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3i. Temp Easement for Lot 11, Sunset View ii , 3 ti • I CITY OF 1 1 CHANHASSEN 1 Ot''' '' _3 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 I , { ,. _r{ .,, �, OFFICIAL ENuiN.,13.,N.. C.: Received —_ MEMORANDUM I Revision No. ___�. r ---.__. TO: Charles Folch, Asst. City Engineer Apprcved by ^j�: E ,r.:- II FROM: Dave Hempel, Sr . Engineering Technician Date 44/Y',/ _ Approved by City Coth;di DATE: April 18 , 1991 Date IISUBJ: Release of Temporary Utility Easement over Lot 11, Block 1, Sunset View Addition - Horr Property II Mr . and Mrs . Ron Horr, residents at 7510 Chanhassen Road, have sold their home. During the title search it was discovered that there is an existing temporary easement for storm drainage I purposes that blankets the entire property. The temporary easement was conveyed to the City on May 14, 1987 in conjunction with a previous storm sewer project through their property. II After completion of the project the property owners were to convey to the City, at their own expense, a permanent easement for utility purposes over a strip of land 25 feet in width to I cover the drainage improvements . Since this easement was never conveyed by the Horrs the City has not released the temporary easement. The City attorney has modified the easement document IIaccordingly to include drainage purposes . Staff recommends granting the release of the temporary easement conditioned upon the Horrs executing the attached permanent II drainage and utility easement over Lot 11, Block 1, Sunset View Addition . IIlap iic4ttn f■y r. Attachment: 1 . Location map. II 2 . Copy of temporary easement. ���' '= !� � 3 . Copy of proposed permanent easement. M`'='N•----_ --_--� E.f•f,,,... _ _.. c: Mr . & Mrs . Ron Horr I t I I <I I. \ \\\ 33 33 1 �� . '`\ HENRY SOSIN °z BK 144, P 289 — \ \ ' \ I s 0 , / OHW W \\ 896.3 2 \\ 3\\ 4 U \\, \\_______5c w z1.7( i \ \:, \ 7 to 15 \ / z z \\ 8 G U 4! 1 o7 -\= HORR PROPERTY 9 u_:u_ H o•o P2, x, `9 . OV v v I R'E'c , 10 �' o II 6 nvT �;T ^J 1 1w �.J 4‹ '+ `G, -. � V -� 5 8 sNlE .\I2 13 50 16 i - r' ' •i NSEN W 4 r 7 �; 5,` 229,7323o, ` • `-- 150----V ; 3 6 9 {�,a I :. , ; � 2 ! � _ H 2 cv s 5� ._... BK 131,P 418- • 1 .;, \ 3� / �_c, 4 55v Q� �0���t�\� o, Pl �Y O - 1 65 ,ice b' I 4 I 3 • 8T ._ `, 13 so m p 6 66a �� W a+t SOUTH 5° -Si, N . W 4) 1n O ~. Ili 79 n • o • xo „ 2 O 4 h ��' z z J 10 Zm a� P�� _ - 3 `^a o V' yO pV i 0 Y 2 64- loo-_ t Vo `'S ©©9s ATTACHMENT IT. to ,p , ,p{ ACHMENT 1 I 11 AGREEMENT I AGREEMENT made this /4it, day of filA1 , 1987 , between the CITY OF CHANHASSSEN, a Minnesota municipal corporation (the 1 "City" ) , and RONALD G. HOER and Joyce L. HORR, husband and wife ( "Owner" ) . NOW, THEREFORE, in consideration of the mutual covenants I the parties agree as follows : 1 . The Owner hereby grants to hereby the City a 'r.PTTI�'�QrA rV Pr"i GPTi'1PY1,_ for storm sewer lines , drainage , and erosion control devices over, across , and under the following described property in the City: Lot 11 , 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 i 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 I with the right to grade, level , fill , drain, and excavate the easement premises, and the further right to remove trees, bushes, I undergrowth and other obstructions interfering with the location, construction, and 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. I 2. After the storm sewer lines have been constructed the City, at its own expense, shall have them surveyed. The Owner 1/ shall then convey to the City, without any additional compensation other than the mutual covenants set forth herein, a permanent I ATTACHMENT 2 • 1 I easement for public utility purposes of a strip of land 25 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 .o time storms will occur that the storm sewer will noL be able to handle. The Owner releases the City, its agents and contrac- 11 tors , from any damage to their property or person resulting from the design , construction, and maintenance of the storm sewer system. I CITY D' HANHASSEN BY: ` Thomas-,L. Hamilton, Mayor BY: Do , shworth,' City Manager 1 _ r .r RONA D . HO" ' I H RR STATE OF MINNESOTA ) ( ss. ' COUNTY OF CARVER ) The fore oing instrument was acknowledged before me this day of , 1987, by Thomas L. Hamilton, Mayor, and by Don Ashwo 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. lirRy i :LIC . YKARENptiti 'CNGELNNESO A i_ CARVER COUNTY My oommisuon expires 10-1(661 -2- STATE OF MINNESOTA ) I ( ss. COUNTY OF CARVER The fy going instrument was acknowledged before me this 1 day of �'f.L(,� , 1987 , by RONALD G. HORR and HORR, husband and ife. C --� - -� - NOTARY PUBLIC I VICTORIA E. C1 ittr ak NOTARY PUBUO44INNESOTA ti CARVER COUNTY � r my commhNon expaw W� I 1 I 1 I I I 1 1 I I -3- I E A S E M E N T A G R E E M E N T 1 THIS AGREEMENT made this day of , 198---, by and between: hereinafter referred to as "Grantor(s) " , 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" ) . 11 W I T N E S S E T H: PERMANENT EASEMENT The Grantor(s) , in consideration of One Dollar ($1 .00) and other good and valuable consideration to in hand paid by • the City, the receipt and sufficiency of which is hereby acknowledged, do hereby grant and convey to the City of Chanhassen, its successors 11 and assigns , forever, a permanent easement and right-of-way for public utility and storm sewer purposes over, across, on, under, and through land situated within the County of Carver and State of Minnesota as described in attached EXHIBIT "A" ; INCLUDING the rights of the City, its contractors, agents, servants , and assigns , to enter upon the easement premises at all reason- able times to construct, reconstruct, inspect, repair, and maintain public utilities and storm sewer over, across, on, under, and through the permanent easement premises, that together with the right to grade , level , fill , drain, pave, and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location and construction and maintenance of said public utilities and storm sewer. I EXHIBIT "A" 1 • I )1 The above-named Grantor(s) , for , successors, heirs, and assigns do covenant with the City, its successors and assigns, well seized in fee title of the above described permanent easement premises and the sole right to grant and convey the permanent easements herein to the City. IN TESTIMONY WHEREOF, the parties hereto have signed this Agreement II the day and year first above written. GRANTOR(s) • I/ I I 1 GRANTEE CITY OP C-HANHASSEN (SEAL) BY: I Thomas L. Hamiltcon, Mayor BY: 11• Don Ashworth, City Manager STATE OF MINNESOTA ) I ( ss. COUNTY OF CARVER ) , The foregoing instrument was acknowledged before me this 'day of , 198 , by to me personally known to be the 1/ p Y person(s•) described in and who executed the foregoing instrument and acknowledged that executed the same as free act and deed. Notary Public I 1 II II I STATE OF MINNESOTA ) ( ss. . COUNTY OF CARVER ) IThe foregoing instrument was acknowledged before me this day of , 19 , by II to me personally known to be the person(s) described in and who executed the foregoing instrument and acknowledged that executed the same as free act and deed. J. II Notary Public II- STATE OF MINNESOTA ) ( ss . IICOUNTY OF CARVER ) On this day of , 198 , before me, a Notary II Public within and for said County, personally appeared Thomas L. Hamilton 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 II 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 II its City Council , and said Thomas L. Hamilton and Don Ashworth acknowledged said instrument to be the free act and deed of said corporation. IINotary Public II DRAFTED BY: IIGrannis, Grannis, Farrell & Knutson, P.A. 403 Norwest Bank Building II 161 North Concord Exchange South St. Paul , MN 55075 (612) 455-1661 I OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER II Filing Fee li IO. ' This is to certify that this document was filed in this office gn theil day of rciy 191 A.D.at :3n o'clock I A. M. and was duly recorded as document no.87019 CARL W.HANSON JR. County e order ,y,�� • • se by: wxe+ .x+ „• P, I CAMPBELL , KNUTSON , SCOTT & FUCHS , P .R Rpr its ,' 1 1L •vi ivu .vvJ r . „z CAMPBELL, KNUTSON SCOTT & FUCHS, P.A. Attorneys at Law Thomas J. Campbell Roger N. Known (612)456.9539 Thomas M. Scott Fax(612)456.9542 Gary 0. Fuchs James R Walston Ellii:tt R Knersch Gregory L), I.twis April 18, 3.991 1 L)cnnis). Unger VIA FAX TRANSMISSION 1 Mr. David C. Hempel Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 RE: Permanent Drainage and Utility Easement for Lot 11, Block 1, SUNSET VIEW ADDITION Dear Dave: I Enclosed please find original proposed resolution vacating temporary easement recorded as Document No. 87019 in regard to the above matter. As discussed, the City Council will approve the _ vacation in connection with the grant of a new 25 foot permanent drainage and utility easement over the above described property. As discussed, I will deliver the resolution upon confirmation of the execution of the new 25 foot drainage and utility easement. A copy of the new drainage and utility easement is enclosed for your 11 records. The original has been sent to Universal Title in care of Holly Beerling. Very truly yours, I CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 4110 - R. Walston JRW:srn Enclosures cc: Holly Beerling I Yankee Square Office 111 • Suite 202 • 3460 Washington Drive • Eagan. MN 55122 ATTACHMENT 3 1 IICAMPBELL , KNUTSON , SCOTT & FUCHS , P .A Apr 18 ,91 12 :02 No .005 P .03 I CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, 'MINNESOTA RESOLUTION Date Resolution No. Motion By w Seconded By RESOLUTION VACATING TEMPORARY EASEMENT WHEREAS, the Chanhassen City Council has been requested to consider the vacation of the following described temporary easement: A temporary easement for storm sewer lines, drainage, and erosion control devises over that part of Lot 11, Block 1, SUNSET VIEW ADDITION, Carver County, Minnesota. _' Said easement is dated May 14, 1987, and filed May 10, 1987, with the Carver County Recorder as Document No. 87019; and WHEREAS, it appears that it is in the public interest to ' vacate the easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the ' City of Chanhassen: 1. The above described easement is hereby vacated. 2 . T h e City C 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 I 1 CAMPBELL , KNUTSON , SCOTT & FUCHS , P .R Apr 18 ,91 12 :U2 Na .005 V .U4 a GRANT OF PERMANENT EASEMENT GREGORY J. LINDSLEY, a single person, and MARIA J. STOFFEL, a single person, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable I consideration, the receipt and sufficiency of which is hereby = � acknowled g ed do hereby grant unto the CITY OF CHANHASSEN, a I 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 I drainage and utility purposes over, across, on, under and through land situated within the County of Carver and State of Minnesota and legally described as follows: A permanent easement for drainage and utility purposes over the northeasterly and easterly 25 feet of Lot 17., Block 1, SUNSET VIEW ADDITION 1 INCLUDING the rights of the City, its contractors, agents, servants and assigns, to enter upon the easement premises at all 1 reasonable times to construct, reconstruct, inspect, repair and maintain the public drainage and utility systems over, across, on, under and through the easement premises, together with the right to grade, level, fill, drain, and construct a retaining wall on the easement premises, and the further right to remove trees, bushes, 1 undergrowth and other obstructions interfering with the location, construction and maintenance of the public drainage and utility systems. a ' The above named Grantors, for themselves, their successors, heirs and assigns do covenant with the City, its successors and , 11 assigns, that they are well seized in fee title of the above ' described easement premises and that they have the sole right to grant and convey the easement to the City. IN TESTIMONY WHEREOF, the Grantors hereto have signed this Agreement this day of , 1991. GRANTORS: I GREGORY J. LINDSLEY 1 MARIA J. STOFFEL STATE OF MINNESOTA ) II ) ss. COUNTY OF ' The foregoing instrument was acknowledged before me this day of , 1991, by Gregory J. Lindsley, 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. ' Notary Public STATE OF MINNESOTA ) COUNTY OF ) ss.) 1 The foregoing instrument was acknowledged before me this day of , 1991, by Maria J. Stoffel, a single person, to me personally known to be the person(s) described in and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed. Notary Public DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 3460 Washington Drive, Suite 202 Eagan, Minnesota 55122 (612) 456-9539 1 CAMPBELL , KNUTSON , SCOTT & FUCHS , P . A Apr 18 ,91 12 04 No .005 P .06 CONSENT TO EASEMENT ' CENTRUST MORTGAGE CORPORATION, which holds a mortgage on all 1 or part of the property more particularly described in the foregoing i easement agreement, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in and consent to the foregoing easement agreement. 1 CENTRUST MORTGAGE CORPORATION BY: —Its AND Its ' STATE OF MINNESOTA ) I ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this II 1991, by day of and by—. , the and of CenTrust Mortgage Corporation, on its behalf. NOTARY PUBLIC II DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 3460 Washington Drive, Suite 202 Eagan, Minnesota 55122 (612) 456-9539 I 1