CAS-02_EIDSNESS SUBDIVISION - PAUL & ANDREA EIDSNESSe .t
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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
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\ \ Area = 19965 SF. w,OGN�
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Area 18Q28 S.F.
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•
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iron
monument found
p
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iron
pipe set a,ra,4aos
and marked
as shown:
orroaoosz
denotes
soil
boring
G
denotes
percolation test hole
Concept Plan
Concept
:Plan
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Requested By:
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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
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Certificate of Survey
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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.
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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
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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
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Easement per
Doc. Na 722452
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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�
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} ,{
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
...
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m
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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 - �
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v r` h
40 \ VIII Drlye
\mG \ °8eterlln°ern R°xQd) %
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\
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Benchmark �•..\ �: \ \ "
£lav -942.96 �..
(N.G. V.D. 1929)' \
1 \
x� \
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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
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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 �
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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
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N. line of
I '�2813/ I \ \ \ 1 I I \
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garage \ I I I I \ �rntt\
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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
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PROPOSED PROPERTY DESCRIP77ON PARCEL A:
Certificate of Survey
• 954.68,,N-^�-^^'..n.�,..r: vT''-"..
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\ .9 27\
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gess*semen
\ ; per Doc.\\/ No. 1273
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/•-950, _ 5W.0D�
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_ — 94."— ZIP �7: i3 _
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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^
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dr Utility easement
._.',?�...�••I`� �
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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
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a(\ \ x 927.7Vhouse
wQ\ .927.42 -925.0 \ \ 1 \ A
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9
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\ garage 0, j
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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.
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percolation test hole
"``Concept
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Concept Plan Requested By:
N ,lan
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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---
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40 y 1
\ 97
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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
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S line of Gov't Lot ion% \ C
Sec 1. T. 11 a R.
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I N line of Sea 12
Cores County Monument at � \
the SW caner of Sec 1 �e
0 3
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amesment
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Certificate of Survey
9\\
• 95263 \ • 949.47
per t�
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75
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�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
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NCSAH Map Created on:
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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
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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
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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
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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
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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
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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)
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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
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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
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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.
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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 -