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CAS-02_EIDSNESS SUBDIVISION - PAUL & ANDREA EIDSNESSe .t R i � 7_. T_ a'• tO',tl _.r lel A"a:-+ Ayd i � i`c♦ d9 r. '.M ! - ray- • i yP i`t' R@� - R ._i •(a - i +- • ! r it PrP. IL d 'a-ai awe si _ a '°p• ;• Pt r a • -' £_�_ �i•6j- ♦ a + e,vs rlek.w `° pe j�a b r J� . �.i-µ l�t.�+gid •IA rJ rt we. .-0 - �.3 R A R• -" ,i a - 8. _ 3 . � I p+ f i s • •Ib r 1 - _ i t 1�/' e� 4��1 P1w �S `Yt• �� i ,P. .. :'' s- aA,J,djIf f i s • •Ib r 1 - _ i t 1. Public Improvements. The City shall construct a public street in the public easements between Parcel A and Parcel B. Street construction may commence, in the City's discretion, upon the occurrence of any of the following events, whichever first occurs: when Parcel B is further subdivided, when a building permit is issued for construction on Parcel B, when the property to the north of Parcel B is developed, when the City determines it is appropriate to construct the street. 2. Surface Water Management Fees. As a condition of subdivision approval the Developer is required to pay a surface water quality fee of $2,383 and a surface water quantity fee of $5,987. The Developer has asked to defer payment of the fees until one of the events triggering the street construction referred to in paragraph 1 above occurs. 3. Special Assessments. Parcel B is specially assessed for: (1) street project in the amount of $10,000.00; (2) the surface water quality fee in the amount of $2,383; and (3) the surface water quantity fee in the amount of $5,987. The assessments shall be deemed adopted on the date this Agreement is approved by the City Council. The assessments shall be deferred without interest until the street is constructed. When the deferment ends, the assessments shall be paid over a five (5) year period, together with interest at a rate of eight percent (8%) per year \ n \ 215 �JG \ los \ \ Area = 19965 SF. w,OGN� existing---drh 193 948 Area 18Q28 S.F. 944 X1986 942— 0 2 940 171 97 3a 20 ` _— --- -�liy • denotes iron monument found p denotes iron pipe set a,ra,4aos and marked as shown: orroaoosz denotes soil boring G denotes percolation test hole Concept Plan Concept :Plan �t ISI/i)/,4 VV �/k,iV,.,53 Requested By: L _ 111)-k i L .,i53 i3 /" L _ .,1 r, t . on part of Government Lot 8, Karon Real Estate Group Section 1, Township 116, Range 23, Carver County, Minnesota Date: Drawn By: Scale: Checked By: 5-23-05 B.A.I. 1 " = 50' P.E.O. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Paul E. Otto Date: License # 40062 Area = 8.7f Acres Note: Topography by Carlson h Codson lnc. Web Site: www.onoassociates.com T\ SS0 ATES Engineers and Land Surveyors, Inc. 9 West Division St. Buffalo, MN 55313 Ph: (763)682.4727 Fax: (763)682-3522 Revised: Job No. 2-05-0190 \ \ -- FERr� AVIgood) 40 �, , A yIrlFar%Hill FOX Benchmark - 7AW 0ev-94Z96 (N.ava 19: x� t3 ry O gp� N \ S fine of Gov't Lot See 1, T. 116, R. rain — A "49 -W I At line of sea 12 - Certificate of Survey \ \ = 954.68 7 / (\ 111 ox_ bit. d/w —/ C t l I •�\ \• 949.47 � 9 27\ \. 956.47 ) * 95263 \U �'. 7 M e' y\ LW A \\\ C, ��Doa\cc vT2„Ic _73� 2. ,� •— \-��95,41 ` / \ �� �- ;• �n • .�.._.'. .......... �r eeed�/929 89 \SMW at9916mas W Carom Caamry Manument of the SW caner of Sec 1 In \ 7 V \ 30' raodwoyL_ easement ex waw ex. e Y✓� 7J/tCHolry E`r — T - P_ �t 1 B --- —944 ► In � � -- 53871 -.22 -Sim � _� D Tnp1_t�✓ 'd Il \ 6 t�';�'► c --942— i _� Awl — ' —940-� �' -- ` 10 23: �t�•--� t g • .�g • 947. �_ �• - -�—�egp•: 1 - -rock r V / LV 1 /•n That pat of Government Lot 6 Sadie 12 Township 116, Range 23 Caner County ii✓wmaia, described as foubws Beginning at a point in the center /he of Lakeview Drive, distort 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds Eml from the point fanned by the hterseclon of the tenter thes of Fee Rood and Lakeview Drive, as designated and daiheated an the Map of Carver Beach, at Long Lake occordng to the plat thereof, an Re and of record in the office of the Registrar of 778m b and for said County and State of Mhnasatcc and running from thence South B9 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the &vision the between Section 1 and 23 of Caner County to the high water mak of Long Lake; thence in a Southemtedy direction along the high water mark of Long Lake 115 feet plus or minus to o point 100 feet at right angles to the Prat course when sold course is projected £asterilt thence Northerly BY degrees 31 minutes 29 seconds West 965 feet plus or minus to the center rine of Lakeview Drive• thence North 22 degrees 21 minutes 40 seconds Nest 106.50.5 feet to the point of beginning being a pat of Government Lot Na 6, Section 1Z Township 116, Range 24 some being registered land as evidence by Certificate of title Na 1726, Caw :aunty, Stnte of Arnnesota. not flea £mterty of a fine desabed as tallows: :;a at a point in the canter fine of Lakeview Drfv% distant 245518 feet an a blaring of South 22 degrees 21 minutes 40 seconds East, from the point famed by the intersection of the canter Ibex of Fern Road and Lakeview Drive, os designated and .ethaoted on the Map of Cava• Beach, at Long LoVe occoa ng to the plot thereof, an Re and of record h the office of the Registrar of rules in and far said County and State of Mbnemtq and running from thence South 89 degrees 31 minutes 29 seconds East along the North fine of sold Section fZ o distance of 530.06 feet to the pobt of beginning of said rhe to be dazabeot than South ori degrees 01 minutes 32 sands East to a point 100.00 feet at right angles from the South line of said Section 1, and sail fine these tarmhating PROPOSED PROPERTY DESMP77ON PARCEL a, Outiot A, BIG WOWS ON LOTUS LAKE, Carver County Mnnssota according to the recorded plot thereof. r -¢Ii That part of Government Lot 6, Section 1Z Township 176, Range 23, Cow County Minnemoto, descrbad as follows Beginning at a poiit in the center rine of Lakeview Drfv% distant 243.518 feet an a bearing of South 22 degrees 21 minutes 40 seconds East, from the point famed by the intersection of the center rnes of Fem Rood and Lakeview Dri% as designated and delineated an the Map of Carver Beach, at Long Laka, ocoadhg to the plat thereof, an Me and of record in the office of the Registrar of 77tles in and for said County and State of Mnnamta; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or mous h and along the duvisi a line between Section T and 23 of Carom County to the h;gh water malt of Long Lara thence in a Southeasterfy direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at fight angfes to the first course when said course Is projected Easterly thence Northerly 89 degrees J1 minutes 29 sxads Mast 965 feet plus or minus to the center line of Lakeview Offvw thence Nath 22 degrees 21 minutes 40 seconds Abst 1PB505 feet to the point of beginning, being a port of Government Lot Na 6, Section 1Z Tommhq 116, Range 23, sone being registered land as evidence by Certificate of title Na 1726, Cow County, State of Minnesota That ries Nestaty of a line described as k6ows Camn,mcrng at a point in the center roe of Lakeview Drive distant 245518 feat an a bearing of South 22 degrees 21 minutes 40 seconds East, from the point farmed by the htarsecLen of the center fines of Fan Road and Lokewaw Drive, as designated and daiineated an the Map of Carver Beach, at Long Lake, according to the plat thereof, an fie and of record h the office of the Registrar of RBes in and for sold County and State of Mhnasohn and running hon thence South 89 degess 31 minutes 29 seconds East along rhe North lba of said Section Q. a dLstwoe of 53006 feet to the point of beginning of said rine to be descrbect thence South W degrees 01 minutes 32 seconds East to a point 100.00 het of right angles Iron the South Line of said Section 1, and mid rine there terminating • denotes iron monument found O denotes iron pipe set o a,axa and marked as shown: 9 denotes soil boring 0 denotes percolation test hole ex. wrmonintable — — — & gutter I//1n r1 .; I /lin A L11 k2 I VY LI I vlY I I I I i PROPOSED S7REFT AND U77uTY EA.SEIIENT DESLR1PT1pJ.• An easement far street and ut9ky, purposes over, under, and across the East 5a00 het of the That port of Government Lot 6, Section /Z Tomshia 116, Range 24 former county, Minnesota desrbed as follows Beginning of a point N the center Ibe of Lakeview Drive, distant 24.1518 feet an a bearing of South 22 degrees 21 minutes 40 seconds East, from the point Tamed by the /ntarsection of the center lines of Fan Road and Lakeview Drive, as designated and delineated an the Map of Caw Beach, at Long Lake according to the plot thereof, on file and of record in the office of the Registrar of Roes in and for sold county and State of Mhnesata and running from thence South 69 degrees JI minutes 29 seconds East 950 feet plus or minus h and along the dhis/an line between Section t and 23 of cow County to the high water mark of Long Lake; thence in a Southeasterly diection along the high water mark of Lang Lake 115 feet plus or minus to a print 100 feet at right angles to the hist course when said course Is projected Easterly thence NartheHy 89 degrees Ji min0es 29 seconds Nest 965 feet plus or minus to the center /he of Lakeview Drive; thence Hartle 22 degrees 21 minutes 40 seconds West 10a505 feet to the point of beginning being a pot of Government Lot Na 6, Section lZ Townshia 116, Range 23, same being registered land m evidence by CertAficats of Utle Na 1726, Carom County, State of Minnesota fiat abs Westerly of a line desrrmed os follows Commencing of a point in the center line of Lakeview Drhi% distant 243518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East; from the point formed by the intersection of the center Ines of Fan Rood and Lakeview Drfve as designated and aelheated an the Map of coir Beach, at Long Lak% according to the plot thereof, an fife and of record h the office of the Ragistrra of Russ In and for sold County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East dong the North /he of sold Section lZ a distance of 5Ja06 feet to the point of beghnbg of said Rhe to be deserbe4 thence South OJ degrees Of minutes J2 seconds East to a point 100.00 feet at right angles from the South Line of sold Section 1, and said line there terminating PROPOSED CONSTRUCROM EASELENT DESCRIP770N: An easement for construction purposes over, under and across the Nest 20.00 feet of the following described property That port of Government Lot 6. Section 1Z Tomshlb 116, Range 2.1 Caner County, Minnesota described as follows Beginning at a point h the center line of Lakeview Drfv% distant 24.1518 feet an a bearing of South 22 degrees 21 minutes 40 seconds East from the point famed by the lntarsection of the center lines of Fern Rood and Lakeview Drive. as designated and delineated an the Atop of Cover Beach, at Long Lair% according to the plat thereof, an Me and of record In the office of the Registrar of Rhes h and far said county and State of Minnesota and running fnm thence South 69 degrees 31 minutes 29 seconds East 950 feet plus or minus An and dong the oWon line between Section 1 and 13 of Cover County to the high water mak of Long Lake, thence In a Southeasterly, direction dong the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right o ngdss to the fist course when said course Is projected Ewteny, thnce Northerly 89 degrees J7 minutes 29 seconds West 965 feet plus or minus to the center /he of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds Nest 1085015 feet to the point of beginning, being a pot of Government Lot Na 6, Section lZ Township 116, Range 2J, some being registered land as evidence by CerilNeate of Ube No. 1726, Cores County, State of Minnesota That Ass Easterly of a line. deserted as hallows Cammeneing at a point in the center the of Lakeview Drive, distant 245518 het an a bearing of South 22 degrees 21 minutes 40 seconds East, from the point famed by the intersection of the center lines of Fern Road and LokeWew Drfv% as designated and delbeated an the Nap of Carom Beach, at Long Lar% according to the plat thereof, on Ise and of retard In the office of the Registrar of Rues h and for said county and State of Mhnesatd; and running from thence South 89 degrees Ji minutes 29 seconds East Bang the North fine of said Section 12, o distance of 530. OS feet to the point of beginning of sold the to be desonbot thence South 03 degrees 01 minutes J2 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said fine there tarminathg Certificate of Survey on part of Gov't Lot 6 of Sec. 12, T. 116, R. 23, Carver County, Minnesota t' o 1 ^N \ R' \ R 6^ 4 Q o p •92z 12 nous. 1 \VV\ = 9 f 27.42 -925.. \ \ 9?6 sag g� 1 vuc �� \ \ -7"4 T. )1�R 23� t0i E cement \ W me of fta. J/ m Is fhawse to Oil \m I`�^a'931.20� l ll vI / / / Easement per Doc. Na 722452 / A /,,' r- LJ"t f � L_ 0 EASEMENT OF RECORD: (Doc. Na 728873) An easement for roadway purpose% Ding 6 roet an either side of the her narter aeserned ,ne, said roe being deco bed as fotlows Commencing at the intersection of the South rine of Section 1, Tomah4n 116, Range 2.7, and the cantering of Lakeview Drive as Mom an the plat of CARV2R BEACH: thence running South 89 degrees 31 minutes 29 seconds East dong said Section roe a distance of 500 fest and there terminating PROPOSED EASEWENT DESMP77ON An easernant for ingraee and egress purposes over, under, and across the Nath 6.00 feet of Government Lot 6 Section 12. Townshio 116, Range 2.1 Cover County Minnesota lying Eastafy of Line A and Neatedy of Liss e. Line A described as follows Canmencing at the intersection of the North line of said Government Lot 6 and the centa,fm of Lakeview Drive as shown an the plot of CARVER BEAM, thence Easterly dong avid Nath rn% a distance of 500.00 feet to tiro point of beginning of sold Line A; Mance Southwfy defecting to the right 90 degrees 00 minutes 00 secard% a distance of 6.00 feet and said Line A there terminating Line B described as fellows Cammenchg at a point in the cntwrne of Lakeview Drfm distant 243518 het on a bearing of South 22 degrees 21 minutes 40 seconds East fern the point formed by the btarsecUm of the center thee of Fen Road and Lakeview Drim as designated and dalheated an the Map of Carver Beach, at Long Lok% offing to the plot thtreof, on Me and of record in the office of the Registrar of Titles b and for said County and State of klkw sato and running from than South 89 degrees 31 minutes 28 seceder East dong the Nath line of raid Section 1Z a distance of 53x06 feet to the point of beghnhg of said the to be descried• thnce South 03 degrees 01 minute 32 secede East to a point 100.00 feet of right antes from the South line of said Section 1, and said the }hero terminating PROPOSED EASEMENT DEStR1P77OV An easement for roadway purposes over, under, and across the Nest Ja OO feet of the fd/owng described property That part of Government Lot 6, Section lZ Township 116, Range 21 Carom County, A inner to demo -bad as follows Beginning at a pant h the center line of Lakeview Drive distant 143518 feet an a bearing of South 22 degrees 21 minutes 40 seconds East from the point formed by the intervectian of the anter /hes of Fem Rood and Lakeview Drive, as designated and delineated on the Map of Carom Beach, at Long Lake, according to the plot thereof, an lie and of record in the office of the Regiabor of rrtles in and for Bold County and State of Minnasatq and running Iran than South 89 degrees J1 minutes 29 mecards East 950 feet plus or minus in and dong the division roe between Section 1 and 23 of Cover County to the high water mak of Lang Lona thnce h a Southeasterly direction dong the high water mark of Long Lake 115 het plus or minus to a point 100 het at rght angles to the first course when said course Is projected £astady, thence Nordwly 89 degrees 31 minutes 29 second- Meat 965 test plus or minus to the center line of Lakeview Drive; thee, North 22 degrees 21 minutes 40 seconds Mast 108505 feet to the point of beginning, being a part of Government Lot Na 6, Section 1Z Township Ila Range 2.1 sane being registered land as evidnce by Certirxvte of Ube Na 1726 Caw County, State of Mhnamta fiat ties Mastariy of a line described as follows Commencing at a point in the canter me of Lakeview Drive, datont 243518 feet an a bearing of South 22 degrees 21 minutes 40 seconds East 6rc the point formed by the intersection of the center lines of Fee Road and Lakeview Drive, as designated and dadirected on the Map of Cover Beach, at Lang Lake, occordmg to the plat thereof, on Ne and of record in the office of the Reghtrar of rtt/as in and for maid County and State of Minnesata and running from than South 89 degrees Jf minutes 29 seconds East dong the North line of said Se ban 1Z a datance of 5J0.06 feet to the point of beginning of said line to be desabe¢ thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right ogles from the South Line of said Section 1, and said line there tannhatbg. Paul Eidsness Date: 8/11/05 oraD.N.A. wn By:Saa1"=60' Checked B Carver County Monument of meandm cans on section line TOTAL AREA = 94833.22 S.F. (2.18 AC.) HARDCOVER CALCULA77ONa PARCEL A STRUCTURE' AREA PV?MT EJOSIM GARAGES 1391 SF. 14x EXSTM HOUSE/OEi7t 1840 S.F. 4.51 E)aSnNG GpRAMM 4489 SF max EXS7M RETAAo4G WALL MY SF. a91 TOTAL HARDCOI£R AREA - MM SF TOTAL HARDCOVER (R7 aYNL) - IAM 1570IRW. STRUCTURE AREA T EOSnNG a1AMNWS 3806 SF.7.11 E657M GRAVEL 744 S.F. 1.41 EJOS7AIC RETAWWC WALL 428 SF. day TOTAL HAROCOh7t AREA - 4684 SF. TOTAL HARDCOVER - 9.31 —OHE— denotes overhead electric line O denotes power pole d denotes right Pole PROPOSED DRAINAGE AND UTILITY EASEWENT DESCRIPROW A doirage and utility easernent over, under and across the Nest 1000 feel the North 5.00 feet and the South 500 feet of the foffowing described property That part of Government Lot 6, Section 1Z Township 116, Range 2Jv Carver county, Mhnasata, described as follows Beginning at a point in the curter line of Lakeview Drive, distant 24.1518 feet an a bearing of South 22 degrees 21 minutes 40 seconds East fiam the point famed by the intersection of the center lines of Fem Road and Lakeview Drive, as designated and darneated an the Map of carom Beach, at Long Loire, according to the plat thereof, an file and of record h the office of the Registrar of Titles in and for said County and State of Mhnamta• and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus In and dung the division line between Section / and 23 of Coir County to the high water mak of Lang Lake; thence in a Southeasterly drachm along the high water mak of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course h propcted Easterly thence Northafy 89 degrees 31 minutes 29 seconds Nest 965 feet plus or minus to the curter line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West 1Oa5a5 feet to the point of beginning, being a port of Government Lot Na 6, Sactkn /Z Township 116, Range 24 some beteg registered land as evidence by Certirxate of title Na 1726, Lbw County, State of Alimemta Mat lies Easterly of a lin% described as fd/owr Commencing at a point in the center Abe of Lakeview Drfv% distant 24.1518 feet an a bearing of South 22 degrees 21 minutes 40 seconds East from the point famed by the intersection of the center /has of Fee Rood and Lakeview Drive, os designated and ddbeated an the Map of Carver Beach, at Lang Lok% according to the plat thereof, an Me and of record in the office of the Registrar of Titles in and for said County and State of Minnemta and running frau thence South 89 degrees J1 minutes 29 seconds East dong the Nath line of said Section lZ a distance of 5J0.06 het to the point of beginning of said /he to be daoarbea; thence South 03 degees 01 minutes 32 s,ccods East to a point 100.00 feet at right ongles iron the South Line of said Section 1, and sefd roe inane terminating A drainage and utility samesrent over, under and across the Ileal 1a00 feet of the East 6a00 feel the East moo feet of the Weal 4a00 feet the North 500 het and the South 10.00 teat tying Neatedy of the East 60.00 feet and Easterly of the Nest 40.00 feet of the following described property Oudot A, BIG WOODS ON LOTUS LAKE; Carver Canty, A/onesata, according to the recorded plat thereof. AND That part of Government Lot 6, Section /Z Townshp 116, Range 24 Cores County, klonemta deacrbed as follows Beginning at a paint in the center /he of Lakeview Drive, datmt 245518 feet an a booing of South 22 degrees 21 minutes 40 secmais East hon the point formed by the infersectfan of the center /hes of Fee Road and Lakeview Drive, as designated and darneated an the Map of Cores Beads, at Long Lake accardog to the plat thereof, an Me and of read in the office of aha Registrar of Titles An and for said County and State of Vianesota; and running hon thence South 89 degrees JI minutes 29 seconds East 950 feet plus or minus in and dong the diviabn line between Section 1 and 23 of Caw County to the high water mark of Long Laky thence h a Southeoota/y direction dong the high waiter mark of Long Lake 115 feet plus Or minus to a point 100 het at right ongfes to the first course when said course is projected Easterly, thence Nathafy 89 degeas J7 minutes 29 seconds Www 965 feet plus or maws to the center fine of Lakeview Drive; thence Nath 22 degrees 21 minutes 40 seconds Nest 108.505 feet to the point of begirnhg being a port of Government Lot Na 6, Saction iZ Township 116, Range 24 some being registered land as evklenca by LbUrxate of Ube Na 1726 Lover County State of A/hnesohm 7hat ties Wwta/y of a line described as fogows Conmenchg at a point In the center /be of Lakeview Drive, distant 24.1518 feet an a bearing of South 22 degrees 21 minutes 40 seeor:ds East fan the point formed by the intersection of the center lines of Fem Road and Lakeview Drive, as deafgnated and dailnected an the Map of Caw Beads. at Long Lake, according to the plat thereof, an Me and of record 1n the office of the Registrar of 77tles In and for said County and State of Minnesota; and running ham thence South B9 degrees 31 minutes 29 seconds East dong the North lune of mid Seafkn 1Z a distance of 5Ja06 feet to the point of beginning of mkt fine to be desrrbed thence South e,3 degrees 01 minutes 32 awards East to a point 100.00 feet at right angles from the South Line of said Section 1, and said the there terminating I hereby certify that thin survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State Minnesota. Paul E. Otto Web Site: WTTO g West Dhrision St. 1,26,06 DKA Buffalo, UN 55313 Job Na. dela Ph: (763)6824727 Job No. ssoclarEs Fax (763)x823522 1_05-0599 Engineers and Land Surveyors, Inc. Exhibit I N40 .^..APP? \ vv 2 Cry rrOC..S O L_0L. _. rte CITY OF CHANHASSEN RECEIVED IAN 1 1 2006 CHANHASSEN PLANNING DEPT Road Alignment Exhibit on part of Gov't Lot 8, Sec. 1, & Gov't Lot 6 of Sec. 12, oil in T 116, R. 23, Carver County, Minnesota • Q denotes iron denotes iron and marked monument found pipe set OTTO 74343 as shown: °nO�400G2 Requested 9 B By: Paui Eideness I hereby certify that this survey, plan, or report was prepared by me or under a direct supervision and that I am a du Licensed Land y Surveyor under the laws of the state of Minnesota. Web Site: www.ottoassociates.com T 9 West Division St. T I O Buffalo, MM 55313 Revised: Date: Drawn By: Scale: Checked By: Job No. 0 denotes denotes soil boringfl_ percolation test hole 1/9/06 D.N.A. I I 1 =100 P.E.O. SSOCIATES Engineers and Land Surveyors, inc. Ph: (763)682.4727 Fax: (763)682-3522 1-05-0599 Paul E. Otto n-+— 1;,.e . 4 Exhibit C.R.£R \ aFAal \ vv �2;PL CRO.: ES-, • denotes iron monument found Keque O denotes iron pipe set orro,43 and marked as shown: orroaooss Date: 30Iii .� ., rrGC..S O L c..r, r.c Paul Eideness n by: I bcaie: 9 denotes soil boring 1/9/06 I D.N.A. I 1"=100' G denotes percolation test hole I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. P. E. 0. I Paul E. Otto CITY OF CHANHASSEN RECEIVED JAN 1 1 2006 CHANHASSEN PLANNING DEPT Rood Alignment Exhibit on part of Gov't Lot 8, Sec. 1, do Gov't Lot 6 of Sec. 12, all in T 116, R. 23, Carver County, Minnesota Revised: Web Site: www.ottoassociates.com TTo B West Division Buffalo, MN 5531313 Job No. SSOCIATES Ph: (763)6814727 Fax: (763)682.3522 1_05-05 and Land Surveyors, Inc. Exhibit :...WD? \ vv '1?/PL CR03"' 1 CITY OF CHANHASSEr' RECEIVED IAN 1 1 2006 CHANHASSEN PLANNING DEPT Rood Alignment Exhibit on part of Gov't Lot 8, Sec. 1, & Gov't Lot 6 of Sec. 12, all in T 116, R. 23, Carver County, Minnesota • � denotes iron denotes iron and marked monument found pipe set OTTO-14343 as shown: orroaooe2 Requested q B y' , Paul Eideness I hereby certify that this survey, plan, or report was prepared by me or under a direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Web Site: ,NWN,.alloaSSo[iates.Cam 9 West Division St. TTo Buffalo, MN 55313 Revised: Date: Drawn By: Scale: Checked By: Job No, denotes denotes soil boringSSOCIATES percolation test hole 1/9/06 D.N.A. 111=100, P.E.O. Engineers and Land Surveyors, Inc. Ph: (763)682~x727 Fax: (763)682-3522 1-05-0599 Paul E. Otto Date: License # 40062 Exhibit CAP.fx \ 3Et^Fl \ vv , R/PL CRC 7: 1s11 TES 30� D 2 L111y^ "'bods O^ i_Oi11S i_�r:c \ \ CITY OF CHANHASSEN RECEIVED IAN 1 1 2006 CHANHASSEN PLANNING DEPT Road Alignment Exhibit on part of Gov't Lot 8, Sec. 1, & Gov't Lot 6 of Sec. 12, all in T 116, R. 23, Carver County, Minnesota • p denotes iron denotes iron and marked monument found pipe set orro,aaaa as shown: orroaoosa Requested By: Paul Eideness I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Web Site: www.ottoassociates.com 9West Division St. TTO Buffalo, AN 55313 QSOCIATES Revised: Date: Drawn By: Scale: Checked By; Job No. denotes denotes soil boring percolation test hole 1/9/06 D.N.A. 1"=100' P.E.O. Engineers and Land Surveyors, Inc. Ph: (763)6824727 Fax: (763)682-3522 t-05-0599 Raul E. Otto Date: License 40062 Exhibit 1� N40 CAO?,'S? \ vv • denotes iron monument found denotes iron pipe set orro,<�a and marked as shown: orroaoosz denotes soil boring G denotes percolation test hole 1/9/06 A t Paul Eideness e: D.N.A. I 1"=100' I P.E.O I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Paul E. Otto CITY OF CHANHASSEN RECEIVED IAN 1 1 2005 CHANHASSEN PLANNING DEP' Road Alignment Exhibit on part of Gov't Lot 8, Sec. 1, & Gov't Lot 6 of Sec. 12, all in T 116, R. 23, Carver County, Minnesota Revised: Web Site: www.ottoassociates.com WSTTO SOCIATES Engineers and Land Surveyors, Inc. 9 West Division St. Buffalo, MN 55313 Ph: (763)6824727 Fax: (763)682-3522 •G M• 1-05 Exhibit AR.FR RIPL CROW" ES —� • denotes iron monument found O denotes iron pipe set orro,4�a and marked as shown: oTToaoosz 9 denotes soil boring O denotes percolation test hole �30 2 quest 1/9/06 Paul Eideness wn tiy: Jcale: Unecked t D.N.A. I 1"=100' I P.E.O I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Paul E. Otto CITY OF CHANHASSEN RECEIVED IAN 1 1 2006 CHANHASSEN PLANNING DEPT Road Alignment Exhibit on part of Gov't Lot 8, Sec. 1, & Gov't Lot 6 of Sec. 12, all in T 116, R. 23, Carver County, Minnesota Revised: Web Site: www.ottoassociates.com �TTOB West Division St. — Buffalo, MN 55313 Job No. SSOCIATES Ph: (763)682.4727 Fax: (763)682-3522 05-05 and Land Surveyors, Inc. Exhibit CARVER \ BFACH vv p21PL CRO"" E-1 F.S;1 E5 • denotes iron monument found Kequ 0 denotes iron pipe set and marked as shown: orroa aT76143d3 oosz Date: \ —�--- by 30 u i '100�S O,^, L::S c_'lnc \ denotes soil boring 1/9/06 O denotes percolation test hole Paul Eideness CC D. N.A. I 111=100' I P.E.0 I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that 1 am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Paul E. Otto CITY OF CHANHASSEN RECEIVED JAN 1 1 2006 CHANHASSEN PLANNING DEPT Road Alignment Exhibit on part of Gov't Lot 8, Sec. 1, & Gov't Lot 6 of Sec. 12, all in T 116, R. 23, Carver County, Minnesota Web Site: www.ottoassociates.com WSTTO SOCIATES Engineers and Land Surveyors, Inc. 9 West Division St. Buffalo, MN $5313 Ph. (763)6824727 Fax: (763)682-3522 evised: Job No. 1-05 Exhibit CARVER \ vv TRIPE ORO""" ES,A �S 3 0 ;g "i .I t,J Cr'.'? CITY OF CHANHASSEN RECEIVED IAN 1 1 2006 CHANHASSEN PLANNING DEP' Road Alignment Exhibit on part of Gov't Lot 8, Sec. 1, do Gov't Lot 6 of Sec. 12, all in T 116, R. 23, Carver County, Minnesota • denotes iron denotes iron and marked monument found pipe set OTTa14343 as shown: orroaoosa Requested q By Paul Eideness i hereby certify that this survey, plan, or report was prepared by me or under a direct supervision and Land that I r a duly L laws Surveyor under the laws of the state of Minnesota. Web Site: tnvw,.Ottoassociates.com T 9 West Division St. T I O Buffalo, MN 55313 Revised: Date: Drawn By: Scale: Checked By; Job No. 0 denotes denotes soil boring percolation test holeDate: 1/9/06 D.N.A. 1"=100' P.E.O. SSOCIATES Engineersand Land Surveyors, Inc. Ph: (763)6824727 Fax: (763)682-3522 1-05-0599 Paul E. Otto License # 40062 1 Exhibit :.R.£R \ BEA -^H \ C RiPL G"I", £SC„PS • denotes iron monument found denotes iron pipe set and marked orro,43 as shown: oTTo-0oosz denotes soil boring 0 denotes percolation test hole quested By: Paul Eideness rawn 1/9/06 1 D.N.A. Cale: 111=100' I P.E.0 I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Paul E. Otto CITY OF CHANHASSEN RECEIVED IAN 1 1 2006 CHANHASSEN PLANNING DEPT Road Alignment Exhibit on port of Govt Lot 8, Sec. 1, & Gov't Lot 6 of Sec. 12, all in T 116, R. 23, Carver County, Minnesota Web Site: www.ottoassociates.com �\ SSoc►ArES Engineers and Land Surveyors, Inc. Revised: 9 West Division St. Suffalo,MN55313 FJobNo.Ph: (763)682-0727 Fax:(763)6813522 PLEASE PRINT Planning Case No. CITY OF CHANHASSEN CITY OF CHANHASSEN RECEIVED eCQS 7700 Market Boulevard — P.O. Box 147 ,JAN 0 4 2006 92-SI Chanhassen, MN 55317 — (952) 227-1100 co CHANHASSEN PIANNINp DEPT V is DEVELOPMENT REVIEW APPLICATION P-KP Applicant Name and Address: Pat, l I, nnA f}n,trP % J- E i 1_jPSS L13951r Ilium Lane ble-'+ M'i nnati-,u+n M N ci°"�i-�4 Contact: j -b n Dr� i ce _ Phone:g5.2-q4q-Qat, Fax:45a-9�tq-959q Email:,Arirpinu)c.hnnaJ!T nest_ net - NOTE: Consultation with City staff is required I plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review* _ Subdivision* 116 -3fj Exemption lt+o1 Owner Name and Address: Same us j1p,31'rnnt Contact: Phone: Fax: Email: to submittal, including review of development Temporary Sales Permit Vacation of Right-of-Way/Easements Variance (VAR) ( -6a.o o' Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign** - $75 + $100 Damage Deposit X Escrow for Filing Fees/Attorney Cost*** - $50 CUP/SPR/VAC/VAR/WAP/Metes & Bounds - $450 Minor SUB 6-75 TOTAL FEES d!V_\%/rY6r +01 _ An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8'/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. ***Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: EiCLSneSc me s CLnd 4,Lin 1S SAJiJ ;5i on LOCATION: to is Carver Beoth Rn/A/1 C' kan hacsen, MInneo.40 -553117 LEGAL DESCRIPTION: See cl Hn<h(Ec( 5hP e'' TOTAL ACREAGE: of WETLANDS PRESENT: YES X NO PRESENT ZONING REQUESTED ZONING: N)+ Ci�Iicabie PRESENT LAND USE DESIGNATION: n0+0 12,2 h C(A REQUESTED LAND USE DESIGNATION: Lint CAPn I I C(1 b I f REASON FOR REQUEST: 5e(krar iOn ,-)F— tnpies and hniinAs CAFc<r1 1 r+ , j)4 -r, i -w o S c-pjri;l i e I o+S This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the speck ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. of Applicant Signature of Fee Owner 111,11Z->,15 4XCCI 61V r Date Date N1�� by sa$a �,uc � fait tray taf�trn *j as % iCc�• 1 r 2605 . SCANNED GAplanlfonnWe' Velopment Review Application.DOC Rev. 11/05 QSTTO SOWATES Engineers and Land Surveyors, Inc. To: City of Chanhassen Attn: Sharmeen AI-Jaff 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 RECE!VF: JAN 1 1 2006 CITY OF CHANHASSEN Transmittal Date: 1/10/2006 Project: Eidsness Project No: 1-05-0599 We are sending to you: X Attached _ Separately _ By Messenger _ By Fax X By Mail Shop Drawings _ Specifications _ Contracts _ Reports Prints _ Correspondence Number Documents Copies Number Date Description: 12 Copies Exhibit —No exceptions taken _ For your use For your information _ Rejected _ For your approval _ For your review _Revised and resubmitted _For your distribution _ As you requested —Note Markings _ For your processing Remarks: CC: Ron Karon — 2 Copies John Rice — 2 Copies BY: Paul E. Otto paul@ottoassociates.com Web Site: www.ottoassociates.com 9 WEST DIVISION STREET - BUFFALO, MINN 55313 - (763) 6824727 - FAX (763) 682-3522 SCAMMED Exhibit -W,ER \ aEt ;Yi0 r•n� „r CRO I 30 2 • denotes iron monument found Nequested O denotes iron pipe set arra,<�3 and marked as shown: oTroaooa2 Date: denotes soil boring 1/9/06 O denotes percolation test hole S I inr A I I 50 BIG WOODS y iiOti C1(.'.�S O^ i.0Lt;1S L'.Glkt Paul Eideness rawn Ing �1 Cale: 1 "=100' 0 I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the ecked Bv; IState of Minnesota. P.E.0 Paul E. alto CITY OF CHANHASSEN RECEIVED JAN 1 .1 2006 CHANHASSEN PLANNING DEPT Road Alignment Exhibit on part of Govt Lot 8, Sec. 1, & Gov't Lot 6 of Sec. 12, all in T 116, R. 23, Carver County, Minnesota Revised: Web Site: www.ottoassociates.com J TTo S West Division St. — Buffalo, MN 55313 Job No. SSOCIATES Ph: (763)682-4727 Fax: (763)682-3522 05-05 and Land Surveyors, Inc. CN4D jj� / L / Ropv \1 �0 OFCIVE / / 50 HILL m 4 � / I 1 2 O q0 \ �J e I P� I Q ,d Ia -W,ER \ aEt ;Yi0 r•n� „r CRO I 30 2 • denotes iron monument found Nequested O denotes iron pipe set arra,<�3 and marked as shown: oTroaooa2 Date: denotes soil boring 1/9/06 O denotes percolation test hole S I inr A I I 50 BIG WOODS y iiOti C1(.'.�S O^ i.0Lt;1S L'.Glkt Paul Eideness rawn Ing �1 Cale: 1 "=100' 0 I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the ecked Bv; IState of Minnesota. P.E.0 Paul E. alto CITY OF CHANHASSEN RECEIVED JAN 1 .1 2006 CHANHASSEN PLANNING DEPT Road Alignment Exhibit on part of Govt Lot 8, Sec. 1, & Gov't Lot 6 of Sec. 12, all in T 116, R. 23, Carver County, Minnesota Revised: Web Site: www.ottoassociates.com J TTo S West Division St. — Buffalo, MN 55313 Job No. SSOCIATES Ph: (763)682-4727 Fax: (763)682-3522 05-05 and Land Surveyors, Inc. Exhibit CARVER \ a£.A--H nr o v` CRO:fTl C SS;, A2 \ 0\ \3 • denotes iron monument found Kequ O denotes iron pipe set arra,«s and marked as shown: orroaoosz Date: denotes soil boring O denotes percolation test hole I ` 6 I nr A, I 50 BIG WOODS Paul Eideness e: ec 1/9/06 1 D.N.A. I 1"=100' I P.E.O I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Paul E. Otto CITY OF CHANHASSEN RECEIVED JAN 1 1 2006 CHANHASSEN PLANNING DEPT Road Alignment Exhibit on part of Gov't Lot 8, Sec. 1, & Gov't Lot 6 of Sec. 12, all in T. 116, R. 23, Carver County, Minnesota Web Site: www.offoassociates.com --\ SSOCIATES Engineers and Land Surveyors, Inc. Revised: 9 West Division St. Buffalo,MN5S313 [Job No. Ph: (763)6824727 Fax:(763)682.3522-05-05 0 040 �y T A / / O / / ROAD / FEN / 1 50 '^ HILL / m4 FOx o\Zo \ e p I Q I GOA I I Ia CARVER \ a£.A--H nr o v` CRO:fTl C SS;, A2 \ 0\ \3 • denotes iron monument found Kequ O denotes iron pipe set arra,«s and marked as shown: orroaoosz Date: denotes soil boring O denotes percolation test hole I ` 6 I nr A, I 50 BIG WOODS Paul Eideness e: ec 1/9/06 1 D.N.A. I 1"=100' I P.E.O I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Paul E. Otto CITY OF CHANHASSEN RECEIVED JAN 1 1 2006 CHANHASSEN PLANNING DEPT Road Alignment Exhibit on part of Gov't Lot 8, Sec. 1, & Gov't Lot 6 of Sec. 12, all in T. 116, R. 23, Carver County, Minnesota Web Site: www.offoassociates.com --\ SSOCIATES Engineers and Land Surveyors, Inc. Revised: 9 West Division St. Buffalo,MN5S313 [Job No. Ph: (763)6824727 Fax:(763)682.3522-05-05 '8i7,S 0.1, Y2 Y Y[,I [�Z� ssous t ed f b$ - �•.IWK r P ABY e .a_G_. ;� ry�wM� � » �wSP ga�Y!/J R�1 Mr+•r4 rM1 e s N4 t s>�s sF tsn s .'+,'Tllri•,;'l �`:, ,lief � : t 9 1 N!a r• 9 tza i } fi ili;f�{tif; t} jilt ; if } • ,l ! } •ti, } rit E} {ii'ilii } lty= it r f ' ,tilt I ' i 1}+FflitittE}t i all fi;a,i1 { r ;}stili ttli; ti}{i�7iiFiiiFi Hit lee- ! e t- /i l li,y' �tllliA iiuii:,l ,; ; t:,, � [ tijs l f kill it ilitfill lir {'`111Ej t ' �j'ri'l i � i{ }i •E ,i �Itltjjii i F�.i !•' ;� �'� ��-,, - -- - - } !f P{ E{�{l�siftil;Ei i !ti{:!i'➢} \! t•lt c`3 ' 1 3i}jiial;{i}' lit Cicc) { y ... t}Ili; }t.,.t;•i 1�'` \ ;-� �; +-+.+ ; � _:..._ { ► uj(!.i�:f�}:{ l"i,°iii flit,!;}. } ,•t iF,jt '"l 3 SSE, it i ltHi.t llitl ?\,\, `. 1�� ;; ti °} -) �°tlFEtEtt}3t { •hlFEj l 14.; �__ - __ " - __ [eE a jj`' :l};!l�if i•1 i • F:va' i ,' t• , } of fiti ,i}iii ft{ ,it ` _{} 't �\ :5 1 j It{� fii:{ jEj{! _ -" i- - •- }ttttilEi{t.,i ltttiii= =#?11L:11:istiti ' �i;i11 :lill :1tj{ s . '"'" a �2'-, •�*-' !� �a .{ i; {F�;t'!i�elj�a � s";•ltj:,; } ,{ WHIT ; [fI 11111F} CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 01/04/2006 4:11:18 PM Receipt No. 0000229 CLERK: danielle PAYEE: Paul T. Eidsness & Associates 630 Carver Beach Road Chanhassen MN 55317 06-02 Eidsness ------------------------------------------------------- Use & Variance 500.00 Sign Rent 75.00 Recording Fees 500.00 Sign Escrow 100.00 Total Cash Check 9281 Credit Cd Change 1,175.00 0.00 625.00 550.00 0.00 SCANNED paul t. eidsness & associates, p.a. WELLS FARGO BANK 9281 630 carver beach rdMINNESOTA NA Chdnha55en, MN 55317 BLOOMINGTON, MN 55437-2298 (612) 889-5764 17-1M0 11312005 PAY TOTHE ORDER OF _ City of Chanhassen Six Hundred Twenty -Five and 00/100******************4***s DOLLARS e City of Chanhassen 9 --- MEMO II.009 28 LII' o:0910000 191:86489 2359011' CIT ' CHANHAS'=EN ' i?�r�6iC? W iifl•�d'i� 881 — - 17.!53 -:;- E IMJ 1:889881 2 9M ki: M18 g01_!t,T $550.00 APPISCRIED PAUL i i10SNESS 1p FW WE Ick WE nn.. __ ..I.hR• �1St�4T}� SCANNED Administration December 8, 2005 CITY OF CIIANIIASSEN Mr. Paul E. Otto Building Inspections Otto Associates 7700 Market Boulevard 9 West Division Street PO Box 141 Buffalo, MN 55313 Chanhassen, MN 55317 review. The City Code allows metes and bounds subdivision if resulting lots meet the Administration Re: Eidsness Certificate of Survey Phone: 952.227.1100 Fac 952227.1110 Dear Mr. Otto: Building Inspections Phone: 952.227.1180 Staff has reviewed the documents which were submitted for the above -referenced project. Fax. 952.227.1190 Based on this review, the submittal is incomplete and cannot be scheduled for public Engineering review. The City Code allows metes and bounds subdivision if resulting lots meet the Phone: 952.227.1160 minimum requirements of the zoning ordinance and abut a street. The resulting Lot A Fac 952.227.1170 will not front on a street. In order for the City to accept it as a public street, it will have Finance to be improved (i.e. constructed in conjunction with the metes and bounds split). In order Phone: 952.227.1140 for the city to review the public street, we will require construction plans. These plans Fax: 952 227.1110 shall include grading, drainage area plans, drainage calculation, utilities, contours for the Park & Recreation existing site and surrounding properties, existing structures, tree survey, site coverage Phone: 952.227.1120 calculations, building setbacks, bluffs, wetlands, etc. You also need to submit an Fax: 952.2271110 application with fees. Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Once you have submitted the required information, we will schedule this item for y � City Fax: 952.2271404 Council review; meanwhile, I am returning the plans. If you have any questions or need additional information, please contact me at (952) 227-1134. Planning 8 Natural Resources Phone: 952 227,1130 Sincerely, Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Shatmeen A]-Jaff Fax 952.227.1310 Senior Planner Senior Center Phone: 952.227.1125 Enclosures Fax: 952.227.1110 gxplanx2005 planning casesxeidsnessxincomple[e letter.doc Web Site www.ci.chaohassen.mn.us - The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. TTO SSOCIATES Engineers and Land Surveyors, Inc. CITY OF RECEIVED SSEN JAN 0 5 2006 CHANHASSEN PLANNING DEPT Transmittal To: City of Chanhassen Date: 1/5/2006 Attn: Sharmeen AI-Jaff Project: Eidsness 7700 Market Blvd - PO Box 147 Chanhassen MN 55317 Location: Lotus Lake Project No: 1-05-0599 We are sending to you: X Attached _ Separately X By Messenger _ By Fax _ By Mail Shop Drawings _ Specifications _ Contracts _ Reports X Prints _ Correspondence Number Documents Copies Number Date Description: 12 Certificate of survey _ No exceptions taken For your use _ For your information _ Rejected _ For your approval X For your review _ Revised and resubmitted _ For your distribution _ As you requested _ Note Markings _ For your processing Remarks: Here are the plans as we discussed. Please let me know of any comments or questions. Thank you. CC: Ron Karon - 2 copies (US Mail) BY: Paul E. Otto John Rice - 2 copies (US Mail) paul®ottoassociates.com Web Site: www.ottoassociates.com 9 WEST DIVISION STREET - BUFFALO, MINN 55313 - (763) 682-4727 - FAX (763) 682-3522 SCANNED RECEIPT 0 CITY OF 7700 MARKET BLVD. • PO. BOX 147 SCANNED CHMNSEN^PHONE: (952) 227-110017 No. 78258 RECEIVED OF kWl T b dcfys�,� DATE I- Asgoc-tcL-ks DESCRIPTION PERMILIC. AMOUNT FUND SOURCE OBJ. PROD. 3wGO — v_ J���� TOTAL AMOUNT 2L,,� CHECK CASH ❑ DEPUTVTREASURER CU.� 11111 (025d--) I *-155e, Administration December 28, 2005 CITY OF Fax: 952.227.1110 John Rice, Attorney at Law CHANIIASSEN 525 West 780' Street 7700 Markel Boulevard Suite 201 PB Box 147 Chanhassen, MN 55317 Chanhassen, MN 55317 review. There are no plans (attached to the application). Administration Re: Eidsness Certificate of Survey Phone: 952.227.1100 Fax: 952.227.1110 Dear Mr. Rice: Building Inspections Phone: 952.227.1180 Staff has reviewed the documents which were submitted for the above -referenced project. Fax. 952.227.1190 Based on this review, the submittal is incomplete and cannot be scheduled for public Engineering review. There are no plans (attached to the application). Phone: 952127.1160 Fax 952.227.1170 Also, please find attached a letter sent to Mr. Paul Otto with Otto and Associates Finance Engineers and Land Surveyors, Inc. dated December 8, 2005. Phone: 952.227.1140 Fax: 952.227.1110 Once you have submitted the required information, we will schedule this item for City Park & Recreation Council review; meanwhile, I am returning the letter, application, and check. If you Phone: 952.227.1120 have any questions or need additional information, please contact me at (952) 227-1134. Fax 952.227.1110 Recreation Center Sincerely, 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning a Sharmeen Al-Jaff Natural Resources Phone: 952227.1130 Senior Planner Fax: 952.227.1110 Enclosures Public works 1591 Park Road gAplan\2005 planning cases\eidsness\incomplete letter rice.doc Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 9552227.1125 Fax 952.227.1110 Web Site wwv.d.chanhassen.mn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. 525 West 78th Street - Suite 201 Chanhassen, Minnesota Mailing Address: P.O. Box 1180 CHANHASSEN MN 55317-1180 Rice Law Firm, Chartered Attorneys at Law December 16, 2005 The City Council of the City of Chanhassen and Its Honorable Members 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Re: Request for City Council Approval of Metes and Bounds Subdivision Greetings: JOHN D. RICE Tel. (952) 949-9616 Fax: (952) 949-9589 Email: jdricelawchan@qwest.net CITY OF CHANHASSraN RECEIVED DEC 1 6 2005 CHANHASSEN PLANNING Mn Owners: Paul T. Eidsness and Andrea S. Eidsness, husband and wife Address of Property: 630 Carver Beach Road Chanhassen, Minnesota 55317 This office represents Paul T. Eidsness and Andrea S. Eidsness, owners and applicants, regarding this request for a City Council approved metes and bounds subdivision of a lot into two lots, pursuant to Ordinance Section 18-37 "Exemption". The Property is known by the address of 630 Carver Beach Road in Chanhassen, Minnesota. The subject property is owned by Paul T. Eidsness and Andrea S. Eidsness. The subject property is located in a Residential -Single Family zone. The following documents and drawings are a part of this Application. A. Copies of Surveys [Certificate of Description "Before" and Certificate of Description "After"] by Otto and Associates Engineers and Land Surveyors, Inc.. These provide Survey drawing of the Eidsness lot, the Lang lot, and the access driveway to Carver Beach Road, and the descriptions for each and for the resulting lots. Thse two documents will be submitted to you directly by Otto and Associates in acceptable and required format. 2 B. Development Review Application [enclosed]. C. Check in the amount of $625.00 payable to the City of Chanhasse in payment of the required fees for the review of the Application [enclosed]. Mr. and Mrs. Eidsness request City Council Approval of a Metes and Bounds Subdivision of the Eidsness property, in accordance with the Otto Survey Certificates, according to the terms of Ordinance Section 18-37 "Exemption". Mr. and Mrs. Eidsness will post the property with notice of the Council Hearing in timely manner as required. I understand that the City will send out the appropriate notices to the property owners within 500 feet of the boundaries of the Eidsness property. In view of the simplicity of the request, and as contemplated by the express language of Section 18-37 (b) (3), presumably "all information required for plats" will be waived, and Mr. and Mrs. Eidsness so request. The need for this Application and its approval arises from the fact that the easterly parcel of the Eidsness Property has been sold. Closing is dependent upon the subdivision of the Property, pursuant to City ordinance, and thereby securing legal creation of a new legal description and a tax identification number for the parcel. The Closing is on hold pending such approval. Mr. and Mrs. Eidsness desire to complete the transaction; the buyers desire to complete the transaction. A residential development proposal regarding the land lying between Big Woods on Lotus Lake on the south and Carver Beach on the north has been discussed. Granting this requested subdivision will have no impact, positive or negative, on the merits or quality of any residential development of that property. Denying the Application would preclude closing of the existing purchase agreement for the sale of the easterly parcel. Granting the Request enables the pending transaction to close. The need to and the opportunity to close the pending sale causes Mr. and Mrs. Eidsness to seek a prompt resolution of this request. Any consideration in that regard would be very much appreciated. 3 Therefore Mr. and Mrs. Eidsness request that the matter be scheduled for hearing and decision by the Council at its regularly Scheduled meeting to be held on January 9, 2006. If further information or documentation is required, please let me hear from you. Of course, Mr. and Mrs. Eidsness, Paul Otto, and I would be available to meet City officials regarding the Application to facilitate its review and anticipated approval. Yours very truly, Rice Law F' Chartered , n D. Rice /s Submitted with Ten Copies. enclosures cc: Mr. Todd Gerhardt, City Manager Roger Knutson, Esquire Mr. Paul Otto Mr. and Mrs. Paul Eidsness Name CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION MAI t5cy--5j At .. ! -Rice- Phone:q5j_q4q_ . , it, Fax:q5,2-cjaq_q_5 . _.F.7 .. i Planning Case No. r Name and Address: Contact: Phone: Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development pians Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review* _ Subdivision* I$ -3'1 E-xemp+ion Temporary Sates Permit Vacation of Right-of-Way/Easements Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign** - $75 + $100 Damage Deposit X Escrow for Filing Fees/Attorney Cost*** - $50 CUP/SPR/VAC/VAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ Iv25. nn An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. ***Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECTNAME: LiClsne5< Meer—"CtnJ Bo,jnc15 �Lh�iJi5inn LOCATION: LEGAL DESCRIPTION: See- Q 4rit-heti 5 h ee-+- TOTAL ACREAGE: WETLANDS PRESENT: YES X_ NO PRESENT ZONING: S i na le Family ReS ide-n+el l REQUESTED ZONING: 1)0+ Ll j)p l i c h le PRESENT LAND USE DESIGNATION: no+ ctnn l i CC.tble REQUESTED LAND USE DESIGNATION: Y)nt Llpph ra h I REASON FOR REQUEST: 15epara4iign -F Im Ys e-: nj bpi, nil PSe":ri bnJ ki)+ !A4 -n +U)o Sepnrare lugs This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant Date - = Sao s/ y Signature of Fee Owner Date GAplanVonns0evelopmenl Review Applic !Jon.DOC Rev. 11/05 Paul t. eidsness & associates, p.a. 630 carver beach rd Chanhassen, MN 55317 (612)889-5764 PAY TOTHE ORDER OF City of Chanhassen Six Hundred Twenty -Five and 00/100******* City of Chanhassen WELLS FARGO BANK 9281 MINNESOTA NA BLOOMINGTON, MN 55437-2298 17-1/910 12/3/2005 $*625.00 DOLLARS e, 11.009 28 111' 1:09 10000191:86489 2359011' GRANT OF TEMPORARY AND PERMANENT EASEMENTS PAUL. T. EIDSNESS and ANDREA S. EIDSNESS, husband and wife, "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, a temporary construction easement over, on, across, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ("Temporary Easement Premises"). TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, servants and assigns, commencing upon execution of this document and expiring 90 days after the date of acceptance by the City of Chanhassen of the completion of the contemplated roadway, sewer, water, curb, gutter and utility installation within the Permanent Easement Premises, hereinafter described, together with the right of ingress to and egress from the temporary easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns. Grantors hereby grant the uses herein specified without divesting themselves of the right to use and enjoy the above described Temporary Easement Premises, subject only to the right of the City to use the same for the purposes herein expressed. The City, its agents and assigns, will restore the Temporary 123023.03 Easement Premises to a condition as nearly equal as possible to that which existed prior to construction or maintenance authorized hereunder within a reasonable time after completion of that construction. It is agreed, however, that trees, shrubs, and other plants will not be replaced and that the City will not be responsible for payment of damages resulting from the removal of or damage to trees, shrubs and other plants. FURTHERMORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantors do hereby grant unto the City, its successors and assigns, forever, a permanent easement for public roadway, drainage and utility purposes over, across, on, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ("Permanent Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway, drainage and utility systems over, across, on, under, and through the Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway, drainage and utility easements. Upon any dedication in a plat that includes the property burdened by the Permanent Easement Premises to the public for public roadway purposes, this Grant of Easements shall cease to be carried as a memorial on the Certificate of Title for the parcel burdened by the easement. The above named Grantors, for themselves, their heirs and assigns, do covenant with the 123023.03 2 City, its successors and assigns, that they are well seized in fee title of the above described Permanent and Temporary Easement Premises; that they have the sole right to grant and convey the easements to the City; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this day of 2006. GRANTORS: Paul T. Eidsness Andrea S. Eidsness 123023.03 3 STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _ day of 2006, by Paul T. Eidsness and Andrea S. Eidsness, husband and wife, Grantors. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh 123023.03 4 EXHIBIT "A" TO GRANT OF TEMPORARY AND PERMANENT EASEMENTS A permanent easement for public roadway, drainage and utility purposes over, under and across Together with a temporary easement over, under and across the 123023.03 ... < i� m £ V1 N Y i Concept Concept Plan Requested By: L_l%LL.l/53 • denotes iron monument found p denotes iron pipe set on part of Government Lot 8, Karon Real Estate Group and marked as shown: orro,00sz Section 1, Township 116, Range 23, Carver County, Minnesota Date: Drawn By: Scale: Checked By: 9 denotes soil boring It — , O denotes percolation test hole 5-23-05 B.A.I. 1- 50 P.E.C. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Area = 8.7f Acres Note: Topography by Carlson h Carlson Ina Web Site: www.ottoassociates.com Surveyor under the laws of the state of Minnesota. 9 West Division St. Paul E. Otto Date: Buffalo, NN 55313 )SSOCfA'TESo Ph. (763)682.4727 Fax: (763)682-3522 License # 40062 Engineers and Land Surveyors, Inc. Revised: Job No. 2-05-0190 \ 215 �L \ 108 G�Area = 19965 S F. ao / —_ SQ — � exi \9S 193 —.gk6 Area 18Q28 S.F. —944 ArC \,10, _ 942— \ \ 20 — 940 171 20 — — L. • denotes iron monument found p denotes iron pipe set 6=0=2 3 and marked as shown: denotes soil boring O denotes percolation test hole Concept Plan Concept _ ,Plan Area = 8.7f Acres 1 �� � /l� l /) V V l/ l/ l.� �� l/ 1 I L_ l/ L t.1 �� L_ L4 i ,' Ci \ p Note: Topography by Carlson 3 Carlson Inc. on part of Government Lot 8, Karon Real Estate Group Section 1, Township 116, Range 23, Carver County, Minnesota Date: Drawn By: scale: Checked By: 5-23-05 1 1 " = 50' P.E.O. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Paul E. Otto Date: Web Site. www.ottoassociates.com 7�w` SS06ATES License # 40062 Engineers and Land Surveyors, Inc. 9 West Division St. Buffalo, MN 55313 Ph: (763)682.4727 Fax: (763)682-3522 Revised: Job No. 2-05-0190 Concept ..Plan 11 IA/ , Concept Plan Requested By: L_ i � «I 53 L _ a • denotes iron monument found p denotes iron pipe set orro,a3as on part of Government Lot 8, Karon Real Estate Group and marked as shown: orrosoosz Section 1, Township 116, Range 23, Carver County, Minnesota Date: Drawn By: Scale: Checked By: denotes soil boring � �� — � O denotes percolation test hole 5-23-05 B.A.I. 1 - 50 P. E.O. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Area = 8.7f Acres Note: Topography by Carlson & Carlson Ina Web Site. www.ottoassociates.com Surveyor under the laws of the State of Minnesota. �O 9 West Division St. Paul E. Otto Date: Buffalo, MN 55313 )0(SS0d?A'TES Ph. (763)6824727 Fax. (763)682-3522 License # 40062 1 Engineers and Land Surveyors, Inc. Revised: No. 2-05-0190 • denotes iron monument found p denotes iron pipe set 477014343 and marked as shown: orro400sz denotes soil boring O denotes percolation test hole Concept Plan /* -Y Concept _ ..Plan ,r. VV �iii�� i'� -kI I�� t "-3l'i-' on part of Government Lot 8, Karon Real Estate Group Section 1, Township 116, Range 23, Carver County, Minnesota Date: Drawn By:Scale: Checked By: 5-23-05 1 B.A. 1.7 1 " = 50' 1 P. E. O. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Paul E. Otto Area = 8.7f Acres Note: Topography by Carlson 3 Carlson Inc. Web Site: www.ottoassociates.com ` SS06ATES License # 40062 Engineers and Land Surveyors, Inc. 9 West Division St. Buffalo, MN 55313 Ph: (763)682.4727 Fax: (763)682-3522 Revised: Job No. 2-05-0190 f� pAD) R - � /. A 1`v ter` v r` h 40 \ VIII Drlye \mG \ °8eterlln°ern R°xQd) % \ \ o �2O17 f\ / I \ ' \/ / \ \ Benchmark �•..\ �: \ \ " £lav -942.96 �.. (N.G. V.D. 1929)' \ 1 \ x� \ r � N O N \ I S. line of Gov't Lot 8 ^ \ \ 1 Sec. 1, T. 116, R. o \ 2.. 1 N89V329"W .1 T N. line of Sec. 12-"\ _ Carver County Monument at the SW corner of Sec. 1 Q 3 \ \7 U V 2 \ d ex. Qro1•C!-'a/.fir - PROPOSED PROPERTY DESCRIP77ON PARCEL A -954.68 ex. 6 1 956. 4� J Certificate of Survey \ 1927\ \ l 952.63 7 \grass &\ ' 949.47 I \\ 1� 4ressg\Wsemen l per Doc.\No. 7273 'V89'J12� W 9501d \ 530.06 _ �� / N89V�i29'W 916&93 moos \ "-950, 50.00� .948-- �- -944-, �.�.� �-- 5J611 -.22-5F._ —942— �w� _" 1'.x.3 AC)) 2_57 � %. —940 � - 4g4.70 p 'rock r 30 20 That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point In the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the Intersection of the center lines of Fern Rood and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plot thereof, on We and of record in the office of the Registrar of T7t1es In and for sold County and State of Minnesota. and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus /n and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence In a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when sold course Is projected Easterly, thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, some being registered land as evidence by Certificate of title No. 1726, Carver County, State of Minnesota. That Iles Easterly of a line, described as follows: Commencing at a point /n the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plot thereof, on Me and of record In the office of the Registrar of Tit/es In and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of sold Section 12, a distance of 530.06 feet to the point of beginning of sold line to be described, • thence South 03 degrees 01 minutes 32 seconds to a point 100.00 feet at right angles from the South Line of sold Section 1, and said line there terminating. ex. bit. AREA 15 R — reet 3.4X & Utility eorment _ •� .. �• �� 942 - r L\' 50..._... 940.89 • 941.2 I �'•` EX/S77NG RETAINING WALL 383 Sr. 0.9X N i A t6 WOODS 0 /1 / lT/ /1 T A VV/L. l/l n — \..:, ex. surmo ntoble & gutter IA//1/1n I /1AI L.11.7 I vvlJl/LI I l./IV I I I I I I I I I I � I PROPOSED PROPERTY DESCRIP77ON PARCEL B: Out/ot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the recorded plat thereof. AND That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point In the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the Intersection of the center lines of Fern Rood and Lokevfew Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plot thereof, on file and of record In the office of the Registrar of Titles In and for sold County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus In and along the d/vfslon line between Section 1 and 23 of Carver County to the high water mark of Long Loke; thence In a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course /s projected Easterly, thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, some being registered land as evidence by Certificate of title No. 1726, Carver County, State of Minnesota. That Iles Westerly of a line described as follows: Commencing at a point In the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the Intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on Me and of record In the office of the Registrar of Titles in and for said County and State of Minnesota,* and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of sold Section 12, a distance of 530.06 feet to the point of beginning of sold line to be described,- thence South 03 degrees 01 minutes 32 seconds to a point 100.00 feet at right angles from the South Line of sold Section 1, and sold line there terminating. 111 L I \ o 0 l � • 927.12 house x 92742 • 925.0 Cons cton �y(ne of Sea 1, Karver County Monument im�t \ \ \ \ \ T. 71� R` 23 \ j-}•�.. �\ \ % at meander comer on section line XJ 38674 1 11 \ N. line of I '�2813/ I \ \ \ 1 I I \ � I ` IrLATO , re� walls I - \\\` -q T ��\\ / \ garage \ I I I I \ �rntt\ 4 id, SF \ House j rock I � 3q��0 1 to OH 1� I Iref-�voYls I I I cnG \ 16.71 �ee \ — �714 ` Ij ...:�c\-b!(�.,`y1 `° °0a� 906400: I /1 7"I Ir - L_ V I L _/-I f\ L_ / I PROPOSED STREET AND U77LITY EASEMENT DESCRIPT70N: An easement for street and utility purposes over, under, and across the East 50.00 feet of the following described propurty. That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesoto, described as follows. Beginning at a point In the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the Intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record /n the office of the Registrar of Titles in and for sold County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence In a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when sold course Is projected Easterly, thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of title No. 1726, Carver County, State of Minnesota. That Iles Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the Intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plot thereof, on file and of record it the office of the Registrar of Titles In and for sold County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of sold line to be described; thence South 03 degrees 01 minutes 32 seconds to a point 100.00 feet at right angles from the South Line of sold Section 1, and sold line there terminating. TOTAL AREA = 94833.22 S.F. (2.18 AC.) HARDCOVER CALCULATIONS. PARCEL A STRUCTURE AREA PERCENT HARDCOVER EX/S77NG GARAGES 1391 SF, 3.4X EXIST7NG HOUSE/DECK 1840 S.F. 4,5X £X/S77NG GRAVEL 4469 S.F. 1018X EX/S77NG RETAINING WALL 383 Sr. 0.9X TOTAL HARDCOVER AREA = 8083 SF, TOTAL HARDCOVER (TO OHWL) = 19.6X PARCEL 8 STRUCTURE AREA PERCENT HARDCOVER EXIS77NG BITUMINOUS 3906 S.F. 7.1X EX/S77NG GRAVEL 744 S.F. 1.4% EXISTING RETAINING WALL 426 SF. 0.8X TOTAL HARDCOVER AREA - 4684 S.F. TOTAL HARDCOVER - 9.3X PROPOSED CONSTRUC770M EASEMENT DESCRIPTION. An easement for construction purposes over, under and across the West 20.00 feet of the following described property. That part of Government Lot 6, Section 12, Township 116, Range 23 Carver County, Minnesoto, described as follows; Beginning at a point In the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the Intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Mop of Carver Beach, at Long Lake, according to the plat thereof, on Me and of record in the office of the Registrar of 77ties In and for sold County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus In and along the div'slon line between Section 1 and 23 of Carver County to the high water mark of Long Lake, thence In a Southeasterly direction along the high water mark of Long Lake 115 'eet plus or minus to a point 100 feet at right angles to the first course when sold course Is projected Easterly, thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degree: 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, some being registered land as evidence by Certlficate of title No. 1726, Carver County, State of Minnesota. That Iles Easterly of a line, described as follows: Commencing at a point in the center fine of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the Intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Mop of Carver Beach, at Long Lake, according to the plat thereof on f7le and of record in the office of the Registrar of 77tles In and for sold County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of sold Section 12, a distance of 530.06 feet to the point of beginning of sold line to be described; thence South 03 degrees 01 minutes 32 seconds to a point 100.00 feet at right angles from the South Line of said Section 1, and sold line there terminating. EASEMENT OF RECORD: (Doc. No. 728873) An easement for roadway purposes, Iyfng 6 feet on either side of the hereinafter described line, sold line being described as follows: Commencing at the Intersection of the South line of Section 1, Township 116, Range 23, and the centerline of Lakeview Drive as shown on the plot of CARVER BEACH; thence running South 89 degrees 31 minutes 29 seconds East along sold Section line a distance of 500 feet and there terminating. CIN OFCHANHASSEN RECEIVED .I8 -N 0 5 2006 CHANHASSEN PLANNING DEPT O denotes power pole 0 denotes light pole rn rn LO 0 1 i oU-) Z o uyC-3nN eIJ MSC, y a CaC" 00 3emit a, X 3�o c�m4 ti O0 to it Q y h e aUll `m N Ev CL o > ° g ° -D o- ca: t 7 � �'41J� U V) i o0 Q) CL 0tea ° «' a 3 iD ,. r( L O UAL 01 - °>. v� �`EE°f >," "0 -0 T _ n0. (n V) M I 0 a� m O W � 0 v U V) 1.J N m z � V 0 Q) E M I 0 a� m r' o � 0 v Q> 00 o O p N c Q) E �3 O O pi C O p � O O U O •L 0 U U Q (3 � Ci 0) L , U o N c Q) E �3 O O pi C C L C O O a N •L :Z E 'ao O 0 0 0.OY 0 a. rn U) o E °' Q)O S O OO IZ Q) C C: Q) C v Q) -00 0 0 e A /ERNi Ali — ,, n %V ter` Ao \ III d) Drive —•..� / pRNE/ — � ' �mL ce^terlinpeof Fox m RO°d) cA%OX i( Benchmark �..•\.•_ I, \ V Elev — .•• \ ev-942.96 i' •• (N. G. V.D. 1929) i r � N an \ \ \ J d 3 S. line of Gov't Lot Sec. 1, T. 116, R. �� \' \ 2.1 C o � _ io 1io i i N89V329'W N. line of Sec. 12 -' \ 1 --Carver County Monument at the SW corner of Sec. 1 \ w � \ V \2, ex. grav5;%y1 PROPOSED PROPERTY DESCRIP77ON PARCEL A: Certificate of Survey • 954.68,,N-^�-^^'..n.�,..r: vT''-".. �. ,.. ~ ex~ ex. bit6 \ .9 27\ ,,YY„yr•r�— 0h 956.4 " 952.63 �� ��a, 7 Ingress dr\ 949.47 I gess*semen \ ; per Doc.\\/ No. 1273 IVB9'312'W 9503 Peed S .. \ 530.06 _ �� / N890yi79W 91693 meas _ /•-950, _ 5W.0D� \\ _/ — 846, T —944, —�� ��' _ 53SN:22�F. _ — 94."— ZIP �7: i3 _ 82 x32_57 - 940 -� -� -'- _ • _" �` 494.70 928 30 20 That part of Government Lot 6, Section 12, Township 116, Range 2J Carver County, Minnesota, described as follows: Beginning at a point In the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the Intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record /n the office of the Registrar of Titles /n and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus In and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence In a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when sold course /s projected Easterly, thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, some being registered land as evidence by Certificate of title No. 1726, Carver County, State of Minnesota. That ties Easterly of a line, described as follows., Commencing at a point In the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the Intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plot thereof, on file and of record /n the office of the Registrar of Rt/es In and for sold County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of sold line to be described,- thence South 03 degrees 01 minutes 32 seconds to a point 100.00 feet at right angles from the South Line of sold Section 1, and sold line there terminating. M .•11 1T11 )T A U I L. L/l r1 /'1 I Irlr"1 r A V V I L. U l fir^ greet dr Utility easement ._.',?�...�••I`� � 50 940.89 -941.23 50. iq ex. surmountable k gutter VV L/L/L Iv I PROPOSED PROPERTY DESCRIP71ON PARCEL B: Outlot A, BIG MOODS ON LOTUS LAKE, Carver County, Minnesota, according to the recorded plat thereof. AND That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point In the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the Intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles In and for said County and State of Mlnnesoto; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus In and along the dlvlslon line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence In a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when sold course Is projected Easterly, thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, some being registered land as evidence by Certificate of title No. 1726, Carver County, State of Minnesota. That Iles Westerly of a line described as follows. Commencing at a point In the center line of Lakeview Drive, distant 243518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the Intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Mop of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of sold Sect/on 12, a distance of 530.06 feet to the point of beginning of sold line to be described, • thence South 03 degrees 01 minutes 32 seconds to a point 100.00 feet at right angles from the South Line of sold Section 1, and sold line there terminating. G ` 4 •O a(\ \ x 927.7Vhouse wQ\ .927.42 -925.0 \ \ 1 \ A 95 e 9 `fl 201 ns iw of on a of Sea\ 1, i1I R 23 \ garage 0, j I� °^o\(1/ 5 garage '` _'S t_L ' rn N 1line o/ �S 18% ret -walls �C ` \\\ -4 \ house I I I I I I \II l4 56S4 - SF / j rock 1 1Zi2 t0OH 16.7f%'Ire 89273'24"W 0 b � mo,a' l A L_V I V / L_/-I/�L_ / I PROPOSED STREET AND 1177LITY EASEMENT DESCRIP770N An easement for street and utility purposes over, under, and across the East 50.00 feet of the following described property. That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point In the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the Intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Mop of Carver Beach, at Long Lake, according to the plat thereof, on file and of record In the office of the Registrar of Titles In and for sold County and State of Minnesota, and running from thence South 89 degrees 31 minutes 29 seconds fast 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence In a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the flrst course when sold course Is projected Easterly, thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government lot No. 6, Section 12, Township 116, Range 23, some being registered land as evidence by Certificate of title No. 1726, Carver County, State of Minnesota. That Iles Westerly of a line described as follows: Commencing at a point In the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Mop of Carver Beach, at Long Lake, according to the plat thereof, on file and of record In the office of the Registrar of Titles In and for sold County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of sold Section 12, a distance of 530.06 feet to the point of beginning of sold line to be described; thence South 03 degrees 01 minutes 32 seconds to a point 100.00 feet at right angles from the South Line of sold Section 1, and sold line there terminating. Carver County Monument at meander comer on section line OHWL 61 TOTAL AREA = 94833.22 S.F. (2.18 AC.) HARDCOVER CALCULA BONS• PARCEL A STRUCTURE AREA PERCENT HARDCOVER EXISTING GARAGES 1391 SF, 3.4X EX/S77NG HOUSEAECK 1840 S.F. 4.5X EXISTING GRAVEL 4469 S.F. 10.8% EX/S77NG RETAINING WALL 383 SF. 0.9X TOTAL HARDCOVER AREA - 8083 S.F. TOTAL HARDCOVER (TO OHWL) = 19.6X =Iys]aw] STRUCTURE AREA PERCENT HARDCOVER EXIS77NG B17UMINOUS 3906 S.F'. 7. iX £XIS77NG GRAVEL 744 S.F. 1.4X EXISTING RETAINING WALL 426 S.F. 0.8X TOTAL HARDCOVER AREA - 4664 S.F. TOTAL HARDCOVER - 9.3X PROPOSED CONS7RUC77ON EASEMENT DESCR;P77ON.• An easement for construction purposes over, under and across the West 20.00 feet of the following described property. That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows., Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the Intersection of the center lines of Fern Rood and Lakeview Drive, as designated and delineated on the Mop of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the riegistror of Titles In and for sold County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the dlvsion line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence In a Southeasterly direction along the high water mark of long Lake 115 Ibet plus or minus to a point 100 feet at right angles to the first course when sold cocurse Is projected Easterly, thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive, thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of 3ovemment Lot No. 6, Section 12, Township 116, Range 23, some being registered land as evidence by Certificate of title No. 1726, Carver County, State of Minnesota. That Iles Easterly of a line, described as fo/ows: Commencing at a point In the center lire of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconde East, from the point formed by the intersection of the center lines of Fern ;7ood and Lakeview Drive, as designated and delineated on the Mop of Carver Beach, at Long Lake, according to the plat thereof, on file and of record In the office of the Reglstror of Titles In and for sold County and State of Minnesota; and running from thence >"outh 89 degrees 31 minutes 29 seconds East along the North line of sold Section 12, a distance of 530.06 feet to the point of beginning of sold line to be described,- thence South 03 degrees 01 minutes 32 seconds to a point 100.00 feet at right angles from the South Line of sold Section 1, and sold line there terminating. EASEMENT OF RECORD. (Doc. No. T28873) An easement for roadway purposes, lying 6 feet on either side of the hereinafter described line, sold line being described as follows: Commencing at the Intersection of the South line of Section 1, Township 116, Range 23, and the centerline of Lakeview Drive as shorn on the plat of CARVER BEACH; thence running South 89 degrees 31 minutes 29 se:onds East along sold Section Ilne a distance of 500 feet and there terminating. E� 0 g �v a� v p'Z v° o yam a1au1V' a U U O a C 4)wE �c �E�s p 0� 0 0 0 Q) a y 4)c�. Z+ r v v v _ a`vtt'nin U�/) r rn � �/) al rn 00 L0 o c 0 U) U N o L0 CHANHASSEN PLANNING DEPT 00 Z o >� Q) 0 o a N y C� CU 3 o vs m o'er. E 4 O o o Q o N U cij C V � L U Q y C s (n C C O :•l O E Q •ao O 12 � o e C 0 W N N E� 0 g �v a� v p'Z v° o yam a1au1V' a U U O a C 4)wE �c �E�s p 0� 0 0 0 Q) a y 4)c�. Z+ r v v v _ a`vtt'nin U�/) r N � �/) al O 00 Cp o c � U) U N CHANHASSEN PLANNING DEPT 00 d a � • Nwm W Q) i o a N in C CU N CL E N 3 M I C) a1 r N al O 00 ami o K � CITY OF CHANHASSE'- O p JAN 0 5 2006 CHANHASSEN PLANNING DEPT 00 d a � N Q) i o C N C N E N 3 O Q) U o Q o N U cij C V � L U CITY OF CHANHASSE'- RECEIVED JAN 0 5 2006 CHANHASSEN PLANNING DEPT 00 d a � .L N C N E N 3 CI) O Cn C C s (n C C O :•l O E Q •ao O 0 � o C O C 0 O N ° O denotes power pole0 O O C3 denotes light pole C 0 C.0 N N N 'D O C -00 4 D 0 0 e • denotes iron monument found denotes iron pipe set orro,a3a3 and marked as shown: ono-aoosz denotes soil borir'g O denotes percolation test hole "``Concept s Ca -� 1 an WOODS Concept Plan Requested By: N ,lan � � 1 II � �.tl.:-gin r-�•. �� ..��', � `'` � !lIJJJ"...,�._.r )7-5 \ \ 1Altll _ 295 S.F. ., lf.,` reo = 8.7t Acres \ � �\ � .� � �,� r l on part of Government Lot 8, Karon Real Estate Group Section 1, Township 116, Range 23, Carver County, Minnesota Date: Drawn By: Scale: Checked By: 5-23-05 1 B.A. I. 1 1" - 50' 1 P. E. O. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land S d the laws of the \. Lotus Note: Topography by Carlson & Carlson Inc. RBVISprh Web Site: www.ottoassociates.com urveyoun er v State off Minnesota. 9 Wast Division St. Paul E. Otto Date: TT Buffalo, MN 55313 SSOCIATES Ph: (7'63)6824727 Fax. (763)682.3522 License # 40062 Engineers and Land Surveyors, Inc. Job No. 2-05-0190 \1 KJ \ � � Area = 19.965 S.F. existing---dri 193 mrn 46 — \ / —946 1 Areo� 18W28 S.F. — \ \ -- 944 rem -196E 942 20 -- 940--- ........... 40 y 1 \ 97 \ /4 20 30 Concept / V V l/ l/ �A 53 1, _ � L L_ /-3 1- c. I Estate Group Scale: Checked By: I. 1 it = 50' 1 P. E. O. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Area = 8.7f Acres Note: Topography by Carlson do Carlson Inc. Web Site. www.ottoassociates.com Surveyor under the laws of the State of Minnesota. g West Division St. Paul E. Otto Date: Buffalo, MN 55313 )0<SS0dA'TESO Ph: (763)6824727 Fax. -(763)682.3522 License # 40062 Engineers and Land Surveyors, Inc. Revised: No. 2-05-0190 Concept Plan i\cyucaicu uy. • denotes denotes iron monument found iron setorro-,a3as on part of Government Lot 8, Karon Rea p pipe and marked as shown: orroaoosz Section 1, Township 116, Range 23, Date: Drawn By: � denotes soil boring Carver County, Minnesota O denotes percolation test hole 5-23-05 B.A. 1, _ � L L_ /-3 1- c. I Estate Group Scale: Checked By: I. 1 it = 50' 1 P. E. O. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Area = 8.7f Acres Note: Topography by Carlson do Carlson Inc. Web Site. www.ottoassociates.com Surveyor under the laws of the State of Minnesota. g West Division St. Paul E. Otto Date: Buffalo, MN 55313 )0<SS0dA'TESO Ph: (763)6824727 Fax. -(763)682.3522 License # 40062 Engineers and Land Surveyors, Inc. Revised: No. 2-05-0190 Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel j. jamnik Andrea McDowell Poehler Matthew K. Brokl' John F. Kelly Soren M. Mattick Henry A. Schaeffer, III Alina Schwartz Marguerite M. McCarron Gina M. Brandt • Also licensed in Wisconsin 1380 Corporate Center Curve Suite 317 • Fagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.cotn CAMPBELL KNUTSON Professional Association Direct Did. (651) 234-6222 E-mailAddress. snelson(ack-law.com March 28, 2006 Ms. Kim Meuwissen Chanhassen City Hall 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN - RECORDED Doctm>ENTs ➢ Eidsness LotSplit - Dear Kim: MAR ? 9 2006 CITY Of CH N" H,�� Enclosed please find the following documents which have been recorded with Carver County in connection with the above matter: 1) Notice of Land Combination for Zoning Purposes was recorded on February 15, 2006 as Torrens Document No. T157033. 2) Development Contract and Special Assessment Agreement was recorded on February 15, 2006 as Torrens Document No. 157034. 3) Grant of Temporary and Permanent Easements was recorded on February 15, 2006 as Torrens Document No. T157035. 4) Grant of Permanent Easement for Parcel A was recorded on February 15, 2006 as Torrens Document No. T157036. 5) Grant of Permanent Easement for Parcel B was recorded on February 15, 2006 as Torrens Document No. T157037. 6) Quit Claim Deed from Eidsness to Eidsness for the lakeshore parcel was recorded on February 15, 2006 as Torrens Document No. T157038. 7) Quit Claim Deed from Eidsness to Eidsness for the Carver Beach Road parcel was recorded on February 15, 2006 as Torrens Document No. T157039. 8) Declaration of Easement for Driveway and Access and Amendment of "Road Agreement' was recorded on February 15, 2006 as Torrens Document No. T157040. SRN:ms Enclosures Sharmeen AI-Jaff (letter only) Regards, CAMPBELL KNUTSON Professional Association i Si san R. Nelson, Legal kssistant Location Map Eidsness Lot Split Planning Case No. 06-02 City of Chanhassen Beach Meadow Green Park, Subject Property Lake 5064,14-1f i dsness' swu 1fur 5 or l l ' su�,rrn, �, ✓19 ht� GRANT OF TEMPORARY AND PERMANENT EASEMENTS PAUL T. EIDSNESS and ANDREA S. EIDSNESS, husband and wife, "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, a temporary construction easement over, on, across, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ("Temporary Easement Premises"). TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, servants and assigns, commencing upon execution of this document and expiring 90 days after the date of acceptance by the City of Chanhassen of the completion of the contemplated roadway, sewer, water, curb, gutter and utility installation within the Permanent Easement Premises, hereinafter described, together with the right of ingress to and egress from the temporary easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns. Grantors hereby grant the uses herein specified without divesting themselves of the right to use and enjoy the above described Temporary Easement Premises, subject only to the right of the City to use the same for the purposes herein expressed. The City, its agents and assigns, will restore the Temporary 123023.03 Easement Premises to a condition as nearly equal as possible to that which existed prior to construction or maintenance authorized hereunder within a reasonable time after completion of that construction. It is agreed, however, that trees, shrubs, and other plants will not be replaced and that the City will not be responsible for payment of damages resulting from the removal of or damage to trees, shrubs and other plants. FURTHERMORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantors do hereby grant unto the City, its successors and assigns, forever, a permanent easement for public roadway, drainage and utility purposes over, across, on, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ("Permanent Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway, drainage and utility systems over, across, on, under, and through the Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway, drainage and utility easements. Upon any dedication in a plat that includes the property burdened by the Permanent Easement Premises to the public for public roadway purposes, this Grant of Easements shall cease to be carried as a memorial on the Certificate of Title for the parcel burdened by the easement. The above named Grantors, for themselves, their heirs and assigns, do covenant with the 123023.03 2 City, its successors and assigns, that they are well seized in fee title of the above described Permanent and Temporary Easement Premises; that they have the sole right to grant and convey the easements to the City; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this day of 2006. GRANTORS: Paul T. Eidsness Andrea S. Eidsness 123023.03 STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2006, by Paul T. Eidsness and Andrea S. Eidsness, husband and wife, Grantors. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh 123023.03 4 EXHIBIT "A" TO GRANT OF TEMPORARY AND PERMANENT EASEMENTS A permanent easement for public roadway, drainage and utility purposes over, under and across Together with a temporary easement over, under and across the 123023.03 Ri ! � � iso � ,, h �`� ��`�` Na, ome'-�. / (pk.K•A_ F/ - J� ILL FOXY— L No \ �-72 2 i Tf81 � Osv-94L98 i' . � 1 o sN I% /�� q 'boa cam/ \ i I'J X =3 \ oe S line of Gov't Lot ion% \ C Sec 1. T. 11 a R. �— N89V3210 I N line of Sea 12 Cores County Monument at � \ the SW caner of Sec 1 �e 0 3 /1T \ 8? \ 30' roadweyL-- amesment \ \ 9� ex 012 .sir -21 Sflr➢q; s, •-We4. � --944- -942-- 1 _ 928 30 zn \ 956,4 ) \ J Certificate of Survey 9\\ • 95263 \ • 949.47 per t� . � 8q 75 N89LSi -W 916.83 �I n —B — �/ �- _ silsff:zzaR: 49170 That part of Goverrrmant Lot 6, Section 1Z Township 116, Range 23, Carus County Minnesota deambed as follows Beginning at a point h the center roe of Lakevrew, Drfve distant 243.518 fast an a bearing of South 22 degrees 21 minutes 40 seconds Ewt ham the point formed by the intersection of the center rhes of Fain Road and Lakeview Drive, as designated and delineated an the Mop of Cover Beach, at Long Laky according to the plot thereof, an Re and of record In the office of the Registrar of titles it and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the dniron /he between Section 1 and 23 of Carver County to the high water mak of Long take; thence in o Southeasterly direction along the high water mak of Long Lake 115 feet plus or minus to o point 100 feet of right angles to the rest course when said course is projected Ewteriy thence Northerly 89 degrees JI minutes 29 seconds Nest 965 feet plus or minus to the center line of Lakeview Drive thaxe North 22 degrees 21 minutes 40 secends Nest 108505 feet to the point of beginning, being a port of Government Lot Na 6 Section fZ Townahy 116, Range 24 some being registered land w evidence by Certificate of title Na 1726, Carver County, State of Afnnvacta That lies Easterly of a /hs, described as follows Connr»encing at a point in the confer line of Lakeview Drive, distant 241518 feet an a bearing of South 22 degree* 21 minutes 40 seconds East from the point famed by the intersection of the matter Ines of Fern Rood and Lakeview Drive as designated and delineated on the Man of Carver Basch, at Long Lanka according to the plat thereof, an tie and of record h the ol8oe of the Registrar of Titles An and for said County and State of Minnesota and running from thence South 89 dayees 31 minutes 29 seconds East dong the Nath me of sold Section IZ a distance of 5.30.06 feet to the pant of beginning of said rive to be descrbed• thence South 03 degrees 01 minutes 32 seomds East to a point 100.00 feet of right angles from the South Lire of said Section 1, and said rine there tarninatirng PROPOSED PROPERTY DESMP77ON PARCEL S Cvtfot A, 510 NOOIDS Of L07US LAK& Caws County Minnesota aeaading to Rhe recorded plat thereof AND That part of Govemmant Lot 4 Section 1Z Township 114 Range 23, Cover County Mennaeota, deom-Zed as fellows Beginning at a point in the center line of Lakeview Drive, dhtart 241518 het an a bearing of South 22 degrees 21 minutes 40 seconds East from the point IErmed by the intersection of the center roes of Fear Rood and Lakeview Drive as designated and delineated an the Map of Carver Beach, at Long Lake, according to the plat thereof, an tie and of record in the office of the Registrar of Titles in and for said County and State of Minnesota and running from thence South 89 degrees JI minutes 29 secands East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mak of Long Lake; thence In a Southeostary daection along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the fist course when said course b projected Easterly thence Northerly 89 degrees 31 minutes 29 seconds Nest 965 feet plus Or minus to the center rine of Lakeview Drive; thence Nath 22 degrees 21 minutes 40 seconds fest 108505 feet to the point of begirnhg, being a part of Government Lot Na 6, Section 1Z Townshp 116, Range 24 some being registered land as evidence by Certificate of HBe Na 1726, Carver County State of Minnesota That liar Nestedy of a line descrbed as fadows Commencing at a point In the center fine of Lakeview Drfve distant 243516 feet an a bearing of South 22 degees 21 minutes 40 seconds East from the pont Armed by the hter3ect5an of the center flies of Fem Rood and Lakeview Drive, as designated and delineated an the Nap of Cores Beach, at Long Lake, according to the plat thereof, an Re and of record in the office of the Registrar of Miss in and for said County and State of Minnesota and running from thence South 89 dog vas JI minutes 29 seconds East along the North line of mid Section 12 a distance of SM05 feet to the point of beginning Of said rhe to be descrbed thence South 03 degross al minutes 32 seconds East to a point 100.00 feet of right angles frau the South Line of said Section 1, and said roe there tcarmhatng. • denotes iron monument found 0 denotes iron pipe set OT 70.W and marked as shown: ® denotes soil boring P denotes percolation test hole rl r rTl ,'r eYJ bit. Cin. 1 v Z-10 7� Utility .me alar = 941.23 104 A �.,:� ex surmo ntable � R gutter C,�i\i� i r v vvu:: i viol I I PROPOSED STREET AND U77ITY EASEMENT DESCRIPTION. An easement for street and utBlty purposes own, under, and across the East WOO fee, of the ta7owhg described property That part of Government Lot 6, Section 1Z Tornsh(o 116, Range 2x Caner County, Mlnnesotq described as /allows: Beginning at a point h the center /he of Lakeview Drtvs, distort 243518 feet an a bearing of South 22 degrees 21 minutes 40 seconds East from the point famed by the Intersection of the curter Ihes of Fear Road and Lakeview Drive as designated and delineated an the Map of Cawr Beach, at Long Lake, occordirg to the plat thereof, on Ile and at record h the office of the Reglstror of Titles h and for said County and State of Minnesota and running from thence South 89 degrees J1 minutes 29 seconds East 950 feet plus or minus In and along the dhIslon line between Section 1 and 2J of Carver County to the high water mak of Long Lake; thence In a Southewtaly diection along the high water mak of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the fist course when sold course Is projected Easterly thence Northerly 89 degrees J7 minutes 29 seconds Nest 965 feet plus Or minus to the center the of Lakeview Drfva thence North 22 degrees 21 minutes 40 seconds Nest 1OL5O5 feet to the point of beginning, being a part of Government Lot Na 6, Section /Z Townshia 116, Range 23, some being registered Ind as evidence by Cwtfflwte of title Na 1726, Carver County, State of Minnesota That lies Westerly of a line desrrbed as Wom Conmenchg at a point In the carter line of Lakeview DrIm distant 243518 feet on a beating of South 22 degees 21 minutes 40 secands East from the point famed by the Intersection of the center lines of Fan Rood and Lakeview Dr/ve, as designated and delineated on the Map of Caws Beach, at Long Lake, ocoadng to the plat thereof, on Me and of record in the of0ce of the Registrar of Titles in and for said County and State of Minnesota and running from thence South 89 degrees J7 minutes 29 seconds East along the North line of said Section 1Z a dIetance of 530.06 feet to the point of beginning of said line to be descrbed; thence South OJ degrees Of minutes J2 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said fine there temhathg. PROPOSED CONSTREC77ON E.ASEWENT DESCRIPTION: An easanant for construction purposes over, under and across the West 2a OO feet of the fo6owhg daakrbed property That part of Govemmart Lot 6, Section 1Z Townshjo 116• Range 21 Carver County, Minnesota described as fomes Beginning at a point In the curter line of Lakeview Drive distant 24,1518 feet an a bearing of South 22 degrees 21 minutes 40 seconds East from Me pont formed by the Intersection of the canter lines of Fan Rood and Lakeview Drive, as designated and delineated an the Mop of Cover Beach, at Long Luka according to the plat thereof an fle and of record In the office of the Registrar of 778as in and for acid County and State of Minnesota and running from thence South 89 degees 31 minutes 29 seconds East 950 feet plus or minus h and along the cWon line between Section 1 and 13 of Cover County to the high water mark of Long Lake; thence In a Southeasterly creation along the high water mann of Long Lake 115 feet plus or minus to a pant 100 feet at nAght angfes to the list course when said course Is pm,ected Easterly, thence Northerly 89 degrees 31 minutes 29 seconds Nest 965 feet plus or minus to the center the of Lakeview Alva thence North 22 degrees 21 minutes 40 seconds Nest 108505 feet to the point of beginningg, being a pat of Government Lot Na 6. Section 12, Townsh.p 116, Range 2J sane Deng registered land as evidence by Cartfrkote of title No. 1726, Cons County, State of Minnesota That lies Easterly of a line, desc bed as follows Commencing at a point in the canter line of Lakeview OrM, d7stant 24.1518 feet an o bearing of South 22 degrees 21 minutes 40 seconds East from the Point formed by the intersection of the center lines of Fan Road and Lakeview Ohs as designated and delineated an the Mao of Cans Beach, at Long Lake, accordfng to the plat thereof, on Me and of record In the once of the Registrar of Titles In and for said County and State of Minnesota and nLnnh7g from thence South 89 degrees J1 minutes 29 seconds East along the North The of said Section 1Z o distance of 530.06 feet to the point of beginning of sold the to be desabett thence South O3 degrees 01 minutes 32 secands East to a pant 100.00 feet at right angles from the South Line of sold Section 1, and said The there termhoting. Certificate of Survey on part of Gov't Lot 6 of Sec. 12, T. 116, R. 23, Carver County, Minnesota �x O :oA iso � N O ^N Q' O n Q 6 z 1 t o .o \ \ � \Q\ \, 917.11 has» \\ \\\\ \\\\ \\ m i =927.{2 •9150 ` \ \ I 9� ky \ a of Soc�f? \sai T. 1I -R 23 l Garver County Monument at meander caner an section line TOTAL AREA = 94833.22 S.F. (2.18 AC.) HARDCOVER cALCULARON.S; PARM A S/Rt/C7URE AREA T OOSTM GARAGES 1391 S.F. 34X D0ST/NG HOUSE, D 1840 IF 4.5X GRAVE. 4469 SF faax DaS7M RETABDIG WALL NIT SF. n 95 TOTAL HARDCOVER AREA - MW IF. TOTAL HARDCOVER (TO ONNL) - IA6X T1 a/ I ` �" a of Yltl'9J ' \\\ \,' 11 tl I I PARM B net a �� STRUCTURE AREA T g'DgO .�, net Is ( I I I I I \ °'�\� \ l—am EXS7M &fL11010,S 39Oe SF. 7. IX 4 3640 SF \ house j rods ►h D� ,\ EXISIM �"" WALL 4W S a8x w f to a. I Irol {raflal ly� Y \ a TOTAL HARDCOVER AREA - 4684 SF. f 18.7 II II i ` l . (\� 70TAL HARDCOVER - &JT ice\mqm �•^•= Sanitary 5ewsr� Easaraant per Doe Na 172451 I /l r1 1- i A/ -( l t- I 1 EASSWENT OF RECORD- (Doc, Na 728873) An easement for roadway purpwes, lying 6 feet an either side of the hereioRe, described ling said roe being doombed as fellows: Commencing at the intersection of the South lire of Section 1, Township 116, Range 2.A and the centarr" of Lakeview Drive as shown on the plat of CARVER BEAM' thence running South 89 degrees 31 minutes 29 seconds East along said Section roe a distance of 500 feet and there tamhating PROPOSED EASEMENT DESCRIPTION.. An easement for ingress and agrees purposes ow, under, and across the North 6.00 feet of Govarnmmt Lot 6, Section i2 Townshp 116, Range 2x Cover County Minnesota, lying Eostady of tine A and Nestaly of Lire a Lie A descrbed as follows Commencing at the intersection of the Nath line of said Government Lot 6 and the centetne of Lakeview Drive w shown an the plat of CARVER BEACH; thence Easterly along said Nath rve, a distance of 5Oa00 het to the pont of beginning of said Lae A; thence Soufhafy detecting to the right 90 degrees 00 minutes tell seconds, a distance of 6.00 het and said Line A there terminating Lae B described as follows Ca nvancirg at a point in the tentative of Lakeview Drfve, d/atant 243518 het on a bearing of South 22 degrees 21 minutes 40 soomde East from the Point farmed by the intersection of the center lines of Fern Rood and Lakeview Drive, w designated and delineated an the Mips of Cover Beach, at Lang Lake, according to the plat thereof, an tis and of record in the offke of the Registrar of TTtles in and for said County and State of Minnasotq and running from these South 89 degrwse JI minutes 29 ssaands East along the North the of sold Section 1Z a distance of 530.06 het to the point of beginning of said line to be dsacrbed; thane South 03 degrese 01 minute 32 secorde £set to a point 100.00 feet at right angles from the South line of said Section 1, and said the there terminating PROPOSED EASEMENT DESCRIPTION- An eosernant for roadway purposes over, under, and across the West 30.00 feet of the fol/owing descrbed property That part of Government Lot 6, Section 12 Townshp 116, Range 24 Carve County, Minnesota, desc bed as follows Beginning at a pant in the center line of Lakeview DHM distant 243.518 feet an a beorng of South 22 degrees 21 minutes 40 seconds £cit from the point formed by the intersection of the mentor lines of Pam Road and Lakeview Drive as designated and delineated an the Mop of Carver Beach, at Lang Lake, according to the plat thereof, an Ne and of record in the office of the Reglatnr of Trtles in and tar said County and State of Al:nnesota and running from thane south 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division roe between Section 1 and 23 of Cavan County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mak of Long Lake 115 feet plus or minus to a point 100 lest at right angles to the fist course when said course /s projected Easterly. thence Northerly 89 degrees 31 minutes 29 seconds Nest 965 feet plus or mhua to the center line of Lakeview Drives thence North 22 degrees 21 minutes 40 seconds West 10.4505 feet to the point of beginning, beteg a port of Govemmant Lot Na 6, Section 12 Township Ila Range 2.3 sone being registered land as, evidence by Carflrkate of title Na 1726, Caner County, State of Minnesota That lies Wmstany of a rola described as follows Commencing at a point h the center tine of Lakeview Drive distant 243.518 feet on a becrirg of South 22 degrees 21 minutes 40 secunda East from the point formed by the intersection of the center lines of Fern Rood and Lakeview Drive as designated and de/heated on the Map of Carer Benin, at Long Lake, accadmg to the plat thereof, an fie and of record in the office of the Registrar of Tithes in and for said County and State of Minnesota and running from thence South 89 degees 31 minutes 29 secands East along the North line of said Section 1Z a ortatonce of 530.06 feet to the Pohl of beginning of said the to be deea iW thence South 03 degses 01 minutes 32 secands East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terrrnirathg. By; Paul Eidsness Daed Ely: 8/11/05 te:DraD.N.A. wn By:Saa111=60' le:chS R B —OHE— denotes overheod electric the O denotes power pole !7 denotes right pole PROPOSED DRAINAGE AND U77LJTY EASEMENT DESCRYPTIOV. A 6.7 We and utFty easement over, under and across the Nest 10.00 fest the Nath 5.00 feet and the South 500 feet of the f000wing deserved property. That part of Government Lot 6, Section 1Z Township 116, Range 23, Carver County, Alinnesatq deemed as follows: Beginning at a point h the center line of Lakeview Drive distant 243518 feet an a beang of South 22 degrees 21 minutes 40 seconds East ham the point formed by the intersection of the center Ihes of Fam Road and Lakeview Drive as deslyroted and detieated an the Map of Carver Beach, at Long Loire, according to the plat thereof, an Re and of record In the office of the Registrar of Titles h and for said County and State of Minnesotq and rurmhg from thence South 89 degrees JI minutes 29 seconds East 950 feet plus or minus in and Bong the division lire between Section 1 and 23 of Corns County to the high water mark of Lang Lake; thanes in a Southeasterly direction along the high water mak of Long Lake 715 feet plus or minus to a point 100 fast at right angles to the fist course when said course Is projected Easterly thence Northerly 89 degrees J1 minutes 29 seconds Nest 965 feet Pius or minus to the curter line of Lakeview Drives thence North 22 degrees 21 minutes 40 seconds feat 108.505 feet to the point of beginning being a part of Government Lot Na 6, Section 12 Township 114 Range 24 some being registered land as evidence by Cert/foate of title Na 1726, Carer Ccurnty, State of Mune ate That lies Easterly of a rhe, descrbed as fellows Canmenchg at a paint h the center /ire of Lakeview Drive, distant 243518 feet an a bearing of South 22 degrees 21 minutes 40 seconds £ort from the pont formed by the intersection of the center /hes of Far» Rood and Lakeview Drive as designated and delineated an the Mop of Lbwr Beach, at Long Lake, according to the plat thereof, an Me and of recard in the office of the Registrar of Titles in and for said County and State of Minnesota and running from thence South B9 degrees 31 minutes 29 seconde East along the North line of said Section 1Z a distance of 530.06 fast to the Poinf of beginning of said /fee to be desm7ect thence South 03 degrees 01 minutes J2 seoands East to a point 700.00 het at right angles hon the South Lire of said Sections 1, and said lira there termhoting. .. • • r..m r • r r •tea i>:e:.i• r E. A drainage and utility easement over; under and across the Nest moo feet of the East 6a O0 feet the East 10.00 feet of the Wwf 4a OO feet the North 500 feet and the South 10.00 feet /)ing Nestarly of the East 60.00 feet and Easterly of the feet 40.00 feet of the Wowing deiscrbad Property LLtlot A. BIG Nt700S ON LOTUS LAKE Carom• County, Mnnesota awarding to the recorded plat thereof. That port of Government Lot 6, Section 1Z Township 116, Range 24 Carver County, Minnesota desm3ed as follows Beginning at a point it the cantor line of Lakeview Drive, datont 243518 het an a bearing of South 22 deg am 21 minutes 40 seconds East from the point larmad by the intersection of the center lines of Fear Road and Lakeview Drive w designated and delineated an the Nap of Caner Beach, at Long Lake. ocxcvdog to the plot thereof, an We and of rscad in the offloe of the Registrar of Titles h and for said County and State of Mhnesctq and running from thence South 89 degrees 31 mhutes 29 seconds East 950 het plus or minus in and along the division lire between Section 1 and 23 of Cove County to the high water mark of Lang Lake,• thence in o Southeasterly direction along the high water mak of Long Lake 1f5 feet plus Or minus to a pant 100 lost at right angles to the fist course when said course fa projected Easterly, thence Northm7y 89 degrees 31 minute: 29 seconds Nest 965 feet plus a minus to the carter the of Lakeview Drives thanes North 22 degrees 21 minutes 40 seconds Nest 1011505 feat to the pant of beginning; bring a part of Government Lot Na 4 Settlor iZ Townshp 116, Range 2.7 sane being registered /and as evidence by Certificate of title Na 1726, Cows County State of Arnnesota That live Wwtady of a line described as fo6ows Commancing of a pant In the center /ins of Lakeview Drive distant 243518 feet on a beorhg of South 22 degrees 21 minutes 40 seconds East from the point formed by the htersectA n of the canter lines of Fern Rood and Lakeview Orfm w designated and delineated an the Map of Carver Beach, at Long Lake, accadhg to the plot thereof, an Me and of record in the ofRce of the Registrar of Was in and for said County and State of Mhnesotq and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of sold Section 1Z a distance of 530.06 feet to the point of beginning of said line to be dembect thence South 03 degrow 01 minutes 52 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and sold The there terminating. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State Minnesota. e�enta �e Paul E Otto /- Date: /- eP 7-D4GLlcense # 4006: Web Site: 1.1 / D.N.A. www.ottoassociates.com dwa. boundary 1176106 D.N.A. deod TTo QS B West Division 13 Buffalo/ AEN 55313 e�enta �e (763)6824727 Job No. SOCIATES SPh: Fart (763)682.3522 1 _05-0599 Engineers and Land Surveyors, lac CARVER COUNTY Collection Receipt 2/14/2006 PAUL T EIDSNESS 4395 TRILLIUM LANE W MINNETRISTA, MN 55364 This is not a valid receipt until your check has been honored. Date Paid: 2/14/2006 Tax Amount: .00 Trans No: Penalty Amount: .00 Batch No: Interest Amount: .00 Additional Fees: .00 SpAsmt Amount: .00 Prepay Collections: 7,037.00 Misc Collections: .00 Total Paid: 7,037.00 Tendered by: PAUL T EIDSNESS CK 2237 7,037.00 Collection Breakdown Type --------------------------------------------------------------------------------------- Parcel ID/Description Amount Rcpt# Prepay R 25.1090100 7033.00 0000810 Prepay R 25.0125900 4.00 0000811 recd -P- - far E-'Asnf-ss Toch- �- no w s cru ha.Ue. -tuS 11:55 a.m. 2/14/06 Paul Eidsness called for Sharmeen and then for Todd. He said the taxes have been paid today and the city was going to have Campbell Knutson send the documents to Carver County for filing. So, the message is, `Taxes are paid, send the documents." CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 02/15/2006 2:55:42 PM Receipt No. 0000536 CLERK: danielle PAYEE: Paul/Andrea Eidsness 4395 Trillium Ln W Minnetrista MN 553647713 Park dedication fee-Eidsness subdivision ------------------------------------------------------- Park Fees 4,000.00 Total Cash Check 2235 Change 4,000.00 0.00 4,000.00 0.00 STATE OF MINNESOTA ) (SS. COUNTY OF CARVER ) ^� a foregoing instrument was acknowledged before me this �" day of % 2006, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and City M ager/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. Jch^ D. Rice Wt- ' 140"MPublic Wt ' lii!"..ie87Ya `� ^°6yCaimm enEzp asJaway91,2o10 OoPublic STATE OF MINNESOTA ) (SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2006, by Paul T. Eidsness and Andrea S. Eidsness, husband and Wife. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 RNK 122866v02 3 AMP:2/10/06 STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this -4 -3y of 2006, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and City M ger/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. John D. Rice 1 ., Nciar, Public &1lanesota w 11t;.„ Co m ts_!m Erpies Jany 31, 2010 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2006, by Paul T. Eidsness and Andrea S. Eidsness, husband and wife. Notary Public DRAFTED BY: CAMPBELL KNMON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 RNK 122866v02 AMP:2/10/06 Rice Law Firm, Chartered Attorneys at Law 525 West 78th Street - Suite 201 Chanhassen, Minnesota Mailing Address: P.O. Box 1180 CHANHASSEN MN 55317-1180 February 13, 2006 Via Personal Delivery Ms. Sharmeen Al-Jaff Senior Planner City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen< Minnesota 55317-0147 Re: Eidsness Lot Split Planning Case No. 06-02 Dear Ms. Al -Jaffa JOHN D. RICE Tel. (952) 949-9616 Fax: (952) 949-9589 Email: jdricelawchan@qwest.net I understand all revised descriptions and survey documents have now been delivered to you. Enclosed per your letter of February 10, 2006 are Development Contract and Special Assessment Agreement; Grant of Temporary and Permanent Easements [Parcels A and B]; Grant of Permanent Easement [Parcel A]; Grant of Permanent Easements [Parcel B]; and Notice of Land Combination for Zoning Purposes. Mr. and Mrs. Eidsness have signed those documents. Also enclosed is their check in the amount of $4,000 in payment of the Park Dedication fee. Also enclosed, duly executed by Mr. and Mrs. Eidsness are (1) Quitclaim Deed to themselves conveying the lakeshore lot; and (2) Quitclaim deed to themselves conveying the Westerly lot adjoining Carver Beach Road. Please make the necessary notations on these deeds so that the Registrar of Titles will know and land records will show compliance with the Chanhassen ordinances. Also enclosed is a document entitled "Declaration of Easement for - Driveway and Access and Amendment of Road Agreement', which document has been duly executed by Mr. and Mrs. Eidsness. This document connects the lakeshore lot to the previously existing "Road Agreement' easement, the description of which did not extend to the westerly boundary of the lakeshore lot. This document should be recorded on both new certificates. Each of the foregoing documents have been executed in duplicate and those duplicate originals are herewith delivered to you. It is important to the completion of the pending transaction on the lakeshore parcel that the duplicates of each of the documents be stamped by the Registrar upon filing and then returned to my office. The additional cost of obtaining a stamped copy is nominal. Any additional recording costs will be reimbursed promptly by either this office or Mr. and Mrs. Eidsness. A stamped Self-addressed envelope is enclosed. If there are any questions, please call me. Yours very truly, Rice Law Firm, Chartered 7 ohn/D'. Rice Iv V LCD /s enclosures cc: Roger Knutson, Esq. DECLARATION OF EASEMENT for DRIVEWAY AND ACCESS ME 1: 1 1' • / ' :i 1A This Declaration of Easement for Driveway and Access and Amendment of "Road Agreement" is made this 13th day of February, 2006, by Paul T. Eidsness and Andrea S. Eidsness, husband and wife, hereinafter referred to as Declarants. WHEREAS, This Declaration involves certain parcels of real property located in the City of Chanhassen, County of Carver, State of Minnesota, as described on attached Exhibit A and attached Exhibit B; and WHEREAS, Declarants are the owners of those certain parcels described on Exhibit A and Exhibit B; and WHEREAS, The easement for driveway and access herein created and declared will benefit the parcel described on Exhibit A; and WHEREAS, The easement for driveway and access herein created shall be on and over that certain driveway easement area as described on attached Exhibit C; and WHEREAS, That certain Road Agreement, filed as Document No.T28873 in the office of the Registrar of Titles, Carver County, Minnesota, is amended as herein provided; 1 NOW, THEREFORE, in consideration of the foregoing premises, and in consideration of the mutual promises and covenants herein set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following "Declaration of Easement for Driveway and Access and Amendment of 'Road Agreement'" is hereby duly made, executed, and delivered by Declarants. 1. Easement for Access to Road. There shall be an Easement for Driveway and Access (both ingress and egress, and both pedestrian and vehicular) from the parcel described on Exhibit A to the "road" as described in the certain document entitled "Road Agreement", filed in the Office of the Regristrar of Titles, Carver County, MInnesota as Document No. T28873, over and across the Driveway Easement Area, as herein described in attached Exhibit C. 2. Driveway Easement Area. The Driveway Easement Area is legally described on attached Exhibit C. 3. Benefited Parties. The aforesaid Easement for Driveway and Access shall be for the use and benefit of the owners of the parcel described in Exhibit A, and the mortgagees, successors, heirs, and assigns of said owners. 4. Duration and Termination. Said Easement for Driveway and Access herein created shall continue until either: [1] the date of completed installation of a paved public roadway over the permanent easement parcel as described in that certain document entitled "Grant of Temporary and Permanent Easements" dated the day of , 2006, and executed and delivered by Paul T. Eidsness and Andrea S. Eidsness, husband and wife, as Grantors, in favor of the City of Chanhassen, a municipal corporation under the laws of the State of Minnesota, and duly filed in the Office of the Registrar of Titles, Carver County, Minnesota on the day of 2006 as Document No. ; OR [2] the date of acquisition of direct access to a public roadway abutting a part of the real property described on Exhibit A; whichever shall first occur. 2 Upon such event occurring, the Easement for Driveway and Access granted herein shall terminate and all rights of driveway and access hereunder shall cease. said termination may be evidenced by the filing with the Office of the Registrar of Titles, Carver County, Minnesota of an Affidavit specifying such event causing termination and the fact of its occurrence. 5. Appurtenant Easement. The Easement for Driveway and Access herein created and declared shall be appurtenant to the dominant estate until terminated as herein provided. 6. Easement Not Exclusive. The Easement for Driveway and Access herein created and declared shall not be exclusive, and shall not preclude other uses of the Driveway Easement Area, and shall not preclude other parties from the use of the Driveway Easement Area. 7. BINDING EFFECT. This Declaration of Easement for Driveway and Access and Amendment of "Road Agreement" shall be binding upon and shall inure to the benefit of the owners of the respective parcels and their respective heirs, successors, and assigns. 8. MAINTENANCE. The owners of the real estate described on Exhibit A attached hereto shall be responsible for maintenance, repair, and reconstruction of the Driveway Easement Area, and for the costs and expenses thereof, and shall save and hold harmless the owners of the real estate described on Exhibit B from any cost, liability, judgment, or expense, inlcuding attorneys fees and court costs, arising from any maintenance, repair, or reconstruction. 9. Insurance. The owners of the real estate described on Exhibit A attached hereto, shall maintain commercially reasonable liability insurance, for any public liability exposure arising from the use of the Driveway Easement Area. The owners of the real estate described on Exhibit A attached hereto, shall maintain commercially reasonable liability insurance, for any public liability exposure arising from the use of the Road as described in the aforesaid "Road Agreement" [Document No. T28773]. 3 The owners of the real estate described in Exhibit B shall be named as additional insureds on said policy or policies of insurance. 10. Amendment. This Instrument may be amended only by a written agreement duly executed and delivered by the owners, and other parties in interest, if any, of each of the parcels herein described. 11. Non -Merger. Declarants intend that, notwithstanding the common ownership of one or more parcels by the same person or persons or entity, there shall be no merger of the fee and the servitude so as to cause the elimination of the Easement for Driveway and Access herein created and declared. 12. Termination of Easement Rights under "Road Agreement". On the date of the termination of the Easement for Driveway and Access created herein, which termination is provided in Section 4 of this Declaration, all right of user and interest held by owners, and those claiming under said owners, of the parcel of real property described in Exhibit A attached hereto, in and to the easement created in, and under that certain Document entitled "Road Agreement", filed as Document No. T28773 in the Office of the Registrar of Titles, Carver County, Minnesota, and the real estate described in said Document No. T28773, shall cease and terminate, without any action of any kind by any person. Said termination may be evidenced by the filing with the Registrar of Titles, Carver County, Minnesota of an Affidavit specifying such event causing termination and the fact of its occurrence. The remainder of this page is intentionally left blank. 4 IN WITNESS WHEREOF, the Declarants h duly executed and delivered this Declaration of Easemen ay and Access. Paul T. Eidsness STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this l 3 /L/1 day of , 2006, by Paul T. Eidsness and Andrea S. Eidfiess, Husband and Wife, Declarants. THIS INSTRUMENT WAS DRAFTED BY: RICE LAW FIRM, CHARTERED 525 West 78th Street P.O. Box 1180 Chanhassen, Minnesota 55317-1180. 5 Public EM] FLo+uaY 31,2410 That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fem Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof; on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running ring from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the fust course when said course is projected Easterly, thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota That lies Easterly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fem Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. Exhibit A That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a hearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly, thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. I&Kh bit B DRIVEWAY EASEMENT AREA The North 6.00 feet of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, lying Easterly of Line A and Westerly of Line B. Line A described as follows: Commencing at the intersection of the North line of said Govermnent Lot 6 and the centerline of Lakeview Drive as shown on the plat of CARVER BEACH; thence Easterly along said North line, a distance of 500.00 feet to the point of beginning of said Line A; thence Southerly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 6.00 feet and said line there terminating. Line B described as follows: Commencing at a point in the centerline of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office ofthe Registrar of Titles in and for said county and state of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minute 32 seconds East to a point 100.00 feeet at right angles from the North line of said Section 12 and said line there terminating. - Exhibit C - QUIT CLAIM DEED Form Na 29-M NumnLu" Uniform Ilndividrd(s) to Joint Tenants (T�o 7 fidees ttem..W wr Rcsurdmi; Rea) Conveyancing Blanks (1/15/97) DEED TAX DUE: $ 1.65 Daoc TOR VALUABLE CONSIDERATION, Paul T EKhvm s and Andrea S. Edsness Husband and Wife, Oranmr(s), (maul sums) hereby convey(s) and quitclaim(s) to Par T. Eids eiss and Andrea S. Eidsneas, Husband and Wde, , Grantees, as joint tenants, real property in See atiadted Exhibit A This Deed is given in consideration of $500.00 or less - together with all heteditanxas and appurtenances. County, A4ime.sota, described as follows Check box if applicable: ❑ The Seller certifies that the Seller does not know of any wells on the described real Property. ❑ A well disclosure certificate aommpaoies this document ❑ [ am familiar with the property described in this insmmnkent and [ certify that the status and number of wells on the described teat property have not changed since the last previously filed well disclosure certificate. Paull --- Andrea S. Bdsnass Affix Deed Tax Stamp Hae STATE OF MWNFSOTA COUNTY OF CARVER This instrument was acknowledged Uefere ere on Paul T. Edstess and Ardrea S. Eatsness, Husband and Wife , Grasmr(a). N ARIAL STAMP OR SEAL. (OR OTHER 1ME OR RANK) c John D.Rice Notary Public Minnesota M te,r. mi i ....04 �a c,a..,� ,.., �1 IYATIIIRE OF NOTARY P C OR OFFICIAL. Pone law Fin. Charbxed 525 West 70M Street P.O. Box 1180 Chanhassen, bfnrtesota 55317-1180 Chxk here if part or all of the land is Regmered (Tomas) Tax Stanencals for the reA property described in dux instrument stxxdd he sen to ("metude vane and address at Grantee): Paul T. and Andrea S. Eidsmm 4395 Trillium Fane West AMfnnelrista, Wrmmiota 55364 Lakeshore Parcel That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fem Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Easterly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles fi+om the South Line of said Section 1, and said line there terminating. Exhibit A QUIT CLAIM DEED Form Na 29-M M)®esota Uniitxm Imilividnal(s) to Joint Tenants Crop3 hdres Rem.ed f Reovdtgg DZW Coaveyandng Blanks (1/15)97) DEED TAX DUE: S 1.85 Daft: FOR VALUABLE CONSIDERATION, Paul T Edwxm and Andrea S Eldsness Husband and VlfK Grantogs), beadnl status) hereby convey(s) and quitclaim(s) to Paul T. Eidaness and Andrea S. Eidsness, Husband and VUde, Grantees, as joint tenants, mal property in See attached Exhibtt A - This Deed is given in consideration of 9500.00 or less. together with all heneditameals and appartenances. County, Minnesota, described as follows: Check box if applicable: ❑ The SeIlet certifies that the Seller does not know of any wells on the described teal property. ❑ A well disclosure certificate accompanies this document ❑ I am familiar with the property desmbed in this instrument and I certify that the stains and number of wells on the described real property have not changed since die last previously filed well disclosure certificate. Pau sn rl in Andrea S. Eidsness Affix Decd Tax Stamp Here STATE OF MINNESOTA COUNTY OF CARVER Ibis instrument was acknowledged before me on I ss. 3 Paul T. Endsnese and Andrea S. Edsness, Husband and Wife, , Grantm(s). R RAI'1K) Mc1ary Public Viiinnesola hey CommIrlon U VeS January 31, 2 NATURE OF NOTARY PUBLIC OR OTHER OFPICIAL Check lime if part or all of the land is Registered (T(mms) [t7 THIS INSTRUMENT WAS DRAFTED BY (NAME & ADDRESSy. RICE Law Finn, Chartered Tax Statements for the real property described in this instrument 525 West 7M Street shmdd be sent to (uwhi a nmoc and address of Grantee): P.O. Box 1180 Paul T. and Andrea S. Eidsoess Chanhassen, Minnesota SM17-1180 4395 Trillium Sane West Minnetrista, Minnesota 55364 Lakeshore Parcel That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fem Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Easterly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. Exhibit A DEVELOPMENT CONTRACT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT dated 13 2006, by and between the CITY OF CHANHASSEN, a Minnesota municip corporation ('City); and PAUL T. EIDSNESS and ANDREA S. EIDSNESS, husband and wife, (hereinafter referred to as the "Developer). RECITALS A. The Developer has applied to the City for the subdivision of the land described on into two lots, one of which lots is legally described on the attached Exhibit "A" ("Assessed Parcel'). The City has approved the subdivision subject to certain conditions including that the Developer enter into this Agreement_ B. As a condition of subdivision approval, the City required the construction of a street. The Developer has asked the City to construct the street as a public improvement project. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. Public Improvements. The City shall construct a public street in the public easement as described on Exhibit A ("Easement Premises'). Street construction may commence, in the City's discretion, upon the occurrence of any of the following events, whichever first occurs: when property immediately abutting the Assessed Parcel to the east is further subdivided, when a building permit is issued for construction on the Assessed Parcel, when the property to the north of the Assessed Parcel is developed, or when the City determines it is appropriate to construct the street. 2. Surface Water Management Fees. As a condition of subdivision approval the Developer is required to pay a surface water quality fee of $2,383 and a surface water quantity fee of $5,987. The Developer has asked to defer payment of the fees until one of the events triggering the street construction referred to in paragraph I above occurs. 122866v02 AMP:1110/06 3. Special Assessments. Parcel B is specially assessed for: (1) street project in the amount of $10,000.00; (2) the surface water quality fee in the amount of $2,383; and (3) the surface water quantity fee in the amount of $5,987. The assessments shall be deemed adopted on the date this Agreement is approved by the City Council. The assessments shall be deferred without interest until the street is constructed. When the deferment ends, the assessments shall be paid over a five (5) year period, together with interest commencing as of the date the deferment ends at a rate of eight percent (8%) per year on the unpaid balance. 4. Waiver. The Developer waives any and all procedural and substantive objections to the improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the property; and finther waives any appeal rights otherwise available pursuant to M.S.A. § 429.081. IN WITNESS WHEREOF, this Agreement was executed by the parties the day and year first above written. CITY OF CHANHASSEN Im Thomas A. Furlong, Mayor AND004/�Jl\ odd Gerhardt, City Manager/Clerk DEVELOPER: Paul T. Eidsness =� mZ Andrea S. Eidsness 122866v02 2 AMP:2/10/06 STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2006, by Thomas A. Furlong and by Todd Gerhardt, 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 STATE OF MINNESOTA ) COUNTY OF(244t(� ) (ss. e foregoing instrument was acknowledged before me this 13Q -day ay of 2006, by Paul T. Eidsness and Andrea S. Eidsness, husband and Wife. ?�tar:yublic DRAFTED BY: CAMPBELL. KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 RNK 122866v02 AMP:2/10/06 EXHIBIT "A" TO DEVELOPMENT CONTRACT AND SPECIAL ASSESSMENT AGREEMENT ASSESSED PARCEL: Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the recorded plat thereof. AND That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a Point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. 122866v02 4 AMP:2/10/06 EASEMENT PREMISES: A permanent easement for public roadway, drainage and utility purposes over, under and across the East 50.00 feet of the above-described property. 122866v02 5 AMP2/10/06 GRANT OF TEMPORARY AND PERMANENT EASEMENTS PAUL T. EIDSNESS and ANDREA S. EIDSNESS, husband and wife, "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, a temporary construction easement over, on, across, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ("Temporary Easement Premises"). TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, servants and assigns, commencing upon execution of this document and expiring 90 days after the date of acceptance by the City of Chanhassen of the completion of the contemplated roadway, sewer, water, curb, gutter and utility installation within the Permanent Easement Premises, hereinafter described, together with the right of ingress to and egress from the temporary easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns. Grantors hereby grant the uses herein specified without divesting themselves of the right to use and enjoy the above described Temporary Easement Premises, subject only to the right of the City to use the same for the purposes herein expressed. The City, its agents and assigns, will restore the Temporary 123382 Easement Premises to a condition as nearly equal as possible to that which existed prior to construction or maintenance authorized hereunder within a reasonable time after completion of that construction. It is agreed, however, that trees, shrubs, and other plants will not be replaced and that the City will not be responsible for payment of damages resulting from the removal of or damage to trees, shrubs and other plants. FURTHERMORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantors do hereby grant unto the City, its successors and assigns, forever, a permanent easement for public roadway, drainage and utility purposes over, across, on, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ("Permanent Easement Premises'). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway, drainage and utility systems over, across, on, under, and through the Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway, drainage and utility easements. Upon any dedication in a plat that includes the property burdened by the Permanent Easement Premises to the public for public roadway purposes, this Grant of Easements shall cease to be carried as a memorial on the Certificate of Title for the parcel burdened by the easement. The above named Grantors, for themselves, their heirs and assigns, do covenant with the 123382 2 City, its successors and assigns, that they are well seized in fee title of the above described Permanent and Temporary Easement Premises; that they have the sole right to grant and convey the easements to the City; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this 13MM- day of 2006. '� xN Paul T. Eidsness M Z Andrea S. Eidsness .......... STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) {�j The foregoing instrument was acknowledged before me this _O day of 2006, by Paul T. Eidsness and Andrea S. Eidsneg husbaro and wife, Grantors. ".-I '': John D. Rice Notary Public ►N bo BornJnoty31•210 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNU MON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh IMMIX EXHFBIT "A" TO GRANT OF TEMPORARY AND PERMANENT EASEMENTS (Parcel A and B) A permanent easement for public roadway, drainage and utility purposes over, under and across the East 50.00 feet of the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly, thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. Together with a temporary easement for construction purposes over, under and across the West 20.00 feet of the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: 123382 4 Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota- That innesota That lies Easterly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to he described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. 123382 GRANT OF PERMANENT EASEMENTS PAUL T. EIDSNESS and ANDREA S. EIDSNESS, husband and wife, "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, a permanent easement for public roadway, drainage and utility purposes over, across, on, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ("Permanent Easement Premises'). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway, drainage and utility systems over, across, on, under, and through the Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway, drainage and utility easements. The above named Grantors, for themselves, their heirs and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described Permanent Easement Premises; that they have the sole right to grant and convey the easements to 123393 the City, and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this / 3 day of C Ab2006. WITTLY1 Paul T. Eidsness M M Andrea S. Eidsness STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 2006, by Paul T. Eidsness and Andrea S. Eidsness, husband and wit Q;-"'MVCmmdmmE*ffiJ=M3I,2N0 John D. RiceNotaryPu6Ac MLInesota THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNMON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 AMP/ol7t 123383 w clow, 10 EXHIBIT "A" TO GRANT OF PERMANENT EASEMENTS (Parcel B) Together with a permanent easement for public roadway purposes over, under and across the West 30.00 feet of the following described property: That part of Goverment Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fem Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. Together with a permanent easement for public drainage and utility purposes over, under and across the West 10.00 feet of the East 60.00 feet, the East 10.00 feet of the West 40.00 feet, the North 5.00 feet and the South 10.00 feet lying Westerly of the East 60.00 feet and Easterly of the West 40.00 feet of the following described property: Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the 123383 recorded plat thereof AND That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fem Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a Point 100.00 feet at right angles from the South Line of said Section 1, and said line there tem-tinating. 123383 4 GRANT OF PERMANENT EASEMENTS PAUL T. EIDSNESS and ANDREA S. EIDSNESS, husband and wife, "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, a permanent easement for public roadway, drainage and utility purposes over, across, on, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ("Permanent Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway, drainage and utility systems over, across, on, under, and through the Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway, drainage and utility easements. The above named Grantors, for themselves, their heirs and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described 123385 Permanent Easement Premises; that they have the sole right to grant and convey the easements to the City; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this ll 3 day of 2006. GRANTO x 7 Paul T. Eidsness �(A '. M Andrea S. Eidsness STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this -6day of 2006, by Paul T. Eidsness and Andrea S. Eidsness, husband and -wife, Oragigrs. THIS INSTRUMENT WAS DRAFTED BY CAMPBELL KNursoN Professional Association 317 Eagandale Office Center 1380 Corporate Center Clove Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh 123395 01w John F Rice Notary Pub9c Minnewts y Cmmd w EV January ]2MO EX MIT "A" TO GRANT OF PERMANENT EASEMENTS (Parcel A) A permanent easement for public drainage and utility purposes over, under and across the West 10.00 feet, the North 5.00 feet and the South 5.00 feet of the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Easterly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. Together with a 23.00 foot permanent easement for sanitary sewer and watermain purposes over, under and across the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, 123385 Minnesota described as follows: Beginning at a point in the center line of Lake View Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lake View Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Sections 1 and 12 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 955 feet plus or minus to the center line of Lake View Drive; thence North 22 degrees 21 minutes 40 seconds West 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidenced by Certificate of Title No. 1726. Said easement being 13.00 feet to the right and 10.00 feet to the left of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 900.59 feet to the point of beginning of said line to be described; thence South 01 degrees 40 minutes 38 seconds East; thence South 13 degrees 54 minutes 28 seconds East, a distance of 3.32 feet to a line 100.00 feet at right angles from the North Line of said Section 12, and said line there terminating. The side lines of said easement shall terminate at the North line of Section 12 and at a line 100.00 feet at right angles from the North line of said Section 12. 123385 FILE NO.: 2006-02 PROPERTY OWNERS: Paul T. Eidsness and Andrea S. Eidsness LEGAL DESCRIPTION: See attached Exhibit "A" NOTICE OF LAND COMBINATION FOR ZONING PURPOSES DATE: February 10, 2006 LEGAL DESCRIPTION: Attached Exhibit "A" The property described in Exhibit "A" has been processed by the County Auditor as two or more separate real estate tax parcels. The purpose of this document is to notify the deed holder (including contract for deed vendor and vendee), successors and/or assigns that said property is considered one parcel for zoning purposes. Therefore, said parcel shall not be sold as less than one contiguous piece, as described in Exhibit "A", unless specific approval is provided by the City of Chanhassen Planning Department. The County Auditor has assigned the following parcel identification numbers to the property described in Exhibit "A": PID# 25-1090100 - Outlot A, Big Woods on Lotus Lake PID# J tai i'� Sharmin A -Jaff, Senior Planner STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 13 day of -kbruLk r 2006, by Sharmin Al-Jaff, Senior Planner for the City of Chanhassen. 4Nt ublic THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON, P.A. Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 123404 If KIM T. MEUWISSENNotary Publ!:- nasotay „ Wires Ja" 31. PO10 EXIEBIT A - LEGAL DESCRIPTION PID # 25-1090100 OWNERS: Paul T. Eidsness and Andrea S. Eidsness DESCRIPTION: Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the recorded plat thereof GHfi7 PID # OWNERS: Paul T. Eidsness and Andrea S. Eidsness DESCRIPTION: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road 12304 and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. 123404 FILE NO.: 2006-02 PROPERTY OWNERS: Paul T. Eidsness and Andrea S. Eidsness LEGAL DESCRIPTION: See attached Exhibit "A" NOTICE OF LAND COMBINATION FOR ZONING PURPOSES DATE: February 10, 2006 LEGAL DESCRIPTION: Attached Exhibit "A" The property described in Exhibit "A" has been processed by the County Auditor as two or more separate real estate tax parcels. The purpose of this document is to notify the deed holder (including contract for deed vendor and vendee), successors and/or assigns that said property is considered one parcel for zoning purposes. Therefore, said parcel shall not be sold as less than one contiguous piece, as described in Exhibit "A", unless specific approval is provided by the City of Chanhassen Planning Department. The County Auditor has assigned the following parcel identification numbers to the property described in Exhibit "A": PID# 25-1 0901 00 — Outlot A, Big Woods on Lotus Lake PID# STATE OF MINNESOTA ) )ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _ day of 2006, by Shannin Al-Jaff, Senior Planner for the City of Chanhassen. Notary Public Tats INSTRumENT DRAFTED BY: CAMPBELL KNUTSON, P.A. Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 123404 FILE NO.: 2006-02 PROPERTY OWNERS: Paul T. Eidsness and Andrea S. Eidsness LEGAL DESCRIPTION: See attached Exhibit "A" NOTICE OF LAND COMBINATION FOR ZONING PURPOSES DATE: February 10, 2006 LEGAL DESCRIPTION: Attached Exhibit "A" The property described in Exhibit "A" has been processed by the County Auditor as two or more separate real estate tax parcels. The purpose of this document is to notify the deed holder (including contract for deed vendor and vendee), successors and/or assigns that said property is considered one parcel for zoning purposes. Therefore, said parcel shall not be sold as less than one contiguous piece, as described in Exhibit "A", unless specific approval is provided by the City of Chanhassen Planning Department. The County Auditor has assigned the following parcel identification numbers to the property described in Exhibit "A": PID# 25-1090100 — Outlot A, Big Woods on Lotus Lake PID# STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this -a day of F-& )I ML4 2006, by Sharmin Al-Jaff, Senior Planner for the City of Chanhassen. Notary Public THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON, P.A. Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 123404 f I* CITY OF February 16, 2006 7700 Markel Boulevard PO Box 147 Dear Mr. Eidsness, Chanhassen, MN 55317 Administration Mr. Paul Eidsness Phone: 952.227.1100 4395 Trillium Lane West Fax002227.1110 Minnetrista, MN 55364 Building Inspections Phone: 952.227.1180 Re: Development Notification Sign Escrow Refund Fax 952.227.1190 Eidsness Subdivision - Planning Case 06-02 Engineering Phone: 952.227.1180 Dear Mr. Eidsness, Fax: 952.227.1170 Finance Enclosed please find a check in the amount of $100 which represents a refund of Phone: the development notification sign escrow for the above -referenced project. Fax 952.227.1110 Park a Recreation If you have any questions, feel free to contact me at 952-227-1107 or by email at Phone: 952.227.1120 kmeuwissen@ci.chanhassen.mn.us. Fax: 952.227.1110 Recreation Center Sincerely, 2310 Coulter Boulevard Phone: Fax:95.227.14400 Fax: 952.227.1404 Planning 8 Natural Resources Phone: 952227.1130 Kim T. Meuwissen Fax 952.227.1110 Planning Secretary Public Works 1591 Park Road KTM:ms Phone: 952.227.1300 Fax 952.227.1310 Enclosure Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web She wwe.d.cbanhassennn.us �_1 SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a chaffing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Vendor. Paul T. Eidsness & Associates Vendor No: PauEid Vendor Acct No: Invoice Number Date Description 229 02/092006 Sig escrow 0 Check Date: Check Amount: 02/16/2006 $100.00 Invoice Amount 100.00 CITY OF CHANHASSEN M&I MARSHALL & ILSLEY BANK 128352 7700 MARKET BLVD., P.O. BOX 147 _. 1 15q ui CHANHASSEN, MN 55317 (952) 227-1140 Pay: ***One hundred dollars and Zero cents Date Amount 02/16/2006 $100.00 To the order of: Paul T. Eidsness & Associates 630 Carver Beach Road / ^• l L� L e i% Chanhassen, MN 55317 lie L2835211' 1:09LODLL571: 002S?"1773L2110 A E CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 01/04/2006 4:11:18 PM Receipt No. 0000229 CLERK: danielle PAYEE: Paul T. Eidsness & Associates 630 Carver Beach Road Chanhassen MN 55317 06-02 Eidsness 11 ------------------------------------------------------- Use & Variance 500.00 Sign Rent 75.00 Recording Fees 500. Sign Escrow 100.00 Total Cash Check 9281 Credit Cd Change February 9, 2006 1,175.00 0.00 625.00 550.00 0.00 Please return the $100 sign escrow for this project. Please give the check to Kim for mailing. Kate Aanenson, Community Development Director r City Council Meeting — J • 23, 2006 hearing to February 13`s at which time we'll consider comments with regard to other parts of the project, the Chanhassen Hills neighborhood and Lake Ann. Councilman Labatt: So moved. Councilman Lundquist: Second. Mayor Furlong: Made and seconded. Any discussion on the motion to continue? Councilman Labatt moved, Councilman Lundquist seconded to table the public hearing on the 2006 street improvements, Project 06-01 to the February 13, 2006 meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everybody for coming this evening. Mr. Thomas and staff, thank you. If we can take into account the comments and recommendations we heard this evening from the public over the next couple weeks and see how much the recommendations can be accommodated, we appreciate that. Okay, very good. Thank you everyone. Looking at the time we're going to take a short recess, about 5 minutes subject to the call of the chair. (The City Council took a short recess at this point in the meeting.) PUBLIC HEARING ON METES AND BOUNDS SUBDIVISION REQUEST WITH A VARIANCE FOR RIGHT-OF-WAY, PAUL & ANDREA EIDSNESS, 630 CARVER BEACH ROAD. Kate Aanenson: Thank you. As you stated Mayor this was an application for metes and bounds subdivision that does go before the City Council. And also approve a variance. The subject site is located off of Carver Beach Road, just north of the existing Creekwood subdivision. The proposed plat, so you have to back in and out here for a minute. Comes off the recently built Big Woods subdivision and they're proposing to build, create 2 lots. Lot A which has the existing house, and Lot B. I just want to back out here a little bit and show a little bit of the area so you understand why the conditions, how they relate to the subdivision. Again this is Carver Beach Road. The subject home we're talking about is right here. There are some out buildings. When this property came in for subdivision there was some interest shown from some of the adjoining properties of further subdividing. ...part of our job is also making sure that we provide adequate access to other property owners that may want to subdivide. So with that, when we looked at this larger area, again this is Carver Beach Road. This is the Big Woods Boulevard, and our subject site here tonight the existing home. Can you zoom in on that just a pinch more Nann? And then this would be the future lot. So what we did is looked at how could this property be subdivided? Obviously it's not being proposed more than just the 2 lots but if future development was to occur, how could it be served by a public street? Carver Beach Road right now is 40 feet. We did take additional right-of-way with the Big Woods subdivision because that's 50, so we are recommending 50 foot for the new road that will be built through here, so that's one of the requests that's being made for the subdivision, and I'll go through those in a minute. Keep everything going in the same direction here. Show that again so again this would be Big Woods Drive. This is the 2 lots that are being created and we are requesting for right -of - 42 City Council Meeting — January 23, 2006 • way and again to maintain the prevailing development pattern in that area, recommending the 50 foot right-of-way, so that's the variance before you tonight. The lot itself is a little over 2 acres, so both lots would meet the requirement. We are requesting that while those lots meet the requirements with the variance, that they do provide the easement for a future road. There are conditions in there that have been drafted by the City Attorney to provide for at such time that a building permit is requested on this lot, or if the city chose to ... subdivide, that we could build that street. This street does provide access to the rest of those properties so we want to have that available to, availability to provide that. In addition to that, there are some other issues that need to be resolved with the subdivision besides the right-of-way easements. Construction easements and then also typical drainage and utility easements and those are conditions of approval. One of the other things we did mention in the staff report, the city does have sewer and water lines. We're working with the applicant to get those in. We had originally recommended that just a generalized utility easement be shown over that but they would request that they actually be over the lines themselves so that's fine. We'll agree to that. Then the other request at this time is, when we do a subdivision at the time that we would take additional right-of-way because the property is being subdivided. We would request, similar to what we did on Big Woods, that they show a 10 feet for street right-of-way. They would also submit to showing utility easements... at this time. And those are all conditions in the staff report which are found for your recommendations on page 7. Again the variance findings are also in the staff report, as well as the mentioned summary of that is the prevailing development pattern in this area is really set at 50 feet. So with that we are recommending approval of the metes and bounds subdivision with the variance with the conditions and the findings in the staff report and I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff. Councilman Lundquist: Kate, the variance is 50 foot instead of 60 foot? Kate Aanenson: That's correct. Councilwoman Tjornhom: Kate I have a question if you go back to the picture of those lots. Is it possible to subdivide those lots again? Kate Aanenson: Yes it is. I tried to show it on... But this is the existing home right here. There's a common driveway right now that serves this home and this home. Sorry, push it up here. You can see that, I'm sorry Nann I'm doing this to you. This is ... so what happens if a building permit were to be pulled on this lot, they would have to get access via this road and then this home's driveway is then also served up the street. Does that make sense? So now they're all being accessed via public street. So right now as long as there's no homes, there's no violation of existing conditions. But this would be that large lot. It could be subdivided. One or two times. You could get 2 lots depending on how, with the layout. Mayor Furlong: Thank you. Any other questions for staff at this point? Okay. If not then I'll go ahead and open up the public hearing and invite interested parties to come and address the council on this matter. 43 u.::a.,aya City Council Meeting —Jury 23, 2006 • Paul Otto: Good evening Mayor and members of the council. I'm Paul Otto with Otto Associates, 9 West Division Street is my address, and staff report looks real fine. We're happy to see about the 20 foot easement. We will work with staff to work that out. The one thing that we would like to request is the additional right-of-way along Carver Beach Road. We'd like -to request that at this time we maintain it at the 20 foot. That would fall outside of the tree line, and basically keep what's there and at the time of future subdivision look at going to a 30 foot right- of-way if indeed. Our thought is that if this property does not split, there are some significant trees in that area and we'd like to try and make sure that they're preserved so that's kind of the reason for that. And I'm available for questions. Kate Aanenson: Can I address that? It's not our intent to build the street at this time but it's our intent to take it as a road easement so if we do widened that street, that it would be built at that time ... take down the trees and remove any at this time. We want to dedicate that as a road easement so if we did, build the road, which we intend to and... So this is Carver Beach Road. This is the area that we're talking about that would be an additional, right now it's at 20 feet. To get to 50 feet, which we took on the Big Woods subdivision, we're just saying we want to look at a condition of approval it states that there be an additional 10 feet as a roadway easement. So we wouldn't have to remove any trees or anything at this time but at such time in the future that we decided to upgrade that road. Mayor Furlong: What are the consequences of, or a situation that would present itself if that's not taken at this time? Kate Aanenson: Then they'd probably have to come and say that we wanted to upgrade the road if the rest of this came in and we had that missing link. Mayor Furlong: Okay. Thank you. Are there any questions? Okay. Anyone else that would like to speak at the public hearing on this matter? No? If not then, I'll close the public hearing and bring it back to council. Councilman Peterson. Councilman Peterson: Seems like a fair presentations... any substantial issues. I think the one that the applicant brought up, and to Kate's point, if we don't do it now it's going to cost us money later and we're not going to take out the trees until we need to so. Mayor Furlong: Okay, thank you. Any other comments. Councilwoman Tjomhom. Councilwoman Tjomhom: I watched, laid in bed and watched the Planning Commission meeting regarding this issue. I think they did a good job smoothing out all the wrinkles and getting it ready for us tonight. Mayor Furlong: Okay. Councilman Lundquist, any comments? Councilman Lundquist: Just good to see that we're, staff is looking ahead putting that road in there for access for the future and looking at that will simplify down the road if it does divide, great. If it doesn't, then nothing will be done so it's good to look at that now and take out some 0 City Council Meeting — January 23, 2006 • of these long driveways, narrow roads, shared driveway issues that we come up with, especially in this area so. I think it's reasonable and with the conditions in here. Mayor Furlong: Thank you. Councilman Labatt. No additional comments? Councilman Labatt: No. Mayor Furlong: Okay, thank you. I won't repeat. I would concur with Councilman Peterson and Lundquist as well. We're planning ahead. We're doing this at this time to try to make the situation easier down the road. That's what planning's all about so I'll commend staff. If there's no additional comments or follow up questions, is there a motion on this matter? Councilman Peterson: Motion to approve as submitted by staff. Mayor Furlong: Thank you. Is there a second? Councilman Lundquist: Second. Mayor Furlong: Made and seconded. Any discussion on that? Hearing none, we'll proceed with the vote. Resolution #2006-08: Councilman Peterson moved, Councilman Lundquist seconded that the City Council approves the metes and bounds subdivision (#06-02) of 2.18 acres into two lots as shown on plans stamped "Received January 5, 2006", subject to the following conditions: Detailed grading, drainage, erosion control and tree removal plans are to be submitted to the City for review and approval with the building permit application for Parcel B, or with the subdivision application if Parcel B is incorporated into a future development proposal, whichever comes first. 2. Park dedication dollars will be required in lieu of land dedication for one new lot (I lot x $4,000 per lot = $4,000). The sewer and water hookup charges for Parcel B will be payable with the building permit application or assessed with the property taxes. 4. The survey must be revised to dedicate a 30 foot wide roadway, drainage and utility easement over the east half of Carver Beach Road, measured from the centerline of Carver Beach Road. 5. Parcel B will be specially assessed $10,000 for the street. The assessment will be deferred without interest until the street is constructed. When the deferment ends, the assessment shall be paid over a five year period at 8% interest. 45 City Council Meeting — J • 23, 2006 • 6. The applicant shall enter into the attached Development Contract and Special Assessment Agreement. 7. Standard drainage and utility easements shall be dedicated to the city as described in the UTILITIES section of the staff report. 8. The plans must be revised to show the exact location of the existing utilities (watermain and sanitary sewer) and easements. Additional easements may be required as described in the UTU-XI ES section of the staff report. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Kate Aanenson: Thank you. This request is for site plan approval, variance free. It's a request for approximately 6,800 square feet of restaurant located at the corner of Highway 5 and Century Boulevard. This site has been identified as a restaurant and was put into place when we actually put the, oops move in a little bit on that. So this would be Highway 5 and Century Boulevard. This is where the Holiday Inn sits. When Holiday Inn went in we actually anticipated and they rough graded for that site and always anticipated a restaurant so we're pleased to bring one forward for you tonight. Just wanted to give you a couple other background issues that were some points of discussion and looking at the picture of this property, again I mentioned the rough grading that when this project came in, the staff actually, the engineering department actually undertook the curb cut issue on Century Boulevard. There is a tittle bit of a concern about that but I know we did adequate, this piece has always topographically separated from the rest of this. This is our natural area that we preserved. It's beautiful views looking out the hotel side and the restaurant seating. We believe it's a really nice asset that really gets the best use of circulation we provided for a curb cut in there. If you go down to Corporate Place, that is actually would be how you would get to Lifetime Fitness, so they're not on the same road access wise but eventually they may get on Century Boulevard. So if you look at in the staff report there is some discussion regarding the conditions of approval that we're monitoring that and that's one of the items we're actually going to do some traffic counts and bring back to the Planning Commission to see what the actual traffic modeling for that is fulfilling that after the restaurant would be built and kind of see how that's functioning. Again that was a big issue. So with that back drop, talk a little bit specifically about the site itself. It's a unique... It's unique in the fact that there's that larger berm in front so what the developer or the architect actually made a more vertical roof line on the site to actually provide for the berm that's in front. Has some interesting orientation. This would be the, if you can see that, maybe you can just zoom in... This would be the drop off area or the drive through for the Holiday Inn. So there's easy sidewalk access to get to that. There's also additional sidewalks to get to the back of the building. There is a trail ... that trail was put in place ... which is again a really nice asset for people staying in that area. The restaurant itself has a nice fire pit on the outside, and then also has nice seating around the perimeter. So there is some shared parking that was set up in place between the two pieces at the Holiday Inn and the Lni CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 06-02 NOTICE IS HEREBY GI V EN that the Chanhassen City Council will hold a public hearing on Monday, January 23, 2006, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purposeof this hearing is to consider a request for a Metes and Bounds Subdivision with Variances on property located at 630 Carver Beach Road. Applicant: Paul and Andrea Eidsness. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Sharmeen A1Jaff, Senior Planner Email: saljaff@ci.chanhassen.mmus Phone: 952.227- 1139 (Published intheChanhassen Villager on Thursday, January 12, 2006: Na. 4569) 0 0 Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended (B) The printed public notice that is attached to this Affidavit and identified as No.: s / was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstuvwxy�z� Laurie A. Hartmann Subscribed and sworn before me on tZ this 1�day of 2006 2006 Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter ................................ $40.00 per column inch Rate actually charged for the above matter ........ ............................... $11.51 per column inch SCANNED cZ City of Chanhassen 7700 Market Boulevard �p�q Chanhassen, MN 55317 U1110F (952) 227-1100 Date: January 9, 2006 To: Development Plan Referral Agencies From: Planning Department By: Sharmeen Al-Jaff, Senior Planner Subject: PAUL & ANDREA EIDSNESS: Request for a Metes and Bounds Subdivision with Variances on property located at 630 Carver Beach Road. Planning Case: 06-02 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on January 4, 2006. The 60 -day review period ends March 5, 2006. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen City Council on January 23, 2006 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than January 12, 2006. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Mimregasco acpnteo CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NIINNESOTA DATE: January 23, 2006 RESOLUTION NO: 2006-08 MOTION BY: Peterson SECONDED BY: Lundquist A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION CREATING TWO LOTS WHEREAS, Paul T. and Andrea S. Eidsness have requested a metes and bounds subdivision of land located north of Big Woods Boulevard, west of Carver Beach Road and east of Lotus Lake into two lots of 41,222 square feet (0.9 acres) and 53,611 square feet (1.2 acres); and WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen City Code. NOW, THEREFORE, BE rr RESOLVED that the Chanhassen City Council hereby approves a metes and bounds subdivision creating two lots as shown on the plans dated "Received January 5, 2006", as described in Planning Case 06-02, subject to the following conditions: Detailed grading drainage, erosion control, and tree removal plans are to be submitted to the City for review and approval with the building permit application for Parcel B, or with the subdivision application if Parcel B is incorporated into a future development proposal, whichever comes fust. 2. Park dedication dollars will be required in lieu of land dedication for one new lot (1 lot z $4,000 per lot = $4,000). 3. The sewer and water hookup charges for Parcel B will be assessed with the building permit application. 4. The survey must be revised to dedicate a 30 -foot wide roadway, drainage and utility easement over the east half of Carver Beach Road, measured from the centerline of Carver Beach Road. 5. Parcel B will be specially assessed $10,000.00 for the street. The assessment will be deferred without interest until the street is constructed. When the deferment ends, the assessment shall be paid over a five-year period at 8% interest. SCANNED r 6. The applicant shall enter into the attached Development Contract and Special Assessment Agreement. Passed and adopted by the Chanhassen City Council this 23`d day of January, 2006. ATTEST: J„Vlluri_a`��YES NO AB� Furlong None None Labatt Lundquist Peterson Tjomhom r 0 Location Map Eidsness Metes & Bounds Subdivision Planning Case No. 06-02 630 Carver Beach Road City of Chanhassen Beach Meadow Green Park Lotus Lake Subject Property SCANNED 0 0 Carver County GIS Mapping Application ri■iiii ■ , `•���, ��, it '� .�� Its q■ �•�CamrC +� in Copyryht ®2005, liner Ca�nry, qin I.egend Road len U5 Hgholys „' sas lkghaays NCSAH Map Created on: Cwmy Roads ..� 1-11-2006 Lakes Carver Pimf" County Mnial Phdo 7007 This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not responsible for any inaccuracies contained herein. SCANNED CITY OF CIIANIIASSEN 7700 Market Boulevard PO Boz 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952227.1110 Building Inspections Phone: 952 227.1180 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: 952227.1120 Fax: 952.227.1110 Recreation Center 2316 Coulter Boulevard Phone: 952.227.1406 Fax: 952227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ca.chanhassen.mn.us 0 , -aa February 10, 2006 Mr. John Rice Rice law Firm, Chartered P. O. Box 1180 Chanhassen, Minnesota 55317-0118 Re: City of Chanhassen - Paul T. Eidsness and Andrea S. Eidsness Planning Case No. 06-02 Dear Mr. Rice: This letter is to formally notify you that on January 23, 2006, the City Council adopted the following motion: "The City Council approves the metes and bounds subdivision (#06-02) of 2.18 acres into two lots, as shown on plans stamped "Received January 5, 2006", subject to the following conditions: 1. Detailed grading, drainage, erosion control, and tree removal plans are to be submitted to the City for review and approval with the building permit application for Parcel B, or with the subdivision application if Parcel B is incorporated into a future development proposal, whichever comes first. 2. Park dedication dollars will be required in lieu of land dedication for one new lot (1 lot x $4,000 per lot = $4,000). 3. The Sewer and Water hookup charges for Parcel B will be payable with the building permit application or assessed with the property taxes. 4. The survey must be revised to dedicate a 30 -foot wide roadway, drainage and utility easement over the east half of Carver Beach Road, measured from the centerline of Carver Beach Road. 5. Parcel B will be specially assessed $10,000.00 for the street. The assessment will be deferred without interest until the street is constructed. When the deferment ends, the assessment shall be paid over a five-year period at 8% interest. 6. The applicant shall enter into the attached Development Contract and Special Assessment Agreement. 7. Standard drainage and utility easements shall be dedicated to the city as described in the UTILITIES section of the staff report. SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gieal place to live, work, and play. 0 Mr. John Rice Eidsness Subdivision February 10, 2006 Page 2 0 8. The plans must be revised to show the exact location of the existing utilities (watermain and sanitary sewer) and easements. Additional easements may be required as described in the UTILITIES section of the staff report. Please find attached a Development Contract and Special Assessment Agreement, Grant of Temporary and Permanent Easements (Parcels A and B), Grant of Permanent Easements (Parcel A), Grant of Permanent Easements (Parcel B) and Notice of Land Combination for Zoning Purposes for your clients to sign and return to our offices for recording at Carver County. Signatures must be notarized. Also, all park fees must be paid prior to recording of these documents. If you have any questions, please feel free to contact me. Sincerely, Sharmeen AI-Jaff Senior Planner Enclosures &Apian\2006 planning cwm\06-02 eidsness t tes & bonnds subdivisimMetter of approval.doc E DEVELOPMENT CONTRACT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT dated 2006, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City'); and PAUL T. EIDSNESS and ANDREA S. EIDSNESS, husband and wife, (hereinafter referred to as the "Developer"). RECITALS A. The Developer has applied to the City for the subdivision of the land described on into two lots, one of which lots is legally described on the attached Exhibit "A" ("Assessed Parcel"). The City has approved the subdivision subject to certain conditions including that the Developer enter into this Agreement. B. As a condition of subdivision approval, the City required the construction of a street. The Developer has asked the City to construct the street as a public improvement project. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. Public Improvements. The City shall construct a public street in the public easement as described on Exhibit A ("Easement Premises'). Street construction may commence, in the City's discretion, upon the occurrence of any of the following events, whichever first occurs: when property immediately abutting the Assessed Parcel to the east is finther subdivided, when a building permit is issued for construction on the Assessed Parcel, when the property to the north of the Assessed Parcel is developed, or when the City determines it is appropriate to construct the street. 2. Surface Water Management Fees. As a condition of subdivision approval the Developer is required to pay a surface water quality fee of $2,383 and a surface water quantity fee of $5,987. The Developer has asked to defer payment of the fees until one of the events triggering the street construction referred to in paragraph 1 above occurs. 122866v02 AMP:2/10/06 0 • 3. Special Assessments. Parcel B is specially assessed for: (1) street project in the amount of $10,000.00; (2) the surface water quality fee in the amount of $2,383; and (3) the surface water quantity fee in the amount of $5,987. The assessments shall be deemed adopted on the date this Agreement is approved by the City Council. The assessments shall be deferred without interest until the street is constructed. When the deferment ends, the assessments shall be paid over a five (5) year period, together with interest commencing as of the date the deferment ends at a rate of eight percent (8%) per year on the unpaid balance. 4. Waiver. The Developer waives any and all procedural and substantive objections to the improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the property, and further waives any appeal rights otherwise available pursuant to M.S.A. § 429.081. IN WITNESS WHEREOF, this Agreement was executed by the parties the day and year first above written. CITY OF CHANHASSEN M AND Thomas A. Furlong, Mayor Todd Gerhardt, City Manager/Clerk DEVELOPER: Paul T. Eidsness Andrea S. Eidsness 122866v02 2 AMP:2/10/06 r STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2006, by Thomas A. Furlong and by Todd Gerhardt, 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 STATE OF MINNESOTA ) (SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2006, by Paul T. Eidsness and Andrea S. Eidsness, husband and wife. Notary Public DRAFTED BY: CAMPBELL. KNU SON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 RNK 122866v02 AMP:2/10/06 EXHIBIT "A" TO DEVELOPMENT CONTRACT AND SPECIAL ASSESSMENT AGREEMENT ASSESSED PARCEL: Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the recorded plat thereof. O That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. 122866v02 4 AMP -2/10/06 EASEMENT PREMISES: A permanent easement for public roadway, drainage and utility purposes over, under and across the East 50.00 feet of the above-described property. 122s66v02 AMP:2/10/06 0 GRANT OF TEMPORARY AND PERMANENT EASEMENTS PAUL T. EIDSNESS and ANDREA S. EIDSNESS, husband and wife, "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, a temporary construction easement over, on, across, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ("Temporary Easement Premises"). TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, servants and assigns, commencing upon execution of this document and expiring 90 days after the date of acceptance by the City of Chanhassen of the completion of the contemplated roadway, sewer, water, curb, gutter and utility installation within the Permanent Easement Premises, hereinafter described, together with the right of ingress to and egress from the temporary easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns. Grantors hereby grant the uses herein specified without divesting themselves of the right to use and enjoy the above described Temporary Easement Premises, subject only to the right of the City to use the same for the purposes herein expressed. The City, its agents and assigns, will restore the Temporary 123382 • 0 Easement Premises to a condition as nearly equal as possible to that which existed prior to construction or maintenance authorized hereunder within a reasonable time after completion of that construction. It is agreed, however, that trees, shrubs, and other plants will not be replaced and that the City will not be responsible for payment of damages resulting from the removal of or damage to trees, shrubs and other plants. FURTHERMORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantors do hereby grant unto the City, its successors and assigns, forever, a permanent easement for public roadway, drainage and utility purposes over, across, on, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ("Permanent Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway, drainage and utility systems over, across, on, under, and through the Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway, drainage and utility easements. Upon any dedication in a plat that includes the property burdened by the Permanent Easement Premises to the public for public roadway purposes, this Grant of Easements shall cease to be carried as a memorial on the Certificate of Title for the parcel burdened by the easement. The above named Grantors, for themselves, their heirs and assigns, do covenant with the 123382 0 City, its successors and assigns, that they are well seized in fee title of the above described Permanent and Temporary Easement Premises; that they have the sole right to grant and convey the easements to the City; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this day of 2006. Paul T. Eidsness Andrea S. Eidsness STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2006, by Paul T. Eidsness and Andrea S. Eidsness, husband and wife, Grantors. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTsoN Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh 123382 EXMrr "A" TO GRANT OF TEMPORARY AND PERMANENT EASEMENTS (Parcel A and B) A permanent easement for public roadway, drainage and utility purposes over, under and across the East 50.00 feet of the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and conning from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. Together with a temporary easement for construction purposes over, under and across the West 20.00 feet of the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: 123382 Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Easterly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. 123382 5 0 0 GRANT OF PERMANENT EASEMENTS PAUL T. EIDSNESS and ANDREA S. EIDSNESS, husband and wife, "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, a permanent easement for public roadway, drainage and utility purposes over, across, on, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ("Permanent Easement Premises'). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway, drainage and utility systems over, across, on, under, and through the Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway, drainage and utility easements. The above named Grantors, for themselves, their heirs and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described Permanent Easement Premises; that they have the sole right to grant and convey the easements to 123383 the City; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this day of 2006. GRANTORS: Paul T. Eidsness Andrea S. Eidsness STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2006, by Paul T. Eidsness and Andrea S. Eidsness, husband and wife, Grantors. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTsoN Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651452-5000 AMP/cjh 123383 0 0 EDIT "A" TO GRANT OF PERMANENT EASEMENTS (Parcel B) Together with a permanent easement for public roadway purposes over, under and across the West 30.00 feet of the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fem Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. Together with a permanent easement for public drainage and utility purposes over, under and across the West 10.00 feet of the East 60.00 feet, the East 10.00 feet of the West 40.00 feet, the North 5.00 feet and the South 10.00 feet lying Westerly of the East 60.00 feet and Easterly of the West 40.00 feet of the following described property: Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the 123383 0 0 recorded plat thereof. AND That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. 123383 4 0 0 GRANT OF PERMANENT EASEMENTS PAUL T. EIDSNESS and ANDREA S. EIDSNESS, husband and wife, "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, a permanent easement for public roadway, drainage and utility purposes over, across, on, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ("Permanent Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway, drainage and utility systems over, across, on, under, and through the Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway, drainage and utility easements. The above named Grantors, for themselves, their heirs and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described 123385 L 0 Permanent Easement Premises; that they have the sole right to grant and convey the easements to the City; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this day of 2006. D 174W001 Paul T. Eidsness Andrea S. Eidsness STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2006, by Paul T. Eidsness and Andrea S. Eidsness, husband and wife, Grantors. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUISON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh 123385 0 0 EDIT "A" TO GRANT OF PERMANENT EASEMENTS (Parcel A) A permanent easement for public drainage and utility purposes over, under and across the West 10.00 feet, the North 5.00 feet and the South 5.00 feet of the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high watermark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the fiat course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Easterly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. Together with a 23.00 foot permanent easement for sanitary sewer and watermain purposes over, under and across the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, 123385 0 0 Minnesota described as follows: Beginning at a point in the center line of Lake View Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lake View Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and Homing from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Sections 1 and 12 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 955 feet plus or minus to the center line of Lake View Drive; thence North 22 degrees 21 minutes 40 seconds West 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidenced by Certificate of Title No. 1726. Said easement being 13.00 feet to the right and 10.00 feet to the left of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fem Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 900.59 feet to the point of beginning of said line to be described; thence South 01 degrees 40 minutes 38 seconds East; thence South 13 degrees 54 minutes 28 seconds East, a distance of 3.32 feet to a line 100.00 feet at right angles from the North Line of said Section 12, and said line there terminating. The side lines of said easement shall terminate at the North line of Section 12 and at a line 100.00 feet at right angles from the North line of said Section 12. 123385 • 0 FILE NO.: 2006-02 PROPERTY OWNERS: Paul T. Eidsness and Andrea S. Eidsness LEGAL DESCRIPTION: See attached Exhibit "A" NOTICE OF LAND COMBINATION FOR ZONING PURPOSES DATE: February 10, 2006 LEGAL DESCRIPTION: Attached Exhibit "A" The property described in Exhibit "A" has been processed by the County Auditor as two or more separate real estate tax parcels. The purpose of this document is to notify the deed holder (including contract for deed vendor and vendee), successors and/or assigns that said property is considered one parcel for zoning purposes. Therefore, said parcel shall not be sold as less than one contiguous piece, as described in Exhibit "A", unless specific approval is provided by the City of Chanhassen Planning Department. The County Auditor has assigned the following parcel identification numbers to the property described in Exhibit "A": PID# 25-1090100 – Outlot A, Big Woods on Lotus Lake PID# STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this —day of 2006, by Sharmin Al-Jaff, Senior Planner for the City of Chanhassen. Notary Public Tms INSTRUMENT DRAFFED BY: CAMPBELL KNUTSON, P.A. Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 123404 0 0 EXHIBIT A - LEGAL DESCRIPTION PID # 25-1090100 OWNERS: Paul T. Eidsness and Andrea S. Eidsness DESCRIPTION: Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the recorded plat thereof PID # OWNERS: Paul T. Eidsness and Andrea S. Eidsness DESCRIPTION: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road 123404 2 0 0 and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. 123404 Lake Subject This map is neMm a legally mcmded map nor a survey and is M intended te be lead as one. This MP is a compilation of remrds, information and dela bested In wdcus My, county, slate and federal offices end other sources regarding tire area shown, and is te be used for reference purposes orgy. The Qty does not %wmnt that the Geographic Infomiaden System (GIS) Data used to prepare ties map are afar bee, and the Qty doea M mpresent that the GIS Data can be used for rlamplima, backing m MY other Plspose regirk19 exacting mmsurenlanl of distance or direction or precision in the depictim of geographic 161111m 0 encs or disaopencies ane fend Please contact 952-227-1107. The preceding disd8bW Is Prmided pnssaant te kin escla SlaWles §466.03. Subd. 21 (2000), and the user of ties map adewMedges that the City shat M be liable for any damages, and mWessy wawa ale dams, and ar agrees te defend, indaliy. and Md hasn"M the City from any and all daim aght brby deer , its employees ar agents. x Ourd parbas Mural ansa out of the usees axes «use of data provided. CITY OF CHANHASSEN 7700 Markel Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.ci.chan hassen. mn.us Notice of Public Hearing Chanhassen City Council Meeting Date & Time: Monday, January 23, 2006 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Metes and Bounds Subdivision with Variances. Planning 06-02 File: Applicant: Paul & Andrea Eidsness Property 630 Carver Beach Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Mayor will lead the public hearing What through the following steps: Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the City Council discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen AI-Jaff at 952-227-1134 or e-mail Questions & saliaff@ci.chanhassen.mn.us. If you choose to Comments: submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the City Council. The staff report for this item will be available online at http://206.10.76.6/weblink7 the Thursday prior to the City Council meeting. z U a CITY OF CHANHASSEN STAFF REPORT PC DATE: N/A CC DATE: January 23, 2006 REVIEW DEADLINE: March 2, 2006 CASE #: 06-02 BY: Al-Jaff PROPOSAL: Metes and Bounds Subdivision of a 2.18 acre (94,833.22 square feet) lot into two parcels with a right-of-way Variance. LOCATION: 630 Carver Beach Road (North of Big Woods Boulevard, West of Carver Beach Road and East of Lotus Lake) APPLICANT: Paul T. and Andrea S. Eidnsness tw 4395 Trillium Lane West Minnetrista, MN 55364 (952)949-9616 idricelawchanna.gwest.net PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential -Low Density (Net Density 1.2 - 4.0 units per acre) ACREAGE: 2.18 Acres DENSITY: 0.9 Units/Ac SUMMARY OF REQUEST: The applicant is requesting a Metes and Bounds Subdivision to split a 2.18 acre lot into two lots. Staff is recommending approval with conditions. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a lot split is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. Location Map Eidsness Lot Split Planning Case No. 06-02 City of Chanhassen r m�. Sarver Beach P Ta k, erosa nve touu—,Tlaq m \♦ o n m eO P�oW r Lotus Lake rea nes, Subject Property / I oo s d le an erpery Ckcle\ Meadow Green Park i ♦ Or % N �� i Bighorn s m 7 �9 Ig o en m �a` Eidsness Lot Split Planning Case No. 06-02 January 23, 2006 Page 2 PROPOSAL/SUMMARY The applicant is requesting a metes and bounds subdivision to subdivide 2.18 acres into two single- family lots. Parcel A contains a single-family home which is proposed to remain and parcel B will be reserved for future development. The property is zoned RSF, Residential Single Family, and is located north of Big Woods Boulevard, west of Carver Beach Road and east of Lotus Lake. Access to the site is currently gained via a shared driveway off of Carver Beach Road. This access is proposed to be maintained until such time when the property is further subdivided or built on. In such an event, a public street will be built between parcels A and B. This street is proposed to have a right-of-way width of 50 feet. The ordinance requires a 60 -foot right- of-way. Since all the streets within the surrounding area have a right-of-way width of 50 feet or less, staff is recommending a variance be granted for the subject site to allow the street to blend in with the surrounding area. The average lot size is 47,587 square feet with a resulting density of 0.9 units per acre. Both of the proposed lots meet the minimum area, width, and depth requirements of the Zoning Ordinance. There are no wetlands on the site. The site has mature trees. There are steep slopes along the easterly portion of the site; however, these slopes do not meet the bluff criteria. The City Council may approve a metes and bounds subdivision of a lot into two lots if both resulting lots meet the minimum requirements of the zoning ordinance and abut a public or private street. The applicant intends to sell the existing house (Parcel A) and keep Parcel B for future development. At this time, no development is proposed. This is a simple subdivision and staff is recommending that it be approved with a right-of-way width variance with conditions outlined in the staff report. Eidsness Lot Split Planning Case No. 06-02 January 23, 2006 Page 3 METES AND BOUNDS SUBDIVISION The applicant is proposing to subdivide 2.18 acres into two single-family lots. The density of the proposed subdivision is 0.9 units per acre. Both lots exceed the minimum area requirements for the district. Parcel A must maintain a minimum of 20,000 square feet (riparian lot), while parcel B must maintain a minimum of 15,000 square feet. The average lot size is 47,587 square feet. Both of the proposed lots meet the minimum width and depth requirements of the Zoning Ordinance. The applicant has provided hard surface coverage calculations for both parcels. They are as follows: Parcel A: Lot Area = 41,222 sq. ft. Hardcover Area = 8,083 sq. ft. = 19.6% Parcel B: Lot Area = 53,611 sq. ft. Hardcover Area = 4684 sq. ft. = 9.3% Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance. WETLANDS No jurisdictional wetlands exist on this property. SURFACE WATER MANAGEMENT FEES As a condition of subdivision approval the Developer is required to pay a surface water quality fee of $2,383 and a surface water quantity fee of $5,987. The Developer has asked to defer payment of the fees until one of the events triggering the street construction occurs (see STREETS on page 4 of the staff report). GRADING & DRAINAGE No proposed site grading has been shown on the plan. The applicant's intent is to sell Parcel A, which contains the existing home. A grading plan must be submitted with the building permit application for Parcel B, or with the subdivision application if Parcel B is incorporated into a future development proposal, whichever comes first. Based on the City's as -built information, there are existing sanitary sewer and water services to Parcels A and B that were installed in conjunction with the Big Woods on Lotus Lake project in 2001. There are no outstanding assessments for these services. The sewer and water hookup charges for Parcel B will be payable with the building permit application or assessed with the property taxes. Eidsness Lot Split Planning Case No. 06-02 January 23, 2006 Page 4 Per City ordinance, perimeter drainage and utility easements are required on both parcels. The drawing below illustrates the required easements. Those in grey are street and drainage and utility easements: 30 feet along Carver Beach Road and 50 feet between Parcels A and B. The cross -hatched areas are 10 -foot wide front yard drainage and utility easements. The hatched areas are 5 -foot wide side yard drainage and utility easements. The City's as -built information indicates that sanitary sewer and watermain lie within the eastern portion of Parcel A. The as-builts indicate that these utilities lie within a 20 -foot wide easement; however the utility location shown on the drawing indicates that the utilities may lie outside of the easement. The owner's surveyor must show the exact location of these utilities and the existing easement. Additional easement may be required, as shown in the dot -hatched area. Additional easement must lie 10 feet west of the sanitary sewer. sewer Watermain STREETS No streets or driveways have been proposed for this site. Parcel B is adjacent to Carver Beach Road. The survey must be revised to dedicate a 30 -foot wide roadway, drainage and utility Eidsness Lot Split Planning Case No. 06-02 January 23, 2006 Page 5 easement over the east half of Carver Beach Road, measured from the centerline of Carver Beach Road. The survey identifies a 50 -foot wide street and utility easement within Parcel B for the potential future construction of a street to the north. This street will be necessary to provide access to future subdivision of the properties to the north and will be constructed at the City's discretion when Parcel B is further subdivided, when a building permit is issued for construction on Parcel B, when the property to the north of Parcel B is developed, or when the City determines it is appropriate to construct the street, whichever occurs first. Parcel B will be specially assessed $10,000.00 for the street. The assessment will be deferred without interest until the street is constructed. When the deferment ends, the assessment shall be paid over a five-year period at 8% interest. The proposed project is within 1,000 feet of the ordinary high water level (OHW) of Lotus Lake and is therefore within the lake's shoreland district. Lotus Lake is classified as a recreational development lake by the Minnesota Department of Natural Resources (DNR). BLUFFS No bluffs exist on the site. PARK AND TRAIL Park dedication dollars will be required in lieu of land dedication for one new lot (1 lot x $4,000 per lot = $4,000). TREE PRESERVATION CALCULATIONS The applicant did not submit any information regarding canopy coverage calculations (including existing cover, proposed removal and proposed amount of preservation), tree survey, landscape plan or replacement plantings. Staff recommends that when the property is further subdivided or Parcel B requests a building permit, the following condition be applied: • The applicant shall submit canopy coverage, removal and preservation calculations, landscape plan, reforestation plan if necessary and a tree survey for the property. Eidsness Lot Split Planning Case No. 06-02 January 23, 2006 Page 6 COMPLIANCE WITH ORDINANCE - RSF DISTRICT SUBDIVISION - FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the City s comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance if the right-of-way variance was approved. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report. 4. The proposed subdivision makes adequate provision for water supply, stone drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause excessive environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Area (sq. ft.) Frontage (feet) Depth (feet) Setbacks: front, side, rear, Lake Code 15,000 Non Riparian 20,000 Riparian 90 125 30,10, 30, 75 Parcel A 41,564 100 402 30, 10, na, 75 Parcel B 53,611 100 497 30, 10, na, na Average 47,587 SUBDIVISION - FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the City s comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance if the right-of-way variance was approved. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report. 4. The proposed subdivision makes adequate provision for water supply, stone drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause excessive environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Eidsness Lot Split Planning Case No. 06-02 January 23, 2006 Page 7 Findin¢: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Findine: The proposed subdivision will have access to public utilities and streets. VARIANCE -FINDINGS As part of this request, a variance to allow a 50 -foot wide right-of-way is requested. The City Council may grant a variance from the regulations contained in the subdivision chapter as part of a subdivision approval process following a finding that all of the following conditions exist: 1. The hardship is not a mere inconvenience. 2. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land. 3. The condition or conditions upon which the request is based are unique and not generally applicable to other property. 4. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: Staff recommends the variances be approved as shown in plans received January 5, 2006, for the 50 -foot wide right-of-way to allow the street to blend in with the surrounding neighborhood. RECOMMENDATION Staff recommends the City Council adopt the following motion: "The City Council approves the metes and bounds subdivision (#06-02) of 2.18 acres into two lots, as shown on plans stamped "Received January 5, 2006", subject to the following conditions: 1. Detailed grading, drainage, erosion control, and tree removal plans are to be submitted to the City for review and approval with the building permit application for Parcel B, or with the subdivision application if Parcel B is incorporated into a future development proposal, whichever comes first. 2. Park dedication dollars will be required in lieu of land dedication for one new lot (1 lot x $4,000 per lot = $4,000). Eidsness Lot Split Planning Case No. 06-02 January 23, 2006 Page 8 3. The Sewer and Water hookup charges for Parcel B will be payable with the building permit application or assessed with the property taxes. 4. The survey must be revised to dedicate a 30 -foot wide roadway, drainage and utility easement over the east half of Carver Beach Road, measured from the centerline of Carver Beach Road. 5. Parcel B will be specially assessed $10,000.00 for the street. The assessment will be deferred without interest until the street is constructed. When the deferment ends, the assessment shall be paid over a five-year period at 8% interest. 6. The applicant shall enter into the attached Development Contract and Special Assessment Agreement. 7. Standard drainage and utility easements shall be dedicated to the city as described in the UTH,= section of the staff report. 8. The plans must be revised to show the exact location of the existing utilities (watermain and sanitary sewer) and easements. Additional easements may be required as described in the UTILITIES section of the staff report. ATTACHMENTS 1. Findings of Fact. 2. Resolution. 3. Development Contract and Special Assessment Agreement. 4. Development Application. 5. Affidavit of Mailing and Public Hearing Notice. 6. Certificate of Survey dated "Received January 5, 2006". 7. Possible Future Road Alignment Exhibit dated "Received January 11, 2006". gAplan\2006 planning cases\06-02 eidsness metes & bonds subdivision\metes and hounds staff report cc.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, AHNNESOTA FINDINGS OF FACT AND RECONMENDATION IN RE: Application of Paul T. and Andrea S. Eidsness for a Lot Split Planning Case 06-02 On January 23, 2006, the Chanhassen City Council met at its regularly scheduled meeting to consider the application of a metes and bounds subdivision to subdivide 2.18 acres into two single-family lots. The City Council conducted a public hearing on the proposed development which was preceded by published and mailed notice. The City Council heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned RSF, Single -Family Residential. 2. The property is guided in the Land Use Plan for Residential — Low Density (1.2 — 4.0 units per net acre). 3. The legal description of the property is attached as Exhibit A. 4. The Subdivision Ordinance directs the City Council to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a) The proposed subdivision is consistent with the zoning ordinance; b) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; C) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e) The proposed subdivision will not cause environmental damage; f) The proposed subdivision will not conflict with easements of record; and g) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1. Lack of adequate storm water drainage. 2. Lack of adequate roads. 3. Lack of adequate sanitary sewer systems. 4. Lack of adequate off-site public improvements or support systems. 5. Variances. The City Council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: a) The hardship is not a mere inconvenience. b) The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. c) The conditions upon which the request is based are unique and not generally applicable to other property. d) The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. The planning report Planning Case 06-02, dated January 23, 2006, prepared by Sharmeen Al-Jaff, et al, is incorporated herein. RECOMMENDATION The City Council approves the Metes and Bounds Subdivision. ADOPTED by the Chanhassen City Council this 23"d day of January, 2006. CHANHASSEN CITY COUNCIL. M Tom Furlong, Mayor gAplan\2006 planning cases\06-02 eidsness metes & bounds subdivisionV"indings of fact.dm EXHIBIT A PROPOSED PROPERTY DESCRIP 17ON PARCEL a 7hot port of Government Lot 6, Section 12, Township 716, Range 23, Carver County, Minnesofo, described as follows: Beginning of a point In the center fine of Lakeview Drive, distant 24J.518 feet on a bearing of South 21 degrees 21 minutes 40 seconds Cost, from the point formed by the intersecOon of the center lines of Fern Rood and Lakeview Drive, as designated and deRneoted on the Map of Carver Beach, of Long take, according to the plot thereo on Me and of record In the office of the Registrar of rrUes In and for sold County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and olong the division Rne between Section 1 and 13 of Corer County to the high water mork of Long Lake; thence In a Southeasterly direction along the high water mark of Long Lake 175 feet plus or minus to o point 700 feet of right angles to the first course when sold course is projected Easterly, thence Northerly 89 degrees J1 minutes 29 seconds Wast 965 feet plus or minus to the canter line of Lakeview Drive; thence North 22 degrees 27 minutes 40 seconds West, 108.505 feet to the point of beginning, being o port of Government Lot No. 6, Section 12, Township 116, Range 2.3, same being registered land as evidence by Certificate of title No. 7726, Carver County, State of Minnesota. That lies Easterly of c line, described as follows. Commencing of a point ir, the center line of Lokevlow Drive, dfstont 243.518 feet on o beoring of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection Of the center Nnes of Fern Rood and Lakeview Drive, as designated and deilneoted on the Map of Carver Beach, of Long Lake, according to the plat thereof, on Me and of record fn the office of the Registrar of Mies In and for said County and State of Minnesota; and running from thence South 89 degrees Jf minufes 29 seconds East along the North line of said Section t2, a distance of 530,06 feet to the point of beginning of sold line to be described; thence South OJ degrees 01 minutes J2 seconds to a polof 100.00 feet of right ong." ,Mom the South Llne of said Section 1, and sold Line there terminaling, Page 1 of 2 EXHIBIT A PROPOSED PROPERTY D£SCRIPTIOY PARCEL B: Outlot A, BIG AVODS ON LOTUS LAKE, Carver County, Minnesota, according to the recorded plat thereof. ELM fiat part of Government Lot 6, Section 12, township 116, Range 23, Carver County, Minnesota, described as Wows Beginning of a point M the center line of Lakeview Drive, distant 24..7518 feet on c bearing of South 22 degrees 21 minutes 40 seconds fast, from the point farmed by the intersection of the center linea of Fern Road and Lakeview Drive, as designated and delineated on the Mop of Carver Beach, of Long Lake, according to the pial thereof, on fie and of record in the offke of the Registrar of Titles in and for said County and State of Mlnnesoto; and running from thence South 89 degrees 31 minutes 29 seconds fast 950 feet Pius or minus In and along the division flne between Section 1 end 23 of Carver County Jo the high .voter mark of Long Lake; thence 1n a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a polnt 100 feet at night angles to the ('rot course when sold course 13 protected Eosten'y, thence Northerly 89 degrees 3f minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview D.rJve; thence North 22 degrees 21 minutes 40 seconds West, 108505 feet to the point of beginning, being a part of Government Lot No. 6, Section. 12, Township 116, Range 23, some being registered lend as eyfdence by Certificate of :Itle No_ 1726, Carver County, State of Minnesota. That Iles Westerly of a line described as follows! Commencing at a polnf In the center Nne of Lokeview Drive, distant ?43.518 feet on o bearing of South 22 degrees 21 minutes 40 seconds £ost, from the point formed by the lniersectlan of the center lines of Fern Road and Lokevfew Drive, as designated and delineated on the Mop of Carver Beach, at Long Lake, according to the plot thereof, on RIe and of record in the office of the Registrar of Thies in and for said County and State of Mlnnesoto; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of sold Section 12, a distance of 530.06 feet 0 the paint of beginning of solo 'Me to be described; thence South 03 degrees 01 minutes 37 seconds to a point 100.00 feet at right angles from the South Line of sold Section 1, cnd sold line there terminating. Page 2 of 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: January 23, 2006 RESOLUTION NO: 2006 - MOTION BY: SECONDED BY: A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION CREATING TWO LOTS WHEREAS, Paul T. and Andrea S. Eidnsness have requested a metes and bounds subdivision of land located north of Big Woods Boulevard, west of Carver Beach Road and east of Lotus Lake into two lots of 41,222 square feet (0.9 acres) and 53,611 square feet (1.2 acres); and WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen City Code. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves a metes and bounds subdivision creating two lots as shown on the plans dated "Received January 5, 2006", as described in Planning Case 06-02, subject to the following conditions: 1. Detailed grading drainage, erosion control, and tree removal plans are to be submitted to the City for review and approval with the building permit application for Parcel B, or with the subdivision application if Parcel B is incorporated into a future development proposal, whichever comes first. 2. Park dedication dollars will be required in lieu of land dedication for one new lot (I lot x $4,000 per lot = $4,000). 3. The sewer and water hookup charges for Parcel B will be assessed with the building permit application. 4. The survey must be revised to dedicate a 30 -foot wide roadway, drainage and utility easement over the east half of Carver Beach Road, measured from the centerline of Carver Beach Road. Parcel B will be specially assessed $10,000.00 for the street. The assessment will be deferred without interest until the street is constructed. When the deferment ends, the assessment shall be paid over a five-year period at 8% interest. 6. The applicant shall enter into the attached Development Contract and Special Assessment Agreement. Passed and adopted by the Chanhassen City Council this 23`d day of January, 2006. ATTEST: YES NO ABSENT g9plan\2006 planning cases\06-02 eidsness metes & bounds subdivisiontresolution.doc DEVELOPMENT CONTRACT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT dated 2006, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"); and (hereinafter referred to as the "Developer"). RECITALS A. The Developer has applied to the City for the subdivision of the land described on the attached Exhibit "A" ("Parent Parcel") into two lots, Parcel A and Parcel B, also described on the attached Exhibit "A". The City has approved the subdivision subject to certain conditions including that the Developer enter into this Agreement. B. As a condition of subdivision approval, the City required the construction of a street. The Developer has asked the City to construct the street as a public improvement project. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. Public Improvements. The City shall construct a public street in the public easements between Parcel A and Parcel B. Street construction may commence, in the City's discretion, upon the occurrence of any of the following events, whichever first occurs: when Parcel B is further subdivided, when a building permit is issued for construction on Parcel B, when the property to the north of Parcel B is developed, when the City determines it is appropriate to construct the street. 2. Surface Water Management Fees. As a condition of subdivision approval the Developer is required to pay a surface water quality fee of $2,383 and a surface water quantity fee of $5,987. The Developer has asked to defer payment of the fees until one of the events triggering the street construction referred to in paragraph 1 above occurs. 122866v01 RNK:01/11!2006 3. Special Assessments. Parcel B is specially assessed for: (1) street project in the amount of $10,000.00; (2) the surface water quality fee in the amount of $2,383; and (3) the surface water quantity fee in the amount of $5,987. The assessments shall be deemed adopted on the date this Agreement is approved by the City Council. The assessments shall be deferred without interest until the street is constructed. When the deferment ends, the assessments shall be paid over a five (5) year period, together with interest at a rate of eight percent (8%) per year on the unpaid balance. 4. Waiver. The Developer waives any and all procedural and substantive objections to the improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the property; and further waives any appeal rights otherwise available pursuant to M.S.A. § 429.081. IN WITNESS WHEREOF, this Agreement was executed by the parties the day and year first above written. CITY OF CHANHASSEN PW U01 Thomas A. Furlong, Mayor Todd Gerhardt, City Manager/Clerk DEVELOPER: 9W Its 122866v01 2 RNK:01/112006 STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2006, by Thomas A. Furlong and by Todd Gerhardt, 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 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2006, by DRAFCED BY: CAMPBELL KNMON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 RNK 122866vO1 RNK:01/11/2006 Notary Public EXHIBIT KA" TO DEVELOPMENT CONTRACT AND SPECIAL ASSESSMENT AGREEMENT PARENT PARCEL: PARCEL A: PARCEL B: 122866v01 4 RNK:01/I 1/2006 PRINI CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 Planning Case No. U/4— 0a. CITY OF CHANHASSEN RECEIVED JAN 0 4 2006 CHAWNSEN PLANNING DEPT DEVELOPMENT REVIEW APPLICATION Name and Address: 1 • MAI • • • 'Rjp • • F . ...F1 .. ii Phone: Email: and Address: Fax: C 1 ICCX' q2_%1 NOTE: Consultation with Citv staff is required nrior to submittal. including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review* _ Subdivision* 1$ -3'1 Exemption (02po Temporary Sales Permit Vacation of Right-of-Way/Easements C Variance(VAR) (r -49-0b Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign** - $75 + $100 Damage Deposit X Escrow for Filing Fees/Attorney Cost*** - $50.CUP/SPRNACNARIWAP/Metes R Bounds - $450 Minor SUB V15 TOTAL FEE $ UV%w-n& + 15 0 10 Anadditional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 1111 reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. ***Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: and Rim,jncL ' L hal 1 J ;5 i n n LOCATION: LEGAL DESCRIPTION: 016,,-htd ShCe+ TOTAL ACREAGE: a+ WETLANDS PRESENT: YES X NO PRESENT ZONING: Si na lei Family 'Rs id n+ej l REQUESTED ZONING: 0+ a j121;cable PRESENT LAND USE DESIGNATION: DOI C P12 I i Cab ie — REQUESTED LAND USE DESIGNATION: ne)+ G10nl'l Cry b I n REASON FOR REQUEST: 150pay-d- i 011 CE fY1 les rind hat, nils Cle,Scribr-A 1A1 n +W0 Se-narn+ ID±s This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Tile or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant Signature of Fee Owner &Mr -W& Date Date a"' (r�Qct tah o^r � a s fi V_& -t SCANNED G:lp1an\forms\D&f60fi'eirt Review Applimbon.DOC Rev. 11/05 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on January 12, 2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Eidsness Metes & Bounds Subdivision — Planning Case No. 06-02 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this 11±" day of ZlLn� c� 2006. . 1 Not ub 'c KarSh J. En th rdt, Deputy Clerk ,�a'"='' � KIM T. MEUWISSEN s. � Notary Public -Minnesota ''�............"� My Canmlesion Ezgres Jan 31, 2010 Notice of Public Hearing Chanhassen City Council Meeting Date & Time: Monday, January 23, 2006 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Metes and Bounds Subdivision with Variances. Planning 06-02 File: 06-02 Applicant: Paul & Andrea Eidsness Property 630 Carver Beach Road Location: A location mapis on the reverse side of this notice. Location: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Mayor will lead the public hearing What through the following steps: Happens at 1Staff will give an overview of the proposed the Meeting: project. the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the City Council discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen AI-Jaff at 952-227-1134 or e-mail Questions & saliaff@ci.chanhassen.mn.us. If you choose to Comments: submit written comments, it is helpful to have one Comments: copy to the department in advance of the meeting. Staff will provide copies to the City Council. The staff report for this item will be available online at http://206.10.76.6/weblink7 the Thursday prior to the City Council meeting. Notice of Public Hearing Chanhassen City Council Meeting Date & Monday, January 23, 2006 at 7:00 p.m. Time: Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Metes and Bounds Subdivision with Proposal: Variances. Planning 06-02 File: Applicant: Paul & Andrea Eidsness Property 630 Carver Beach Road A location mapis on the reverse side of this Location: notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Mayor will lead the public hearing What through the following steps: Happens at 1 Staff will give an overview of the proposed the Meeting: project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the City Council discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen AI-Jaff at 952-227-1134 or e-mail Questions & saliaff@ci.chanhassen.mn.us. If you choose to Comments: submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the City Council. The staff report for this item will be available online at httP://206.10.76.6/weblink7 the Thursday prior to the Cit Council meeting. Lake Subject ii orleitrer This map is neither a legally recorded map nor a wrvey and ei not intended M be used as one. This map is a compilation of records, information and data located in various city, county, stale and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The Gty does not warrant Mat Me Geographic Information System (GIS) Daly used to prepare this map are error free, and Me City does rwt represent Mel Me GIS Data can be used for naNgational, traolcing or any other purpose requiring exacting measurement of distance or direction or precision in Me depiction of geographic features. If enurs or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Mnnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless Me Cty from any and all claims brought by User, its employees or agents, or third parties which arse out of Me users access or use of data Provided. Lake Subject Property Ties map is neither a legally recorded map nor a wrvey and is not intended to be used as one. This map is a Compilation of records, information and data located in various city, county, state and federal offices and other sources regartkng Me area shown, and is to be used for reference purposes only. The City does not warrant Mat Me Geographic Information System (GIS) Data used to prepare Mis map are error free, and Me Cry does not represent Mal Me GIS Data can be used fpr navigational, backing or any other purpose requiring exacting measurement of distance or direction or precision in Me depiction of geographic features. If errors or discrepancies are found please correct 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and Me user of this map acicnoMedges Mal Me Cty shall not be liable for any damages, and expressly waives all claims, and agrees to defend indemnity, and hcitl harmless Me City from any and all claims brought by Use, its employees or agents, or third parties which arse out of the users access or use of data provided. CARVER BEACH PROPERTIES PATRICK T & DEBRA JO MCRAITH CRAIG & MARY E RHATIGAN C/O ADRIAN JOHNSON 6900 LOTUS TRL 599 BROKEN ARROW DR 332 2ND ST CHANHASSEN , MN 55317 -9559 CHANHASSEN . MN 55317 -9569 EXCELSIOR, MN 55331 -1806 MICHAEL O'KELLY JOSEPH G III & BARBARA C BETZ ERNEST F PIVEC 685 CARVER BEACH RD 6940 LOTUS TRL 5060 MEADVILLE ST CHANHASSEN , MN 55317 -2101 CHANHASSEN , MN 55317 -9559 EXCELSIOR, MN 55331 -8788 STEVEN B MEZZENGA RANDY SCHLUETER JAMES V & MARY L FRERICH 33316 MEZZENGA LN 580 FOX HILL DR 651 BROKEN ARROW DR CROSSLAKE , MN 56442 -2801 CHANHASSEN . MN 55317 -9538 CHANHASSEN , MN 55317 -9569 RICKI LEE HALE & STEVEN C & SHARON L ASH ROBERT IAN AMICK DEEANN WALLENTINE-HALE 671 BROKEN ARROW DR 581 FOX HILL DR 600 FOX HILL OR CHANHASSEN , MN 55317 -9569 CHANHASSEN . MN 55317 -9538 CHANHASSEN . MN 55317 -9512 KIRK N FRIEDLINE JEFFREY L KLEINER CONSTANCE M CERVILLA 620 FOX HILL DR 655 CARVER BEACH RD 650 CARVER BEACH RD CHANHASSEN , MN 55317 -9512 CHANHASSEN , MN 55317 -2101 CHANHASSEN , MN 55317 -2101 JON ALAN LANG KENNETH W & COLLEEN J VERMEER PHILIP M HANSON 640 CARVER BEACH RD 730 PREAKNESS LN 621 CARVER BEACH RD CHANHASSEN , MN 55317 -9428 CHANHASSEN . MN 55317 -9238 CHANHASSEN , MN 55317 -2101 BRYAN & JENNIFER GRIMM PAUL T EIDSNESS & PAUL T & ANDREA S EIDSNESS 720 PREAKNESS LN ANDREA S JOHNSON 4395 TRILLIUM LN W CHANHASSEN , MN 55317 -9238 4395 TRILLIUM LN W MOUND, MN 55364 -7713 MOUND. MN 55364 -7713 MATTHEW T & LISA A KOEPPEN CURTIS W & NOELLE W SWENSON CHRISTOPHER S CHARLSON & 5410 GROVE ST597 BIG WOODS BLVD SHARIE L CHARLSON EDINA, MN 55436 -2210 CHANHASSEN , MN 55317 -4504 CH BIG WOODS BLVD ANHASSEN. MN 55317-1899 RICHARD M GORRA RICHARD A & LISA K SHEA ROBERT C HUIBREGTSE & 8201 STONE CREEK DR 533 BIG WOODS BLVD BETSY A SWEDLUND CHANHASSEN , MN 55317 -7414 CHANHASSEN , MN 55317 -4504 565 BIG WOODS BLVD CHANHASSEN , MN 55317 -4504 JOHN H L ODOM JR GREG & MARIA LINDSLEY DAVID O & RACHEL A IGEL BARBARA A F ODOM 500 BIG WOODS BLVD 501 BIG WOODS BLVD 18884 MAPLE LEAF DR CHANHASSEN , MN 55317 -4504 CHANHASSEN , MN 55317 -4504 EDEN PRAIRIE. MN 55346 -3332 DEAN R & DENISE T PRESTON DOYLE R & LINDA N HONSTAD JOHN H & CYNTHIA K RIDLEY 606 CARVER BEACH RD 600 BIGHORN DR 590 BIGHORN DR CHANHASSEN, MN 55317 -2101 CHANHASSEN , MN 55317 -8806 CHANHASSEN, MN 55317 -6605 DALE& PAMELA STAHL 580 BIGHORN DR CHANHASSEN, MN 55317 -8805 FRANK P & BONNIE L FILKO 550 BIGHORN DR CHANHASSEN, MN 55317 -8805 CHARLES & ANNETTE BUENGER 520 BIGHORN DR CHANHASSEN, MN 55317-8805 RICHARD J & JUDITH L WILLIAMS 570 BIGHORN DR CHANHASSEN. MN 55317 -8805 GEORGENE M SORENSEN 540 BIGHORN DR CHANHASSEN, MN 55317 -8805 ZACHARY A & JENNIFER L HARRIS 510 BIGHORN DR CHANHASSEN, MN 55317 -8805 ARMIN C & NANCY E DREISSIGER 560 BIGHORN DR CHANHASSEN, MN 55317-6605 RICHARD & SANDRA MONSETH 530 BIGHORN DR CHANHASSEN, MN 55317-8805 JOHN C & VICKI L FRAZIER 610 BIGHORN DR CHANHASSEN, MN 55317-8806 DEAN T & SUSAN L STANTON DONALD N & CAROL J MEHL PAUL D GRAN 500 BIGHORN DR 490 BIGHORN DR 620 BIGHORN DR CHANHASSEN, MN 55317 -8605 CHANHASSEN. MN 55317 -6601 CHANHASSEN, MN 55317 -6606 Public Hearing Notification Area (500 feet) Eidsness Metes & Bounds Subdivision Planning Case No. 06-02 630 Carver Beach Road City of Chanhassen Lotus Lake Subject Property CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 06-02 NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, January 23, 2006, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Metes and Bounds Subdivision with Variances on property located at 630 Carver Beach Road. Applicant: Paul and Andrea Eidsness. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Sharmeen Al-Jaff, Senior Planner Email: saliaff@ci.chanhassen.mn.us Phone: 952-227-1134 (Publish in the Chanhassen Villager on January 12, 2006) .09=.1 YN'l] I WWI roi Y.+w .na [x+c A .new 'Yi, l TI �.5 0 ssauspi3 fined w� o ii _� 11 4 N NV "` a .; 'Fitt• } :`= tt�lt a . Z $ i 5th t• t tt} F $ t$ 3l3"it 1%1.1 i .! { • } tt�i tl= 'i �1t•+,S Jill at (}\ �QjlISAr ail AO ig f`1Fttttt;ln. tffI , •°i,•, !} v� it ✓ i �Y�'_..r1' flit •t}tl$ ( ilii •j;} ;i $ t t�#F$tis}•�. $ i't'#F•F7 } t}ti,t#i#tlii# G ! ��1�•�t1}t 101. Hill 0 fill x }� 1._ t" �F (4. I /. 3 } ;tlitei tlr! '} $i at•t ..��; " �j"�� __ i Ill}� •, �.,#iI iit •! } +`I}}}t t j' 6 4 1� Exhibit 140 t /„owl ' I CAR' pRNE i FOX \� t i 1 \ ^gyp I i I e � I I as ER Lv' A o BIG CROWN LS'A'CS 6 1 I I 1 50 WOODS ` \50 Bigg ;VooGis o- Lo' --s Lake Cnp OFCHANHASSGN RECEIVED JAN 1 1 2006 CHANHASSei PLANNING DFP, Road Alignment Exhibit on part of Gov't Lot d Sec. 1, At Gov't Lot 6 of sec 12, all in T. 116, R. 23 Carver County, Minnesota • p denotes iron monument found denotes iron pipe set p o-, , and marked as shown: pTla�t denotes soil boring denotes ercolation test hole Requested Dot e: 1/9/06 Hy: Paul raven y: D.N.A. Eideness tale: Checkedy: n_ 1 -100' P.E.O. I Mereo; x ar ax mis ead b ma P Pr^Par r ander a direct eapery elan and Mat I r o day Licensed and that surveyor ander the ia.e of the Stale of Minnesota. web sffe: www.oboaesacbNs aan sWwt DNbion St T saRab3W-471s 27 QSOCIATES Faxi(7w� .7.522G and Sufveyon, Ina. Nevisea: LobNo. -0599 Paan E Dila ne a 02/16/2006 10'40 FAX LC710 + CHANHASSEN MAIN R002/002 CAMPBELL KN(JTSON Profmiortat Auvdallon Attorneys at Law 317 Eagnndale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-9000 FAX: (651) 452-5550 FILLING OF DOCUMENTS TO: _ COUNrY RECORDER X REGISTRAR OF TTTLES Please complete, date, and sign this forme upon assigning document numbers for the documents listed below and return completedform to SUE NELSON at the Chanhassen Cily Anorney Is ofJkr at the address shown above. A sel - f addrP,ssed envelope is provided joryoen convenience. CLIENT/MATTER: City of Chanhassen – Eidsness Lot Split/Combination (PID No. 825.1090100 and PID No. 825.0125900) THE FOLLOWING DOCUNMNT(S) Abstract Torrens WERE FILED: Document No. Document No. 1) Notice of Land Combination for Zoning Purposes 2) Development Contract and SPerial Assessment Agreement 3) Grant of Temporary and Permanent Easements 4) Grant of Permanent Easements (Parcel A) 5) Grant of Permanent Easements (Parcel B) 6) Quit Claim Deed from Eldsness to Eidsness 7) Quit Claim Deed from Eidsaess to Eidsness 8) Declaration of Easement for Driveway Access Access wnd Amendment of Road Agreement V/; o'- at— o'clock AW P�. on -� /� 2006, with the County Recorder / Registrar of Titles of Carver County, MN. SIGNED: Thankyoul 123469 I 'd LSZZ'ON 301330 SN308003N A10 83AW NdVg:V 8002 '91'9a3 02/16/2006 10:40 FAX LC710 + CHANHASSEN MAIN la 001/002 CAMPBELL KNUTSON PWessiona/Aswciadon Attorneys at Law 317 Eagandale Office Center 1390 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 FAX: (651) 452-5550 FAX TRANSMITTAL DATE: February 16, 2006 PLEASE IMMEDIATELY DELIVER THE FOLLOWING PAGE(S) TO: NAME: Sharmeen Al -.Taff FAX NO. (952) 227-1110 City of Chanhassen SENDER: SUE NELSON, Legal Assistant Chanhassen City Attorney's Office TOTAL. NUMBED OF PAGES: 2 (INCLUDING COVER PAGE). IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL SUE, NELSON AT (651)134-6111. RE: Eidsness Lot Split Planning Case No. 06-02 COMMENTS: Attached for your information is a copy of my Filing of Documents sheet signed by the County Registrar's office confirming that the Eidsness lot split documents were all tiled yesterday (Feb. 15th) at 3:00 pre. I will fax a copy of the attached document to John Rice and Ryan Karon as well. 0 BY NOTICE OF CONFIDENTIALITY Ihe intbrmation contained in and tmnsmitted with this facsimile is: I SUntr;CT TO THE ATTORNEY-CLIENT PRIVILEGr•.; 2. A 70RNEY WORK PRODUCT: OR 3. CONFIDENTIAL, It is intended only for the individual or tastily dcsignared above. You are hereby nn ified that any dissemination, distribution. wpying or use of or relimlee upon the information contained in or transmitted with this facsimile by or to anyone other than the recipient destgnutml above by the sendar is wmuthnriisd -J strielly prohibited. If you have received this facsimile in error, please notify CAMPBELL KNUTSON BY TELEPIIONE AT (651) 452-5000 IMMEDIATELY. Any facsimile erroneously rrmsmitted to you should be immediately mtunred to the sender by U.S. Mail or, ifauthorizatioa is gmrttW by sender, destroyed. Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch loci J. jamnik Andrea McDowell Poehler Matthew K. Brokl' John F. Kelly Soren M. Mattick Henry A. Schaeffer, III Alina Schwartz Craig R. McDowell Marguerite M. McCarron Gina M. Brandt • Also Ilmnud in Muonsin 01--� na J '-�sernen-l- — k0CLl, fn -k5 aiJe1) Y1 bi Jineeo� Ila low 1380 Corporate Center Cur c Suite 317 • Eagan, MN 55121 651-452-5000 1" 651-452-5550 www.ck-law.com CAMPBELL KNUTSON Professional Association Direct Dial. (651) 234-6222 E-mailAddress. snelro�ca k-law.com August 10, 2006 Ms. Kim Meuwissen Chanhassen City Hall 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RECEIVED AUG 14 2006 CITY OF CHANHASSEN RE: CIIANHASSEN - RECORDED Documm s ➢ Eidsness Lot Split— Corrective Documents (Ro - p� Dear Kim: Enclosed please find the following documents which have been recorded with Carver County in connection with the above matter: 1) Corrective Notice of Land Combination for Zoning Purposes was recorded on June 16, 2006 as Torrens Document No. T158743. 2) Corrective Development Contract and Special Assessment Agreement was recorded -- on June 16, 2006 as Torrens Document No. T158744. 3) Corrective Grant of Temporary and Permanent Easements was recorded on June 16, 2006 as Torrens Document No. T 158745. 4) Corrective Grant of Permanent Easement for Parcel A was recorded on June 16, 2006 as Torrens Document No. T158746. 5) Corrective Grant of Permanent Easement for Parcel B was recorded on June 16, 2006 as Torrens Document No. T158747. 6) Corrective Quit Claim Deed from Eidsness to Eidsness for the lakeshore parcel was recorded on June 16, 2006 as Torrens Document No. T158748. 7) Corrective Quit Claim Deed from Eidsness to Eidsness for the Carver Beach Road parcel was recorded on June 16, 2006 as Torrens Document No. T158749. 8) Corrective Declaration of Easement for Driveway and Access and Amendment of "Road Agreement" was recorded on June 16, 2006 as Torrens Document No. T158750. Regards, CAMPBELL KNUTSON Professional Association usan R. Nelson, Legal As 'stant SRN:ms Enclosures cc: Shanneen AI-Jaff (letter only) SCANNED FILE NO.: 2006-02 PROPERTY OWNERS: LEGAL DESCRIPTION: Document No. OFFICE OF THE T 158743 REGISTRAR OF TITLES IIIIIII III IIIIIIII CARVER CertTA #290�9TM MIEN $E 48 # 00 Certified Recorded on 06-16-20M at ❑ AM 7J PM -Cro-16 11111111111111111111111111IIIhRII Paul T. Eidsness and Andrea S. Eidsness See attached Exhibit "A" L�d h Carl W. Hanson, Jr. Registrar of Titles CORRECTIVE NOTICE OF LAND COMBINATION FOR ZONING PURPOSES DATE: February 10, 2006 LEGAL DESCRIPTION: Attached Exhibit "A" This Corrective Notice of Land Combination for Zoning Purposes is given to correct the legal description of the property used in a former Notice of Land Combination for Zoning Purposes between the parties hereto, dated February 13, 2006, and recorded in the Office of the Registrar of Titles for Carver County, Minnesota, on February 15, 2006, as Document No. T 157033. The property described in Exhibit "A" has been processed by the County Auditor as two or more separate real estate tax parcels. The purpose of this document is to notify the deed holder [including contract for deed vendor and vendee], successors and/or assigns that said property is considered one parcel for zoning purposes. Therefore, said parcel shall not be sold as less than one contiguous piece, as described in Exhibit "A", unless specific approval is provided by the City of Chanhassen Planning Department. The County Auditor has assigned the following parcel identification numbers to the property described in Exhibit "A": PID#25-1090100 - Outlot A, Big Woods on Lotus Lake PID# SCANNED 0 Shartnin AI-Jaff, Senior Planner STATE OF MINNESOTA ] ] ss COUNTY OF CARVER ] The foregoing instrument was acknowledged before me this /51' day of June, 2006, by Sharmin AI-Jaff, Senior Planner for the City of Chanhassen. No y Put 1 THIS INSTRUMENT DRAFTED BY: Rice Law Firm q ?dC 2 KAREN J. ENGELHARDT 525 West 78th Street, Suite 201 �,. ; Notary Public -Minnesota P.O. BOX 1 180 �:' lr Canm m on Wires Jen 3/, zolo Chanhassen, Minnesota 55317-1180 011 0 0 EXHIBIT A - LEGAL DESCRIPTION PID # 25-1090100 Owners: Paul T. Eidsness and Andrea S. Eidsness Description: Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the recorded plat thereof. AND PID # Owners: Paul T. Eidsness and Andrea S. Eidsness Description: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 12 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the fust course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidenced by Certificate of title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds 0 East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.25 feet at right angles from the South Line of said Section 1, and said line there terminating. Page A - 2 • Document N • OFFICE OF THE T 158744 REGISTRAR OF TITLES III�IIIIIgIIIIIII CARVER CSOTA he ##15889Fee $ TY ME 48.00 Certified Recorded on 06-16-2006 at 02.00 [JAM �9 PM 2006-06-16 11111111IIIIIIIIIIillilllllllllll111rof Titles Registrar CORRECTIVE DEVELOPMENT CONTRACT AND SPECIAL ASSESSMENT AGREEMENT Corrective Development Contract and Special Assessment Agreement dated June 14, 2006, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ["City"]; and PAUL T. EIDSNESS and ANDREA S. EIDSNESS f/k/a ANDREA S. JOHNSON, husband and wife, [hereinafter referred to as the "Developer"]. This Corrective Development Contract and Special Assessment Agreement is given to correct the legal description of the property used in a former Development Contract and Special Assessment Agreement between the parties hereto, dated February 13, 2006, and recorded in the Office of the Registrar of Titles for Carver County, Minnesota, on February 15, 2006, as Document No. T 157034. RECITALS A. The Developer has applied to the City for the subdivision of the land described on into two lots, one of which lots is legally described on the attached Exhibit "A" ["Assessed Parcel"]. The City has approved the subdivision subject to certain conditions including that the Developer enter into this Agreement. B. As a condition of subdivision approval, the City required the construction of a street. The Developer has asked the City to construct the street as a public improvement project. SCANNED 0 0 NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. Public Improvements. The City shall construct a public street in the public easement as described on Exhibit A ["Easement Premises"]. Street construction may commence, in the City's discretion, upon the occurrence of any of the following events, whichever first occurs: when property immediately abutting the Assessed Parcel to the east is further subdivided, when a building permit is issued for construction on the Assessed Parcel, when the property to the north of the Assessed Parcel is developed, or when the City determines it is appropriate to construct the street. 2. Surface Water Management Fees. As a condition of subdivision approval the Developer is required to pay a surface water quality fee of $2,383 and a surface water quantity fee of $5,987. The Developer has asked to defer payment of the fees until one of the events triggering the street construction referred to in paragraph 1 above occurs. 3. Special Assessments. Parcel B is specially assessed for: [1] street project in the amount of $10,000.00; [2] the surface water quality fee in the amount of $2,383; and [3] the surface water quantity fee in the amount of $5,987. The assessments shall be deemed adopted on the date this Agreement is approved by the City Council. The assessments shall be deferred without interest until the street is constructed. When the deferment ends, the assessments shall be paid over a five [5] year period, together with interest commencing as of the date the deferment ends at a rate of eight percent [8%] per year on the unpaid balance. 4. Waiver. The Developer waives any and all procedural and substantive objections to the improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the property; and further waives any appeal rights otherwise available pursuant to M.S.A. § 429.081. L 0 IN WITNESS WHEREOF, this Corrective Development Contract and Special Assessment Agreement was executed by the parties the day and year first above written. CITY OF CHANHASSEN Thomas A. Furlong, Mayor AND odd Gerhardt, City Manager/Clerk DEVELOPER' Paul T. Eidsness I/N l.Q'/L26� Andrea S. Eidsness f/k/a Andrea S. Johnson STATE OF MINNESOTA I I ss. COUNTY OF CARVER I The foregoing instrument was acknowledged before me this Ile t4 day of June, 2006, by Thomas A. Furlong and by Todd Gerhardt, 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. 17# - KAREN J. ENGERDTNotary Public-Minnesotal ;;0!, y commis _ � Jan 31.2010 N Putliz 3 11 STATE OF MINNESOTA ] #"NNa'0j'V ] ss. COUNTY OF eARVER ] The foregoing instrument was acknowledged before me this IVl" day of June, 2006, by Paul T. Eidsness and Andrea S. Eidsness, f/k/a Andrea S. Johnson, husband and wife. Notar blic DRAFTED BY: Rice Law Firm, Chartered 525 West 7811, Street, Suite 201 P.O. Box 1180 Chanhassen, Minnesota 55317-1180 M 19SHELLY MARIE JACKSON SHELLY PUYLIIE JA IK7 mycla"I"DONALS . me 0 EXHIBIT "A" TO CORRECTIVE DEVELOPMENT CONTRACT AND SPECIAL ASSESSMENT AGREEMENT ASSESSED PARCEL: Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the recorded plat thereof. AND That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in _ and along the division line between Section 1 and 12 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidenced by Certificate of title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 E minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East.to a point 100.25 feet at right angles from the South Line of said Section 1, and said line there terminating. EASEMENT PREMISES: A permanent easement for public roadway, drainage and utility purposes over, under and across the East 50.00 feet of the above-described property Page A - 2 0 • Document No. • OFFICE OF THE T 158747 74II7 REGISTRAR OF TITLES IIIIIIINI cul III CCert/ ##29 COUNTY, MINNESOTA 48 00 Certified Recorded on 06-16-2006 .' 0V00 ❑ AM 0 PM II ` 11111 israrofsoT lest RI NII CORRECTIVE GRANT OF PERMANENT EASEMENTS This Corrective Grant of Permanent Easements is given to correct the legal description of the property used in a former Grant of Permanent Easements between the parties hereto, dated February 13, 2006, and recorded in the Office of the Registrar of Titles for Carver County, Minnesota, on February 15, 2006, as Document No. T 157037. PAUL T. EIDSNESS and ANDREA S. EIDSNESS f/k/a ANDREA S. JOHNSON, husband and wife, "Grantors", in consideration of One Dollar [$1.00] and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, a permanent easement for public roadway, drainage and utility purposes over, across, on, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" [Permanent Easement Premises"]. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway, drainage and utility systems over, across, on, under, and through the SCANNED Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway, drainage and utility easements. The above named Grantors, for themselves, their heirs and assigns, do covenant with the City, its successors and assigns, that they are well 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, and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this // 7" day of uN{ 2006. Andrea S. Ei sness f/k/a Andrea S. Johnson 6 STATE OF MINNESOTA ] ffe,1/N6-Piq% ] ss. COUNTY OF CA*RVEiR- ] The foregoing instrument was acknowledged before me this /`F' day of June, 2006, by Paul T. Eidsness and Andrea S. Eidsness, f/k/a Andrea S. Johnson, husband and wife, Grantors. Notaryjfublic THIS INSTRUMENT WAS DRAFTED BY: Rice Law Firm, Chartered 525 West 78th Street, Suite 201 P.O. Box 1180 Chanhassen, Minnesota 55317-1180 191 SHELLY MARIE JACKSON NOTARY PUBUIC•MINNESOTA w Comnswn Ex" JM 21.2010 U Ll EXHIBIT "A" TO CORRECTIVE GRANT OF PERMANENT EASEMENTS [Parcel B] Together with a permanent easement for public roadway purposes over, under and across the West 30.00 feet of the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and 6f record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 12 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidenced by Certificate of title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.25 feet at right angles from the South Line of said Section 1, and said line there terminating. Together with a permanent easement for public drainage and utility purposes over, under and across the West 10.00 feet of the East 60.00 feet, the East 10.00 feet of the West 40.00 feet, the North 5.00 feet and the South 10.00 feet lying Westerly of the East 60.00 feet and Easterly of the West 40.00 feet of the following described property: Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the recorded plat thereof. AND That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 12 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidenced by Certificate of title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a A-2 distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.25 feet at right angles from the South Line of said Section 1, and said line there terminating. MMI 0. • Document No. OFFICE OF THE T 158745 REGISTRAR OF TITLES �INIII�IIINIII CARVER# 2 37 Cert. #MINNESOTAE00 00 Certified Recorded on 06-16-2006 .Itz-% 0 ❑ AM V PM 200&D&16 En IIII�IIMinCarl W. INIbIINIIII II Registrar of Hanson, r Titles CORRECTIVE GRANT OF TEMPORARY AND PERMANENT EASEMENTS This Corrective Grant of Temporary and Permanent Easements is given to correct the legal description of the property used in a former Grant of Temporary and Permanent Easements between the parties hereto, dated February 13, 2006, and recorded in the Office of the Registrar of Titles for Carver County, Minnesota, on February 15, 2006, as Document No. T 157035. PAUL T. EIDSNESS and ANDREA S. EIDSNESS f/k/a ANDREA S. JOHNSON, husband and wife, "Grantors", in consideration of One Dollar [$1.00] and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, a temporary construction easement over, on, across, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ["Temporary Easement Premises"]. TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, servants and assigns, commencing upon execution of this document and expiring 90 days after the date of acceptance by the City of Chanhassen of the SCANNED 0 completion of the contemplated roadway, sewer, water, curb, gutter and utility installation within the Permanent Easement Premises, hereinafter described, together with the right of ingress to and egress from the temporary easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns. Grantors hereby grant the uses herein specified without divesting themselves of the right to use and enjoy the above described Temporary Easement Premises, subject only to the right of the City to use the same for the purposes herein expressed. The City, its agents and assigns, will restore the Temporary Easement Premises to a condition as nearly equal as possible to that which existed prior to construction or maintenance authorized hereunder within a reasonable time after completion of that construction. It is agreed, however, that trees, shrubs, and other plants will not be replaced and that the City will not be responsible for payment of damages resulting from the removal of or damage to trees, shrubs and other plants. FURTHERMORE, in consideration of One Dollar [$1.00] and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantors do hereby grant unto the City, its successors and assigns, forever, a permanent easement for public roadway, drainage and utility purposes over, across, on, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ["Permanent Easement Premises"]. 0 0 INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway, drainage and utility systems over, across, on, under, and through the Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway, drainage and utility easements. Upon any dedication in a plat that includes the property burdened by the Permanent Easement Premises to the public for public roadway purposes, this Grant of Easements shall cease to be carried as a memorial on the Certificate of Title for the parcel burdened by the easement. The above named Grantors, for themselves, their heirs and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described Permanent and Temporary Easement Premises; that they have the sole right to grant and convey the easements to the City; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. 3 0 IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this J y - day of -TIJ "'{-- STATE OF MINNESOTA f/�i✓r✓EP/N I ss. COUNTY OFeARVER 2006. Paul T. Eidsness "*X Andrea S. Eidsness f/k/a Andrea S. Johnson The foregoing instrument was acknowledged before me this day of June, 2006, by Paul T. Eidsness and Andrea S. Eidsness, f/k/a Andrea S. Johnson, husband and wife, Grantors. THIS INSTRUMENT WAS DRAFTED BY: Rice Law Firm, Chartered 525 West 78th Street, Suite 201 P.O. Box 1180 Chanhassen, Minnesota 55317-1180 M SHELLY MARIE JACKSON NOTARY PUBM-MINNESOTA My COIIMeiwbli FlgYw Jr.11, 2010 EXHIBIT "A" TO CORRECTIVE GRANT OF TEMPORARY AND PERMANENT EASEMENTS (PARCELS A and B) A permanent easement for public roadway, drainage and utility purposes over, under and across the East 50.00 feet of the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 12 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidenced by Certificate of title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a 0 0 point 100.25 feet at right angles from the South Line of said Section 1, and said line there terminating. TOGETHER WITH a temporary easement for construction purposes over, under and across the West 20.00 feet of the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 12 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidenced by Certificate of title No. 1726, Carver County, State of Minnesota. . That lies Easterly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.25 feet at right angles from the South Line of said Section 1, and said line there terminating. Page A - 2 Document No. OFFICE OF THE T 1:58746 REGISTRAR OF TITLES SOTA IIIIIIIIIII VIII III CARVER Cheert. ## 12 8.8'9 Fee Mee $E 48 00 Certified Recorded on 06-16-2oo63at 02:00 ❑ AM V1 PM 2006-06-16 1111111�IINI�IIIINIIIIII� 1111 Regis rrar of To lesr CORRECTIVE GRANT OF PERMANENT EASEMENTS This Corrective Grant of Permanent Easements is given to correct the legal description of the property used in a former Grant of Permanent Easements between the parties hereto, dated February 13, 2006, and recorded in the Office of the Registrar of Titles for Carver County, Minnesota, on February 15, 2006, as Document No. T 157036. PAUL T. EIDSNESS and ANDREA S. EIDSNESS, f/k/a ANDREA S. JOHNSON, husband and wife, "Grantors", in consideration of One Dollar [$1.00] and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, a permanent easement for public roadway, drainage and utility purposes over, across, on, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ["Permanent Easement Premises"]. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway, drainage and utilitysystems over, across, on, under, and through the SCANNED C� Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with tke location, construction, and maintenance of said public roadway, drainage bpd utility easements. The above named Grantors, for themselves, their heirs and assigns, do covenant with the City, its successors and assigns, that they are well 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; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this i`�day of 7To"-c_ 2006. GRANTORS: Paul T. Eidsness IM zGyi.�� Andrea S. Eidsness f/k/a Andrea S. Johnson STATE OF MINNESOTA ] h;QUNTY OF NFPR/Af j ss. \`� The foregoing instrument was acknowledged before me this day of � e, 2006, by Paul T. Eidsness and Andrea S. Eidsness, f/k/a Andrea S. Jgn, husband and wife, Grantors. THIS INSTRUMENT WAS DRAFTED BY: Rice Law Firm, Chartered 525 West 78th Street, Suite 201 P.O. Box 1180 Chanhassen, Minnesota 55317-1180 N • SHELLY MARIE JACKSON NOTARY PUBLIC•Atl1U1ESOTA W C,,,oM,b„ E�w Jw 11,2010 0 EXHIBIT "A" TO CORRECTIVE GRANT OF PERMANENT EASEMENTS (PARCEL A) A permanent easement for public drainage and utility purposes over, under and across the West 10.00 feet, the North 5.00 feet and the South 5.00 feet of the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 12 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidenced by Certificate of title No. 1726, Carver County, State of Minnesota. That lies Easterly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.25 feet at right angles from the South Line of ., � id Section 1, 'Ifand said line there terminating. TOGETHER WITH a 23.00 foot permanent easement for sanitary sewer and watermain purposes over, under and across the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 12 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidenced by Certificate of title No. 1726, Carver County, State of Minnesota. Said easement being 13.00 feet to the right and 10.00 feet to the left of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 900.59 feet to the point of beginning of said line to be described; thence South 01 degrees 40 minutes 38 seconds East; thence South 13 degrees 54 minutes 28 seconds East, a distance of 3.32 feet to a line 100.00 feet at right angles from the North Line of said Section 12, and said line there terminating. A-2 • C, The side lines of said easement shall terminate at the North line of Section 12 and at a line 100.00 feet at right angles from the North line of said Section 12. viii" � — � ,.�. - _� • `•_ F.Mal Q 0-F PID# ds- r)/dS9oo No delinquent taxes and transfer enteredCertificate of Real Estate Value ( ) hied (fir) Not Required CRV # _ lfc - / Ld .20 D It MARK LUNDGREN, Carver County Auditor By YVA A LLDeputy Document No.• 'iidiii�i�ud OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Check # 15889 Cert.# 26940 Fee.$ 48.00 Certified Recorded on 06-16-2006 at 02:00 ❑ AM P PM 2006-06-16 � 11111111111111 & — Regis. Hanson, rarofTitlesr QUIT CLAIM DEED Form No. 29-M Minnesota Uniform Individual(s) to Joint Tenants (Top 3Inches Reserved for Recording Dau) Conveyancing Blanks (1/15/97) DEED TAX DUE: $ 1.6 Date: le t4, 2006 FOR VALUABLE CONSIDERATION, Paul T Eidsness and Andrea S. Eidsness f/k/a Andrea S. Johnson, husband and wife Grantor(s), (marital status) hereby convey(s) and quitclaim(s) to Paul T. Eldsness and Andrea S. Eidsness, Husband and Wide , Grantees. as joint tenants, real property in Carver County, Minnesota, described as follows See attached Exhibit A. This Corrective Quit Claim Deed is given to correct the legal description of the property conveyed used in a former Deed between the parties hereto, dated February 13, 2006, and recorded in the office of the Registrar of Titles for Carver County, Minnesota, on February 15, 2006, as Document No. T 157038. This Deed is given in consideration of $500.00 or less. together with all hereditaments and appurtenances. gock box if applicable: ZI The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificat L au 1 sness ' Affix Deed Tax Stamp Here STATE OF MINNESOTA Deed rax of $ . 6 S paid on UJI,. /n'(Date) Conservation Fee Paid MARKLUNDGR Carver County Auddlr ss. COUNTY OF e*RtlER P/N Andrea S. Eidsness' Inva Andrea S. Johnson This instrument was acknowledged before me on '.ZUf7P zy' CPQa' , by Paul T. Eidsness and Andrea S. Eidsness, f/k/a Andrea S. Johnson, husband and wife , Grantor(s). ------------------------------------ SHELLY MARIE JACKSON NOTARY PUBLIC-NNNESOTA W4 a.■rrw EMON r.s.31. M§ Rice Law Finn, Chartered 525 West 78th Street, Suite 201 P.O. Box 1180 Chanhassen, Minnesota 55317-1180 SIGNATU�g OF NOIARY PUB C OR OTHER OFFICIAL Check here if part or all of the land is Registered (Torten) 9 Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): Paul T. and Andrea S. Eidsness 4395 Trillium Lane West Minnetrista, Minnesota 55364 SCANNED City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not apply to this instrument. _ That the subdivision of land affected by this Instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated: Jtuw By Deputy Chanhassen City Clerk Printed Namea�a ` w tin n u ND2xJAt.3'.RAMYJJ3F12� • w11YV11YrNMMM'�alwNw`+r+w�r• • Eidsness Property Easterly [Lakeshore] Parcel That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 12 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidenced by Certificate of title No. 1726, Carver County, State of Minnesota. That lies Easterly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.25 feet at right angles from the South Line of said Section 1, and said line there terminating. Exhibit A Hp2741.06.12.06. East ac„Ir-nes- o Pry PID# 5 01 t o No delinquent taxes and transfer entered: Certificate of Real Estate Value( ) I•Ileq (,C6 Not Required CRV # 20 0 U MARK LUNDGREN, Carver County Auditor By oL n A r L 1,r Deputy Document No. • OFFICE OF THE T 158749 REGISTRAR OF TITLES IIIIIIIIIIIIIIIIIII CNNESOTA hCOUNTY, # 26 #909 CFeE e $ 48.00 Certified Recorded on 06-16-2006 at 02:00 ❑ AM P PM 2006-06-16 C 1111111111111111111111111111111111111111Carl W. Hanson. Jr. Registrar of Titles QUIT CLAIM DEED Form No. 29-M Minnesota Uniform Individual(s) to Joint Tenants (Top 3 Inches Reserved fur Recording Data) Conveyancing Blanks (1/15/97) DEED TAX DUE: $ 1.65 Date: Jimp 14, 2006 FOR VALUABLE CONSIDERATION, Paul T. Eidsness and Andrea S. Eidsness, f/k/a Andrea S. Johnson, husband and wife Grantor(s), (marital status) hereby convey(s) and quitclaim(s) to Paul T. Eidsness and Andrea S. Eidsness, Husband and Wife , Grantees, as joint tenants, real property in See attached Exhibit A. County, Minnesota, described as follows: This Corrective Quit Claim Deed is given to correct the legal description of the property conveyed used in a former Deed between the parties hereto, dated February 13, 2006, and recorded in the office of the Registrar of Titles for Carver County, Minnesota, on February 15, 2006, as Document No. T 157039. This Deed is given in consideration of $500.00 or less. together with all hereditaments and appurtenances. Check box if appkcable: [9The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the stains r of wells on the described real property have not changed since the last previously filed well disclosure certificate. Paul T. Eidsness Affix Deed Tax Stamp Here STATE OF MINNESOTA Deed Tax of $ /r U S paid on I /l w / O rl (Date) Conservation Fee Paid MARKLUNDGREN Carver County Ar J COUNTY OF C+RVER- EAX&P/N ■? SS. Andrea S. Eidsnetd f/k/a Andrea S. Johnson This instrument was acknowledged before me on , /iine— L 4 :2 q&# , by Paul T. Eidsness and Andrea S. Eidsness, ftWa Andrea S. Johnson, husband and wife , Grantor(s). SHELLY MARIE JACKSON NOTARY PUBLIC.MINNESOTA ty CwtwWM Egbw Aw. 71,lHS Rice Law Firm, Chartered 525 West 78th Street, Suite 201 P.O. Box 1180 Chanhassen, Minnesota 55317-1180 FAVE M'Jl9J0FjJJz-'4 mc :111olely,•• i a Check here if part or all of the land is Registered (Torten) Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): Paul T. and Andrea S. Eidsness 4395 Trillium Lane West Minnetrista, Minnesota 55364 SCANNED City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated:�(1P 1 _!5-, z j �n6 By 5%m 'Deppuuty Chan ssen ity Clerk Printed Name' :r 31HAM YMHH '.' ATOi]BN!M it IP.Ua YMTON x +�r,MMVVIM1MMNMMMK r I L+ ' Eideness Property Westerly [Carver Beach Road] Parcel That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 12 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidenced by Certificate of title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.25 feet at right angles from the South Line of said Section 1, and said line there terminating. Hp2741.06.12.06. W est Exhibit A 0 0 Document No. OFFICE OF THE T 158750 REGISTRAR OF TITLES II I I I I I III III III CARVER M Che ##32 8s3�' 89 TY Fee $E 48 00 Certified Recorded on 06-16-20063aat 02:00 ❑ AM qPM 2006-06-16 Carl W Hanson, Jr. Registrar of Titles 1403911XQM619/A DECLARATION OF EASEMENT for DRIVEWAY AND ACCESS AND AMENDMENT of "ROAD AGREEMENT" This Declaration of Easement for Driveway and Access and Amendment of "Road Agreement" is made this 14th day of June, 2006, by Paul T. Eidsness and Andrea S. Eidsness, formerly known as Andrea S. Johnson, husband and wife, hereinafter referred to as Declarants. This Corrective Declaration of Easement for Driveway and Access and Amendment to Road Agreement is given to correct the legal descriptions [Exhibit A and Exhibit B] used in a former Declaration of Easement for Driveway and Access and Amendment of "Road Agreement" executed and filed by Declarants, dated February 13, 2006, and recorded in the Office of the Registrar of Titles for Carver County, Minnesota, on February 15, 2006, as Document No. 157040. WHEREAS, This Declaration involves certain parcels of real property located in the City of Chanhassen, County of Carver, State of Minnesota, as described on attached Exhibit A and attached Exhibit B; and WHEREAS, Declarants are the owners of those certain parcels described on Exhibit A and Exhibit B; and 1 ,cnP:ner. WHEREAS, The easement for driveway and access herein created and declared will benefit the parcel described on Exhibit B; and WHEREAS, The easement for driveway and access herein created shall be on and over that certain driveway easement area as described on attached Exhibit C; and WHEREAS, That certain Road Agreement, filed as Document No.T28873 in the office of the Registrar of Titles, Carver County, Minnesota, is amended as herein provided; NOW, THEREFORE, in consideration of the foregoing premises, and in consideration of the mutual promises and covenants herein set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following "Corrective Declaration of Easement for Driveway and Access and Amendment of 'Road Agreement"' is hereby duly made, executed, and delivered by Declarants. 1. Easement for Access to Road. There shall be an Easement for Driveway and Access (both ingress and egress, and both pedestrian and vehicular) from the parcel described on Exhibit B to the public roadway now known as Carver Beach Road, over and across the Driveway Easement Area, as described in attached Exhibit C. 2. Driveway Easement Area. The Driveway Easement Area is legally described on attached Exhibit C. 3. Benefited Parties. The aforesaid Easement for Driveway and Access shall be for the use and benefit of the owners of the parcel described in Exhibit B attached hereto, and the mortgagees, successors, heirs, and assigns of said owners. 4. Duration and Termination. Said Easement for Driveway and Access herein created shall continue until either: [1] the date of completed installation of a paved public roadway over the permanent easement parcel as described in that certain document entitled "Grant of Temporary and Permanent Easements" dated the 13th day of February, 2006, and executed and delivered by Paul T. Eidsness and Andrea S. Eidsness, formerly known as Andrea S. Johnson, husband and wife, as Grantors, in favor of the E 0 City of Chanhassen, a municipal corporation under the laws of the State of Minnesota, and duly filed in the Office of the Registrar of Titles, Carver County, Minnesota on the 15th day of February, 2006, as Document No. T 157035; as corrected by "Corryective Grant �� of Temporary and Permanent Easements" dated the 1 day of June, 2006, and executed and delivered by Paul T. Eidsness and Andrea S. Eidsness, formerly known as Andrea S. Johnson, husband and wife, as Grantors, in favor of the City of Chanhassen, a municipal corporation under the laws of the State of Minnesota, and duly filed in the Office of the Registrar of Titles, Carver County, Minnesota on the /( day of June, 2006, as Document No. M [2] the date of acquisition of direct access to a public roadway abutting a part of the real property described on Exhibit B; whichever shall first occur. Upon such event occurring, the Easement for Driveway and Access granted herein shall terminate and all rights of driveway and access hereunder shall cease. Said termination may be evidenced by the filing with the Office of the Registrar of Titles, Carver County, Minnesota of an Affidavit specifying such event causing termination and the fact of its occurrence. 5. Appurtenant Easement. The Easement for Driveway and Access herein created and declared shall be appurtenant to the dominant estate until terminated as herein provided. 6. Easement Not Exclusive. The Easement for Driveway and Access herein created and declared shall not be exclusive, and shall not preclude other uses of the Driveway Easement Area, and shall not preclude other parties from the use of the Driveway Easement Area. 7. BINDING EFFECT. This Declaration of Easement for Driveway and Access and Amendment of "Road Agreement" shall be binding upon and shall inure to the benefit of the owners of the respective parcels and their respective successors and assigns. 8. MAINTENANCE. The owners of the real estate described on Exhibit B attached hereto shall be responsible for maintenance, repair, and reconstruction of the Driveway Easement Area, and for the costs and 3 0 0 expenses thereof, and shall save and hold harmless the owners of the real estate described on Exhibit A from any cost, liability, judgment, or expense, inlcuding attorneys fees and court costs, arising from any maintenance, repair, or reconstruction. 9. Insurance. The owners of the real estate described on Exhibit B attached hereto, shall maintain commercially reasonable liability insurance, for any public liability exposure arising from the use of the Driveway Easement Area. The owners of the real estate described on Exhibit B attached hereto, shall maintain commercially reasonable liability insurance, for any public liability exposure arising from the use of the Road as described in the aforesaid "Road Agreement" [Document No. T28773]. The owners of the real estate described in Exhibit A shall be named as additional insureds on said policy or policies of insurance. 10. Amendment. This Instrument may be amended only by a written agreement duly executed and delivered by the owners, and other parties in interest, if any, of each of the parcels herein described. 11. Non -Merger. Declarants intend that, notwithstanding the common ownership of one or more parcels by the same person or persons or entity, there shall be no merger of the fee and the servitude so as to cause the elimination of the Easement for Driveway and Access herein created and declared. 12. Termination of Easement Rights under "Road Agreement". On the date of the termination of the Easement for Driveway and Access created herein, which termination is provided in section 4 of this Declaration, all right of user and interest held by owners, and those claiming under said owners, of the parcel of real property described in Exhibit B attached hereto, in and to the easement created in, and under that certain Document entitled "Road Agreement", filed as Document No. T28773 in the Office of the Registrar of Titles, Carver County, Minnesota, and the real estate described in said Document No. T28773, shall cease and terminate, without any action of any kind by any person. 4 0 0 Said termination may be evidenced by the filing with the Registrar of Titles, Carver County, Minnesota of an Affidavit specifying such event causing termination and the fact of its occurrence. IN WITNESS WHEREOF, the delivered this Declaration of Amendment of Road Agreement. STATE OF MINNESOTA) ffevNEP/n�) ss. COUNTY OF eARVER ) Declarants have duly executed and Easement for Driveway and Access and Paul T. Eidsness Andrea S. gidness, formerly known as Andrea S. Johnson The foregoing instrument was acknowledged before me this /Z/ AA day of , 2006, by Paul T. Eidsness and Andrea S. Eidness, formerly known as Andrea S. Johnson, Husband and Wife, Declarants. THIS INSTRUMENT WAS DRAFTED BY: SHELLY MARIE JACKSON NOTARY PUBLIC -MINNESOTA M2 C4w 4&& Eapwa Jan. 71.2010 RICE LAW FIRM, CHARTERED 525 West 78th Street P.O. Box 1180 Chanhassen, Minnesota 55317-1180. 5 0 0 Eidsness Property Easterly [Lakeshore] Parcel That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 12 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidenced by Certificate of title No. 1726, Carver County, State of Minnesota. That lies Easterly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.25 feet at right angles from the South Line of said Section 1, and said line there terminating. Exhibit A Hp2741.06.12.06. LegD=ElyEZmt Eidsness Property Westerly [Carver Beach Road] Parcel That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 12 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidenced by Certificate of title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.25 feet at right angles from the South Line of said Section 1, and said line there terminating. Exhibit B Hp2741.06.12.06.LegD]MW lyE7.mt DRIVEWAY EASEMENT AREA The North 6.00 feet of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, lying Easterly of Line A and Westerly of Line B. Line A described as follows: Commencing at the intersection of the North line of said Govermnent Lot 6 and the centerline of Lakeview Drive as shown on the plat of CARVER BEACH; thence Easterly along said North line, a distance of 500.00 feet to the point of beginning of said Line A; thence Southerly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 6.00 feet and said line there terminating. Line B described as follows: Commencing at a point in the centerline of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office ofthe Registrar of Titles in and for said county and state of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minute 32 seconds East to a point 100.00 feeet at right angles from the North line of said Section 12 and said line there terminating. - Exhibit C - CAMPBELL KNUTSON ProfessionalA.r vewon Attorneys at Law 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-50DO FAX: (651) 452-5550 FILING OF DOCUMENTS TO: _ COUNTY RECORDER / REGISTRAR OF TITLES Please complete, date, and sign this form upon assigning document numbersfor the documents &led below and return completed form to SUE NELSON at the Chanhassen City Attorney's office at the address shown above. A self-addressed envelope is provided foryour convenience. CLIENT/MATTER: City of Chanhassen —Eidsness Lot Split/Combination (PID No. R25.1090100 and PID No. R25.0125900) TBE FOLLOWING CORRECTIVE Abstract Torrens DOCUMENT(S) WERE FILED: Document No. Document No. 1) Notice of Land Combination for Zoning Purposes 2) Development Contract and Special Assessment Agreement 3) Grant of Temporary and Permanent Easements 4) Grant of Permanent Easements (Parcel A) 5) Grant of Permanent Easements (Parcel B) 6) Quit Claim Deed from Eidsness to Eidsness 7) Quit Claim Deed from Eidsness to Eidsness 8) Declaration of Easement for Driveway Access Access and Amendment of Road Agreement at 6� o'clock A.M./ on Q.Q_�!%\4 /& , 2006, with the County Recorder / Registrar of Titles of Ca er County, MN. Thankyoul ?S'O 6(� -0a 123469v02 SCANNED CAMPBELL KNUTSON Professional Association Direct Dial. (651) 234-6222 E-mail Address. snelson as ck-lamcom March 28, 2006 RECEIVED 2CANNE0 MAR 2 9 2006 Thomas J. Campbell Roger N. Knutson Ms. Kim Meuwissen (M OF CHANHASSEN Thomas M. Scott Chanhassen City Hall Elliott B. Knetsch 7700 Market Boulevard Joel J. Jamnik P.O. Box 147 Andrea McDowell Poehler Matthew K. Brokl' Chanhassen, Minnesota 55317 John F. Kelly Soren M. Mattick RE: CHANHASSEN - RECORDED DOCUMENTS Henry A. Schaeffer, III ➢ Eidsness Lot Split - Alina Schwartz Marguerite M. McCarron Dear Kim: Gina M. Brandt Enclosed please find the following documents which have been recorded with Carver County in • Also Licensed in Wisconsin connection with the above matter: 1) Notice of Land Combination for Zoning Purposes was recorded on February 15, 2006 as Torrens Document No. T157033. 2) Development Contract and Special Assessment Agreement was recorded on February 15, 2006 as Torrens Document No. 157034. 3) Grant of Temporary and Permanent Easements was recorded on February 15, 2006 as Torrens Document No. T157035. 4) Grant of Permanent Easement for Parcel A was recorded on February 15, 2006 as Torrens Document No. T157036. 5) Grant of Permanent Easement for Parcel B was recorded on February 15, 2006 as Torrens Document No. T157037. 6) Quit Claim Deed from Eidsness to Eidsness for the lakeshore parcel was recorded on February 15, 2006 as Torrens Document No. T157038. 7) Quit Claim Deed from Eidsness to Eidsness for the Carver Beach Road parcel was recorded on February 15, 2006 as Torrens Document No. T157039. 8) Declaration of Easement for Driveway and Access and Amendment of "Road Agreement" was recorded on February 15, 2006 as Torrens Document No. T157040. Regards, CAMPBELL KNUTSON ProfessionalAssociation 1380 Corporate Center Curve Si san R. Nelson, Legal kssistant Suite 317 • Fagan, MN 55121 SRN:ms 651452-5000 Enclosures Fax 651-452-5550 www.ck-law.com cc: Sharmeen AI-Jaff (letter only) 2CANNE0 DOCUMENT COVER PAGE T".-ved for C=EIT Rmu'w') Document No. OFFICE OF THE T 157033 REGISTRAR OF TITLES CARVER IIIIIIIIIIII�IIIIII Meeh$ CeINESOTA rt. ##2694Q1538Q6n 9400 Certified Recorded on _,2t 02-15-2outi at 0'C,3:00 ❑ AM IP PM 2006-02-15 CZ 11111111111111111111111111111111Cad W- Hanson, Jr. Registrar of Titles DOCLNLEtiT TITLE: �I DOCUMENT DATE: �2 13 "6 cn Y A)vils: N w 9 0 • • ,..1, rti • 61 FILE NO.: 2006-02 PROPERTY OWNERS: Paul T. Eidsness and Andrea S. Eidsness LEGAL DESCRIPTION: See attached Exhibit "A" NOTICE OF LAND COMBINATION FOR ZONING PURPOSES DATE: February 10, 2006 LEGAL DESCRIPTION: Attached Exhibit "A" The property described in Exhibit "A" has been processed by the County Auditor as two or more separate real estate tax parcels. The purpose of this document is to notify the deed holder (including contract for deed vendor and vendee), successors and/or assigns that said property is considered one parcel for zoning purposes. Therefore, said parcel shall not be sold as less than one contiguous piece, as described in Exhibit "A", unless specific approval is provided by the City of Chanhassen Planning Department. The County Auditor has assigned the following parcel identification numbers to the property described in Exhibit "A": PID# 25-1090100 — Outlot A, Big Woods on Lotus Lake PID# STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 13 day of (e-h-CLxarq 2006, by Sharon Al-Jaff, Senior Planner for the City of Chanhassen. N tary Public THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON, P.A. Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 123404 17# KIM T. MEUWISSEN Notary Public-innesota y (gmmissfwi FxDires lan 31,2010 EXHIBIT A - LEGAL DESCRIPTION PID # 25-1090100 OWNERS: Paul T. Eidsness and Andrea S. Eidsness DESCRIPTION: Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the recorded plat thereof. AND PID # OWNERS: Paul T. Eidsness and Andrea S. Eidsness DESCRIPTION: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fem Road 123404 and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. 123404 Document No. OFFICE OF THE T 157034 REGISTRAR OF TITLES IIIIIIII II I III) III CARVER Cert ##269 8 MINNESOTA 00 g/o5 Certified Recorded on 02-150300 ❑ AM 0 PM 2006-02-15 " IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII (�Carl Regh strarofTitlesr DEVELOPMENT CONTRACT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT dated February 13, 2006, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"); and PAUL T. EIDSNESS and ANDREA S. EIDSNESS f/k/a ANDREA S. JOHNSON, husband and wife, (hereinafter referred to as the "Developer"). RECITALS A. The Developer has applied to the City for the subdivision of the land described on into two lots, one of which lots is legally described on the attached Exhibit "A" ("Assessed Parcel"). The City has approved the subdivision subject to certain conditions including that the Developer enter into this Agreement. B. As a condition of subdivision approval, the City required the construction of a street. The Developer has asked the City to construct the street as a public improvement project. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. Public Improvements. The City shall construct a public street in the public easement as described on Exhibit A ("Easement Premises"). Street construction may commence, in the City's discretion, upon the occurrence of any of the following events, whichever first occurs: when property immediately abutting the Assessed Parcel to the east is further subdivided, when a building permit is issued for construction on the Assessed Parcel, when the property to the north of the Assessed Parcel is developed, or when the City determines it is appropriate to construct the street. 2. Surface Water Management Fees. As a condition of subdivision approval the Developer is required to pay a surface water quality fee of $2,383 and a surface water quantity fee of $5,987. The Developer has asked to defer payment of the fees until one of the events triggering the street construction referred to in paragraph 1 above occurs. 122866vo2 AW:2/10/06 SCANNZD 3. Special Assessments. Parcel B is specially assessed for: (1) street project in the amount of $10,000.00; (2) the surface water quality fee in the amount of $2,383; and (3) the surface water quantity fee in the amount of $5,987. The assessments shall be deemed adopted on the date this Agreement is approved by the City Council. The assessments shall be deferred without interest until the street is constructed. When the deferment ends, the assessments shall be paid over a five (5) year period, together with interest commencing as of the date the deferment ends at a rate of eight percent (8%) per year on the unpaid balance. 4. Waiver. The Developer waives any and all procedural and substantive objections to the improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the property; and further waives any appeal rights otherwise available pursuant to M.S.A. § 429.081. IN WITNESS WHEREOF, this Agreement was executed by the parties the day and year first above written. CITY OF CHANHASSEN BY: t y T Thomas A. Furlong, Mayor � AND i` odd Gerhardt, City Manager/Clerk DEVELOPER: Paul T. Eidsness Andrea S.Eidsness f/k/a Andrea S. Johnson 122866v02 2 AMP:2/10/06 STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this /3t4- day of 2006, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and Ck 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. STATE OF MINNESOTA ) ( ss. COUNTY OF C 94 R) Nota Public SUSAN R. NELSON Notary Public -Minnesota Cawl�an b..l.n st, 2010 TlW foregoing instrument was acknowledged before me this _ 14r lay of 2006, by Paul T. Eidsness and Andrea S. Eidsness, *XWF� f/k/a Andrea S. Jo n, husband andL ,I_ \ DRAFTED BY: CAMPBELL KNUMN Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 RNK 122866v02 AMP:2/10/06 EXHIBIT "A" TO DEVELOPMENT CONTRACT AND SPECIAL ASSESSMENT AGREEMENT ASSESSED PARCEL: Outlet A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the recorded plat thereof. AND That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. 122866v02 4 AMP:2/10/06 EASEMENT PREMISES: A permanent easement for public roadway, drainage and utility purposes over, under and across the East 50.00 feet of the above-described property. 122866vO2 AMP:2/10/06 OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Check # 15386 Cert. # 26940 Fee: $ 48.00 Certified Recorded on 02-15-2006 at 03:00 ❑ AM W PM 02-15 z 1111111��VIVII1111��IIIn Registrar of Tittes GRANT OF TEMPORARY AND PERMANENT EASEMENTS PAUL T. EIDSNESS and ANDREA S. EIDSNESS f/k/a ANDREA S. JOHNSON, husband and wife, "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, a temporary construction easement over, on, across, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ("Temporary Easement Premises"). TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, servants and assigns, commencing upon execution of this document and expiring 90 days after the date of acceptance by the City of Chanhassen of the completion of the contemplated roadway, sewer, water, curb, gutter and utility installation within the Permanent Easement Premises, hereinafter described, together with the right of ingress to and egress from the temporary easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns. Grantors hereby grant the uses herein specified without divesting themselves of the right to use and enjoy the above described Temporary Easement Premises, subject only to the right of the City to use the same for the purposes herein expressed. The City, its agents and assigns, will restore the Temporary 123382 SCANNED Easement Premises to a condition as nearly equal as possible to that which existed prior to construction or maintenance authorized hereunder within a reasonable time after completion of that construction. It is agreed, however, that trees, shrubs, and other plants will not be replaced and that the City will not be responsible for payment of damages resulting from the removal of or damage to trees, shrubs and other plants. FURTHERMORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantors do hereby grant unto the City, its successors and assigns, forever, a permanent easement for public roadway, drainage and utility purposes over, across, on, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ("Permanent Easement Premises'). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway, drainage and utility systems over, across, on, under, and through the Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway, drainage and utility easements. Upon any dedication in a plat that includes the property burdened by the Permanent Easement Premises to the public for public roadway purposes, this Grant of Easements shall cease to be carried as a memorial on the Certificate of Title for the parcel burdened by the easement. The above named Grantors, for themselves, their heirs and assigns, do covenant with the 123382 2 City, its successors and assigns, that they are well seized in fee title of the above described Permanent and Temporary Easement Premises; that they have the sole right to grant and convey the easements to the City; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this l3l'` day of 2006. GRANT Paul T. Eidsness Andrea S. Eidsness f/k/a Andrea S. Johnson STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this da of 2006, by Paul T. Eidsness and Andrea S. Eidsness, _ John D. Rico Wtari P Vin. Mi..i mso% Cur =bn Wrss Jaws• THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNuTsON Professional Association ,V 317 Eagandale Office Center 7� 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh 123382 a An4>=eA S. EXIMIT "A" TO GRANT OF TEMPORARY AND PERMANENT EASEMENTS (Parcel A and B) A permanent easement for public roadway, drainage and utility purposes over, under and across the East 50.00 feet of the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. Together with a temporary easement for construction purposes over, under and across the West 20.00 feet of the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: 123382 4 Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fem Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Easterly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fem Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. 123382 e Document No. OFFICE OF THE T 157036 REGISTRAR OF TITLES IIIIIIII IIIIIIII III CARVER Cert. #6940MINNESOTA # 6 $ 48,00 Certified Recorded on 02-15-2006 at 03:00 ❑ AM PPM 2006-02-15 1111111111111111111111111111111 Reg strarHanson, of Titlesr GRANT OF PERMANENT EASEMENTS PAUL T. EIDSNESS and ANDREA S. EIDSNESS f/k/a ANDREA S. JOHNSON, husband and wife, "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, a permanent easement for public roadway, drainage and utility purposes over, across, on, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ("Permanent Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway, drainage and utility systems over, across, on, under, and through the Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway, drainage and utility easements. The above named Grantors, for themselves, their heirs and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described 123385 SCANNED Permanent Easement Premises; that they have the sole right to grant and convey the easements to the City; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this /'&'IS day ofd, 2006. G T � 7 -> Paul T. Eidsness Andrea S. Eidsness f /k/a Andrea S. Johnson STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this L.?day of 2006, by Paul T. Eidsness and Andrea S. Eidsness, f/k/a�rea s• / ..'r -Husband- aijo-iaife, mtors. •'!_ Y ;iii'.ALL, 0IAC_ r No lic ky l ammi ;an Ezp es J lwary 31, eC10 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNu rsON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh 123385 EXMIT "A" TO GRANT OF PERMANENT EASEMENTS (Parcel A) A permanent easement for public drainage and utility purposes over, under and across the West 10.00 feet, the North 5.00 feet and the South 5.00 feet of the following described property: That part of Goverment Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Goverment Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Easterly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. Together with a 23.00 foot permanent easement for sanitary sewer and watermain purposes over, under and across the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, 123385 Minnesota described as follows: Beginning at a point in the center line of Lake View Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lake View Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Sections 1 and 12 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 955 feet plus or minus to the center line of Lake View Drive; thence North 22 degrees 21 minutes 40 seconds West 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidenced by Certificate of Title No. 1726. Said easement being 13.00 feet to the right and 10.00 feet to the left of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 900.59 feet to the point of beginning of said line to be described; thence South 01 degrees 40 minutes 38 seconds East; thence South 13 degrees 54 minutes 28 seconds East, a distance of 3.32 feet to a line 100.00 feet at right angles from the North Line of said Section 12, and said line there terminating. The side lines of said easement shall terminate at the North line of Section 12 and at a line 100.00 feet at right angles from the North line of said Section 12. 123385 I `uiiiuiuuii Document No. OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY. MINNESOTA Cert. # 26940, Fee $ 94 00 } -10> Certified Recorded on 02-1x2006 at 03.00 ❑ AM [APM 200&M-1 5 Carl W. Hanson Jr. GRANT OF PERMANENT EASEMENTS PAUL T. EIDSNESS and ANDREA S. EIDSNESS f/k/a ANDREA S. JOHNSON, husband and wife, "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, a permanent easement for public roadway, drainage and utility purposes over, across, on, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A" ("Permanent Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway, drainage and utility systems over, across, on, under, and through the Permanent Easement Premises, together with the right to grade, level, fill, drain, and excavate the Permanent Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway, drainage and utility easements. The above named Grantors, for themselves, their heirs and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described Permanent Easement Premises; that they have the sole right to grant and convey the easements to 123383 SCANNED the City, and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this /2"11, day of , 2006. G Paul T. Eidsness Andrea S. Eidsness f/k/a Andrea S. Jolmson STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2006, by Paul T. Eidsnesj§Uds6jK1Wa S. Eidsness,� John D. N2t�" Pu"Ic THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNursoN Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh 123383 2 S. EXHIBIT "A" TO GRANT OF PERMANENT EASEMENTS (Parcel B) Together with a permanent easement for public roadway purposes over, under and across the West 30.00 feet of the following described property: That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. Together with a permanent easement for public drainage and utility purposes over, under and across the West 10.00 feet of the East 60.00 feet, the East 10.00 feet of the West 40.00 feet, the North 5.00 feet and the South 10.00 feet lying Westerly of the East 60.00 feet and Easterly of the West 40.00 feet of the following described property: Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the 123383 J recorded plat thereof. AND That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: 123383 Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. 4 °f Pio# dS - o ioZ s 9 0 o No delinquent taxes and transfer entered: Certificate of Real Estate Value ( ) Nied (X ) Not Required CRV # — /J 20 00 MARK LUNDGREN, Carver County Auditor By 15ed)nnn F 1 il✓` Deputy Document No. OFFICE OF THE T 157038 REGISTRAR OF TITLES I)III I II II I III I I I CARVER SOTA Che # 5 M � 6 COUNTY, $E 48 00 Certified Recorded on 02-15-2006 at 03:00 ❑ AM `Y PM 2006-02-15II II I III I II I I III Earl Registrar of Hanson, r Titles IIIIIIIIIIIIIII Fair® Na 29-M Blanks uniform DEED TAX Dt1E: $ 1.65 Daae: Ppb . %s, 2oa4 FM VALUABLE CONSMIERATIM Paul T. 5daneaa and Mdraa S. EManass, MWNW4jWMW f /k/a Andrea S. Johnson husband and wife Grant(PAS), ba+ital>s�) hereby convey(s) and quitclaim(s) to Paul T. Eidsnew and Andrea S. Eidsness, Husband and W9% as joint 1>enaas. nal property in Carrs► County, Mionesoh. described as follows: Sae anadted Exhibit A. Trus Deed is given in consideration of $500.00 or less. together with all bereditameon and appurtenances. Check box if applicable: 0 The Seller certifies that the Sella docs not know of any wells on the dosenibed real property. A well diwInsune certificate accompanies this document [i 1 am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. � r Paul 0 Andrea S. Edmress Affix teed Tax Scamp Here f/k/a Andrea S. Johnson STATE OF MINNESOTA Deed Tax of $7 J. J J paid on 1 j—/ J (((Date) Conservation FeePaid MARKLUNDGREN Carver County Audito ss. COUNTY OF CARVER ^ / This instrument was acknowledged before me on "L Par T_ adanew and Andrea S_ Ertlwmna mombiiiiii f k a Andrea S. Johnson. . Gnamor(s). NOTARIAL STAMP OR SEAL (OR OTHM IME OR RANK) husband and wife John, D. Rice i Wary Public M:nneSnta ?kh RE OF NOTARY PI OR R OF77QItI. Ity Can nlse!ai Expires Ja urq $1, 2D10 t Part or all of the lard is Registe[ed (Torrrns) Rice Law Firm, Chartered 525 West 781h Street P.O. Box 1180 Chanhassen, Minnesota SM17-1180 Fax St:w-nnera lin dr real property described in this inset scut stoutd be scot to (induce name and address of Granice)� Paul T. and Andrea S. Eidsness 4395 Tritium Lane West Minnetrista, Minnesota 55364 {CAIIMID City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated:FP % By Deputy Chanhassen city C--�lam Printed Name fw—m 1 '4 - . Lakeshore Parcel That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Easterly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. Exhibit A < o 2 N �c M � Lu o LLI Zu 69 N O LL U- LL N 0 0 o Lu Q' r O N U z o U LL 0520— M m x W W s # Q N 't N r O- c o� z M� c O o E Ln c> w _ G ~ ci o Z N C p U QA� � � U > w v Q cq '� Z O W J w C Q Q t / O 1 d z tLL t ag ccs R hi 19 J y U Wo P � / g N �gj 9 0 o a la 0 9 awD F • 9 m¢a' cz p; P p ZYU y x m¢ v & O n xw a g U O 6 o � O 19 J y U Wo P � / g N �gj r al� F y� I City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated:. By eputy Chanhassen City Clerk Printed Name V\A V \ r s Carver Beach Road Parcel That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section I and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Tide No. 1726, Carver County, State of Minnesota- That innesota That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. Exhibit A Document NO. OFFICE OF THE T 157040 REGISTRAR OF TITLES IIIIIIII IIIIIII I III CARVER CESOTA h##3236S 3 TY Mee N e 48 00 3..2� Certified Recorded on 02-15-2006 at 03:00 ❑ AM QPM 22006-02-15 iilllllll I�IINIIIIIiilllllllllll IIII Carl strar of Hanson, Reg DECLARATION OF EASEMENT for DRIVEWAY AND ACCESS f..N;h' AMENDMENT of "ROAD AGREEMENT" This Declaration of Easement for Driveway and Access and Amendment of "Road Agreement" is made this 13th day of February, 2006, by Paul T. Eidsness and Andrea S. Eidsness; husband and wife, hereinafter referred to as Declarants. *f/k/a Andrea S. Johnson WHEREAS, This Declaration involves certain parcels of real property located in the City of Chanhassen, County of Carver, State of Minnesota, as described on attached Exhibit A and attached Exhibit B; and WHEREAS, Declarants are the owners of those certain parcels described on Exhibit A and Exhibit B; and WHEREAS, The easement for driveway and access herein created and declared will benefit the parcel described on Exhibit A; and WHEREAS, The easement for driveway and access herein created shall be on and over that certain driveway easement area as described on attached Exhibit C; and WHEREAS, That certain Road Agreement, filed as Document No.T28873 in the office of the Registrar of Titles, Carver County, Minnesota, is amended as herein provided; 1 ecm, ID NOW, THEREFORE, in consideration of the foregoing premises, and in consideration of the mutual promises and covenants herein set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following ^Declaration of Easement for Driveway and Access and Amendment of 'Road Agreement'^ is hereby duly made, executed, and delivered by Declarants. 1. Easement for Access to Road. There shall be an Easement for Driveway and Access (both ingress and egress, and both pedestrian and vehicular) from the parcel described on Exhibit A to the "road" as described in the certain document entitled "Road Agreement", filed in the office of the Regristrar of Titles, Carver County, MInnesota as Document No. T28873, over and across the Driveway Easement Area, as herein described in attached Exhibit C. 2. Driveway Easement Area. The Driveway Easement Area is legally described on attached Exhibit C. 3. Benefited Parties. The aforesaid Easement for Driveway and Access shall be for the use and benefit of the owners of the parcel described in Exhibit A, and the mortgagees, successors, heirs, and assigns of said owners. 4. Duration and Termination. Said Easement for Driveway and Access herein created shall continue until either: [1] the date of completed installation of a paved public roadway over the permanent easement parcel as described in that certain document entitled "Grant of Temporary and Permanent Easements" dated the 1 day of -1�C , 2006, and executed and delivered by Paul T. Eidsness and drea S. Eidsness, husband and wife, as Grantors, in favor of the City of Chanhassen, a municipal corporation under the laws of the State of Minnesota, and duly filed in the office of the Registrar of Titles, Carver County, Minnesota on the 42�— day of v ` L 2006 as Document No. -Ti S70 4'. ; OR [2] the date of acquisition of direct access to a public roadway abutting a part of the real property described on Exhibit A; whichever shall first occur. Upon such event occurring, the Easement for Driveway and Access granted herein shall terminate and all rights of driveway and access hereunder shall cease. Said termination may be evidenced by the filing with the Office of the Registrar of Titles, Carver County, Minnesota of an Affidavit specifying such event causing termination and the fact of its occurrence. 5. Appurtenant Easement. The Easement for Driveway declared shall be appurtenant terminated as herein provided. 6. Easement Not Exclusive. and Access herein created and to the dominant estate until The Easement for Driveway and Access herein created and declared shall not be exclusive, and shall not preclude other uses of the Driveway Easement Area, and shall not preclude other parties from the use of the Driveway Easement Area. 7. BINDING EFFECT. This Declaration of Easement for Driveway and Access and Amendment of "Road Agreement" shall be binding upon and shall inure to the benefit of the owners of the respective parcels and their respective heirs, successors, and assigns. 8. MAINTENANCE. The owners of the real estate described on Exhibit A attached hereto shall be responsible for maintenance, repair, and reconstruction of the Driveway Easement Area, and for the costs and expenses thereof, and shall save and hold harmless the owners of the real estate described on Exhibit B from any cost, liability, judgment, or expense, inlcuding attorneys fees and court costs, arising from any maintenance, repair, or reconstruction. 9. Insurance. The owners of the real estate described on Exhibit A attached hereto, shall maintain commercially reasonable liability insurance, for any public liability exposure arising from the use of the Driveway Easement Area. The owners of the real estate described on Exhibit A attached hereto, shall maintain commercially reasonable liability insurance, for any public liability exposure arising from the use of the Road as described in the aforesaid "Road Agreement" [Document No. T28773]. 3 The owners of the real estate described in Exhibit B shall be named as additional insureds on said policy or policies of insurance. lo. Amendment. This Instrument may be amended only by a written agreement duly executed and delivered by the owners, and other parties in interest, if any, of each of the parcels herein described. 11. Non -Merger. Declarants intend that, notwithstanding the common ownership of one or more parcels by the same person or persons or entity, there shall be no merger of the fee and the servitude so as to cause the elimination of the Easement for Driveway and Access herein created and declared. 12. Termination of Easement Rights under "Road Agreementm. On the date of the termination of the Easement for Driveway and Access created herein, which termination is provided in section 4 of this Declaration, all right of user and interest held by owners, and those claiming under said owners, of the parcel of real property described in Exhibit A attached hereto, in and to the easement created in, and under that certain Document entitled "Road Agreement", filed as Document No. T28773 in the Office of the Registrar of Titles, Carver County, Minnesota, and the real estate described in said Document No. T28773, shall cease and terminate, without any action of any kind by any person. Said termination may be evidenced by the filing with the Registrar of Titles, Carver County, Minnesota of an Affidavit specifying such event causing termination and the fact of its occurrence. The remainder of this page is intentionally left blank. 0 IN WITNESS WHEREOF, the Declarants h duly executed and delivered this Declaration of Easemen ay and Access. Paul T. Eidsness Andrea S. Ei.dfiess f/k/a Andrea S. Johnson STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 3 // day of , 2006, by Paul T. Eidsness and Andrea S. Eidhess, f/k/a @gQC Andrea S. Johnson, husband and wife, Declarants. THIS INSTRUMENT WAS DRAFTED BY: RICE LAW FIRM, CHARTERED 525 West 78th Street P.O. Box 1180 Chanhassen, Minnesota 55317-1180. 5 r Public Jchn D. Rtz <` N tz- �L c,!,�res�fx jay p�mntsslm E�ires �a'I 91, 7010 That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota- That innesota That lies Easterly of a line, described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. Exhibit A That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof; on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Section 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No. 6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of a line described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles from the South Line of said Section 1, and said line there terminating. Exhibit B DRIVEWAY EASEMENT AREA The North 6.00 feet of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, lying Easterly of Line A and westerly of Line B. Line A described as follows: Commencing at the intersection of the North line of said Govermnent Lot 6 and the centerline of Lakeview Drive as shown on the plat of CARVER BEACH; thence Easterly along said North line, a distance of 500.00 feet to the point of beginning of said Line A; thence Southerly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 6.00 feet and said line there terminating. Line B described as follows: Commencing at a point in the centerline of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office ofthe Registrar of Titles in and for said county and state of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said line to be described; thence South 03 degrees 01 minute 32 seconds East to a point 100.00 feeet at right angles from the North line of said Section 12 and said line there terminating. - Exhibit C -