1j Tree Pres Easement-Vasserman
CITY OF
CHAN HAS SEN
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PO Bux 147
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MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Jill Sinclair, Environmental Resources Specialist /
c¥
August 11, 2004
DATE:
SUBJ:
Release of Conservation Easement, Lot 4-6, Block 2 Vasserman
Ridge 2nd Addition
REQUESTED ACTION
Approve the release of the Conservation Easement for Lots 4, 5, and 6, Block 2,
Vasserman Ridge 2nd Addition.
City Council approval for the easement release requires a simple majority vote of
the City Council present. According to the city attorney, the release of the tree
preservation easement does not require a public hearing.
BACKGROUND
The 2nd Addition of Vasserman was approved in 2003. At that time part of the
rear yards of Lot 4-6, Block 2 were wooded although the public trail ran across all
three properties. The developer, Lundgren Bros., placed a conservation easement
over rear areas of the yard. It is their practice to administer tree preservation
easements over areas outside of the proposed building areas that contained a
significant number of trees.
DISCUSSION
Clearing occurred in the rear yards of Lots 4-6 for the construction of trail and the
sanitary sewer line BC 7/8. This tree removal was not reflected in the plans that
were used to determine the easement locations. Within the easement of lots 5 and
6, no trees remain since the easement is within the grading limits for the trail and
sewer. In lot 4, less than a handful of boxelder trees remain. The quantity of trees
and size of area between the trail and edge of the easement do not merit
preservation status.
The City of Chanhassen · A growl rig cOlTìlTìunlty willi clean lakes quality
iJilW'liow;ll!m'JII,O bUSII1l'SS2S. 1I:llljlllg trails lieadllul perks l¡reat place to IIVI; work. and play
Todd Gerhardt
August 11, 2004
Page 2
MOTION
Staff recommends adoption of the following motion:
"The Chanhassen City Council approves the release of the Conservation
Easement for Lots 4-6, Block 2, Vasserman Ridge 2nd Addition."
A TT ACHMENTS
1. Photos of existing conditions for Lots 4-6, Block 2, Vasserman Ridge 2nd
Addition
2. Plat showing Conservation Easement for Lots 4-6, Block 2, Vasserman
Ridge 2nd Addition
3. Landscape plan showing wooded rear yards for Lots 4-6, Block 2,
Vasserman Ridge 2nd Addition
4. Partial Release of Land from Conservation Easement
G:\PLAN\JS\Tree Issues in Development\vasserman 2nd lots 4thru6.doc
Lot 4, Block 2 - Conservation Easement
Edge of Conservation
Easement for Lot 4
Lot 5, Block 2 - Conservation Easement
Conservation
Easement for Lot
6 covers the re-
graded Iúllside
Edge of Conservation
Easement for Lot 5
,
Lot 6, Block 2 - Conservation Easement
Conservation
Easement line for Lot
6 leads down the hill,
covering a grassy
slope.
EXHIBIT "A"
TO
RESTATED CONSERVATION EASEMENT
DESCRIPTION OF SUBJECT PROPERTY
I. That part of Lot 4, Block 2, V ASSERMAN RIDGE 2ND ADDITION, according to the
recorded plat thereof, lying northeasterly of a line drawn ITom a point on the southeasterly line of
said Lot 4 distant 80.00 feet southwesterly ITom the most easterly comer of said Lot 4 to a
point on the northwesterly line of said Lot 4 distant 66.00 feet southwesterly ITom the most
northerly comer of said Lot 4.
2. That part of Lot 5, Block 2, VASSERMAN RIDGE 2ND ADDITION, according to the
recorded plat thereof, lying northeasterly of a line drawn trom a point on the southeasterly line of
said Lot 5 distant 66.00 feet southwesterly ITom the most easterly comer of said Lot 5 to a
point on the northwesterly line of said Lot 5 distant 41.00 feet southwesterly ITom the most
northerly comer of said Lot 5.
3. That part of Lot 6, Block 2, V ASSERMAN RIDGE 2ND ADDITION, according to the
recorded plat thereof, lying northeasterly of a line drawn ITom a point on the southeasterly line of
said Lot 6 distant 41.00 feet southwesterly from the most easterly comer of said Lot 6 to a
point on the westerly line of said Lot 6 distant 110.00 feet southerly from the northwest comer
of said Lot 6.
4. That part of Lot 7, Block 2, V ASSERMAN RIDGE 2ND ADDITION, according to the
recorded plat thereof which lies northwesterly and southwesterly of a line described as follows:
Commencing at the northeast comer of said Lot 7; thence on an assumed
bearing of South, along the most easterly line of said Lot 7, a distance of
110.00 feet, to the point of beginning of the line to be described; thence South
67 degrees 00 minutes 00 seconds West a distance of 140.00 feet; thence
South 23 degrees 00 minutes 00 seconds East a distance of 95 .00 feet; thence
southerly, to a point on the southerly line of said Lot 7 distant 25.00 feet
easterly from the southwest comer of said Lot 7 and said line there terminating.
5. That part of Lot 8, Block 2, V ASSERMAN RIDGE 2ND ADDITION, according to the
recorded plat thereof which lies southwesterly and northwesterly of a line described as follows:
Commencing at the southwest comer of said Lot 8; thence on an assumed
bearing of South 83 degrees 27 minutes 5 I seconds East, along the south line of
said Lot 8, a distance of 117.00 feet, to the point of beginning of the line to be
described; thence North 44 degrees 30 minutes 00 seconds West a distance of
95.00 feet; thence North 45 degrees 30 minutes 00 seconds Eas~ to the
northeasterly line of said Lot 8 and said line there terminating.
2355506v5
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V ASSERMAN RIDGE
2ND ADDITION
CITY 01' CHAItHASSEN
1RJ1õt1;!>;I/W!ì;[[5)
AUG 2 2 2003
ENGINEERING DEPT,
EDGE OF WE1lANO-"
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Drainage and UtHlty Easements are
shown thus:
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NO SCALE
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Being 10 feet in width and adjoining
right-of-way lines unlen otherwise
Indicated, and being 5 feet in width and
adjoining lot lines, unl_ otherwise
indicated as shown on the plat.
enates found Iron monument
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EXISTING 60' SANITARY
SEWER EASEMENT
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I
. ENGINEERS' SURvEYORS . PLANNIN
SOIL TESTING . ENVIRONMENTAL SERvIl
- - 10580 WAYZATA BOULEVARD, SUITE
MINNETONKA, MN 55305
(952) 546-7601 FAX, (952) 546-9(
¡ www.schoellmodson.com
DATE
(Space Above for Recorder/Registrar Use)
PARTIAL RELEASE OF LAND
FROM
CONSERVATION EASEMENT
Date:
,2004
KNOW ALL BY THESE PRESENTS, that the real property in Carver County,
Minnesota, legally described as Lots 4, 5 and 6, Block 2, V ASSERMAN RIDGE 2ND
ADDITION, according to the recorded plat thereof ("Released Lots"), are hereby released from
all obligations, terms and conditions found in that certain Conservation Easement by and
between Lundgren Bros. Construction, Inc., a Minnesota corporation, and the City of
Chanhassen, a Minnesota municipal corporation ("City") dated June 16,2003, recorded October
3,2003, as Document No. A368795, as amended and restated by that certain Amended and
Restated Conservation Easement dated February 6, 2004, recorded February 26, 2004, as
Document No. A380415, in the office of the Carver County Recorder. The City agrees that this
Partial Release also releases any City rights to enforce Conservation Easement restrictions
against the Released Lots pursuant to the Master Declaration of Covenants for Vasserman Ridge
dated February 18,2003 and recorded February 21,2003, as Document No. A 341676 and the
First Supplemental Declaration of Covenants for Vasserman Ridge Master Declaration recorded
April 21, 2004, as Document No. A384555, in the office of the Carver County Recorder.
[Remainder of page intentionally left blank. Signature page follows]
2523154vl
1
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
BY:
Todd Gerhardt, City Manager
STATE OF MINNESOTA)
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _day of
2004, by Thomas A. Furlong, and Todd Gerhardt, respectively the Mayor and City Manager of
the City of Chanhassen, a Minnesota municipal corporation, on behalf of the City.
NOTARY PUBLIC
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve
Suite #317
Eagan, Minnesota 55121
Telephone: (651) 452-5000
2523l54vl
2