1l Highway 101 Realignment Project 0 1 Q.
il CAMPBELL, KNUTSON, SCOTT & FUCHS, PA
Attorneys at Law
I T, .,; 1 C.nnpbell (612) 452 -5000
R \ }'nut- • Fax (612) 452-5550
Ti m 1, \1 S .ut
t.i.,r\ 6 E,,,h- April 28, 1993
)anh. R. \\ Akron
Elliott B. Knet'ch
'Michael A. Brol'ack X n
Renae 1) Steiner // ‘ ..1 .4. a
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II sa,t t i ��
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Mr. Don Ashworth /AL..- b.•- /v
City Administrator .oe
- City of Chanhassen ee �°` • '� � ;
II 690 Coulter Drive � �ss c�esen1° �- ✓c
P.O. Box #147 � /�
Chanhassen, MN 55317 , •o , i i ; , s - nc.o...�.,..ow.d ,
1 Re: Highway 101 Reali Project
g Y Realignment /w
Builders Development Property y'�` " ,tQ,rr
- Dear Don: se....., A--,...e....... -
I As you will recall, as part of the realignment of
Highway 101 north of Highway 5, it was necessary to acquire a
II portion of the property owned by Builders Development, Inc. The
land is needed as a holding pond for the storm water run off from
the new highway.
In the fall of 1991, I negotiated with Mr. Rick Murray, who
at the time was the representative of Builders Development, for
acquisition of that easement. The City's negotiations were based
II on the appraisal of the property performed for the City by
Mr. Harvey Swenson. A copy of Mr. Swenson's appraisal is
enclosed herewith. Mr. Swenson's appraisal for the damages
incurred in acquisition of the easement was $46,000.00.
" Mr. Murray, on behalf of Builders Development, agreed to convey
the easement for that amount.
I Mr. Murray left Builders Development without having signed
the Easement Agreement or having obtained the signatures of the
other necessary parties. Mr. Fritz Van Nest has replaced
Mr. Murray at Builders Development. Mr. Van Nest is honoring
II Mr. Murray's agreement.
Enclosed please find a copy of the final easement documents
I as executed by Builders Development and the various mortgagees.
Please submit this matter to the Council for consideration and
approval. I recommend approval of the acquisition based on the
II agreed upon payment of $46,000.00.
RECEIVED
1 MAY o f. 1993
�nr: - • E.w indale Office Center • 1380 Corporate Center Curve • Eagan, j ffYike Z.1604
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Mr. Don Ashworth
April 28, 1993
Page 2
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1 Assuming Council approval, please have a payment made to
Builders Development, Inc. and sent to me. I will forward the
check to Mr. Van Nest.
If you have any questions, please feel free to call me.
1 Very truly yours,
CAMPBELL, 11 TSON, SCOTT
& FUCHS , V . A .
,� / �
By: .. .,
1 Gar, . 'l'uc -r
GGF:kjh
Enclosure
cc. Fritz Van Nest
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EASEMENT AGREEMENT
}h
KNOW ALL MEN BY THESE PRESENTS on this I day of
A EVZNs, b-t/V , 1992, that BUILDERS DEVELOPMENT, INC., a Minnesota '
corporation (hereinafter "Grantor "), for good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant and convey to the CITY OF
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CHANHASSEN, a municipal corporation (hereinafter "the City "), its
successors and assigns, forever, a permanent easement for storm '
water ponding purposes and a permanent easement for roadway
purposes over, across, on, under and through the property situated
within the County of Carver, State of Minnesota, legally described '
as follows:
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PERMANENT EASEMENTS
A permanent easement for storm water ponding purposes over, under '
and across all those parts of TRACT A and TRACT B, REGISTERED LAND
SURVEY NO. 59, files of the Registrar of Titles, Carver County,
Minnesota, which lie northerly of a line drawn westerly from a
point on the easterly line of said TRACT B, distant 108.03 feet
southerly from the northeast corner of said TRACT B, as measured
along said easterly line, to a point on the northwesterly line of
said TRACT A, distant 344.21 feet southwesterly from the northeast
corner of said TRACT A, as measured along said northwesterly line.
Together with a permanent easement for roadway purposes over, under
and across that part of said TRACT B which lies southerly of a line
drawn easterly from a point on the westerly line of said TRACT B
distant 19.26 feet northerly of the southwest corner of said TRACT '
B, as measured along said westerly line, to a point on the
southerly line of said TRACT B distant 120.86 feet northeasterly of
the southwest corner of said TRACT B, as measured along said
southerly line.
The easement rights granted herein to the City, its
contractors, agents, servants and assigns, shall include the right 1
to enter upon the premises at all reasonable times to construct,
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reconstruct, inspect, repair and maintain the public use existing
on the permanent easement premises.
1 IN TESTIMONY WHEREOF, the parties have executed this agreement
the day and year first above written.
BUILDERS DEVELOPMENT, INC.,
1 a Minnesota corporation
By:
(J
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Its
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STATE OF MINNESOTA )
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COUNTY OF k in ss .
-B )
On this day of , 1992, before me, a
' Notary Public within and for said County and State, personally
appeared QQ - } +z 1/1• VetA Je5+ to me personally known to be the
?rests.�2►'t't` of BUILDERS DEVELOPMENT, INC., the
1 corporation named in the foregoing instrument and that said
instrument was signed on behalf of said corporation by authority of
its Board of Directors and he acknowledged said instrument to be
1 the free act and deed of said corporation.
DEBORA J. RENICH
NOTARY PUBLIC - MINNESOTA
Notary Public HENN PIN COUNTY
My Commisrbn Expires Feb. 19,1997
1 THIS INSTRUMENT WAS DRAFTED BY:
1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
1 Telephone: (612) 452 -5000
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CONSENT TO EASEMENT
FOR GOOD AND VALUABLE CONSIDERATION the receipt and
sufficiency of which is hereby acknowledged, B F HOLDING COMPANY, a
Minnesota corporation, which holds a mortgagee interest in TRACTS A
and B, REGISTERED LAND SURVEY NO. 59, Carver County, Minnesota,
pursuant to a Mortgage dated December 29, 1987, recorded
December 29, 1987, as Document No. T55235, with the Carver County
Registrar of Titles, State of Minnesota, hereby consents to the
permanent easements granted to the City of Chanhassen in this
Easement Agreement and hereby subordinates its mortgagee's interest
to said easements. 1
B F HOLDING COMPANY,
a Minnesota corporation
By: T� 1
Its 0
By:
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STATE OF MINNESOTA )
)ss.:
COUNTY OF 4t NNEVINI )
On this 19 day of R wem- N - , 1992, before me, a
Notary Public within and for said County and State, personally
appeared \t- 'T Oe,vin 1TT sxla to me
personally known, who, being each by me duly sworn, did say that
they are respectively the Pres, ck, 4-- a
B F HOLDING COMPANY, the banking corporation named in the foregoing
instrument and that said instrument was signed on behalf of said
corporation by authority of its Board of Directors and they
acknowledged said instrument to be the free act and deed of said
corporation.
DEBORA J. RENICH
NOTARY PUBLIC • MINNESOTA
Notary Public 1 x c HENNEPIN COUNTY
My Comndsebn Expires
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CONSENT TO EASEMENT
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and
sufficiency of which is hereby acknowledged, THE EQUITABLE LIFE
ASSURANCE SOCIETY OF THE UNITED STATES which holds a mortgagee
11 interest in TRACT A and TRACT B, REGISTERED LAND SURVEY NO. 59,
Carver County, Minnesota, pursuant to the following:
1. Mortgage dated September 18, 1973, recorded October 18,
1973, as Document No. 19374;
2. Mortgage dated March 14, 1975, recorded March 26, 1975, as
Document No. 21328;
3. Mortgage dated November 19, 1975, recorded December 3,
1975, as Document No. 22286; and
4. Consolidation, Extension and Modification Agreement dated
November 19, 1975, recorded December 3, 1975, as Document
' No. 22287
all recorded with the Carver County Registrar of Titles, State of
' Minnesota, hereby consents to the permanent easements granted to
the City of Chanhassen in this Easement Agreement and hereby
subordinates its mortgagee's interest in TRACTS A and B, REGISTERED
LAND SURVEY NO. 59 of the Carver County Registrar of Titles,
1 Minnesota, to said easements.
THE EQUITABLE LIFE ASSURANCE
SOCIETY OF THE UNITED STATES
By: '
1 Its /-4 :t14—
' By:
Its
' STATE OF cLf 11,1 S
) ss. :
COUNTY OF COOL
' On this ;Ni day of SP94Cm4 , 1992, before me, a
Notary Public within and for said County and State, personally
appeared CJ-. g Q3r n�r2r amid. to me
' personally known, who, being each by me duly sworn, did say that
they are respectively the „l 4±ft c,r and
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, the
banking corporation named in the foregoing instrument, and that
said instrument was signed on behalf of said corporation by
authority of its Board of Directors and they acknowledged said
instrument to be the free act and deed of said corporation.
Alh t AL' A , _ 4.41A
Notary Public
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CONSENT TO EASEMENT
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of i
which is hereby acknowledged, The Equitable Life Assurance Society of the
United States, which holds a mortgagee interest in TRACTS A and B, REGISTERED
LAND SURVEY NO. 59, Carver County, Minnesota, pursuant to a Mortgage dated
March 14, 1975, recorded March 26, 1975, as Document No. 21328; and Mortgage
dated November 19, 1975, recorded December 3, 1975, as Document No. 22286;
and that certain Consolidation, Extension and Modification Agreement dated
November 17, 1975, and recorded December 3, 1975, as Document No. 22287,
with the Carver County Registrar of Titles, State of Minnesota, hereby consents
to the permanent easements granted to the City of Chanhassen in this Easement
Agreement and hereby subordinates its mortgagee's interest to said easements.
THE EQUITABLE LIFE ASSURANCE
SOCIETY OF THE UNITED STATES , •
7 i f I,
By: C� 1.4.``
Its: f we.4s-�_ v
By:
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�I 1 inois Its:
STATE OF MINN&£OTA)
)SS.:
COUNTY OF C.S,OL )
On this day of . mhLr , 1992, before me, a Notary Public '
within and for said County and State, personally appeared ao S Z Ge&'[a(
to me personally known,
who, being each by me duly sworn, did say that they are respectively the
I44ecAmer4 C ic of The Equitable Life
Assurance Society of the United States, the corporation named in the foregoing
instrument and that said instrument was signed on behalf of said corporation
by authority of its Board of Directors and they acknowledged said instrument
to be the free act and deed of said corporation.
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* &1I! ! I_ _ AA. Ai•
No ary Public
" OFFICIAL SEAL "
'KATHERINE SK; . =R,