1c. Temporary and Permanent Easement Agreements for Easements No. 5-11 & 13 for Upper Bluff Creek Trunk Utilities II C ITYOF
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I
,ii)
i . CHANBA,SSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
I ` Action by City Adifilritstfeill
MEMORANDUM Endorsed V DW k
1 theif ied
TO: Don Ashworth, City Manager Rejected
Cate _ O — 22.
I FROM: Charles Folch, City Engineer Q., Date Submitted to Commission
Date Submitted to Council
i DATE: October 21, 1992 g /0
SUBJ: Approve Temporary and Permanent Easement Agreements for Easement Nos.
I 5, 6, 7, 8, 9, 10, 11 and 13 for Upper Bluff Creek Trunk Utilities
Project No. 91 -17
I l'''',;
Attached are the temporary and permanent easement agreements for easement nos. 5, 6,
7, 8, 9, 10, 11 and 13 for the Upper Blufftreek.Trunk Utility Project No. 91 -17. These
I easements and associated compensation represei acceptable terms to negotiations which
have occurred between the property owners, the City attorney, project engineer and staff.
The acquisition of these easements will allow the ibntractor to continue progressing in an
1 �,
expeditious manner to complete the overall improva�nent project.
It is therefore recommended that the attached easenent agreements for easement nos. 5,
II 6, 7, 8, 9, 10,11 and 13 for the Bluff Creek Trunk Utility Improvement Project No.
91 -17 be approved. /-
1 J
Attachments: ; asement. No. 5---F,::-.",..% y . , - ;
1 .. Easement No. 6 , °-- .
Easement No 7
Easement Nos. 8 and 9 f _. _-
1 Easement Nos. 10, 11 sand 13
I c: Dave Hempel, Sr. Engineering Technician
Phil Gravel, BRA
Gary Fuchs, Campbell, Knutson Scott & Fuchs
1
1 ,,
� PRINTED ON RECYCLED PAPER
I
t715Eniev Ak• 5 9/-1
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorney at Lax\
Thomas Cr ain hell
J t' (612) 452 -5000
Roger N Knutson Fax (612) 452 -5550
Thomas M Scott
Gary G Fuchs
James R. Walston
Elliott B Knetuh cIr OF
lvlichael A. Broha j (�� ASSE
Renae D Steer October 7, 1992 111) (� �NINNn
OCT 0 19
. u
Mr. Michael Cochrane
ENGINEERING DEPT
' Mrs. Joanne Cochrane
1751 Sunridge Court
Chanhassen, MN 55317
' Re: Upper Bluff Creek Public Utilities Project
Dear Mr. & Mrs. Cochrane:
We represent the City of Chanhassen as City attorneys. As you
know from prior communication with the City staff and the
1 consulting engineer, Phil Gravel, the City is in the process of
constructing a sanitary sewer line in the area of Chanhassen where
you live. A portion of that line will be installed in the roadway
right of way directly in front of your property. In the past, you
have been contacted regarding granting the City a temporary
construction easement as well as a permanent easement for the
sanitary sewer line.
Based on my conversations with Mr. Gravel, and my
understanding of his conversations with I have redrafted the
' easement documents to eliminate the permanent easement altogether
and to reduce the size of the total easement from 54 feet to 17
feet. In addition, the 17 feet will be a temporary construction
easement only and will only be valid until December of 1994.
Enclosed herewith please find a redrafted Temporary Easement
Agreement that reduces the size of the easement to 17 feet and
1 , assumes compensation to you for the temporary easement of $200.00.
I trust this redrafted Temporary Easement Agreement addresses
' the concerns that you have expressed to the City staff and to
Mr. Gravel. If the redrafted Agreement meets with your approval, I
request that you sign it and return it to me. Upon receipt, I will
place it on the City council agenda for the council's approval and,
upon approval of the council, will see that a check is issued to
you in the amount of $200.00.
Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
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Mr. & Mrs. Cochrane
October 7, 1992
Page 2
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Thank you for your courtesies and cooperation. If you have
any questions about any of this, please feel free to call me. 1
Very truly yours, 1
CAMPBELL, 1 TSON, SCOTT
& FUCHS, '.A.
I /
By: � 4
Ga 'iP Fuc -
GGF : kj h
Enclosure
cc. Phil Gravel
Charles Folch 1
Don Ashworth
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TEMPORARY EASEMENT AGREEMENT
THIS AGREEMENT made this day of , 1992, by
and between MICHAEL J. COCHRANE and JOANNE A. COCHRANE, husband and
' wife, hereinafter referred to as "Grantors ", and the CITY OF
CHANHASSEN, a municipal corporation organized under the laws of the
State of Minnesota, the Grantee, hereinafter referred to as the
I "City ".
WITNESSETH:
TEMPORARY EASEMENT
The Grantors, in consideration of Two Hundred ($200.00)
Dollars and other good and valuable consideration to them in hand
paid by the City, the receipt and sufficiency of which is hereby
acknowledged, do hereby grant unto the City, its successors and
assigns, a temporary easement for public construction purposes,
over, on, across, under and through the land situated in the County
of Carver and State of Minnesota as described on attached Exhibit
"An.
TO HAVE AND TO HOLD the same, unto the City, its successors
and assigns, commencing upon execution of this Agreement and
expiring December 31, 1994, together with the right of ingress to
and egress from the property, for the purpose of constructing,
inspecting, repairing and maintaining the property of the City upon
the permanent easement premises hereinafter described, at the will
of the City, its successors and assigns; it being the intention of
the parties hereto that the Grantors hereby grant the uses herein
specified without divesting themselves of the right to use and
1
enjoy the above described temporary easement property, subject only
to the right of the City to use the same for the purposes herein
expressed. 1
As a further consideration for this temporary construction
easement, the City agrees that if it or any of its employees or
agents causes any physical damage to the above described temporary 1
easement premises which it does not restore to a condition as
nearly as equal as possible to that which existed prior to the 1
construction within a reasonable time after completion of that
construction, the City shall pay the costs of restoring the damaged
premises to a condition as nearly equal as possible to that which
existed prior to construction. It is understood that in the removal
of large trees, shrubs and other plants that a like replacement for
those items removed during construction is not always possible. In
such cases, compensation for the damaged or removed trees, shrubs,
or plants will be based upon the value of the Grantors' entire 1
premises before construction and the value of the premises after
the construction has been completed. 1
IN TESTIMONY WHEREOF, the parties hereto have signed this
Agreement the day and yeasr first above written. 1
GRANTORS: 1
MICHAEL J. COCHRANE
1
JOANNE A. COCHRANE
1
-2-
I
11 GRANTEE:
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
' (SEAL) BY:
Don Ashworth, City Manager
STATE OF MINNESOTA )
ss. •
COUNTY OF
The foregoing instrument was acknowledged before me this
' day of , 1992, by Michael J. Cochrane and
Joanne A. Cochrane, husband and wife, to me personally known to be
the person(s) described in and who executed the foregoing
instrument and acknowledged that they executed the same as their
' free act and deed.
Notary Public
STATE OF MINNESOTA )
I COUNTY OF ) ss. )
On this day of , 1992, before me, a Notary
Public within and for said County, personally appeared Donald J.
Chmiel and Don Ashworth, to me personally known, who, being each by
me duly sworn, did say that they are respectively the Mayor and
11 City Manager of the City of Chanhassen, the municipal corporation
named in the foregoing instrument, and that the seal affixed to
said instrument is the corporate seal of said municipal
corporation, and that said instrument was signed and sealed in
behalf of said municipal corporation by authority of its City
Council, and said Donald J. Chmiel and Don Ashworth acknowledged
said instrument to be the free act and deed of said corporation.
1
Notary Public
' DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Cororate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
JRW:srn
-3-
1
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EASEMENT NO. 5 - MICHAEL COCHRANE 1
A temporary construction easement for public trail and utility
purposes over, under and across the east 17 feet of Lot 1, Block 1,
Sun Ridge, Carver County, Minnesota.
Said temporary construction easement to expire December 31, 1994.
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EXHIBIT "A"
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. 75 b7l�itlT No. (o re-69/-17
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorney, at Lit'
1 Thnma, I Campbell
(612) 452-5000
Ro <,cr N Knutson Fax (612) 452 -5550
Thorns M Scott •
Gary G Fuchs t.
Jame, R. Walston
Elliott B. Knetsch
Michael A. Brohack
Rcnac D Steiner October 7, 1992
1 CITY OF CHANHASSEN
Mr. Stephen Burnett GENRE
Mrs. Marilyn Burnett OCT 0 8 1992
8850 Audubon Road
Chanhassen, MN 55317
E lVGINIEERNVS DEPT
Re: Upper Bluff Creek Public Utilities Pr
' Dear Mr. & Mrs. Burnett:
We represent the City of Chanhassen as City attorneys. As you
know from prior communication with the City staff and the
consulting engineer, Phil Gravel, the City is in the process of
constructing a sanitary sewer line in the area of Chanhassen where
you live. A portion of that line will be installed in the roadway
' right of way directly in front of your property. In the past, you
have been contacted regarding granting the City a temporary
construction easement as well as a permanent easement for the
sanitary sewer line.
Based on my conversations with Mr. Gravel, and my
understanding of his conversations with you, I have redrafted the
easement documents to eliminate the permanent easement altogether
and to reduce the size of the total easement from 54 feet to 17
feet. In addition, the 17 feet will be a temporary construction
easement only and will only be valid until December of 1994.
Enclosed herewith please find a redrafted Temporary Easement
Agreement that reduces the size of the easement to 17 feet and
1 assumes compensation to you for the temporary easement of $200.00.
I trust this redrafted Temporary Easement Agreement addresses
the concerns that you have expressed to the City staff and to
Mr. Gravel. If the redrafted Agreement meets with your approval, I
request that you sign it and return it to me. Upon receipt, I will
place it on the City council agenda for the council's approval and,
' upon approval of the council, will see that a check is issued to
you in the amount of $200.00.
1
11 Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
1
1
Mr. & Mrs. Burnett
October 7, 1992
Page 2
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Thank you for your courtesies and cooperation. If you have
any questions about any of this, please feel free to call me. 1
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
. & FUCHS 1r . A . 1
A
By: /� / �
Gal !,. F • s
GGF : kj h
Enclosure
cc. Phil Gravel
Charles Folch
Don Ashworth
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1 TEMPORARY EASEMENT AGREEMENT
THIS AGREEMENT made. this day of , 1992, by
and between STEPHEN L. BURNETT and MARILYN J. M. BURNETT, husband
1 and wife, hereinafter referred to as "Grantors ", and the CITY OF
' CHANHASSEN, a municipal corporation organized under the laws of the
State of Minnesota, the Grantee, hereinafter referred to as the
' "City ".
WITNESSETH:
1 TEMPORARY EASEMENT
The Grantors, in consideration of Two Hundred ($200.00)
1 Dollars and other good and valuable consideration to them in hand
paid by the City, the receipt and sufficiency of which is hereby
acknowledged, do hereby grant unto the City, its successors and
assigns, a temporary easement for public construction purposes,
over, on, across, under and through the land situated in the County
1 of Carver and State of Minnesota as described on attached Exhibit
1 "A ► ►.
TO HAVE AND TO HOLD the same, unto the City, its successors
1 and assigns, commencing upon execution of this Agreement and
expiring December 31, 1994, together with the right of ingress to
1 and egress from the property, for the purpose of constructing,
inspecting, repairing and maintaining the property of the City upon
the permanent easement premises hereinafter described, at the will
of the City, its successors and assigns; it being the intention of
the parties hereto that the Grantors hereby grant the uses herein
1 specified without divesting themselves of the right to use and
1
1
1
enjoy the above described temporary easement property, subject only
to the right of the City to use the same for the purposes herein
expressed. 1
As a further consideration for this temporary construction
easement, the City agrees that if it or any of its employees or
agents causes any physical damage to the above described temporary
easement premises which it does not restore to a condition as
nearly as equal as possible to that which existed prior to the 1
construction within a reasonable time after completion of that
construction, the City shall pay the costs of restoring the damaged 1
premises to a condition as nearly equal as possible to that which
existed prior to construction. It is understood that in the removal
of large trees, shrubs and other plants that a like replacement for 1
those items removed during construction is not always possible. In
such cases, compensation for the damaged or removed trees, shrubs, '
or plants will be based upon the value of the Grantors' entire
premises before construction and the value of the premises after
the construction has been completed. • 1
IN TESTIMONY WHEREOF, the parties hereto have signed this
Agreement the day and year first above written. 1
GRANTORS: ,
STEPHEN L. BURNETT ,
MARILYN J. M. BURNETT
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GRANTEE:
11 CITY OF CHANHASSEN
' BY:
Donald J. Chmiel, Mayor
' (SEAL) BY:
Don Ashworth, City Manager
STATE OF MINNESOTA )
ss.
' COUNTY OF
The foregoing instrument was acknowledged before me this
' day of , 1992, by Stephen L. Burnett and Marilyn
J. M. Burnett, husband and wife, to me personally known to be the
person(s) described in and who executed the foregoing instrument
and acknowledged that they executed the same as their free act and
1 deed.
i Notary Public
STATE OF MINNESOTA )
ss.
11 COUNTY OF
On this day of , 1992, before me, a Notary
' Public within and for said County, personally appeared Donald J.
Chmiel and Don Ashworth, to me personally known, who, being each by
me duly sworn, did say that they are respectively the Mayor and
City Manager of the City of Chanhassen, the municipal corporation
named in the foregoing instrument, and that the seal affixed to
said instrument is the corporate seal of said municipal
corporation, and that said instrument was signed and sealed in
' behalf of said municipal corporation by authority of its City
Council, and said Donald J. Chmiel and Don Ashworth acknowledged
said instrument to be the free act and deed of said corporation.
Notary Public
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Cororate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
JRW:srn _
-3-
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EASEMENT NO. 6 - Stephen Burnett (Donald White) 1
A temporary construction easement for public and utility purposes 1
over, under and across the east 17 feet of Lot 2, Block 1, Sun
Ridge, Carver County, Minnesota.
Said temporary construction easement to expire December 31, 1994. 1
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EXHIBIT "A" 1
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. t JV? EXJ TNo/ Fr.10
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Arrt rnev%, at Law
I Thomas) Camphcll (612) 452-5000
Roger N Knutson Fax (612) 452 -5550
I Thomas M Scott '
Gar G Fuchs '..
James R. Walston October 6, 1992
Elliott B. Knetsch CITY OF CNANNASSEN
Michael A Brohack CITY n!{
I Renae D Steiner fanip n
I Mr. Marlin D. Edwards OCj Qi 1992
8950 Audubon Road
Chanhassen, MN 55317 E G� EE I � DEPT
.
II Re: Easement #7 -- Upper Bluff Creek Utilities Project
Dear Mr. Edwards:
II To follow up on my letter of October 1, 1992 and based on
phone conversations I have had with Phil Gravel, consulting
engineer, this letter is to confirm the substance of the
1
conversations I understand you have had with Mr. Gravel regarding
compensation to you for the easements necessary over your property
for the above - referenced project.
II .
This letter is to confirm that Mr. Gravel and I will
recommend to the City council that compensation to you will be
II based on the following:
1. For the permanent and temporary easements, the amount
of $1,080.00.
II 2. The grade of your driveway will be unchanged
following the improvement project.
3. Any trees that die as a result of the work associated
with the project will be compensated as follows:
1 a. Juniper = $350.00
b. Elms = $175.00
c. Plums = $150.00
1 d. Spruce = $ 45.00
e. Crabs and
Hawthornes = $ 30.00
I f. Buffalo Berry = $ 30.00
g. Sendcherry $ 30.00
h. Sumac = $ 30.00
I i. Service Berry = $ 30.00
It is my understanding that upon receipt of this letter you
will execute the Waiver of Trespass /Right of Entry form that I
I sent to you last week. Within the next week or so I will draft
an easement document that contains the proposed agreement set
I Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
1
Marlin D. Edwards
October 6, 1992
Page 2
forth above and will forward that to you for the permanent
easement. We will then recommend to the City council that the
compensation to be paid to you will be as set forth above. Upon
approval by the City council we will forward a check to you in
the amount of $1,080.00 and, at the end of the project, if
necessary, will compensate you for any trees that die.
If you have any questions about this, please feel free to
contact me. Your courtesy and in handling this
matter is sincerely appreciated. 1
Very truly yours,
CAMPBELL, /KNUTSON, •' T & '
FUCHS,
BY:
/...
GGF : kj h Ga, 11' Fuc -
cc: Mr. Don Ashworth 1/7
cc: Mr. Charles Folch
cc: Mr. Phil Gravel
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thomas Campbell
J t (612) 45' -5000
Roger N Knutson Fax (612) 452 -5550
Thomas M. Scott
Gary G Fuchs
James R. Walston October 14 , 1992
Elliott B. Knetsch
' Michael A. Broback
Renae D. Steiner
CITY OF CYINHASSEN
Mr. Gayle 0. Degler GAL f y' ►!�ri 5 '
1630.Lyman Boulevard
Chanhassen, MN 55317 OCT 1992
Re: Upper Bluff Creek Utilities Project
Easement No. 8 and No. 9 ENGINEERING BIT.
Dear Gayle:
' This letter is to confirm the substance of our recent
discussions regarding the easements over your property and over
your parents property for the Upper Bluff Creek Sanitary Sewer`
Project.
When Charles Folch and I met with you and Lois and your
mother and father at Chanhassen City Hall last week, we discussed
several of your concerns as well as topics related to the City's
project and its effect on your property. We informed you of the
City's desire to start the project this week and the City's need
for a right of entry over your property. We then discussed
' compensation to you and your parents for the easements over your
property and the effect of the construction of the lift station on
your property.
•
' Following our meeting, I reviewed your proposal regarding
compensation and discussed the matter with you on the phone.
Based on our meeting at City Hall and on our phone conversation,
the following is my understanding of our discussions:
1. You and your wife Lois, as well as your father and
mother, intend to grant the City the right of entry it
needs to start work this week.
2. Charles Folch, City Engineer, will be writing to you
regarding your request that the drain tile that is
disturbed by the construction be reinstalled with input
' from Mr. Newman (soil conservation) and that fertilizer,
approximately 500 pounds per acre, will be mixed in with
the top soil when the sewer pipe is buried.
3. I will recommend to the City that you and Lois and
your father and mother be compensated for all damages to
your property as follows:
Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, � ,MN 55121
1
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Mr. Gayle Degier
October 14, 1992
Page 2
Gayle & Lois Dean & Lois
Temp. Easement: $ 450.00 $ 6,000.00
Perm. Easement: 5,400.00 13,050.00
Severance: 5,000.00 2,500.00 1
Test Holes: 150.00 100.00
Total $11,000.00 $21,650.00 ,
As you will recall from our conversation, I cannot bind the
City to an agreement, but can only make recommendations to the
City regarding agreements. The City Council has the final
decision. I will recommend the above terms to the City as
compensation for the easements. -
In addition, you and I discussed the timing of the payment
and we also discussed the possibility of the City transferring
land it owns at the Lyman Boulevard, Audubon Road intersection to
you or your parents in lieu of some or all of the above
compensation. I am still exploring the background on that point
and will keep you informed.
I believe the above accurately states our conversations. If
not, or if you have any questions, please contact me. Finally, on
• behalf of the City, I wish to express my sincere appreciation for
the courtesy and cooperation shown by both you, Lois, and your
parents in our recent dealings. '
Best personal regards,
CAMPBELL, KNUTSON, SCOTT & '
FUCHS, F.A.
BY: /AW u/ �S
Gaf!'Gr Fu. .=-'
GGF : kj h 1
Enclosures
cc: Mr. Don Ashworth 111
Mr. Charles Folch
Mr. Dean Degier
Mr. Phil Gravel
y10Af " N1) /e // /3 7,-,
1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
I Thoma, I Camphcll
Roger N Knutson (612) x}52 -5000 Fax (612) 452 -5550
1 Thomas M Scott
Jane G Fuchs.
James R. Walston CITY OF CHANHASSEN
Elliott B. Knersch Enna
�° 4 5�
Michael A Brohack October 6 , 1992 �ll�l
Renae D. Steiner OCT 0 r' 1992
Mr. Charles Mattson
2870 Wheeler Street ENGINEERING DEPT.
St. Paul, MN 55113
II Re: City of Chanhassen - Upper Bluff Creek Improvement
Project
II Dear Mr. Mattson:
I represent the City of Chanhassen as City Attorney for public
improvement projects. I understand from my phone conversation with
I Mr. Phil Gravel, consulting engineer to the City on the above -
referenced project, that you and Mr. Gravel have discussed the
easements over your property required by the City for the project
II and that you have also discussed compensation terms with Mr. Gravel
that would be acceptable to you. I have drafted the enclosed
Easement Agreement based on my conversations with Mr. Gravel.
II
It is my understandi that the acc terms are as
follows:
II 1. Payment of $19,350.00 for temporary and perpetual
easements.
I 2. Compensation to be paid to you between January 1,
1993 and January 10, 1993.
II 3. Any special assessments will not be payable until
1995.
4. The easement for trail purposes shall stop 1,305
II _ south of the north property line.
5. You will receive an additional $100.00 per acre for
I that part of the temporary easement which is not farmable
by May 1, 1993.
I have taken the liberty of making an adjustment to those
I terms. Rather than waiting until May 1993, and then trying to
determine what is "farmable ", I have simply added $500.00 to the
total. The temporary easement area is 5.09 acres. Mr. Gravel and
II decided that it is easier on all of us to just add the $500.00
S uite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
rp g ,
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Mr. Mattson
October 6, 1992
Page 2
•than it is to go through an evaluation of what is "farmable" in May
1993 and then try to get a second payment. If the land can be
farmed in May of 1993, you can farm it. If not, you will have
already been paid. Since that change is in your favor, I trust it
is acceptable to you. I have included in the Easement Agreement
payment to you of $19,850.00, which is $500.00 more than the amount
for the temporary and permanent easements.
Please review the enclosed- Easement Agreement. If you have
any questions, please feel free to call me. If not, please sign
the agreement in front of a notary public and return to me at your
earliest convenience. I will then see that it is placed on the
next city council agenda with our recommendation for approval. If
it is approved by the council, we will then schedule payment to you
for early 1993 in accordance with the agreement.
Thank you for your cooperation in this matter. Once again, if
you have any questions, please feel free to call me.
Very truly yours, 1
CAMPBELL, 1 SON, SCOTT
& FUCHS, fA. 1
Ai /°
By: A1 .Alk r►L�
Ga-f G4 Fuc
GGF : kj h 1
Enclosure
cc. Phil Gravel
Charles Folch
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11 EASEMENT AGREEMENT
THIS AGREEMENT made this day of , 1992, by
and between CHARLES W. MATTSON, a single person, hereinafter
referred to as "Grantor ", and the CITY OF CHANHASSEN, a municipal
corporation organized under the laws of the State of Minnesota, the
Grantee, hereinafter referred to as the "City ".
WITNESSETH:
TEMPORARY EASEMENT
The Grantor, in consideration of One Dollar ($1.00) and other
good and valuable consideration to him in hand paid by the City,
the receipt and sufficiency of which is hereby acknowledged, does
hereby grant unto the City, its successors and assigns, a temporary
' easement for public construction purposes, over, on, across, under
' and through the land situated in the County of Carver and State of
Minnesota as " described on attached Exhibit "A";
TO HAVE AND TO HOLD the same, unto the City, its successors
and assigns, commencing upon execution of this Agreement and
' expiring December 31, 1994, together with the 'right of ingress to
and egress from the property, for the purpose of constructing,
inspecting, repairing and maintaining the property of the City upon
the permanent easement premises hereinafter described, at the will
of the City, its successors and assigns; it being the intention of
' the parties hereto that the Grantor hereby grants the uses herein
' specified without divesting himself of the right to use and enjoy
the above described temporary easement property, subject only to
the right of the City to use the same for the purposes herein
expressed.
'
10/5/92
1
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As a further consideration for this temporary construction 1
easement, the City agrees that if it or any of its employees or
agents causes any physical damage to the above described temporary 1
easement premises which it does not restore to a condition as
nearly as equal as possible to that which existed prior to the
construction within a reasonable time after completion of that 1
construction, the City shall pay the costs of restoring the damaged
premises to a condition as nearly equal as possible to that which 1
existed prior to construction. It is understood that in the removal
of large trees, shrubs and other plants that a like replacement for
those items removed during construction is not always possible. In 1
such cases, compensation for the damaged or removed trees, shrubs,
or plants will be based upon the value of the Grantor's entire 1
premises before construction and the value of the premises after
the construction has been completed.
PERMANENT EASEMENT
Further, the Grantor, in consideration of the additional sum
of One Dollar ($1.00) and other good and valuable'consideration to
him in hand paid by the City, the receipt and sufficiency of which
is hereby acknowledged, does hereby grant and convey to the City of 1
Chanhassen, its successors and assigns, forever, a permanent
easement and right -of -way for public trail and utility purposes
over, across, on, under and through land situated within the County
of Carver and State of Minnesota as described in attached Exhibit
..A,.. 1
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11 INCLUDING the rights of the City, its contractors, agents,
servants and assigns, to enter upon the easement premises at all
' reasonable times to construct, reconstruct, inspect, repair and
maintain public trail and utility systems over, across, on, under
' and through the permanent easement premises, together with the
right to grade, level, fill, drain, pave and excavate the easement
premises, and the further right to remove trees, bushes, under-
growth and other obstructions interfering with the location and
construction and maintenance of said public improvements.
The above named Grantor, for himself, his successors, heirs
11 and assigns does covenant with the City, its successors and
assigns, that he is well seized in fee title of the above described
1 temporary and permanent easement premises and that he has the sole
right to grant and convey the temporary and permanent easements to
1 the City.
The City and Grantor agree that as and for full compensation
for the temporary and permanent easement premises the City shall
1 pay Grantor the total sum of $19,850.00, said sum 'shall be due and
payable to Grantor no sooner than January 1, 1993 and no later than
January 10, 1993. In addition, the City agrees that the first
I payment of any special assessment levied on the Grantor's property
as a result of the public improvement project for which the
1 easement premises are being acquired shall not be due and payable
until 1995 or later.
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IN TESTIMONY WHEREOF, the parties hereto has signed this 1
Agreement the day and year first above written.
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GRANTOR:
1
CHARLES W. MATTSON, a single person
GRANTEE:
CITY OF CHANHASSEN 1
BY:
Donald J. Chmiel, Mayor 1
(SEAL) BY:
Don Ashworth, City Manager
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STATE OF MINNESOTA )
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 1992, by Charles W. Mattson, a single
' person, to me personally known to be the person(s) described in and
who executed the foregoing instrument and acknowledged that he
executed the same as his free act and deed.
1
Notary Public
STATE OF MINNESOTA )
' COUNTY OF ) ss. )
On this day of , 1992, before me, a Notary
Public within and for said County, personally appeared Donald J.
Chmiel and Don Ashworth, to me personally known, who, being each by
me duly sworn, did say that they are respectively the Mayor and
City Manager of the City of Chanhassen, the municipal corporation
named in the foregoing instrument, and that the seal affixed to
said instrument is the corporate seal of said municipal
corporation, and that said instrument was signed and sealed in
behalf of said municipal corporation by authority of its City
Council, and said Donald J. Chmiel and Don Ashworth acknowledged
said instrument to be the free act and deed of said corporation.
' Notary Public
1 DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
' 317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
1 JRW:srn
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EASEMENT NO. 10, 11 & 13 - CHARLES W. MATTSON
11
A perpetual easement 20 feet in width for public trail and utility
purposes and a temporary construction easement 100 feet in width over,
under and across that part of the Southwest Quarter of the Northeast
Quarter of Section 22, Township 116, Range 23, Carver County, Minnesota
which lies west of Block 1 of Sun Ridge, according to the recorded plat
thereof and over, under and across the east 500 feet of the Northwest
Quarter of said Section 22 except the following described property:
That part of the Southeast Quarter of the Northwest Quarter of
Section 22, Township 116, Range 23, Carver County, Minnesota,
described as follows: Commencing at the southeast corner of
the Northeast Quarter of said Section 22; thence South 89
,degrees 57 minutes 53 seconds West, assumed bearing, 2649.54
feet along the south line of said Northeast Quarter to the
southeast corner of Southeast Quarter of the Northwest
Quarter of Section 22, said point also being the point of
beginning of the tract to be described; thence continuing
South 89 degrees 57 minutes 53 seconds West 499.83 feet along
said south line; thence northwesterly 247.29 feet along the
center of a public roadway on a non - tangential curve concave to
the northeast with radius of 954.93 feet through a central
angle of 14 degrees 50 minutes 14 seconds, chord bearing North
72 degrees 54 minutes 36 seconds West 246.59 feet; thence
North 00 degrees 24 minutes 57 seconds West 592.50 feet;
thence North 89 degrees 35 minutes 03 seconds East 377.00 feet;
thence South 71 degrees 53 minutes 06 seconds East 377.58 feet
to a point on the east line of said Southeast Quarter of the
Northwest Quarter; thence South 00 degrees 24 minutes 57
seconds East 550.00 feet along said east line to the point of
beginning.
The centerline of said perpetual easement for public trail and utility II
purposes and said temporary construction easement is described as
beginning at a point on the north line of the Northwest Quarter of said
Section 22 distant 69.82 feet west from the northeast corner of said
Northwest Quarter, said north line has an assumed" bearing of South 89
degrees 59 minutes 58 seconds West; thence South 1 degrees 51 minutes 55
seconds East 1305.82 feet; the perpetual easement for public trail II purposes there terminating and the perpetual easement for public utility
purposes continuing from that point; thence South 13 degrees 32 minutes
32 seconds West 365.00 feet; thence South 26 degrees 38 minutes 14 I
seconds West 395.05 feet; thence South 34 degrees 00 minutes 50 seconds
East 311.90 feet; thence North 89 degrees 59 minutes 22 seconds East
132.84 feet to a point on the east line of said Northwest Quarter distant
381.40 feet north from the southeast corner of said Northwest Quarter;
thence continuing North 89 degrees 59 minutes 22 seconds East 249.57
feet; thence South 0 degrees 27 minutes 27 seconds East 284.86 feet;
thence North 89 degrees 55 minutes 35 seconds East 139.90 feet; thence
South 0 degrees 24 minutes 49 seconds East 96.35 feet to the south line
of the Southwest Quarter of the Northeast Quarter of said Section 22 and
said centerline there terminating.
Said temporary construction easement to expire December 31, 1994.
EXHIBIT "A" 1
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