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Sinclair Private Driveway Esmt CITY OF CHANHASSEN 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 952.2271404 Planning & Natural Resources Phone 952.227.1130 Fax 952.227.1110 Public Works 1591 Park Road 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 TO: Paul Oehme, Public Works Director/City Engineer Matt Saam, Asst. City Engineer '17 March 28, 2005 FROM: DATE: SUBJ: Approve Private Driveway Easement On City Owned Property File No. PW-087g (Simple Majority Vote) Staff has received a request from Steve Reil with Sinclair Oil Corporation. The request concerns an existing driveway access to the Sinclair station site at 7910 Dakota A venue. The dri vewa y in question comes off of Lake Drive East (see attached survey). The driveway cuts across the neighboring property to the west of the Sinclair station. This piece of property is owned by the City. Mr. Reil is asking the City to grant a private easement to allow the existing driveway to remain in place versus removing and reinstalling the driveway on the Sinclair site. Staff is fine with this request contingent upon the City receiving a right of entry allowing the City to access our site through the existing driveway. It is therefore recommended that the City Council approve the attached private driveway easement with Sinclair Oil Corporation with the following condition: 1. A right of entry is required which will allow the City access through the existing driveway on the Sinclair property. Attachments: 1. Site Survey. 2. Easement Agreement. c: Steve Reil, Sinclair Oil Corporation Dan Remer, Engineering Tech III g:\eng\matt\memos\staff reports\sinclair easement.doc The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. . ~sIJJI J II i Itid:'1 r .:. J ãI1i "1'8 J J ~ ~ 1 Un;!)l'! fl!iW JJ~' !J.! . ,MIlO .e ~ ~ n'i~Jll · IIJds1J1! 1 U tf<~ h at j ;} HIt~å. J! idulJili I i['81 .Ulh~ I~ ~ tit' l* .1 0 110,11 1 III ¡WIt' : ~¡; !t¡t11¡iiiiilil Iliillr¡ii ! Ilf I Iii it I 'I! ~ I~!!f¡. 11)IUhl!ldl!ld!fi11 I If! .Int!t, ~ ~~ ~ IjIlii I "I'Hlji(!ìl Ilt!·i'J II!" NII' ; Ii g ~im JlhlidhiifIJIU!J!lih nfll! ¡I¡¡IIII!! ¡ .. J,' IJ~~ . -.. · aJa 11 v ! '!Hð ! ~i l laI r---.- . -a ....-l.;¡¡j;¡ =r=- I _a-ra_._· . . 0 ITf1NilA . :.,-. 0 ~ ",~.. Y -......- I · ....... , . YLO¥Ya' t · ~_, 9' ,6~ . .J.tl,&£.OO s ,.......... ........... . ~. 0 .' I'Ltl :: ___..... /¡~' ' :z ¡ , . 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I ~ I I I I I o ~ ~ R !ð - u 0 i 53" - q ~ I ~ 0 a - ~ t:J pi R GRANT OF NONEXCLUSIVE PERMANENT EASEMENT CITY OF CRANRASSEN, a Minnesota municipal corporation, "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto SINCLAIR OIL CORPORATION, a Wyoming corporation, the Grantee, hereinafter referred to as "Sinclair", its successors and assigns, a nonexclusive permanent easement for driveway purposes over, across, on, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A". INCLUDING the rights of Sinclair, its contractors, agents, servants, and assigns, to enter upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said driveway over, across, on, under, and through the permanent easement premises and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said driveway easement. Prior to any relocation, reconstruction, or expansion of the driveway located within the easement premises or altering the grade of the easement premises in any way, Grantee shall notify Grantor of the work to be done and obtain written approval for the work from Grantor's engineer. The above named Grantor, for itself, its successors and assigns, does covenant with Sinclair, its successors and assigns, that it is well seized in fee title of the above described 116669.02 Rev:3128/05 1 easement premises; that it has the sole right to grant and convey the easement to Sinclair; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold Sinclair harmless for any breach of the foregoing covenants, IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this _ day of ,2005, GRANTOR: CITY OF CHANHASSEN BY: (SEAL) Thomas A. Furlong, Mayor AND Todd Gerhardt, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2005, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNuTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh 116669.02 Rev:3/28/05 2 EXHIBIT" A" TO GRANT OF PERMANENT EASEMENT A permanent easement for driveway purposes over, under and across a portion of Outlot 1, Chanhassen Estates, according to the recorded plat thereof, Office of Register of Deeds, Carver County, Minnesota, described as commencing at the intersection of the East line of said Outlot 1, with a line hereinafter described as "Line A" (said "Line A" is a line 50,00 feet Southeasterly of measured at right angles to and parallel with that part of the Southerly right of way line of State Highway No, 5 as shown on said Plat which has a radius of 2764,79 feet); thence South along the East line of said Outlot 1, a distance of 200.00 feet; thence West at right angles to said East line, a distance of 150.00 feet; to the Point of Beginning; thence continuing West along last said line, a distance of 22.27 feet, thence northeasterly, deflecting right 104°57'28", a distance of 38.69 feet to a line that runs northwesterly from the Point of Beginning to a point on said "Line A" distant 200.00 feet southwesterly, as measured along said "Line A", from the point of commencement; thence southeasterly along last said line, a distance of 39.34 feet more or less to the Point of Beginning. 116669.02 Rev:3/28/05 3