1h Adzick Easement
CITY OF
CHANHASSEN
77110 Market Boulevard
PO Box 147
Chanhassen, MN55317
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ú
MEMORANDUM
TO:
Todd Gerhardt, City Manager
íf1t
FROM:
Todd Hoffman, Park and Recreation Director
DATE:
May 21,2002
SUBJECT:
Resolution of Adzick Easement Matter; 1998 Trail Project
The 1998 Trail Construction Project required the acquisition of over 90
easements. The majority of which were settled with relative ease. A few of
these acquisitions turned out to be much more complex. The "AdzickfTeeter"
easement was one of these. In the most basic of explanations this is what
occurred.
þ> The Teeters sold property and a home to the Adzicks.
þ> The Adzicks assumed they had purchased the entire "yard" associated
with the property.
þ> The City searches out a property owner at this location from whom we
can acquire a trail easement.
þ> As it turns out the Teeters still own the land on which we need a trail
easement.
þ> The easement/ownership issue drags on for months with the City
eventually acquiring and paying for a trail easement from the Teeters.
In the process the City is deeded ownership of the "yard" area as well.
þ> The Adzicks hired an attorney to get back what they had assumed they
had purchased in the initial transaction.
þ> Having only desired the easement, staff has no problem recommending
that the parcel be deeded to the Adzicks.
þ> The City retains our easement; the parcel is combined into one for the
Adzicks and put back on the tax roles.
RECOMMENDATION
It is recommended that the City Council approve a limited warranty deed
wherein the City convey property it acquired from the Teeters in August of
1998 in relation to the Bike Trail Project to the Adzicks.
G:lpark\thladzick
The City 01 Chanhassen . A glOwing communily with clean lakes, quality schools. a charming downlown, thriving businesses, winding traits. and beautitul parks. A great place to live, work. and plav.
Professional Association
Attorneys at Law
RECEIVED
MAY 1 6 2002
CITY OF CHANHASS,
CAMPBELL KNUTSON
ThoJU.OS J. Campbcll
Roger N. Knutson
Thomas M. Scon
Elliott B. Knctsch
JoclJ.Jamnik
Andrea McDowell Poehlcr
Matthew K. Brokl*
(651) 452-5000
Fax (651) 452-5550
May 13, 2002
John F. Kelly
Matthew J. Foli
Soren M. Mattick
Marguerite M. McCanon
Gina M. Brandt
-Als,,1i..-rn.·eJ¡,)W'i.lrorui"
Mr. Todd Hoffman
City ofChanhassen
7700 Market Boulevard, Box 147
Chanhassen, MN 55317
Re: City of Chanhassen
Adzick Easement Matter
Dear Todd:
I have enclosed herewith a Limited Warranty Deed wherein the City of
Chanhassen conveys the property ("Property") it acquired from the Teeters in August of
1998 in relation to the Bike Trail Project to the Adzicks. As you are aware at the time the
City acquired the Property, the City knew that there were title issues; however, the City
decided the easiest method of obtaining the bike trail easement was to obtain complete
title to the Property. As you are further aware, the Adzicks hired an attorney to clear up
title to the Property that was mistakenly omitted in the transfer from the Teeters to the
Swansons who later deeded the other property to the Adzicks.
After a review ofthe file, it was determined that it would be in the best interest of
the City to settle any matter prior to a lawsuit and, therefore, as we previously discussed,
I proposed that the City convey the Property by Limited Warranty Deed to George
Adzick and Lisa Adzick if they would provide the City with an easement for the bike trail
and the Adzicks accepted that proposal.
The Adzicks executed an easement for the bike trail and I have enclosed a copy
with this letter. I have also enclosed a Limited Warranty Deed from the City of
Chanhassen to the Adzicks which conveys the Property that the City received from the
Teeters. A copy of the letter requesting that the two parcels owned by the Adzicks be
combined for tax purposes is also enclosed. After you have reviewed the same, please
call me with any questions or comments. Otherwise, please have this matter put on the
Consent Agenda for May 28th and, if approved, please have the Limited Warranty Deed
executed by the Mayor and Todd and returned to me so that I may record all ofthe
documents.
Suite 317 . Eagandale Office Center . 1380 Corporate Center Curve . Eagan, MN 55121
Mr. Todd Hoffman
May 13, 2002
Page 2
Very truly yours,
CAMPBELL KNUTSON
Professional Association
BY:
I, t' . ~/'
/ ¡ ~/' L, F // (
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. Jorñ F. Kelly
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Enclosures
(/'c.
(Reselwdlor Recording Data)
LIMITED WARRANTY DEED
STATE DEED TAX DUE HEREON: $1.65
Dated: May
,2002
FOR VALUABLE CONSJDERA TlON, CITY OF CHANHASSEN, a Minnesota
municipal corporation, Grantor, hereby conveys and quitclaims to GEORGE ADZICK and
LISA ADZICK, husband and wife, as joint tenants, Grantee, real property in Carver County,
Minnesota, described as follows:
That part of Government Lot 2, Section 2, Township 116 North, Range 23 West
of the 5th Principal Meridian described as follows:
Beginning at the intersection of the west line of said Government Lot 2
with the southwesterly extension of the southeasterly line of Lake Road
(now known as 62nd Street) as dedicated in "Crane's Vineyard Park",
according to the recorded plat thereof; thence northeasterly, along said
southwesterly extension, to the easterly right-of-way line of the Excelsior
and Eden Prairie Road as dedicated in said "Crane's Vineyard Park";
thence southerly along said easterly right-of-way line to the northeasterly
right-of-way line of County State Aid Highway No. 17; thence
northwesterly along said northeasterly right-of-way line to the west line of
said Government Lot 2; thence north along said west line to the point of
beginning.
Which lies southerly of "Line I" and northerly of "Line 2". Said "Line I" and
said "Line 2" are described as follows:
"Line I" is a line commencing at the northeast corner of the Northwest
Quarter of said Section 2; thence westerly, along the north line of said
98718
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Northwest Quarter, a distance of279.40 feet to the center line of County
State Aid Highway No. 17; thence southeasterly, along said center line, a
distance of605.54 feet to the beginning of the line to be described; thence
northeasterly, deflecting to the left 83 degrees 51 minutes 00 seconds a
distance of 250.00 feet and said line there terminating.
"Line 2" is a line commencing at the northwest corner of Lot 7 in said
"Crane's Vineyard Park"; thence on an assumed bearing of North 78
degrees 32 minutes 00 seconds East, along the northwesterly line of said
Lot 7, a distance of 14.00 feet; thence South 15 degrees 56 minutes 00
seconds East a distance of 435.40 feet to the beginning of the line to be
described; thence South 87 degrees 41 minutes 00 seconds West a distance
of 500,00 feet and said line there terminating.
together with all hereditaments and appurtenances belonging thereto. Grantor covenants and
represents that:
(I) This Deed conveys after-acquired title; and
(2) Grantor has not made, done, executed or suffered any act or thing whereby the above-
described property or any part thereof, now or at any time hereafter, shall or may be
impcriled, charged or incumbered in any manner, and Grantor will warrant the title to the
above-described property against all persons claiming the same from or through Grantor
as a result of any such act or thing, EXCEPT: the lien of all unpaid special assessments
and interest thereon; and
The Grantor certifies that the Grantor does not know of any wells on the described real
property.
The total consideration for this transfer was less than $500.00
CITY OF CHANHASSEN
.4fJix Deed Tax Stamp Here
By:
Linda C. Jansen, Mayor
By:
Todd Gerhardt, City Manager
08718
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of May, 2002,
by Linda C. Jansen and Todd Gerhardt, the Mayor and City Manager, respectively, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
Notary Public
Tax Statements for the real property
described in this instrument should be sent to:
GEORGE and LISA ADZICK
Chanhassen, MN 55317
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(651) 452-5000
[JFK]
987]8
-
(Reserved for Recording Data)
~
GRANT OF PERMANENT EASEMENT
THIS AGREEMENT made this day of February, 2002, by and between
GEORGE ADZICK AND LISA ADZICK, husband and wife, hereinafter referred to as
"Grantors", and the CITY OF CHANHASSEN, a municipal corporation organized under the
laws of the State of Minnesota, the Grantee, hereinafter referred to as "City".
WITNESSETH:
PERMANENT EASEMENT
The Grantors, in consideration of the sum of One Dollar ($ 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,
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
98716
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.
The above named Grantors, for themselves, their heirs and assigns do covenant with the
City, its successors and assigns, that they are weIl 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.
~~
eorge Adzick
- WrÞ-A
Li a Adzick
STATE OF MINNESOTA )
)ss.
COUNTY OF j\eIJNlftl' J;( )
The foregoing instrument was acknowledged before me
2002, by George Adzick and Lisa Adzick, husband d wife, G
!l7>Y<1
ofFeBll1ary,
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON, P.A.
1380 COIporate Center Curve, Suite 317
Eagan, Minnesota 55121
Telephone: (651) 452-5000
[JFKJ
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.:,\)~~ JOHN B. WALDRON
.... :;,Jl!¿~ I:DTAAYPUBUC-MIIINESam
'.X'>· My Comm. Exp.Jan. 31, 2005
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98716
EXHIBIT "A"
A Permanent Easement for public trailway purposes over, on, across, under and through the
westerly ten (10) feet of the following described property:
That part of Government Lot 2, Section 2, Township 116 North, Range 23 West
of the 5th Principal Meridian described as follows:
Beginning at the intersection of the west line of said Government Lot 2
with the southwesterly extension of the southeasterly line of Lake Road
(now known as 62nd Street) as dedicated in "Crane's Vineyard Park",
according to the recorded plat thereof; thence northeasterly, along said
southwesterly extension, to the easterly right·of-way line of the Excelsior
and Eden Prairie Road as dedicated in said "Crane's Vineyard Park";
thence southerly along said easterly right·of-way line to the northeasterly
right-of· way line of County State Aid Highway No. 17; thence
northwesterly along said northeasterly right·of·way line to the west line of
said Government Lot 2; thence north along said west line to the point of
beginning.
Which lies southerly of "Line I" and northerly of "Line 2". Said "Line I" and
said "Line 2" are described as follows:
"Line l" is a line commencing at the northeast corner of the Northwest
Quarter of said Section 2; thence westerly, along the north line of said
Northwest Quarter, a distance of 279.40 feet to the center line of County
State Aid Highway No. 17; thence southeasterly, along said center line, a
distance of 605.54 feet to the beginning of the line to be described; thence
northeasterly, deflecting to the left 83 de~ee~l minutes 00 seconds a
distance of 250.00 feet and said line there terminating.
"Line 2" is a line commencing at the northwest corner of Lot 7 in said
"Crane's Vineyard Park"; thence on an assumed bearing of North 78
degrees 32 minutes 00 seconds East, along the northwesterly line of said
Lot 7, a distance of 14.00 feet; thence South 15 degrees 56 minutes 00
seconds East a distance of 435.40 feet to the beginning ofthe line to be
described; thence South 87 degrees 41 minutes 00 seconds West a distance
of 500.00 feet and said line there terminating.
98716
(C~~y
HOESCHLER & BEISEL LLP
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Ph: 612-436-2222
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Lawyers, comlbeisellaw
March 9, 2002
City of Chanhassen
c/o John F. Kelly
Campbell Knutson P A
Suite 317
1380 Corporate Center Curve
Eagan, MN 55121
Re: Adzick Easement Matter
Our File No.: 8107
Dear Mr. Kelly:
This is to request that the City of Chanhassen combine the two parcels of real property that we
own into one tax parcel.
Very truly yours,
~~
George Adzick
Dated: 'ih-/o7-
I
~~J>J¡~
Lisa Adzick
Dated:_ 4./z)fr::;,--·