1u Chan Haven Plaza CITYOF
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CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937 -1900 • FAX (612) 937 -5739
1 MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Sharmin Al -Jaff, Planner I
DATE: June 10, 1993
1 SUBJ: 1. Declaring Null and Void a Previously Recorded Declaration of Roadway
and Landscaping Easements, Chan Haven Plaza 3rd Addition;
2. Adopting a new Declaration of Roadway, Utility and Landscaping
Easement, Chan Haven Plaza 4th Addition
On January 28, 1991, the City Council approved final plat #90 -17 for Chan Haven Plaza 3rd
1 Addition. The subdivision resulted in dividing 5.59 acres into 2 lots with an area of 1.9 acres
for Lot 1 and 3.0 acres for Lot 2. Lot 1 became the site for the Emission Control Testing Station
which was approved as a conditional use permit concurrently with the subdivision. Lot 2 was
1 reserved for future development. On April 12, 1993, the City Council approved final plat #90 -17
for Chan Haven Plaza 4th Addition to subdivide Lot 2 into three lots. Two of those lots were
approved to contain the future buildings of Abra and Goodyear.
1 Access to this entire subdivision is rovided via a private driveway off of Lake Drive East.
P P Y
1 When the Emission Control Testing Station plan was approved, the private driveway was shown
as an outlot and cross access easements in favor of all lots within the subdivision were dedicated.
There was also a joint maintenance agreement filed against each parcel.
1 The existing private street was built in accordance to the City's typical commercial pavement
design with the thought that someday it would be dedicated back to the City for ownership.
1 When the proposal for Abra and Goodyear was submitted, Engineering staff felt that with the
concept proposed, the City should not be taking ownership of the street, and therefore
recommended the outlot be replatted as a part of Lot 3, Chan Haven Plaza 4th Addition. The
plat was approved by the City Council accordingly.
This action resulted in the draft of new declarations and voiding the old one which have to be
1 approved by City Council.
1
t4. PRINTED ON RECYCLED PAPER
1
1
Don Ashworth
June 10, 1993
1 Page 2
Another condition of approval for the Emission Control Testing Station was a landscaping
I easement located to the south of Lake Drive East to act as a buffer between the residents to the
south and the Chan Haven Plaza buildings. This easement has been redrafted in more detail
(Attachment #1).
1 RECOMMENDATION
1 Staff recommends the City Council adopt the following motion:
"The City Council declares null and void the previously recorded Declaration of Roadway and
I Landscaping Easements, Chan Haven Plaza 3rd Addition; and adopts the new Declaration of
Roadway, Utility and Landscaping Easement, Chan Haven Plaza 4th Addition."
1 ATTACHMENTS
1. New Landscaping Easement.
I 2. Memo from Spencer Kluegel, Attorney.
3. Document declaring null and void a roadway and utility easement and a landscaping
I easement.
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LANDSCAPING EASEMENT 1
THIS AGREEMENT is made this day of , 1
1993, by, between, and among CHANHASSEN HOLDING COMPANY, a
Minnesota partnership ( "CHC "), ENVIROTEST TECHNOLOGIES, INC., f /k /a 1
Systems Control, Inc., a Delaware corporation ( "ETI "), and the CITY 1
OF CHANHASSEN, a Minnesota municipal corporation ( "Chanhassen ").
RECITALS 1
WHEREAS, CHC is the owner of Lots 1, 2, and 3, Block 2, CHAN
HAVEN PLAZA FOURTH ADDITION, and Lot 1, Block 2, CHAN HAVEN PLAZA; 1
and
WHEREAS, ETI is the owner of Lot 1, Block 1, CHAN HAVEN PLAZA
3RD ADDITION; and 1
WHEREAS, Chanhassen desires to obtain an easement for
landscaping improvements to screen property south of CHAN HAVEN 1
PLAZA FOURTH ADDITION. CHC is prepared to grant the easement, and
CHC and ETI are prepared to agree to maintain the landscaping, both
subject to the terms, covenants, and conditions specified in this 1
Agreement.
COVENANTS
NOW, THEREFORE, for One Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which are 1
hereby acknowledged, the parties hereto agree as follows:
1. Grant of Easement. CHC hereby grants, conveys, and
warrants to Chanhassen a perpetual and exclusive landscaping 1
easement legally described on the attached Exhibit "A ". In the
easement area CHC and ETI have constructed an earthen berm, seeded 1
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the easement area in grass, and have landscaped it. The top of the
berm has been set at an elevation at least three feet above the
' curb line. The berm does not exceed a three to one slope. Deciduous
shrubs have been planted on the berm. The shrubs are at least two
feet in average height. The shrubs have been spaced at intervals to
1 make the easement area opaque at shrub height within four years
after planting. Chanhassen acknowledges that the berm and other
1 landscaping improvements now installed within the landscaping
' easement area by CHC and ETI are satisfactory to Chanhassen.
2. Right of Access. Chanhassen hereby grants to CHC and ETI
a right of access to the easement to construct, install, maintain,
reconstruct, remove, and repair the landscaping improvements.
1 3. Indemnification of Chanhassen. CHC and ETI will fully
protect, indemnify, and hold harmless Chanhassen, its employees and
agents from and against any actions or causes of action, claims,
' costs, damages, demands, executions, expenses, fees (including
attorneys' fees and costs and witness fees and costs), judgments,
1 liabilities, liens (including mechanic's liens), and suits
(collectively "Claims ") for damage, loss, or injury, either to
1 persons or to property, arising from or related to the
' construction, installation, maintenance, reconstruction, removal,
repair, or use of the landscaping improvements located on the
1 easement premises; provided, however, that CHC and ETI will not
indemnify Chanhassen or hold it harmless from an Claims for damage,
loss, or injury, either to persons or property, which arise by
' reason of the acts or conduct of Chanhassen or any of its employees
or agents.
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4. Maintenance and Repair Responsibility. Maintenance, 1
reconstruction, removal, and repair of the landscaping improvements
on the easement premises shall be the obligation and responsibility '
of CHC and ETI, their successors and assigns. Chanhassen may
enforce this requirement by all available legal and equitable
remedies. If Chanhassen prevails, CHC and ETI shall reimburse ,
Chanhassen for its costs and attorneys' fees incurred in bringing
the action. ,
5. Successors and Assigns. All provisions hereof shall run
with the property and shall extend to and bind the heirs,
successors, representatives, grantees, or assigns of the respective '
parties hereto.
IN TESTIMONY WHEREOF, the parties hereto have caused this
easement to be executed and delivered the day and year first above '
written.
CHANHASSEN HOLDING COMPANY
BY: ,
Its
BY: '
Its
BY: ,
Its
BY:
Its
ENVIROTEST TECHNOLOGIES, INC.
BY: '
Its
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