2h. Easements at Holly Lane cz
CITYOF ClIANHASSEN
• • MINNESOTA 55
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, 55317
3
' Update (9- 13 -93): The well easement referred to has been
obtained from Hennepin County and recorded in the city's
MEMORANDUM name. Similarly, Mr. Lord has agreed to the proposed
covenants to be placed against that well easement and will
TO: Mayor and City Council assign the sanitary sewer lift station easement agreement
upon our filing of the well easement agreement with
' FROM: Don Ashworth, City Manager covenants. Approval of the attached Declaration of
Covenants and Conditions is recommended.
DATE: April 22, 1993
1 DWA (9- 13 -93)
SUBJ: Approve Purchase Agreement for Lot 9, Crane's Vineyard Park
This item cleans up two easements which exist at the end of Holly Lane adjacent to Christmas
Lake, i.e:
-
Sanitary Sewer /Lift Station Easement: Although the sanitary sewer, lift station, and wet
v /L g �'
i well were installed on this site over 20 years ago, no records can be found that the city
either paid for the easement or that it was ever recorded. The easement area shown on
the construction plans is of sufficient size for normal maintenance, but is not of sufficient
' size to allow for pumping or major maintenance, i.e. approximately 15' x 15'. The
attorney's office has prepared the actual easement document and forwarded it to Miles
Lord (owner of the property from which the easement would be taken), but he does not
wish to sign it until he knows that the next item has been resolved to his satisfaction; and
Well Easement/Hennepin County; Years prior to the city's installation of the wet well/lift
station, Hennepin County had obtained an easement from Mr. Lord for the construction
of a well. That easement is adjacent to the easement which we thought we had, but was
never recorded. Although Hennepin County used the well in the 1960s and 1970s, they
abandoned such use in the 1980s and has since capped it. Mr. Lord attempted to
repurchase the easement from Hennepin County, but the process became bogged down
with questions as to, "Should we be obtaining competitive quotes?, Who else may be
interested in it ?," etc. Mr. Lord's primary objective is to ensure that another private party
does not end up with ownership. Similar to the illusive city easement, the well easement
is similarly small. In light of the fact the sewer easement area is not really large enough
to conduct pumping/major repairs, staff approached Hennepin County requesting them to
consider deeding the well property to the City of Chanhassen. We simultaneously
approached Mr. Lord requesting that he cease attempts to re- acquire the property with the
condition that the city would agree that the new easement area (our old proposed sewer
easement together with the Hennepin County well easement) would be used solely as a
1
CAMPBELL, KNUTSON, SCOTT & FUCHS, PA.
tk/rne\. at L:l \t
Th, I t i n1 ! , fl (012) 45' -5XC
\ 1.' nr„ n Fax (012 452.5550
Th,.;: \1 It
t ,n I,-
1rllR h \ \110
1111,41 r ).n,r,l,
hcn.R P Tim August 4, 1993
Mr. Don Ashworth
City Manager
City of Chanhassen
690 Coulter Drive
Box 147
Chanhassen, MN 55317
Re: City of Chanhassen
North Chanhassen Sewer & Water Project #71 -1F
(Crane's Vineyard Park)
Our File No. 12668/285
Dear Mr. Ashworth:
Enclosed please find revised Declaration of Covenants,
Conditions and Restrictions regarding Lot 9, Crane's Vineyard
Park incorporating the changes you requested July 28, 1993.
If this document is acceptable to you, it should be approved
by the City Council.
' Very truly yours,
CAMPBELL, TSON, TT
& - , P.A
B . _i •
' James R. =lston
JRW:rlt
Enclosure
_
•
7556 C!TV Cr C1 H -
Suite 317 • Eag.andale Office Center • 1380 Corporate Center Curve • Eagan, r•1N 55121
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A 1
Attorneys at Law
Thona. 1 CamncAl (612) 452.5
Roger \ Knut.on Fax (612) 452 -555
Thy na' \1 Suet
Gan G Fuch<
Jame R \\'al t,m
Elliott B. Knct,ch
Michael A Bruback '
Renae h Steiner August 4, 1993
Mr. Don Ashworth
City Manager
City of Chanhassen '
690 Coulter Drive
Box 147
Chanhassen, MN 55317 1
Re: City of Chanhassen
North Chanhassen Sewer & Water Project #71 -1F
(Crane's Vineyard Park)
Our File No. 12668/285
Dear Mr. Ashworth: 1
Enclosed please find revised Declaration of Covenants,
Conditions and Restrictions regarding Lot 9, Crane's Vineyard
Park incorporating the changes you requested July 28, 1993.
If this document is acceptable to you, it should be approved
by the City Council.
1
Very truly yours, ,
CAMPBELL, •■ TSON, •TT
& -. - , P.A
'• I
B :
James R. =lston ,
JRW:rlt
Enclosure
7556 C)T" Cr CH ""
Suite 317 • Ea Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
1
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
WHEREAS, the City of Chanhassen ( "Declarant ") is the fee
owner of the following described real property ( "Lot "):
1 All that part of Lot nine (9) Crane's Vineyard Park,
described as follows:
1 Beginning at a point three hundred and thirty (330) feet
east of the northwest corner of Lot nine (9) Crane's
Vineyard Park; thence south fifty (50) feet at an angle of
' ninety (90) degrees with the north line of said Lot nine
(9); thence east parallel with the north line of said Lot
nine (9) to the shore of Christmas Lake a distance of
' seventy (70) feet more or less; thence north along the shore
of Christmas Lake to the North line of said Lot nine (9);
thence west to the point of beginning.
' WHEREAS, Declarant is interested in maintaining certain
covenants, conditions, and restrictions affecting the use of the
1 Lot.
NOW, THEREFORE, the Declarant does hereby establish and
create the following covenants, conditions, and restrictions
1 affecting the Lot meaning and intending to continue as covenants
running with the land:
1 1. The provisions herein shall be binding on all parties
hereto and all parties claiming under them unless the
Declarant, or its assignee, desire to amend this
Declaration, and in the event, the changes shall be
made by use of a recorded document executed by the
Declarant or its assigns.
1 2. The Lot shall only be used in accordance with the
provisions of this Declaration.
1 3. The Lot shall be utilized by the Declarant, its
employees and agents, only for access to public
utilities located on the lot or adjacent thereto.
1 4. Enforcement of the provisions set forth in this
Declaration shall be by proceeding at law or in equity
against any person or persons violating or attempting
to violate any covenant or provision herein, either to
restrain the violation or to recover damages by any
party hereto or party claiming under them.
7065
. II
It
IN WITNESS WHEREOF, the party hereto has caused these
presents to be executed this day of , 1993. II
CITY OF CHANHASSEN
1
BY:
I
(SEAL) Donald J. Chmiel, Mayor
AND I Don Ashworth, City Manager
STATE OF MINNESOTA )
II
ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this " II
day of , 1993, by Donald J. Chmiel and by Don
Ashworth, respectively the Mayor and City Manager of the City of II Chanhassen, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City
Council.
II
NOTARY PUBLIC
I
THIS INSTRUMENT WAS DRAFTED BY: I
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve • I
Eagan, MN 55121
Telephone: (612) 452 -5000
JRW
II
1
II
II
7065 -2-
II