3. Vacation of Existing Sewer Easement, CHADDA 2nd Addition and Pauly Property i _ f
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i CITY OF 3
,A CHANHASSEN
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I (612) 937-1900
IMEMORANDUM
TO: Don Ashworth, City Manager ,
FROM: Barbara Dacy, City Planner Alip
t
DATE: March 9 , 1988
ISUBJ: Vacation of Existing Sanitary Sewer Easement - CHADDA 2nd
Addition and Pauly Property
IBACKGROUND
I The City Council approved the final plat for CHADDA 2nd Addition
on February 8, 1988 . As the Council will recall, that plat
created the necessary drainage and utility easements from West
I 78th Street and Great Plains Boulevard for the construction of
new utilities installed as part of the downtown redevelopment
process . It was also a condition of final plat approval that an .
I existing sanitary sewer easement needed to be vacated. This
application is to follow through on that condition.
ANALYSIS
IAttachment #1 reflects the description of the sanitary sewer
easement. Attachment #2 reflects the area that is being vacated.
I Attachment #3 reflects the approved final plat containing the
required easements.
The existing main will be abandoned and there is no public pur-
Ipose for retaining the existing easement.
RECOMMENDATION
tIt is recommended that Vacation Request #88-2 be approved as -
legally described in Attachment #1.
tATTACHMENTS
1 . Legal description of sanitary sewer easement.
I 2 . Map showing area to be vacated.
3 . Copy of final plat of CHADDA Addition.
4 . Letter from Gary Ehret dated December 23 , 1987 .
I
I
,10 DEED RECORD N( 61 aailliME
Filed for record on the nth day of January, A. D. 1960, at 1:30 o'clock P. N, Carl W. I II
Hanson, Register of Deeds
is _
# 97035
,^,Rl•!ER EASEMENT
Emil F. Pauly and Elizabeth Pauly, his wife
1
to I
II
1 Village of Chanhassen
- I
SEWER EA gEMENT
This indenture made and entered into this 23rd day of December, 1959, between Emil F. I
Paul and Elizabeth Pauly, his wife
,parties y, ,parties of the first part, and the Village of Chanhassen,
Carver County, Minnesota, a municipal corporation, under the laws of the State of Minnesota,
party of the second part;
WITNESSETH: That the parties of the first part in consideration of the sum of One I
Dollar and other good and valuable consideration, to them in hand paid by the party of the
second part, the receipt whereof is hereby acknowledged, do hereby Grant, bargain Sell,
Convey and Transfer unto the said party of the second part, its successors and assigns,
forever, a permanent sewer easement, as hereinafter net forth, in and over a tract of land
lying and situate in the County of Carver, State of Minnesota, to-wit:
That part of the Southeast Quarter of the Southwest I
F Quarter of section 12, Township 116 Range 23, described as
1 follows: Commencing at the South Quarter post of said Sec-
tion 12; thence running West on the South line of said Sec-
tion, 20 rods; thence North 2 rods, being the point of beginning; thence
East parallel with said South line 60 feet; thence North at right angles
to last mentioned line 6 rods; thence West 60 feet; thence South 6 rods to '
the place of beginning, according to the Government survey thereof.
Said sewer easement being granted for the installation, maintenance and operation of
a sewer line, and said easement shall he 15 feet in width and shall be confined and restrict-
l� ed to an area of 7F feet on each side of the said sewer line as it is presently installed
in and is situate upon said above described premises.
I
The said sewer easement includes the continuing right of the second party, its
I,I contractors, agents and employees to enter upon said premises and to construct forever and
maintain therein and thereon sanitary sewers manholes and appurtenances and to forever use
said sewers for the drainage of sewage and shall further include the right (a) to excavate
the soil for the purpose of constructing, repairing or reconstructing said sewer, (b) to
removq shrubs, trees and surface plants, fences and other structures on or in the soil
ji and to.aintain sufficient soil above the sewer to prevent freezing of liquids therein
and (c) the recghon rit to enter upon said premises at all reasonable times to inspect and
repair and struct d sewers.
'hI It is expressly covenanted by the parties hereto that the grant of this easement by
9 the first part exxpeshall pop pnd ops,not prohibit or restrict them in any way from using or
erecting over,,)' Sts hnid's6 2r As6la6nt any type of building or structure, and if the I
� use of first parties said premises interferes in any manner with said sewer line, the party
of the second part agrees to make such other provisions for said sewer line as are necessary.
The parties of the first part shall fully use and enjoy the aforesaid premises except
as to the right., herein granted, and the party cf the second part hereby agrees to hold
and save the said parties harmless from any and all damages arising from its use of the sewer
easement, and the party of the second part further agrees and covenants tgrestore said
, premises to the same condition it was in, prior to the use hereunder.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances '
thereunto belonging or in anywise appertaining to the said party of the second part, its ,
successors and assigns, forever.
In Testimony whereof, the parties of the first part have hereunto set their hands the
I
day and year first above written.
IN PRESENCE OF:
Emil F. Pauly
II John A Fahey Tail F. Pauly
1 Helen E Siewert Elizabeth Pauly __ '
L - Elizabeth Pauly
h State of Minnesota
ss
County of Carver
I On this 23rd day of December, 1959, before me a Notary Public within and
for :;aid County, personally appeared Emil F. Pauly and Elizabeth Pauly, his wife, to me I
' known to be the persons described in and who executed the foregoing instrument and acknowledged
that they executed the same us their free act and deed.
John A. Fahey
Notary Public Carver County, Minnesota
(Notarial Seal) My Commission expires May 4, 1962
I
Deed Tax paid S 1.10 Receipt No. 435 V. J. Johnson, County Treasurer
Filed for record on the 17th day of Feb. A. D. 1960 at 11:30 O'clock A. M.
Carl 1. Hanson, Register of Deeds BY Janice Schlefsky, Dep.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
#97041 I
SEWER EASEMENT
Leander J. Mason et al
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I - PLANNING
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;� TRANSPORTATION
Anq ENGINEERING
`iA ARCHITECTURE
IBENNETT, RINGROSE. WOLSFELD. JARVIS. GARDNER. INC • THRESHER SQUARE • 700 THIR" STREET SOUTH • MINNEAPOLIS. MN 55415 • PHONE 612/370-0700
IIDecember 23, 1987
IICity of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
IIAttn: Ms. Barb Dacy
City Planner
IIRE: Day Care Site Easements
Downtown
IIDear Barb,
As you requested, I have reviewed the Day Care Center site relative to any
I required easements. I have attached four exhibits for your reference. In
summary:
IItem #1, Exhibit #1
A drainage and utility easement for an existing eight-inch sanitary sewer .
is necessary behind the Colonial Center as shown in blue on Exhibit #1.
I This easement, as shown, will suffice for the new line we recently
installed under the downtown project.
IItem #2, Exhibit #1
It is unclear how a "low hole" or drainage pocket is going to be treated by
I the Day Care site when they grade their property. I recommend con-
sideration of the area in yellow for drainage easement unless a resolution
to the drainage problem is achieved (see Exhibit #3 also) .
IIItem #3, Exhibit #2
A drainage and utility easement is required for the existing sanitary sewer
I service that serves the Chan Lawn and Sports, Rettler Home, and Auto
Unlimited. A utility easement should also be provided to allow for the
future Day Care water service (shown in pink).
IItem #4, Exhibit #3
As referred to above, careful consideration should be given to the grading
I of the Day Care site, particularly the rear portion. Future outlet to the
north through the apartment site could be considered.
II DAVID J.BENNETT DONALD W RINGROSE RICHARD P WOLSFELD PETER E JARVIS LAWRENCE J GARDNER THOMAS F CARROLL CRAIG AA�M�UNDSEN
DONALD E.HUNT MARK G.SWENSON JOHN B McNAMARA DONALD L CRAIG RICHARD D PILGRIM DALE N.BECKMANN `�.`lEZE141:61e
MINNEAPOLIS DENVER DEC ret87-44*
ICITY OF CHANHASSEN
Ms. Barb Dacy
December 23, 1987
Page 2
Item #5, Exhibit #4 '
The platting should reflect the desire of the City to obtain fee title in
the future for the public parking lot. The area in orange roughly
illustrates this area.
The existing sanitary sewer line (old) is still active. We will abandon this
line permanently early in the spring.
Also, please be advised and inform the property owners that there are existing
NSP and Minnegasco easements which may have to be modified to reflect changes
made by these companies during the downtown construction.
If I can offer further assistance, please let me know. 1
Sincerely,
BE ► TT-RINGROSE-WO FEL V -GARDNER, INC.
/r/
ry A. vo' et, P.E.
Project ngineer
GAE/sk
cc: Mr. Gary Warren, P.E.
1
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