2g. Landscape Easement Requesti
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CITY OF c-
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Mayor and City Council
FROM: Don Ashworth, City Manager
DATE: June 22, 1994
SUBJ: Landscape Easement Request, City of Chaska, Lyman Boulevard and CR 17
As will be noted from the cover letter from Dave Pokorney, Chaska is asking that Chanhassen
authorize a construction easement so as to allow them to landscape the southwest corner of
Lyman Boulevard and County Road 17 (see attached drawing). The parcel is owned by the
City of Chanhassen. The parcel drops rather significantly away from both Lyman and CR 17
and is not logically going to be used by the City of Chanhassen for any type of structure.
Although I am not that keen about seeing an entry monument at that location, I can
understand why the City of Chaska would support such as it virtually is on the border to their
community. At some point in time, this parcel should rightly become a part of any
development that may occur to the south and act as a buffer for that new development. I
would also like to note that cooperation continues at an all time high with the City of Chaska
in that we did work cooperatively in obtaining the land necessary for the temporary sewer
connection that was made on the west side of Lyman approximately two years ago. That
acquisition now allows us to shift CR 17 to the west and ensures that the City of Chanhassen
does not incur significant costs attempting to purchase additional right -of -way for CR 17 on
the east side of the roadway. Acquisition of any additional rights -of -way, as a part of the
cooperative project, rests back with whichever city the acquisition occurs in.
As stated earlier in this memorandum, I sincerely question whether any structure could be
' built on the parcel over which the proposed easement is being requested. However, Chaska
would agree to amend the easement agreement so as to allow the City of Chanhassen to
remove the entry monument if the city were to construct some type of facility/structure on the
property. Approval with the modification noted "above is recommended.
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MEMORANDUM
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April 20, 1994
Mr. Don Ashworth
City Manager
City of Chanhassen
Chanhassen City Mall
p.o. Box 147
Chanhassen, MN 55317 -0147
Dear Don:
In conjunction with the County road 17 Improvement Project from
Lyman Boulevard southerly to Pioneer Trail, the City of Chaska
intends to undertake a landscape improvement project. Under the
terms of our Eastern Carver County Highway Agreement the cities
have the ability to landscape within the public right -of-way
provided the City pays 100% of the costs and the plans are y �.n s
approved by the County Engineer. During the upcoming summer �
project will be the first project undertaken as part of that
master agreement, and our hope is to add additional landscaping
as a means to improve the entrance into our community.
, I Attached is a copy of the Concept plan which was recently
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approved by the Chaska City Council. To i the plan as
proposed we would need to obtain a landscape easement from the
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city of Chanhassen across the property that the City currently
owns at the southwest corner of the intersection. Chanh
previously granted the utility easement across this property for
is that as
the Chaska /Chan Interceptor Project. our hope
� proposed the plan would upgrade not only the entrance into
Chaska, but also the entrance into Chanhassen at this location.
The purpose of my letter is to formally request approval from
Chanhassen for this easement. once approved the City of Chaska
would assume responsibility for developing a detailed easement
,I agreement.
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I should note that we have been able to either obtain through
dedication or through the Chaska /Chan Interceptor easement
acquisition process all the other required right for this
joint project. Consequently, the City of Chanhassen will not be
responsible for any right -of -way cost sharing on this project.
Thank you for your consideration
comments concerning the proposal,
at your convenience.
and if you have any questions or
please feel free to contact me
Sincerely,
r
Dave Pokorney
City Administrator
DP jai
Enclosure
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P _ C:17
TEMPORARY LANDSCAPE AND UTILITY
CONSTRUCTION EASEMENT
THIS INDENTURE, made and entered into this _ day of June,
1994, by and between the City of Chanhassen, a municipal
corporation organized under the laws of the State of Minnesota,
Grantor, and the City of Chaska, a municipal corporation organized
under the laws of the State of Minnesota, Grantee, WITNESSETH:
RECITAL NO. I.
' Grantor is the owner of the following described property:
Beginning at the center of Section 22, Township
' 116, Range 23, Carver County, Minnesota, running
thence south 4.28 chains; thence west 4.28 chains;
thence north 4.28 chains; thence east 4.28 chains
' to the place of beginning.
RECITAL NO. 2.
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It is the desire of Grantee to construct an entrance monument,
together with the necessary utilities to serve same and landscaping
at the intersection of County Road 17 and County Road 18, which
monument is to be erected just westerly of County Road 17 and
southerly of County Road 18, together with landscaping at the
intersection of County Road 17 and County Road 18 on the easterly
side of County Road 17 and the southerly side of County Road 18.
RECITAL No. 3.
Grantee has had landscaping plans prepared by a landscape
architect, a copy of which is appended to this document as Exhibit
" A " and made a part hereof.
RECITAL NO. 4.
It is the desire of Grantee to obtain the right to enter upon
the property as described in Recital No. 1 above to complete said
landscaping in accordance with said plan, the erection of said
monument and installation of utilities to serve same and upon
completion of said work, to survey out the portion of land
necessary and to then obtain an easement from Grantor.
NOW, THEREFORE, in consideration of the sum of One Dollar and
Other Good and Valuable Consideration ($1.00) paid by Grantee to
Grantor and the mutual covenants and conditions hereinafter
contained, it is agreed as follows:
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1. That Grantor does hereby permit Grantee to enter upon the ,
property as described in Recital No. 1 above to complete the
erection of a monument, landscaping and utilities to serve said
entrance monument, all as more particularly described in Exhibit
"A" attached hereto and-made a part hereof. ,
2. That upon completion of said landscaping, utilities, and
construction of said entrance sign, Grantee shall survey that ,
portion of the property described in Recital No. 1 as needed for
said landscaping, sign and utilities and Grantor does her agree
to grant a permanent easement for said purposes upon completion of '
said survey, said permanent easement be substantially in accordance
with that easement as described in Exhibit "B" attached hereto and
made a part hereof. '
CITY OF CH,ANHASSEN
B ' y Its
CITY OF CHASKA I
B , y Its
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' EXHIBIT "B"
THIS INDENTURE, Made and entered into this�day of
, 1994, by and between the City of Chanhassen, a municipal
' corporation organized under the laws of the State of Minnesota,
Grantor, and the City of Chaska, a municipal corporation organized
under the laws of the State of Minnesota, Grantee.
' WITNESSETH:
Said Grantor, in consideration of the sum of One Dollar and
' Other Good and Valuable Consideration, to it in hand paid, the
receipt and sufficiency whereof is hereby acknowledged, does hereby
grant, bargain, quit claim and convey unto said Grantee, its
' successors and assigns, a perpetual easement for landscaping,
entrance monument and utility purposes, including the right to
enter for purposes of surveying, operating, mai.ntai.ning, repairing
and reconstructing, the entrance monument, utilities and
landscaping, in, over, under and across the hereinafter described
property situated in the County of Carver, State of Minnesota,
described as follows, to -wit:
See Exhibit " A " attached hereto and made a part hereof.
IN WITNESS WHEREOF, the City of Chanhassen has caused these
presents to be executed the day and year first above written.
' CITY OF CHANHASSEN
By
Its
B y Its
' STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
' The foregoing instrument was acknowledged before me this and
day of r 1994, the and
of the City of Chanhassen, a
municipal corporation organized under the laws of the State of
Minnesota, on behalf of the City of Chanhassen.
' Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Melchert, Hubert, Sjodin & 'Willemssen (LM)
112 Second Street West
P. 0. Box 57
Chaska, Minnesota 55318
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