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1e. Wynsong: Approve Drainage and Utility Easement4 CITY OF CAANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM �f , TO: Paul Oehme, PE y Public Works Director /City Engineer FROM: Alyson Fauske, PE Assistant City Engineer DATE: June 10, 2013 SUBJ: Approve Drainage and Utility Easement on Lot 4, Block 1 Wynsong (Simple Majority Vote) PROPOSED MOTION "The City Council is recommended to approve the dedication of an additional five feet of public drainage and utility easement on Lot 4, Block 1, Wynsong as described on the attached. City Council approval requires a simple majority vote of the City Council present. On February 11, 2013 the City Council approved the Wynsong final plat, located west of Galpin Boulevard and south of Lake Harrison Road. The final plat included a drainage and utility easement over the private street with the minimum width being 30'. During the preconstruction meeting the developer's engineer discovered that additional easement would be required to accommodate the installation of the small utilities. The developer requests to dedicate an additional five feet (5') of public drainage and utility easement on Lot 4, Block 1 Wynsong to remedy the situation. Staff recommends that the City Council approve the attached Drainage and Utility Easement Agreement. Attachment: Easement Agreement c: Todd Simning, Kroiss Development Cara Otto, Otto Engineering g: \eng \projects \t -z \wynsong \06 -10 -2013 approve esmt agmt.docx Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow -1e GRANT OF PERMANENT EASEMENT FOR PUBIC DRAINAGE AND UTILITY PURPOSES GALPIN BLVD. PARTNERS, LLC, a Minnesota limited liability company, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acl mowledged, does hereby grant unto the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "N' and depicted on the attached Exhibit `B ". 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 said public drainage and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. 170386VI The above named Grantor, for itself, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants, IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this day of M 2013. STATE OF MINNESOTA ) )ss• COUNTY OF CARVER. ) GRANTOR: GALPIN BLVD. PARTNERS, LLC C Its: The foregoing instrument was M. knowledged before m this Z 2" day of • 2013, by ��- the , of Galpin Blvd. Partners, LLC, a Minnesota limited liabiliry company, on behalf of said company. &01 - -r _ -+ Z 56 j FW Q MEN - DRAFTED BY: CAMraBLL Kmnsm Professional Associa"i 317 EagwWale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: 651- 452 -5000 RNK/cjh LISA MAE FAILS NoTARYPusuc NIIII MTA ConnpflNo� Jen.81,2Wi 170386v1 2 EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT A perpetual easement over, under, and across that part of Lot 4, Block 1, WYNSONG, Carver County, Minnesota, according to the recorded plat thereof that lies Easterly, Northerly, and Westerly of the Southerly drainage and utility easement as dedicated on said WYNSONG and Southerly of the following described line: Commencing at the Northwest corner of said Lot 4; thence on an assumed bearing of South 89 degrees 43 minutes 14 seconds East, along the North line of said Lot 4, a distance of 127.67 feeet; thence South 13 degrees 41 minutes 49 seconds West, a distance of 138.54 feet to the point of beginning of said line; thence South 70 degrees 40 minutes 50 seconds East, a distance of 120.61 feet; thence South 55 degrees 05 minutes 04 seconds East, a distance of 58.71 feet to the Westerly line of the dedicated drainage and utility easement on said Lot 4 and said line there terminating. 165580v1 M"L vivo 1.rowwa Easement Exhibit N comer of Lot 4 17707 f; eBbtlr r, aM�A l r C wr t�wat7t AAN a r 1 r r / r 1 1 , 4w s PROPOW DRAOMW AND UWJTr EAMO : ►, A papetuaf owwrot ow. wmW. cad oaaw !bat pymatt of tot 4 &sok b wfiMM Cesar tbawgp etlw.eta fe th. rrcwdW thastf chat Abe tatsrX �rhsfx and d �hoe�riiabeas l and � "eseoaene w eedXesead m Wt �� at fbe HerdhRwt 40nter of rsld�Lat k flrraw w m awwrasd bspiag ar� yyy�� +s rs seomr► EwS akaa tba Nortla des► of add ear k o dWwco d 71xC7 fmt theca SWM IS drum dr adwto Ia isemasa Mbt a d&taiat d MM Rwt tt tM "ht d d adw Ada M . , SN A lea dapwt 4O aataahs d0 aecaMlr Earl a datenm of } 0 I,* thanes $,,0 33 deyta�+s ,S mtautat erf aeeaadtr East a de+taaoe d 3877 fiat to the Wows* Ad► of the dedketd dolm" aed awgr aonorst w a.w tat I cad Aw Ado d+ra • dWjW ko*rAoe~ehwd p &WWW- kich0p74AaM dr»pp»MfMdo entad LkOWAMM hW d rdv4 crash w wW trat ram. c0L4p L kw,wd Lard 5law)w wd§rft A"Mofft Atlroretoda. Pad 6 oft �' Kroiss 5115113 1 PEO f:. �► N 5' 1 ► i ► as o .70 1 1 4 ► 1 Rca7�ed' s10 menu car: tJaotardw. PEO f2 —ot9t MORTGAGE HOLDER CONSENT TO EASEMENT CHARLES C. S. SONG, who holds a mortgage on all or part of the property subject to the foregoing Grant of Permanent Easement for Public Drainage and Utility Purposes, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents and is subject to the foregoing Easement. Dated this 2 4 day of 2013. STATE OF MINNESOTA ) COUNTY OF Charles C. S. Song f The foregoing instrument was acknowledged before me this 2V" day of 2013, by Charles C. S. Song. NO LIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452 -5000 AMP /ojh l65580vf OLISAMAEFAIL PUBLIs INN WTA