1l. Chanhassen East Business Center: Installation of Electrical Lines in City Watermain Easement.I MEMORANDUM
1
C ITY OF
----
CHANHASSEN
690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Charles Folch, Director of Public Works
Action by CW AA►nIrAW3tel►
Endo ►sed A-
Modif A ..
Rejecte ..
Dat
Date submitted to CommiMid - ff
FROM: David Hempel, Assistant City Engineer
Date Su!;rritted to Council
DATE: July 2, 1996
SUBJ: Consent to Construction of Underground Electrical Lines within the City's
Watermain Easement/CSM Investors Inca - Outlot A, Chanhassen East Business
Center - Project No. 95 -23 AL -
In conjunction with the development of Ch
which intersect the development will be rel
into the City's watermain easement over O
gas, and electric are installed within public
c: Mark Hamel,- Dorsey, Whitney
Tom Rocheford - CSM Corporation
g:? eng�Qrojects�chaneast�electric ,doc
Business Center, existing electrical lines
;located electrical lines will encroach
ally, small utilities such as telephone,
ay or other drainage and utility
watermain purposes and not a general
lation of the electrical lines within
is a proposal will not impair or
of underground electrical lines
;nds that the City Council
V's watermain easement to
siness Center.
s°cn
J i�G T
Date
Appro'rad by
C y Coul�tc=1
Date
Celebrating 2( s Serving You
�1
CSM Corporafon
2575 University Ave. W., Suite 150 • St. Paul, MN 55114 -1024 6121646 -1717 • FAX 6121646 -2404
I
July 1, 1996
Mr. David Hempel
City of Chanhassen
690 Coulter Drive '
P.O. Box 141
Chanhassen, MN 55317
Re: Chanhassen East Business Center, Chanhassen, MN
.Dear Dave
Enclosed for approval of the City Council at its July 8th '
is the proposed Easement between CSM Investors, Inc., and
Chanhassen Holdings, Inc., for electrical service to the- Chanhassen ,
Holdings site at the noted project. I have revised the Easement to
reflect the fact that property lies within Hennepin County,
pursuant to our telephone conversation.
Please confirm placement on the City Council consent agenda on July
8th, and return two''originals of the Easement to me for recording
following signature by the Mayor and City Manager. '
Thank you for your cooperation and assistance.
Very truly yours,
CSM CORPORATION
1996
r�
J an Kuschke
ENG
nclosuresPT,
Hamel Dorsey & Whitney
'
cc: Mark Y Y
Roger Knutson, Campbell Knutson'
Tom Hart, Winthrop & Weinstine ,
w /enclosure
i
ATTACHMENT 1
I
EASEMENT
' THIS EASEMENT is given and granted effective the O day of
, 1996, by CSM INVESTORS, INC., a Minnesota
co oration (hereinafter "Grantor ") to CHANHASSEN HOLDINGS, INC.,
a Minnesota corporation, its successors or assigns (hereinafter
"Grantee ").
RECITALS
C
C
FIRST: Grantor is the owner of the property located in the City of
Chanhassen, Hennepin County, Minnesota, legally described as:
Lots 1 and 2, Block 1, and Outlot A, Chanhassen
East Business Center, Hennepin County, Minnesota
( "Grantor's Property ");
SECOND: Grantee is the owner of the property located in the City
of Chanhassen, Hennepin County, Minnesota, legally described as:
Lot 1, Block 2, Chanhassen East Business Center,
Hennepin County, Minnesota
( "Grantee's Property ");
THIRD: Grantee has requested an easement for underground
electrical lines which will cross over Grantor's Property and serve
Grantee's Property;
FOURTH: Grantor has agreed to grant said easement to Grantee, its
successors and assigns, upon the terms and conditions hereinafter
set forth.
EASEMENT
NOW, THEREFORE, IN CONSIDERATION OF the sum of One Dollar ($1.00)
and other good and valuable consideration in hand paid by Grantee
to Grantor, Grantor hereby gives and grants to Grantee an easement,
as follows:
1. Grantor hereby grants to Grantee, its successors and assigns,
a perpetual easement for the installation, maintenance, use
and operation of underground electrical lines over, under and
across the Grantor's Property, which easement is described as
follows:
The Southerly 10.00 feet of the Westerly 295.00
feet of Outlot A, except the Westerly 20.00 feet
thereof, CHANHASSEN EAST BUSINESS CENTER, Hennepin
County, Minnesota, according to the recorded plat
thereof;
c: \convey \data.esm (jk) 07/01/96
and
The Easterly 10.00 feet of the Westerly 30.00 feet of '
Outlot A, CHANHASSEN EAST BUSINESS CENTER, Hennepin
County, Minnesota, according to the recorded plat
thereof; '
(hereinafter the "Easement Area "). The easement hereby
created is granted exclusively for the above described t
purposes.
2. The perpetual easement created
include the perpetual right of
assigns, to construct, maintain,
underground electric lines over,
Area.
and hereby granted shall
Grantee, its successors and '
operate and repair the said
across and under the Easement
3. Following completion of construction or subsequent maintenance
of the electrical lines by Grantee, Grantee shall cause the
prompt restoration of any portion of the Easement Area
affected by said work to the condition that existed prior to
said construction or maintenance.
4. Grantee agrees that the electrical lines placed in the '
Easement Area will be located entirely underground.
5. Grantee, for itself, its successors and assigns, hereby
indemnifies and agrees to hold harmless Grantor, and any
mortgagees of Grantor's Property, from and against any and all
damages, liability, fees, penalties and claims, including
those for personal injury, wrongful death, or property damage,
including reasonable attorney's fees, arising out of the acts
or omissions of Grantee.
6. Grantee shall be responsible for maintaining adequate depth of
electrical lines following completion of Grantor's
construction on Grantor's Property.
7. Grantee hereby agrees to give Grantor twenty -four (24) hours
notice of Grantee's entry upon the Easement Area for the
purpose of maintenance or repair of the electrical lines,
except in the case of an emergency necessitating immediate
repair, in which case Grantee shall provide notice of entry to
Grantor as soon as is reasonably possible. Said notice shall
be provided by Grantee to Grantor, directed as follows:
CSM Corporation, Attn: Murray Kornberg
2575 University Avenue West
Suite 150
St. Paul, MN 55114
Phone (612) 646 -1717
Fax (612) 646 -2404
2
n
1 I
J
Any notice to be provided to Grantee may be directed as
follows:
Chanhassen Holdings, Inc.,
Attn: Associate General Counsel- Operation
Bell South Corporation
1155 Peachtree Street N.E., Suite 1800
Atlanta, Georgia 30309 -3610
Phone (404) 249 -2692
Fax (404) 249 -5664
Notice may be provided by facsimile directed as above noted.
7. Grantee hereby acknowledges and agrees that Grantor may use
the Easement Area for the installation and maintenance of
landscaping, asphalt and concrete parking surfaces and
driveways, and use thereof.
8. This Easement and the covenants and conditions herein
contained shall inure to the benefit of and be binding and
obligatory upon the heirs, personal representatives,
successors and assigns of the respective parties.
9. This Easement contains the entire agreement between the
parties relating to the rights granted and the obligations
assumed pursuant hereto. Any oral representations or
modifications concerning this instrument or the subject matter
hereof shall be of no force and effect, excepting any
subsequent modification reduced to writing and signed by the
parties to be charged therewith.
GRANTOR: GRANTEE:
M INVESTOkS, INC. CH JASS HOLD INGS, I C.
B s y : G ark Eel
Its Vico- President Its Att rney -in -Fact
By:
C!
STATE OF MINNESOTA)
_)Ss.
COUNTY OF
The forego
ing instrument was acknowledged before
day of , , 1996, by Mark E. Hamel,
fact of Chanhassen 'Holdings, Inc., a Minnesota
behalf of the corporation. �L
Notary Public
3
me this '
the attorney -in-
corporation, on
A NIVI .,
CHRISTINE 0. SC NMIC
NOTAHY PUBLIC- MINNESOTA
:OUNT!
'
ANOKA
uy Dasm{s3 �Xpltes Ja 31, 2000 >r
g
3
me this '
the attorney -in-
corporation, on
STATE OF MINNESOTA) '
)ss.
COUNTY OF
The foregoing n instrument was acknowledged before me this day ,
of �,l,ti'� 1996, by MmN 0-y N (, VAy �, y &RA
the Vice of CSM Investors, '
Inc., a Minnesota corporation, on behalf of the corporation.
' JOAN M.KUSCHKE ,
N07ARY PUBLIC - MINNESOTA
ANOKA COUNTY N t Pry Public
DAY Gcmrn. cxrir�an. 3
CONSENT '
The City of Chanhassen, a
Minnesota municipal
corporation
(hereinafter the "City "), as the benefitted party of
an easement
'
for watermain purposes created
by that certain Quit Claim Deed
dated March 18, 1980, from MTS
Systems Corporation,
a Minnesota
corporation, to the City, filed
for record April 11,
1980, in the
Office of the Hennepin County
Recorder as Document
No. 4556054,
'
hereby consents to grant of the
foregoing Easement.
CITY OF CHANHASSEN
By: '
Donald J. Chmiel, Mayor
By: '
Don Ashworth, City Manager
STATE OF MINNESOTA) ,
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this '
day of , 1996, by Donald J. Chmiel, Mayor, and by Don
Ashworth, 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
CONSENT BY MORTGAGEE '
Norwest Bank Minnesota, National Association, a National banking
association, as mortgagee under that certain First Mortgage,
4 '
J
Security Agreement, Fixture Financing Statement and assignment of
Leases and Rents dated , 1996, and filed for record
in the Office of the County Recorder in and for Hennepin County,
Minnesota, on , 1996, as Document No.
and that certain Second Mortgage, Security
Agreement, Fixture Financing Statement and assignment of Leases and
Rents dated , 1996, and filed for record in the
Office of the County Recorder in and for Hennepin County,
Minnesota, on , 1996, as Document No.
, does hereby consent to the foregoing Easement.
NORWEST BANK MINNESOTA,
NATIONAL ASSOCIATION
By:
Its
STATE OF MINNESOTA)
) ss.
COUNTY OF �)
The foregoing instrument was acknowledged before me this a
day of aVkk— r 1996, by l� �ulSt�1 B p�((4 the
\I ca P pus 'i l of Norwest Bank Minnesota, National Association,
a national banking association, on behalf of the association.
Notary Publ i
1 jJ
1 0p NP Bl C - MINNESU
Ap;OKA COUNTY
MY Co nm.
Expues Jan. gt. Z1
THIS INSTRUMENT WAS DRAFTED BY:
C. William Franke
Attorney at Law
2575 University Avenue
Suite 150
St. Paul, MN 55114 -1500
(612) 646 -1717
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