2022-50DocuSign Envelope ID: F98E2F77-BOA5-42E9-897A-60BC650EOE8A
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: May 23, 2022 RESOLUTION NO:
2022-50
MOTION BY: McDonald SECONDED BY: Schubert
A RESOLUTION APPROVING AN AGREEMENT AND EASEMENT RELATED TO
CITY PROPERTY
WHEREAS, the City is the fee owner of real property legally described as Outlot C, Oak
Ponds 2nd Addition, Carver County, Minnesota according to the recorded plat thereof ("City
Property"); and
WHEREAS, the Oak Hill Homeowners' Association ("Association") is the homeowners'
association for the Oak Pond and Oak Ponds 2nd developments within the City and is the fee owner
of the real property that abuts the City Property, legally described as follows:
Outlot A, Oak Ponds, Carver County, Minnesota, according to the recorded plat thereof;
And
Outlot A, Oak Ponds 2nd Addition, Carver County, Minnesota, according to the recorded
plat thereof,
(collectively, the "HOA Property'); and
WHEREAS, Nicholas Way is a private road serving the HOA Property, the Association
and its members and is located partially on the City Property and partially on the HOA Property;
and
WHEREAS, the City and Association desire to clearly establish the Association's interest
in Nicholas Way and relieve the City of obligations related to the maintenance and liability for
Nicholas Way as provided in the Agreement attached hereto ("Agreement") and the Grant of
Permanent Access Easement attached thereto ("Easement"); and
WHEREAS, the Agreement provides that the City will pay to the Association a one-time
amount of $32,500 towards the Association's cost for improving Nicholas Way and thereafter, the
Association will be responsible for all further maintenance, reconstruction, improvement and
liability for the portion of Nicholas Way located within the City Property as provided in the
Easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen that the Agreement and Easement are hereby approved.
DocuSign Envelope ID: F98E2F77-BOA5-42E9-897A-60BC650EOE8A
PASSED AND ADOPTED by the Chanhassen City Council this 23rd day of May, 2022.
ATTEST:
DocuSigned by:
Kim Meuwissen, City Clerk
YES NO
Ryan
McDonald
Campion
Rehm
Schubert
r DocuSigned
by:
Elise Ryan, Mayor
ABSENT
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AGREEMENT
AGREEMENT made this ra day of /t'1,4Y , 2022, by the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City"), and the OAK HILL
HOMEOWNERS' ASSOCIATION ("HOA").
WHEREAS, the City is the fee owner of Outlot C, Oak Ponds 2nd Addition, Carver
County, Minnesota, according to the recorded plat thereof;
WHEREAS the HOA is the fee owner of the following real property located within the
City of Chanhassen:
Outlot A, Oak Ponds, Carver County, Minnesota, according to the recorded plat thereof
And
Outlot A, Oak Ponds 2d Addition, Carver County, Minnesota, according to the recorded
plat thereof
(collectively referred to herein as the "HOA Property");
WHEREAS, Nicholas Way is a private road ("Road") serving the HOA Property and the
Oak Ponds and Oak Ponds 2nd Addition developments and is located partially on the City Property
and partially on the HOA Property;
WHEREAS, the parties desire to clearly establish the HOA's interest in the portion of the
Road located on the City Property, the HOA's responsibility for maintenance of the Road and to
release the City from further responsibility for the Road.
NOW, THEREFORE, in consideration of their mutual covenants the parties agree as
follows:
1. City Obligations.
A. The City will grant an access easement to the HOA over the portion of the Road
located on the City Property as provided in the form of the Grant of Permanent Access Easement
attached hereto as Exhibit A ("Access Easement").
B. The City will pay the HOA $32,500 upon execution by all parties of the Access
Easement towards the HOA cost for improving the Road.
2. HOA Obligations.
A. The HOA will execute the Access Easement within 5 days of the date of this
Agreement.
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3. Indemification. The HOA agrees to indemnify and hold the City harmless from
any and all claims, causes of action, lawsuits, judgments, charges, demands, costs, and expenses
including, but not limited to, attorney's fees and costs and expenses associated with the Road.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the day and year first above written.
[Remainder of page intentionally left blank]
[Signature pages to follow]
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CITY OF CHANHASSEN
DocttIuSignedAb'yA:
6)tr
By n���s��sze51t3c...
Elise Ryan, Mayor
DocuSigned by:
By. (Auv'u, �o��Ca1n t ln,
curie o anen, City Manager
DocuSign Envelope ID: F98E2F77-BOA5-42E9-897A-60BC650EOE8A
OAK HILL HOMEOWNERS'
ASSOCIATION
Ea , � A -
Print Name: O%2AVJ 47:5 -
Its: President
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EXHIBIT A
ACCESS EASEMENT
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GRANT OF PERMANENT ACCESS EASEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made and entered into as of
2022, by, between and among the CITY OF CHANHASSEN, a Minnesota
municipal corporation, ("City"), OAK HILL HOMEOWNERS' ASSOCIATION, a Minnesota
nonprofit corporation ("Grantee").
RECITALS
A. The City is the fee owner of property legally described on Exhibit A ("City
Property");
B. Grantee is the owner of property abutting the City Property, which property is legally
described on Exhibit B ("Benefitted Property");
C. At the time of original development of Oak Hill Townhomes within the Oak Ponds
Addition and the Oak Ponds 2d Addition ("Development"), Nicholas Way was constructed on
property wholly owned by the developer for the Development to serve as a private road for the
Development;
D. Since then, and after the completion of the original development, the City obtained
fee ownership of the City Property, including a portion of Nicholas Way located on the City Property;
E. In order to serve the Grantee and its members with access to Santa Vera Drive, the
Grantee desires an access easement over the City Property to establish the full width of Nicholas
Way.
NOW, THEREFORE, in consideration of the sum of $1.00 and other good and valuable
consideration to it in hand paid by Grantee, the receipt and sufficiency of which is hereby
acknowledged by the City, the parties agree as follows:
1. Easement. The City hereby grants unto Grantee for the Benefitted Property, a
permanent access easement for vehicular and pedestrian ingress and egress purposes over and across
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the City Property as legally described and depicted in Exhibits C and D attached hereto (the
"Easement Premises") for access by vehicles and pedestrians to and from public streets and private
drives within the Benefitted Property. Grantee's rights to use the City Property shall be limited to
the use of Nicholas Way within the Easement Premises.
2. Rights. The rights provided under this Agreement shall include the Grantee's right
to operate, repair, maintain, improve and reconstruct that portion of the Driveway within the
Easement Premises over, on, under, across and through the Easement Premises. This Agreement
shall include the rights of the Grantee, its employees, contractors and agents to enter upon the
Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain that
portion of the Nicholas Way over, across, on, under, and through the Easement Premises, together
with the right to grade, level, fill, drain, pave, and excavate the Easement Premises, and the further
right to remove trees, bushes, undergrowth, and other obstructions interfering with the location,
construction, and maintenance of the Nicholas Way within the Easement Premises.
3. Use of Access Easement. The Easement Premises shall be used by Grantee solely
for vehicular and pedestrian ingress and egress purposes for Grantee, and Grantee's successors,
assigns, employees, agents, members, guests, invitees and emergency vehicles. No other right to use
any other portion of City Property is granted hereunder. The parties recognize that the general public
will use the private drive similar to use of any private roadway.
4. Maintenance and Repair. Grantees shall be responsible for maintaining,
improving, repairing or reconstructing that portion Nicholas Way within the Easement Premises,
including snow removal, and sweeping, at Grantee's sole cost and expense. Grantee shall maintain
the Easement Premises, including landscaping located within the Easement Premises, in a neat,
presentable and safe condition, at Grantee's sole cost and expense.
5. Restoration. Upon completion of any work within the Easement Premises, Grantee
shall, in all cases, place the Easement Premises in as condition as good as it existed prior to any of
Grantee's work within the Easement Premises under this Agreement. The work shall be completed
as promptly as weather permits, and if Grantee does not promptly perform and complete the work,
remove all dirt, rubbish, equipment and material, and put the Easement Premises in the said
condition, the City shall have, after demand to Grantee to cure and the passage of a reasonable period
of time following the demand, but not to exceed five (5) days, the right to make the restoration at the
expense of Grantee. Grantee shall reimburse the City the cost of such work done for or performed
by the City, including its administrative expense and overhead, plus ten percent (10%) additional as
liquidated damages. This remedy shall be in addition to any other remedy available to the City.
6. Indemnification. Grantee shall indemnify and hold the City harmless from and
against all liability, actions, claims, demands, costs, damages, or expense of any kind which may be
brought or made against the City relating to accidents, injuries, loss, or damage of or to any person,
property, or improvement occurring on or about the Easement Premises. Such indemnity shall not
apply to the extent of any loss or claim due to or arising from the negligent or wrongful acts or
omissions of the City, its officials, employees or agents, occurring on or after this Agreement.
Nothing contained in this Agreement shall be construed as a waiver by the City of any limitations
on liability contained in Minnesota Statutes, Chapter 466.
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7. Insurance. The Grantee and any future owners of the Benefitted Property shall, at all
times during the term of this Agreement maintain comprehensive general liability insurance
coverage of the Easement Premises in amounts equivalent, at a minimum, to the municipal Iiability
limits in effect at any given time under Minnesota State Law. In the event that the statutory
municipal limits of liability under state law are increased, the amounts of coverage shall be increased
to the greater of the limits of municipal liability or the amounts provided under Grantee insurance
coverages. Grantee shall provide evidence of such insurance coverage upon request of the City.
8. Comuliance with Applicable Laws. Grantee shall at all times comply with all
applicable laws, ordinances, rules, regulations, and codes, federal, state, and local, whether now or
hereafter promulgated or enacted in its construction, maintenance and use of Nicholas Way within
the Easement Premises.
9. Remedies/Waivers. The following shall constitute an event of default under this
Agreement:
a. interference by any party to this Agreement with the uses of another party
granted and/or reserved under this Agreement and the interfering party fails to
cure such default within twenty-four (24) hours after receiving written notice
of the default from the aggrieved party (specifically, with regard to any
interference with the ingress and egress by the Grantee and/or their successors
and assigns, the Grantee will be considered an aggrieved party); or
b. a party defaults in any other manner under this Agreement and fails to cure
such default within thirty (30) days after receiving written notice of the default
from the aggrieved party. If the defaulting party fails to cure the default within
the applicable cure period set forth above, the aggrieved party may exercise
one or more of the following remedies: (i) cure the default and charge the cost
thereof including reasonable attorneys' fees to the defaulting party and also
such costs shall be payable upon demand; and (ii) institute an action for
specific performance, injunctive relief, or any other remedy available at law
or in equity.
Any action seeking one or more forms of relief shall not be a bar to an action at the same or subsequent
time seeking other forms of relief. The costs of any such action, including reasonable attorneys' fees
of the prevailing party, shall be paid by the party not prevailing. Any delay in realizing, or failure to
realize, on any remedy herein for a default hereunder shall not be deemed a waiver of that default or
any subsequent default of a similar or different kind, and no waiver or any right or remedy hereunder
shall be effective unless in writing and signed by the person against whom the waiver is claimed.
10. Entire A reement. This Agreement contains the complete understanding and
agreement of the parties hereto with respect to all matters referred to herein, and all prior
representations, negotiations, and understandings are superseded hereby.
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11. No Waiver. No waiver of any default of any obligation by any party hereto shall be
implied from any omission by the other party to take any action with respect to such default.
12. Notices. All notices permitted or required to be given under this Agreement shall be
in writing and shall be deemed to have been given (a) when personally delivered, (b) one business
clay after being delivered to a reliable and recognized overnight courier or messenger service which
provides receipts of delivery, with fees prepaid or charged to the sending party, or (c) three business
days after being deposited in the United States mail in a sealed envelope by certified mail, postage
prepaid, addressed to the respective party at the address set forth herein or to such other address as
set forth in a notice given in accordance with this Section. The notice addresses of the initial owners
are as follows:
City: City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
Attention: City Manager
HOA: Oak Hills Homeowner's Association
/ 03'}0 VI *W C, l OV&F' Vm r lay
�kjra�.���, 14N
Attention: President
13. Severability. The invalidity of any portion of this Agreement shall not impair in any
manner the validity, enforceability or effect of the rest of this Agreement.
14 Governing Law. This Agreement shall be construed in accordance with the taws of
the State of Minnesota.
15. Covenants to Run with Land. The easement, rights and the maintenance and repair
responsibilities set forth in this Agreement shall run with the Benefitted Property and shall be binding
upon, and inure to the benefit of the owners, their heirs, successors and assigns.
16. Termination. This Easement shall terminate if Nicholas Way constructed within the
Easement Premises is abandoned or relocated by the Grantee from the Easement Premises. Upon
abandonment or relocation of the Driveway, the Grantee shall remove Nicholas Way within the
Easement Premises and related improvements at the Grantee's cost.
18. Counterparts. This Easement Agreement may be executed in any number of
counterparts, each of which will be deemed to be an original, but all of which, when taken together,
constitute the same instrument.
17. Title. The City covenants with the Grantee, its successors and assigns, that the City
is well seized in fee title of the above -described Easement Premises; that the City has the sole right to
grant and convey the easement to the Grantee; and that there are no unrecorded interests in the
Easement Premises.
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iIN TESTIMONY WHEREOF, the parties hereto have signed this document this day
�u�Q 2022.
STATE OF MINNESOTA
ss.
COUNTY OF CARVER
CITY OF CHANHASSEN
By:
—i-d
Elise Ryan, Mayor
And:
Laurie Hokkanen, City Manager
The foregoing instrument was acknowledged before me this day of
2022, by Elise Ryan and Laurie Hokkanen, respectively the Mayor and City Manager of the City of
Chanhassen, a Minnesota municipal corporation, Gra{itor, on behalf of the corporation and pursuant
to the authority granted by the City Council. t n A
,eta•,
KIM T. MEUWISSEN
NotaryPublic-Minnesota
;, My Commission Expims Jan 31, 2025
5
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GRANTEE:
OAK HILL HOMEOWNERS' ASSOCIATION
By:
Its President
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of lVk
2022, by 1 4P-6 LJ k I515G4L the President of the Oak Hill Homewoners'
Association, a Minnesota nonprofit corporation, on behalf of said corporation.
SHERI ANN K�,^MER
NOTARY'-'JHI u' Notary Public
MINNESC:I(RM Commission Ex es Manua 31 2025
Y pi January
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
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EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
Legal Description of City Property:
Outlot C, Oak Ponds 2°d Addition, Carver County, Minnesota, according to the recorded plat
thereof.
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EXHIBIT "B"
Legal Description of Benefitted Property:
Outlot A, Oak Ponds, Carver County, Minnesota, according to the recorded plat thereof
And
Outlot A, Oak Ponds 2°d Addition, Carver County, Minnesota, according to the recorded plat
thereof
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EXHIBIT "C"
Legal description of Easement Premises:
The North, East, and South 15 feet of Outlot C, Oak Ponds 2nd Addition, Carver County, Minnesota
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EXHIBIT "D"
Depiction of Easement Premises:
;• 9oct o1 Curb
�\ A
i m / v
mek rr cwe
1 - Ma e1 Cwb \
1
nlr�, vv,l.vl 6e0ercwb 1
VlV
o Denotes Mog Nag Set on Proprty Aw
a Ano of Prlwfe Rood lo-W on Ou Nof C, OAK PONDS 7RD
if
®=111
ADIN RON
y
Areo m 7252 Sq. Ft. or 16.2R oI Totof Priwte Roadway os Shorn
/ajl
Denotes Area or Prlwfe Rood located on Outbf A. OAK PONDS
I.
AAtlJ ADDIROA' OA, PONDS
A. 8e14 SQ. Ff. ff. or SSBf.8Z ' a/ 7ofo1 Prrwfe Roadwoy os Shown
ah.b 1 on 1
n.f« 9/27/2017
Westwood
/� 1 yOutl�o�t�C• .�7�Printe
OAK POND 2.&V
Rdd
I.oafaf�OA
hx9da
ism. suglle«es ::wia�r r..._._.JtIL
ww...e rwl.rrrwoa rc .ra..r.�
Ch°' MlJ
aolJoazsKrol.ay
10
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