1f approve Declaration of Private Access Agreement, Minnewashta Landings
:2(02/98 MON 15:28 FAX 612 452 5550
CAMPBELL
-H-+ CH ENG
l4J 002
DECLARATION OF
PRIVATE ACCESS EASEMENT
THIS DECLARATION is made this
day of
, 1998,
by the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter
referred to as "Declarant").
RECITALS
A. Declarant is the fee owner of certain property situated in the City of
Chanhassen, County of Carver, State of Minnesota, and legally described as follows:
Outlot B, MINNEWASHTA LANDINGS, according to the
recorded plat thereof.
(hereinafter collectively referred to as the "Easement Premises").
B. Declarant desires to establish and secure an access easement for a private
driveway over Outlot B, MINNEWASHTA LANDINGS for the exclusive use by and
for the benefit of the record fee owners and any future owners of the following
described property:
Tract A, R.L.S No.9, Carver County, Minnesota
Tract B, R.L.S. No.9, Carver County, Minnesota
Tract A, R.L.S. No. 78, Carver County, Minnesota
Tract B, R.L.S. No. 78, Carver County, Minnesota
(hereinafter collectively referred to as the "Benefitted Parcelsll),
EASEMENT
'WHEREAS, Declarant hereby establishes, creates and declares a perpetual
easement for private access purposes over Outlot B, MlNNEW ASHTA LANDINGS,
for the exclusive use by the record fee owners and any future owners of the Benefitted
Parcels, their heirs, successors, assigns, occupants, tenants, andlor invitees.
WHEREAS, the record fee owners and any future owners of the Benefitted
Parcels shall have the right to enter upon the Easement Premises described herein at
59198,01
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02/02/98 MON 15:29 FAX 612 452 5550
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all reasonable times for the construction, inspection, repair, maintenance, and snow
removal associated with the private driveway.
WHEREAS, the above described easement shall also benefit any utility
company or municipality providing utility services to one or more of the Benefitted
Parcels.
WHEREAS, this private access easement is being established and created
subject to the following:
1. The City shall not be responsible for the construction, inspection, repair,
maintenance, and snow removal associated with the private driveway, or
for any costs or expenses relating thereto. It is the intent that since this
access easement is appurtenant to and for the sole benefit of the
Benefitted Parcels, the record fee owners and any future owners of said
Benefitted Parcels shall be equally responsible for all costs and expenses
associated with the repair and maintenance of the Easement Premises,
including snow removal.
2. This access easement is shall be for private access only. At no time
shall the Easement Premises be considered or used as a public street.
3. The City, its elected officials, employees, or agents, is and forever shall
be indemnified and saved hannless against and from all liabilities,
obligations, and claims of any and every kind whatsoever, including
without limitation court costs and attorney's fees, which at any time may
be asserted by any party relating to the use or nonuse of the Easement
Premise as a private driveway_
WHEREAS, the easement rights, maintenance responsibilities, and restrictions
set forth in this declaration shall run with the land, and shall be binding upon and
inure to the benefit of the owners, both present and future, of the Benefitted Parcels,
their successors, heirs, and assigns, and any other person or entity at any time
hereafter who shall become the owner of the Benefitted Parcels.
IN 'WITNESS WHEREOF, this Declaration of Private Access Easement
has been executed on , 1998, with the intent that it shall be
recorded in the Carver County Recorder's Office.
59198.01
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2
CIiP.N:MINNewASHT A LANDINGS
(OUtlDt B - A...-, e....mentl
C ITV OF
CHANHASSEN
~
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
MEMORANDUM
DATE:
Anita Benson, City Engineer
Dave Hempel, Assistant City Engineer~"
February 4, 1998
TO:
FROM:
SUBJ:
Approval of Declaration of Private Access Easement - Outlot B, Minnewashta
Landings - Project No. 94-4
BACKGROUND
Prior to the subdivision of Minnewashta Landings which is located at the intersection of Trunk
Highway 7 and Minnewashta Parkway, Ironwood Road had direct access on to Trunk Highway 7 (see
Attachment No.1). Ironwood Road serves as a private driveway for four homes which are located east
of Minnewashta Landings. When Minnewashta Landings was platted, Ironwood Road was closed and
redirected through Outlot B of Minnewashta Landings. Outlot B was dedicated to the City for future
access to the Ironwood residents, however, no access rights were fonnally granted over Outlot B. It
has been brought to our attention in conjunction with the refinancing of one of the properties which
utilizes Ironwood Road (Outlot B), the title company was uncomfortable guaranteeing title without
having a Declaration of Private Access through Outlot B from the City.
PROPOSAl..
Attached is a draft of the Declaration of Private Easement prepared by the City attorney's office to
allow the four parcels of land immediately adjacent to Minnewashta Landings (Tracts A and B, R.L.S.
No.9 and Tracts A and B, R.L.S. No. 78) to utilize Outlot B for driveway access to Landings Drive.
It is therefore recommended that the City Council approve and executed the Declaration of Private
Access Easement granting driveway rights over Outlot B, Minnewashta Landings (see Attachment No.
2).
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Attachments:
1.
2.
Attachment No.1
Attachment No.2
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c: Dale Kutter, Carver County Abstract
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02/02/98 MON 15:29 FAX 612 452 5550
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DECLARANT:
CITY OF CHANHASSEN
BY:
Nancy Mancino, Mayor
(SEAL)
AND
Don Ashworth, City Manager/Clerk
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
, 1998, by Nancy Mancino and by Don Ashworth, respectively
the Mayor and City Manager/Clerk 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
TInS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Cwve
Eagan, Minnesota 55121
Telephone: (612) 452-50000
SRN
59198.01
D1(30/'88
3
CHAN:MINNEWASHTA LANDINGS
(Ol.lllot 8 - A_I ea..mentl