Roger Knutson, City Attorney, has reviewed this document and deemed it
acceptable; however, it requires City Council approval.
ICity Owned Lot 3 Block 1
Block 1 1Lot 2 Block 1 _
Lot 1 ~ I ~-~°
Hawthorne Circle ~ t Lot 4 Block 1 ]l -~
Outlot A "-
City Owned ~
I
ft~e Oily of 6hanilassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, wnding trails, and beautiful parks. A grot place to live. work, and play.
Todd Gerhardt, City Manager
July 26, 2002
Page 2
RECOMMENDATION:
Staff recommends the City Council approved the attached document entitled
"Termination of Access Easement and Grant of Utility and Drainage Easement."
ATTACHMENT
1. Document Titled "Termination of Access Easement arid Grant of Utility
and Drainage Easement"
07-11-02 16:34 From-KENNEDY & GRAVEN
T-??2 P.O2/O4 F-335
TERMINATION OF ACCESS EASEMENT AND GRANT OF EASEMENT DRAfNAGE
AND UTILITY EASEMENT
This Termination of Easement entered into this___ day of _, 2002, by m~d mnong,
David _ Peterj'ohn and Sally _ PeterjoM, husband and wil~ CPeterjobn") and the City of
Chanhassen, a mun/cip.,d corporation (the "City").
RECIT.~kLS:
WHEREAS, Pelerjohn is the owner of Lot I, Block 1, KELLYNNE, Carver Cotmty
Minnesota (the "Peterjohn Lot") and Outlot A, KELLYNNE, Carver County Minnesota COmlot
A");
WHEREAS, the City is the owner of Lot 2, Block 1, and Lot 1, Block 2, KELLyNrNE,
Carver County Minnesota (the "Cit), Lots");
WHEREAS, by instmmen, dated June 14, 1979, by Jmnes K. McCleary and Carolymae
McClem3,, filed with the Carver Comity Recorder on July 13, 1979, as Docmnem No.____________ (the
"Access Easement"), a perpetual easement was created over Outlot A to the sl~ore of Lake
Mirmewashta for the benefit of the Peterjohn Lot and the City Lots;
WHEREAS, Pe,erjohn has since acquired both the Peterjohn Lot and Outlot A;
WHEREAS, neither the Pete~ohn Lot nor the City Lots are in need of access over Ouflot A
m the shore of Lake M~nnewashta;
LMm,.'.217505 v 1
P£385-1
07-11-02 16:34 From-KENNEDY & GRAVEN +6123379310 t-??g P.03/04 F-335
WHEREAS, both Peterjolm and the City desire to zemainate the Access Easement and the
rights granted ~heretmder;
WHEREAS, the City requires Pe,erjotm to grant a pemmnen~ drainage and utility easement
over Our. lot A.
NOW, THEREFOR.E, for valuable consideration, the parties hereto hereby agree as follows:
1. Peterjohn, as owner of the Peterjohn Lot, and the City, as owner of the City Lots,
hereby release, discharge, and terminaze the Access Easement and all rights granled thereunder.
2. Peterjotm hereby grams and conveys to the City a perpetual drainage and utility
easemem on, over, and across Outlo~: A.
IN WITNESS WHEREOF the m~dersigned have exectlted fl:~is instrtm-~ent fl~e day and date
Iirst above rnentioned.
David ~ Peterj otto
Sally ~ Peterjohn
The City of Chanhassen
By
By
its
LMW-217505~ l
PE38~-I
16:34 From-KENNEDY & GRAVEN
T-??~ P.04/04 F-$3§
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me
2002, by David __ Peter~ohn and Sally__ Peterjohn, husband and wife.~
day of
STATE OF MINNESOTA
COUNTY OF ~
--
SS.;
Notary Public
The foregoing instrument was acknowledged before me this
, 2002, by day of
.__ , the and and
re~]3ectively, of file City of Chanhassen, a municipal corporation under the laws of l~'finnesota by
m~d on behalf of said corporation.
Notary Public
This documem drafted by:
Larry M. Werrheim
Kennedy & Graven, Chartered
470 Pillsbury Center
Minneapolis, MN 55402
LM~'-217505v[
P£385-t