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5. Temp utility easement Sunset View CITY OF ..3- ..._....._ i , # CHANHASSEN 1 04 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN;MINNESOTA 55317 I (612) 937-1900 • FAX (612) 937-5739 OFFICIAL ENGINEERING COPY I Received Revision No. Approved by City Engineer IMEMORANDUM Date 4''I$4/ OF Approved by City Council 1 TO: Charles Folch, Acting City Engineer Date FROM: Dave Hempel, Sr. Engineering Technician /. 1 DATE: May 15, 1991 1 SUBJ.: Release of Temporary Utility Easement over Lot 12, Block 1, Sunset View; PW 052E 1 The homeowner at 20 Hill Street, Mr. Richard Powers (Lot 12, Block 1, Sunset View Addition ) , has requested the City to release the temporary drainage easement over his property. Mr. Powers is currently refinancing his mortgage and this temporary easement 1 turned up in the title search. This request is similar to the previous request that was 11 processed by the City Council on April 18, 1991 on the adjacent parcel (Lot 11, Block 1, Sunset View Addition) . Similarly staff recommends granting a release of the temporary drainage easement 1 conditioned upon the resident, Mr. Powers, executing a permanent drainage and utility easement with the City over the appropriate utilities and lot lines in Lot 12, Block 1, Sunset View Addition. The exact legal description of the permanent easement to be 1 conveyed will be prepared by staff. Attachment: 1. Location Map. 1 2 . Copy of Temporary Easement. r_ � ,, r�: 3 . Resolution Vacating Temporary Easement. Mr. Richard Powers IC: r' 5-1 _. 5-9_L_._ -- S-20 ti ... I I tI 33 33 ',` HENRY } BK 144, P Og'N N• 4 \ �J \\\\‘‘ OHW \\ 896.3 1 1a ' It' \ Wsa 15 I� tel a 1 ;� i CJ �,\ 8 Z z N.�UBJECT PROPERTY 9 Lo ~ _ tL;LL o.o D 10 . , \10 i II U U / I1 `� 4) 1 w � ( °�,T`�T � 13 Q J� G 4 s 5 \�E /12 13 V 1 14 ,� ' bo 16(n4 r f • W '9.27ko, 5 MI 1 - . .I- 2 w 1i :O C1• g 4 O - I� i „A 13 so i. m O abf a 6 V ' 6(Da SOUTH I `` O m W el 10 ' P■ . t..,.../........- h W 5 ~\/_ O .�y Z O 4 `'ou ► - `ON O L ®4© �`� °° ATTACHMENT ACHMENT 1 I AGREEMENT AGREEMENT made this k!4 day of j� L 1987 , between the CITY OF CHANHASSSEN , a Minnesota municipal corporation (the "City" ) , and WESLEY G. ARSETH and _ ,K. ARSETH, husband and wife ( "Owner" ) . NOW, THEREFORE , in consideration of the mutual covenants the parties agree as follows : 1 . The Owner hereby grants to the City a temporary easement for storm sewer lines , drainage , and erosion control devices over, across, and under the following described property in the City: Lot 12 , Block 1 , Sunset View , 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 ' storm sewer lines , drainage , and erosion control devices 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, cons:-ruction, ancQ maintenance of the storm sewer lines and drainage systems. The temporary easement shall expire when the Owner conveys to the City the permanent easement described in paragraph 2 of this Agreement. 2. After the storm sewer lines have been constructed the City, at its own expense, shall have them surveyed. The Owner shall then convey to the City, without any additional compensation other than the mutual covenants set forth herein, a permanent ATTACHMENT 2 ' I easement for public utility purposes of a strip of land 10 feet in width. The form of the permanent easement is attached ' hereto as Exhibit "A" . 3 . Restoration of fill areas, including but not limited to sodding and seeding, shall be the responsibility of the Owner. ' 4. The City shall construct the storm sewer to a 10-year design storm capacity. The City and the Owner recognize that from time to time storms wL11 occur thab the storm sewer will nob be able to handle . The Owner releases the City, its agents and contrac- tors , from any damage to their property or person resulting from the design , construction, and maintenance of the storm sewer system. CITY OF CI,ANHASSEN / BY: r c72 -L // ( TThomas .- Hamilton, Mayor BY: C ( ' Don Ashworth, City Manager ' WES 1'Y7. . AR 9-I-I ' /7,/e,_e. y;, ARSETH STATE OF MINNESOTA ) ' COUNTY OF CARVER ( ss.) The fore oing instrument was acknowledged before me this _aZ _ hw day of _ , 1987 , by Thomas L. Hamilton, Mayor, and by Don Aso th, City Manager, of the City of Chanhassen, a Minnesota corporation, on behalf of the corporation and pursuant to the authority granted by the City Council . .. _I Agri ' NOT• PU JIC KAREN J. ENGELHARDT ' tr NOTARY PUBLIC - MNNESOTA -.-,'4; CARVER COUNTY 6-o1 commission on axpi 1 -2- I STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) 1 The foregoing instrument was acknowledged before me this jr0.1 day of It ,'„t L -___, 1987 , by WESLEY G. ARSETH and L''- !•,-e j ARSETH, husbandnd wife NOTA,R PUBLC 1 -�''=�` KAREN J. ENGEU4ARDT �' NOTARY PUBLIC -MINNESOTA DRAFTED BY : �"t"'\ CARVER COUNTY My commission exDU S 10-1641 Grannis , Grannis , Farrell & Knutson, P.A. 403 Norwest Bank Building 1 161 North Concord Exchange South St . . Paul , MN 55075 (612) 455-1661 1 • • 1 i 1 1 1 OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER • Filing Fee — This is to certify that this document was filed in this office on thel'L day ofd-19 IL A.D.at R: o'clock and was duly recorded as document no. 86567 CARL.W.HANSON JR. County Recorder by' M _G- -3- 1 /I CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA IRESOLUTION Date Resolution No. Motion By Seconded By ' RESOLUTION VACATING TEMPORARY EASEMENT WHEREAS, the Chanhassen City Council has been requested to consider the vaction of the following described temporary easement: A temporary easement for storm sewer lines, drainage, and erosion control devises and public utilities over that part of Lot 12, Block 1, SUNSET VIEW, ' Carver County, Minnesota. Said easement is Dated April 10, 1987, and filed May 1, 1987, with the Carver ' County Recorders as Document No. 86567; and WHEREAS, it appears that it is in the public interest to vacate the ' easement. i NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The above described easement is hereby vacated. 2. The City Clerk is directed to file a certified copy of this ' resolution with the County Auditor and County Recorder. ADOPTED this day of , 1991, by the City Council of the City of Chanhassen. ATTEST: Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor ATTACHMENT 3 1