1e1998 Trail Easement Payment2i{y Center Drive, PO Box 147
~nhassen, Minnesota 55317
Phone 612.93Z 1900
'eneral Fax 612.93Z5739
qneering Fax 612.93Z9152
lic Safe~y Fax 612.934.2524
b www. ci. chanhassen, mn. ~
MEMORANDUM
TO: Scott Botcher, City Manager
FROM: Todd Hoffman, Park and Recreation Director
DATE: August 4, 1999
SUB J:
Approve Temporary and Permanent Easement Payment,
1998 Trail Project
Approximately 88 separate easements are required to complete the six trail
segments in the 1998 Trail Project. The easements fall into one of three
categories: 1) Temporary, 2) Permanent, or 3) Temporary and Permanent.
Generally, these easements are narrow strips of property along an existing right-
of-way.
This submittal represents the last two remaining easements. The agreed upon
value for the easements are $1,993.47 payable to Jamar Investments, Daniel and
Robin Edmonds and $1,163.70 payable to Jamar Investment, Inc. The easements
are for the Bluff Creek Trail. Midwest Asphalt has been given notice to proceed
on Monday, August 9th. These parcels were appraised by the firm of Lyle H.
Nagel and Company. The agreed upon cost to have each appraisal completed is
$200.
RECOMMENDATION
It is recommended that the City Council authorize payment of the attached grant
of temporary and permanent easements for the 1998 Trail Project as detailed on
the attached invoice.
g:\park\re feren\appreasementpayments8 .doc
Ci~ of Chanhassen. A growing communi{y with clean lakes, quality schools, a charming downtown, thriving businesses, and beautiful oarks. A vreat place to live work and play.
CAMPBELL KNUTSON
Profes_sionalAssoeiation - -
Attorneys at Law
XhomasJ. Campbell (651) 452~5000 _
' ' 2 550 --Andrea
RogerN. Knutson Fax (651) 45.5 - l~a~th~
Thomas M. Scott
Suemn Lea Pace
July 21, 1999 Margt
Mr. Todd Ho fm~
CiW of Cha~sen
690 Ci~ Cemer Drive
Box 1 7 '
Cha~assen, MN 55317 .
Re: Ci, of Cha~assen Bike Wail Project
Jamar Invesment - ~munds Ease~nts - - '
Dear Todd: . - = ' . - - -
Enclosed please find copies of thesigne4easementagreements rehtinito Lot
- Block 1, Sun Ridge. I am also enclosing a copy of my-June 16, 19991ett~:~..-the
owners explaining ~e paym~t calculations. . ' . ' ~_ -~f_ f ~
- Please obtain Council approval aM f~ward the following chec~ ~ome:
~ · - 1. Parcel 22A - $1,~3.47payable m Jamartnv~tmm,IncwD~iel-
and Robinmmunds; . · --
2. hr~l 22B.- $1,16~yab~t0 j~mar !nveSment,_
We are recording the ofigiml e~m~t.doc~ents. Please.
Enclosure
_. Suite 317 · Eagandale Office Center. 13S0 Corporat¢Cen.terCurve
(Reserved for Recording Data)
THIS AGREEMENT made this~¢day °f ~ , 19991 by and
between JAMAR INVESTMENT, INC., a Minnesf(/~ corp~orati°n, hereinafter
referred to as "Grantor", and the CITY OF CHANItASSEN, a municipal corporation
organized under the laws of the State of Minnesota, the Grantee, hereinafter referred
to as "City".
WlTNESSETH:
TEMPORARY EASEMENT
The Grantor, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration to it in hand paid by the City, the receipt and sufficiency of
which is hereby acknowledged, does hereby grant and convey to the City, its
successors and assigns, a temporary easement for construction purposes, over, on,
across, under, and through the land situated in the County of Carver, State of
Minnesota, as legally described on the attached Exhibit "A".
73320
TO HAVE AND TO HOLD the same, unto the City, its contractors,
successors and assigns, commencing upon execution of this agreement and expiring
November 30, 2000, together with the right of ingress to and egress from the
property, for the purpose of constructing, reconstructing, inspecting, repairing, and
maintaining the property of the City, at the will of the City, its successors and assigns;
it being the intention of the parties hereto that the Grantor hereby grant the uses herein
specified without divesting itself of the right to use and enjoy the above described
temporary easement premises, subject only to the right of the City to use the same for
the purposes herein expressed.
PERMANENT EASEMENT
FURTHER, the Grantor in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration to it in hand paid by the City, the receipt and
sufficiency of which is .hereby acknowledged, does hereby grant and convey to the
City, its successors and assigns, forever, a permanent easement for public trailway
purposes over, on, across, under and through the land situated in the County of
Carver, State of Minnesota, legally described on the attached Exhibit "A".
INCLUDING the rights of the City, its contractors, agents, servants, and
assigns, to enter upon the easement premises at all reasonable times to install,
reinstall, inspect, repair, and maintain said public trailway system 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
73320 -2- ,
remove trees, bushes, undergrowth, and other obstructions interfering with the
location, construction, and maintenance of said public trailway easement.
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 permanent easement premises; that it has the sole right to grant and convey
the easements to the City.
IN TESTIMONY WI-IEREOF, the Grantor hereto has signed this Agreement
the day and year. first above written.
STATE OF MINNESOTA
GRANTOR:
JAMAR INVESTMENT, INC.
y J
eanne Mithun
Its President
COUNTY OF /4~.t~i~q )
The foregoing instrument was acknowledged before me this o~z/7~ay of
,~/2t~ , 1998, by Jeanne Mithun, President of Jamar Investment, Inc., a
Minnesota corporation, on behalf of the corporation.
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON ~;.::::::-:::::: ...........
Professional Association ~ ta~ ~ ~ J J[
317 Eagandale Office Center ~.~ ,~,mo~ ~, ,.~,~ i
1380 Corporate Center Curve ............... ~
Eagan, Minnesota 55121
Telephone: (612) 452-5000
· TmS/cjh
73320 -3-
EXHIBIT "A"
TO
EASEMENT AGREEMENT
(PARCEL 22B)
A Permanent. easement,for trailway purposes and a temporary easement for construction
purposes over, across, on, under, and through that part of the following described property:
That part of Lot 5, Block 1, SUN RIDGE, Carver County, Minnesota lying South of a line
which is to be hereinafter referred to as "Line A" and described as follows: Commencing
at the most Southerly corner of said Lot 5; thence North 14 degrees 28 minutes 21
seconds West along the Westerly line of said Lot 5 a distance of 230.00 feet to the point
of beginning of said line to be described; thence North 70 degrees 19 minutes 35
seconds East 655.68 feet to the Easterly line of said Lot 5 and there terminating.
Which lies within the following described permanent easement for pub!lc trailway purposes:
A strip of land 10.00 feet in width, over that part of said Lot 5, the centerline of which is
described as follows:
Commencing at the Southwest corner of said Lot 5; t'~ence North 59 degrees 13 minutes 47
seconds East on an assumed bearing, along the Southerly line of said Lot 5, a distance of
146.08 feet to the point of beginning of said centerline to be hereinafter described; thence North
33 degrees 28 minutes 06 seconds West, a distance of 181.70 feet; thence NorthweSterly, a'
distance of 52.60 feet, along a tangential curve concave to the West, .having a radius of 600.00
feet and a central angle of 05 degrees 01 minutes 21 seconds; and there teiTninating.
Said strip of land is to extend by its full width from said Southerly line of Lot 5 to said above
referenced "Line A".
And also which lies within the following described temporary easements for construction
purposes:
A strip of land 20.00 feet in width over said Lot 5, the Easterly line of said strip of land being the
Westerly line of the above described 10.00 foot permanent easement.
And also a strip of land 20.00 feet in width over said Lot 5, the Westerly line of said strip of land.
being the Easterly line of the above described 10.00 foot permanent easement.
Said 20.00 foot strips of land are to extend by their full widths from said Southerly line of Lot 5,
to said above referenced "Line A".
O:~PROJ\805620j\0050~A90-0607.ju n99.doc
(Reserved for Recording Data)
GRANT OF TEMPORARY AND PERMANENT EASEMENTS
THIS AGREEMENT made thisc~?~ d~y of ~/(ff/~ ,' 1999, by andbetween
DANIEL EDMUNDS and ROBIN EDMUNDS, h ~and and/wife, and JAMAR
INVESTMENT, INC., a Minnesota corporation, 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 "City".
WlTNESSETH:
TEMPORARY EASEMENT
The Grantors, in consideration of the sum of One Dollar ($1.00) 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 and convey to the City, its successors and assigns,
a temporary easement for construction purposes, over, on, across, under, and through the
land situated in the County of Carver, State of Minnesota, as legally described on the
attached Exhibit "A".
64919
TO HAVE AND TO HOLD the same, unto the City, its contractors, successors and
assigns, commencing upon execution of this agreement and expiring November 30, 2000,
together with the right of ingress to and egress from the property, for the purpose of
constructing, reconstructing, inspecting, repairing, and maintaining the property of the City,
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 withou, t divesting themselves of the
right to use and enjoy the above described temporary easement premises, subject only to the
right of the City to use the same for the purposes herein expressed.
PERMANENT EASEMENT
FURTHER;' the Grantors in consideration of the sum of One Dollar ($1.00) 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 and conVey to the City, its successors and
assigns, forever, a permanent easement for public trailway purposes over, on, across, under
and through the land situated in the County of Carver, State of Minnesota, legally described
on the attached Exhibit "A".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to
enter upon the easement premises at all reasonable times to install, reinstall, inspect, repair,
and maintain said public trailway system 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, undergrowth, and other
obstructions interfering with the location, construction, and maintenance of said public
trailway easement.
64919 -2-
The above named Grantors, for themselves, their heirs and assigns do covenant with
the City, its successors and assigns, that they are well seized in fee title of the above
described permanent easement premises; that they have the sole right to grant and convey the
easements to the City.
IN TESTIMONY WHEREOF, the Grantors hereto have signed this Agreement the
day and year first above written.
GRANTORS:
Daniel Edmunds
~ob~~n' Ed~nds
JAMAR INVESTMENT, INC.
~'/Jeanne mithun Its President
STATE OF MII~N. ESOTA )
)SS.
OU TY
_-/.-~
The foregoing instrument was acknowledged before me this ~t~ day of
"J'{,,i,/3~ , 1998, by Daniel Edmunds and Robin Edmunds, husband and wife,
Grantors.
Notary Public-Minnesota
y Comm. Expires Jan. 31,. ~.2~.
64919 -3-
STATE OF MINNESOTA )
/ / _ _ ')ss.
COUNTY OF ~A~,Z.~I} ~
{~ The fo~regoing instrument was acknowledged before me this/~ ~ay/of
· "-/r/._~,(ff ' , 1998, by Jeanne Mithun, President of Jamar In--'~-~ment, Inc., a
Minnesota corporation, on behalf of the corporation.
/
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (612) 452-5000
TMS/cjh
64919 -4-
EXHIBIT "A"
TO EASEMENT AGREEMENT
(PARCEL 22A)
A permanent easement for public trailway purposes and a temporary easement for construction
purposes over, across, on, under, and through that part of the following described property:
That part of Lot 5, Block 1, SUN RIDGE, Carver County, Minnesota lying North of a line
which is to be hereinafter referred to as "Line A" and described as follows:' Commencing
at the most Southerly corner of said Lot 5; thence North 14 degrees 28 minutes 21
seconds West along the Westerly line of said Lot 5 a distance of 230.00 feet to the point
of beginning of said line to be described; thence North 70 degrees 19 minutes 35
seconds East 655.68 feet to the Easterly line of said Lot 5 and there terminating.
Which lies within the following described permanent easement for public trailway purposes:
A strip of land 10.00 feet in width, over that part of said Lot 5, the centerline of which is
described as follows:
Commencing at the Southwest corner of said Lot 5; thence North 59 degrees 13 minutes 47
seconds East on an assumed bearing, along the Southerly line of said Lot 5, a distance of
146.08 feet to the point of beginning of said centerline to be hereinafter described; thence North
33 degrees 28 minutes 06 seconds West, a distance of 181.70 feet; thence Northwesterly, a
· distance of 52.60 feet, along a'tangential Curve concave to the West, having a radius of 600.00
feet and a central angle of 05 degrees 01 minutes 21 seconds; thence North 38 degrees 29
minutes 27 seconds West, tangent to said last described curve, a distance of 3.93 feet; thence
Northwesterly and Northerly, a distance of 142.59 feet, along a tangential curve concave to the
East, having a radius of 400.00 feet and a central angle of 20 degrees 25 minutes 28 seconds;
thence North 18 degrees 03 minutes 29 seconds West, tangent to said last .described curve, a
distance of 163.07 feet; thence Northerly'and Northeasterly, a distance of 56.71 feet, along a
tangential curve concave to the Southeast, having a radius of 100.00 feet and a central angle of
32 degrees 29 minutes 27 seconds to the Northerly line of said Lot 5 and there terminating.
Said strip of land is to extend by its full width from said above referenced "Line A", to said
Northerly line of Lot 5.
And also which lies within the following described temporary easements for construction
purposes:
A strip of land 15.00 feet in width over said Lot 5, the Easterly line of said strip of land being the
Westerty line of the above described 10.00 foot permanent easement.
And also a strip of land 15.00 feet in width over said Lot 5, the Westerly line of said stdp of land
being the Easterly line of the above described 10.00 foot permanent easement.
Said 15.00 foot strips of land are to extend by their full widths from said above referenced "Line
A", to said Northerly line of Lot 5.
O:~'ROJ\805620j\0050~A90-0607.jun99.doc
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Suesan Lea Pace
Mr. Daniel Edmunds
Ms. Robin Edmunds
1861 Sunridge Court
Chanhassen, Minnesota 55317
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
(651) 452-5000
Fax (651) 452-5550
June 16, 1999
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Matthew J. Foli
Marguerite M. McCarron
*A~o licemed in W/~comin
Mr. Larry Coulter
Attorney at Law
9100 West Bloomington Freeway
Suite 122
Bloomington, Minnesota 55431
Re: City of Chanhassen - Bike Trail Project
Dear Mr. and Mrs. Edmunds and Mr. Coulter:
We are the attorneys for the City of Chanhassen. I spoke with you last year
concerning an easement for a trail to be constructed along the back property line of your
property. This segment of the overall trail project was postponed until this year. Also, the
location of the trail as it crosses your properties was slightly relocated.
Enclosed please find the following documents:
Grant of Temporary and Permanent Easements relating to Parcel 22A to be
signed by Mr. and Mrs. Edmunds as the contract vendees and Jamar
Investment, Inc. as the fee owner;
Grant of Temporary and Permanent Easements relating to Parcel 22B to be
signed by Jamar Investment, Inc.;
A map showing the permanent and temporary easement area and location
relating to Parcel 22A;
A map showing the permanent and temporary easement area and location
relating to Parcel 22B.
The easement on the Edmunds' parcel (Parcel 22A) consists of 3,927.96 square feet
of permanent trail easement and 11,784.29 square feet of temporary construction easement.
Based on the appraisals completed last year, the value of the permanent easement area was
Suite 317 · Eagandale.Office Center ° 1380 Corporate Center Curve · Eagan, MN 55121
June 16, 1999
Page 2
calculated at $.35 per square foot. This results in payment for the permanent easement of
$1,374.79 and an additional $618.68 for the temporary, easement, fot-a total $1,993.47.
As to the ~Iamar parcel (Parcei 22B), there is 2,077.99 square feet of permanent
easement and 8,312.13 square feet of temporary easement. This works out to a payment of
$727.30 for the permanent easement and an additional $436.40 for the temporary easement,
with a total payment of $1,163.70.
Please call me if you have any questions. Otherwise, we would request that Jamar
Investment, Inc. sign both of the easement documents, forward the document relating to
Parcel 22A to the Edmunds for their signature and the easement relating to Parcel 22B to our
office. We will in turn send a check to Jamar for $1,163.70 as compensation for the
easements on Parcel 22B. Unless we receive contrary instructions, as to Parcel 22A, we will
generate a check payable jointly to the Edmunds and .Jamar Investment, Inc.
The cltY is interested in proceeding with this trail segment, which will be an amenity
to both your property and the neighborhood in general, as soon as possible. Accordingly,
your prompt attention to this matter would be greatly appreciated. . ·
If you have any questions concerning the exact location of the trail or any aspect of
the construction, please let me know and I will put you in contact with the engineering firm
supervising the trail construction.
Again I look forward to hearing from you.
Best regards,
CAMPBELL KNUTSON
Thomas M. Scott
TMS:cjh
cc: Mr. Todd Hoffman
Mr. David Nyberg