E-12 Powers Pointe: Approve Access Easement AgmtCITY OF
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.2271180
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: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.clohanhassen.nnn.us
MEMORANDUM
TO: Paul Oehme, Director of Public Works /City Engineer 0 1
FROM: Alyson Fauske, Assistant City Engineer 0 0 (4
DATE: March 24, 2014
SUBJ: Powers Pointe: Approve Access Easement Agreement
PROPOSED MOTION
"The City Council approves the Permanent Access Easement Agreement for
Lot 1, Block 1, Powers Pointe."
City Council approval requires a simple majority vote of the City Council
present.
On November 12, 2013, the Chanhassen City Council approved the Powers Pointe
final plat and development contract. The approved plans included a public sanitary
sewer connection from the building service to the Metropolitan Council sewer due to
the type of sewer connection. The attached access agreement is required in order for
the City to access the public sanitary sewer for maintenance and repair purposes. The
City Attorney's office has reviewed the document and finds it acceptable. Once the
developer obtains the necessary consent to the easement, the developer's attorney will
record the document at the County.
Attachment: Permanent Access Easement Agreement
c: Brandon Champeau, United Properties
Greg Brenny, Fafinski, Mark & Johnson, P.A.
G: \ENGWROJECTS\P -towers Pointe \03 -24 -2014 approve access esmt agmt.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
(Reserved for recording)
PERMANENT ACCESS EASEMENT AGREEMENT
UNITED PROPERTIES INVESTMENT LLC, a Minnesota limited liability company,
"Grantor ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, as the owner in fee of a parcel of land
situated in the County of Carver, State of Minnesota, and legally described as:
Lot 1, Block 1, Powers Pointe, Carver County, Minnesota ( "Property ")
does hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the
Grantee, hereinafter referred to as the "City ", its successors and assigns, forever, a permanent
non - exclusive easement for access purposes over and across and through that part of the
Property legally described on the attached Exhibit "A" and depicted on the attached Exhibit `B"
( "Easement Premises ").
1. Scope of Easement. Including the rights of the City, its contractors, agents,
servants, and assigns, to enter upon the Easement Premises in accordance with this document at
all reasonable times for the limited purpose of ingress and egress access to the sanitary sewer
utility line located on the west side of the Property. The sanitary sewer line is located in a
separate platted drainage and utility easement. Access to the sanitary sewer utility line is for the
construction, reconstruction, inspection, repair, and maintenance of the sanitary sewer line, and
includes, but is not limited to, moving equipment, material and supplies, and other necessary
items related thereto. The use of the Easement Premises shall be reasonable and in common with
all persons entitled to use the Easement Premises. No parking or storage of equipment,
materials, supplies or earthwork shall occur within the Property or the Easement Premises.
Grantor hereby reserves for itself and subsequent owners of the Property, and their successors,
assigns, customers, invitees, employees, vendors, contractors, tenants, licensees and agents, the
right to use the Easement Premises for any purpose and in any manner that does not materially
and adversely interfere with the access rights granted in this document; all without City's
consent. Other than the pavement or other hard driveway surface, curbing, traffic signs and
underground utility lines, Grantor shall not construct additional improvements or install
landscaping within the Easement Premises, unless modified in accordance with Section 3.
2. Damage to the Easement Premises or Propertv. The City shall be responsible, at
its cost, to reimburse Grantor and subsequent owners and tenants of the Property for all third
party costs incurred to repair or replace any then existing improvements and landscaping within
the Easement Premises or the Property damaged by the City, or its employees, contractors,
vendors, invitees, licensees or agents. The foregoing requirement shall not apply to
improvements and landscaping located within platted drainage and utility easements on the
Property. Reimbursement shall be limited to the repair or replacement of improvements and
landscaping to a condition equal to the condition that existed prior to such damage.
Reimbursement shall be within thirty (30) days after written notice and an invoice or other
evidence of the third party costs incurred is provided to the City.
3. Modification of the Easement Premises. The Easement Premises may be relocated
2
or modified by Grantor, at its cost, with the approval of the City and an amendment of this
Agreement. City approval shall not be unreasonably withheld, conditioned or delayed, unless such
relocation or modification materially and adversely limits access to the sanitary sewer utility line,
and provided that the alternative access is similar to the then existing access.
4. Covenants. The above named Grantor, for itself, its successors and assigns, does
covenant with the City, its successors and assigns, that it is the fee owner of the above described
Easement Premises; that it has the sole right to grant and convey the easement to the City; that
there are no unrecorded interests in the Easement Premises; and that it will indemnify and hold
the City harmless for any breach of the foregoing covenants that cause the City to be denied
access to the sanitary sewer line.
5. Early Termination. In the event access to the sanitary sewer utility line is no
longer required through the Property and that reasonable alternative access exists to the sanitary
sewer utility line, then, upon written request from the Grantor, the City shall terminate this
document and the rights hereunder and agrees to execute a termination in recordable form.
6. Notice. City shall endeavor to provide Grantor and the occupants of the Property
with a minimum 24 hour written notice prior to the City, or its employees, contractors, vendors,
invitees, licensees or agents, entering onto the Easement Premises, except in the event of
emergency, in which case only reasonable notice shall be required. The notice shall include a
basic description of the scope of the access needed for the work that the City is performing.
7. Binding Effect. The terms and conditions of this document shall run with the land
and benefit and burden the Property. The terms and conditions of this document shall inure to
the benefit and shall be binding upon the owner of the Property and its successors and assigns,
irrespective of the manner in which such right, title or interest is acquired. The obligations of
3
Grantor or an owner of the Property under this Agreement are terminated upon the sale or other
transfer of the Property, except that a transferor shall remain liable for any obligations that arise
prior to the date of such transfer that have not been performed.
8. Entire Agreement/Amendment. This document sets forth the entire understanding
of the parties with respect to the subject matter herein, and may not be amended, changed or
terminated except by a written agreement signed by all of the following parties: (a) City; and (b)
the owner(s) of that portion of Property over which the amendment or change to this document
shall be effective, whether Grantor or other owners of the Property. No consent to any
amendment, change or termination of this document shall ever be required of any other person,
entity or occupant other than as set forth in this Section.
signature page follows
rd
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this —
day of March, 2014.
GRANTOR:
UNITED PROPERTIES INVESTMENT LLC,
_,
STATE OF MINNESOTA )
)SS.
COUNTY OF HENNEPIN )
William Katter, Its Executive Vice President
The foregoing instrument was acknowledged before me this e day of
March , 2014, by Brandon Champeau and William Katter, respectively, the
Assistant Vice President and the Executive Vice President of United Properties Investment
LLC, a Minnesota limited liability company, on behalf of the company.
1(WUW69MEvtffiJa1L3I,2DI6 ARBARA l SCRAMON
OTANYPWW-MINNESOTA Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
AMP
0
EXHIBIT "A"
TO
PERMANENT ACCESS EASEMENT AGREEMENT
Legal Description of Easement Premises
A permanent access easement for ingress and egress purposes, 20.00 feet in width, over and
across and through that part of Lot 1, Block 1, POWERS POINTE, Carver County, Minnesota,
and the centerline of said easement is described as follows:
Commencing at the most northeasterly corner of said Lot 1; thence South 3 degrees 23 minutes
13 seconds East, assumed bearing, along the easterly line of said Lot 1, a distance of 88.19 feet
to the point of beginning of said centerline; thence North 65 degrees 21 minutes 18 seconds
West, a distance of 19.19 feet; thence westerly along a tangential curve, concave to the south,
having a central angle of 37 degrees 54 minutes, 18 seconds, and a radius of 95.00 feet, for an
arc length of 62.85 feet; thence South 76 degrees 44 minutes 24 seconds West, tangent to said
curve, a distance of 185.18 feet; thence South 71 degrees 27 minutes 44 seconds West, a distance
of 271.78 feet; thence South 76 degrees 44 minutes 24 seconds West, a distance of 421.79 feet;
thence southerly along a tangential curve, concave to the southeast, having a central angle of 90
degrees 00 minutes 00 seconds, and a radius of 75.00 feet, for an arc length of 117.81 feet;
thence South 13 degrees 15 minutes 36 seconds East, tangent to said curve, a distance of 176.64
feet; thence southeasterly along a tangential curve, concave to the northeast, having a central
angle of 67 degrees 30 minutes 00 seconds, and a radius of 116.00 feet, for an arc length of
136.66 feet; thence South 80 degrees 45 minutes 36 seconds East, tangent to said curve, for a
distance of 63.60 feet; thence easterly along a tangential curve, concave to the north, having a
central angle of 22 degrees 30 minutes 00 seconds, and a radius of 116.00 feet, for an arc length
of 45.55 feet; thence North 76 degrees 44 minutes 24 seconds East, tangent to said curve, a
distance of 539.48 feet; thence easterly along a tangential curve, concave to the south, having a
central angle of 31 degrees 47 minutes 16 seconds, and a radius of 215.99 feet, for an arc length
of 119.83 feet; thence South 71 degrees 28 minutes 20 seconds East, tangent to said curve, a
distance of 32.21 feet to said easterly line of said Lot 1 and there terminating.
Sidelines of said easement are to be prolonged or shortened to terminate at said easterly line of
said Lot 1.
EXHIBIT "B"
TO
PERMANENT ACCESS EASEMENT AGREEMENT
Depiction of Easement Premises
[Attach Sketch]
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The undersigned, as mortgagee under that certain mortgage ( "Mortgage ") dated March
2014, and recorded on , 2014, as Document No.
, in the real property records of the County of Carver, State of Minnesota,
encumbering Lot 1, Block 1, Powers Pointe, Carver County, Minnesota ( "Property "), hereby
consents and agrees that the Mortgage and the undersigned's interest in the Property shall be
subject to the terms and conditions of the foregoing Permanent Access Easement Agreement, and
further hereby subordinates the Mortgage to the provisions of the Permanent Access Easement
Agreement, the same as if the Permanent Access Easement Agreement had been filed of record
prior to the Mortgage.
STATE OF
ss.
Cdr 1►If VI—"
BMO HARRIS BANK N.A.,
a national banking association
U7
Name:
Title:
The forgoing instrument was acknowledged before me this _ day of ,
2014 by , as
Bank N.A., a national banking association.
Notary Public
of BMO Harris