Recorded Documents 2-15-06
Thom:1s J. C:1mpbell
Roger N. Knutson
Thom:1s M. Scott
Elliott B. Knetseh
Jocl J. J:1mnik
Andre:1 McDowell Poehler
l\btthew K. llroklo
John F. Kelly
Soren M. l\bttiek
Henry A. Schaeffer, III
Alin:1 Schw:1rtz
l\brguerite M. McCarron
Gina M. Brandt
. Also Ljccn.~cd in W'isconsin
1380 Corporate Center Curve
Suite 317. EagJn, MN 55121
651-452-5000
Fax 651-452-5550
www.et-Iaw.eom
CAMPBELL KNUTSON
Professional Association
***
Direct Dial: (651) 234-6222
E-mail Address: snelson(ii)ck-Iawocom
RECEiVE[)
MAR 2 9 200g
CITY OF CHANHASSEN
March 28, 2006
Ms. Kim Meuwissen
Chanhassen City Hall
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RE: CHANHASSEN - RECORDED DOCUMENTS
~ Eidsness Lot Split -
Dear Kim:
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. Tl57033.
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. Tl57035.
4) Grant of Permanent Easement for Parcel A was recorded on February 15, 2006 as
Torrens Document No. Tl57036.
5) Grant of Permanent Easement for Parcel B was recorded on February 15, 2006 as
Torrens Document No. Tl57037.
6) Quit Claim Deed from Eidsness to Eidsness for the lake shore parcel was recorded on
February 15,2006 as Torrens Document No. Tl57038.
7) Quit Claim Deed from Eidsness to Eidsness for the Carver Beach Road parcel was
recorded on February 15,2006 as Torrens Document No. Tl57039.
8) Declaration of Easement for Driveway and Access and Amendment of "Road
Agreement" was recorded on February 15,2006 as Torrens Document No. Tl57040.
Regards,
CAMPBELL KNUTSON
Professional Association
SRN:ms
Enclosures
cc:
Sharmeen AI-Jaff (letter only)
\
.
,
'..
DOCUMENT COVER PAGE
(Reser'VetJ for ClJUJ1ty Res:nrder)
DoctJ'l1'lent No. OFFICE OF THE
T 157033 REGISTRAR OF TITLES
1I1II111I1111I11111 CARVER COUNTY. MINNESOTA
,I ~~~ # 2~48 5' Fee $ 94.00
Certified Recorded on 02-15-20~at 03:00 0 AM ~ PM
,
I 111111 I Imlllmlll III
(to.
Carl W. Hanson, Jr.
Registrar of Titles
DOcuMENT TITLE:
tJ-::'"
f':C L<....L./
DOcuMENT DATE:
;2 -I-] -~ ~
NAt.-vIES:
(0- I ,~ ,) fA 1"\'. J." ,,,,\. .'\ /1 ) ~
'. \, ~\/ Co ~ \.A....-v) v\..t-/.v-~'--""'I
" .
CARVER COL1NTY RECORDERJREGIST.RAR OF TI11.ES
"j.
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#
~~ :y:': ~
Sharmin A -Jaff, Senior Planner
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this ~ day of
(enru.o. r ~ ' 2006, by Sharmin AI-Jan: Senior Planner for the City of Chanhassen.
* ,T'1b~
N tary Public
THIS INSTRUMENT DRAFTED By:
* CAMPBELL KNUTSON, P.A.
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
f~ KIM T. MEUWISSEN I
)) Notary Public-Minnesota
My Commission Expires Jan 31. 2010
123404
1
~,
EXHmIT 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 Fern Road
123404
2
.
4
I
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 of530.06
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
3
'}- :
(
.
Document No.
T 157034
11111I111111 C~~~~~ ~~~~TY, MINNESOTA
Gert. # 26940....... Fee: $ 94.00
,:;).YIOS
Certified Recorded on 02-15-2006 at 03:00 D AM ~ PM
~
OFFICE OF THE
REGISTRAR OF TITLES
11111 II rm-I 1111 1111
Carl W. Hanson, Jr.
Reg istrar of Titles
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/kla 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 I above occurs.
122866v02
AMP:2/10/06
I
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 ofthe 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:-,--(~A ,~L
odd Gerhardt, City Manager/Clerk
AND
DEVELOPER:
~-
Paul T. Eidsness
~~
Andrea S. Eidsness f/k/a Andrea S. Johnson
122866v02
AMP:2/10/06
2
..
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this /3.z:i.- day of
'- >f~-(<'1~"" , 2006, by Thomas A. Furlong and by Todd Gerhardt, respectively
the Mayor and y 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 )
f' /lD.Ie:. (ss.
COUNTY OF ~(2)
foregoing instrument was acknowledged before me this I ~~ay of
2006, by Paul T. Eidsness and Andrea S. Eidsness,~ f/k/a
on, husband and wi
""...." I ~ D R. t:.
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<j "'"iM~I"'" M~l CDmnil~~cn E.~'T:!'~~ J:~:;~:?;-1 \.~~ I ~JjO ~
rB~.~~~
DRAFTED BY:
CAMPBELL KNUTSON
\. .L Professional Association
~ 317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
RNK
122866v02
AMP:2/10/06
3
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I'~~"AAI'IV''^''^'''''''J
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.'
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 ofthe 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 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 ofthe 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 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
AMP:2/10/06
4
.'
EASEMENT PREMISES:
A permanent easement for public roadway, drainage and utility purposes over, under and across
the East 50.00 feet ofthe above-described property.
I 22866v02
AMP:2/10/06
5
D
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 0 AM 1ll PM
Document No.
T 157035
11111111111
IIl11lnllilllllll
@J
Carl W. Hanson, Jr.
Reg istrar of Titles
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 ofthe City, at the will of the City, its successors and assigns. Grantors hereby grant the
uses herein specified without divesting themselves ofthe right to use and enjoy the above
described Temporary Easement Premises, subject only to the right ofthe City to use the same for
the purposes herein expressed. The City, its agents and assigns, will restore the Temporary
123382
1
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 J S "h...
day of ~~A-r'J
,2006.
G~
Paul T. Eidsness
~Jk
Andrea S. Eidsness f/k/a Andrea S. Johnson
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
The foregoing instnnnent was acknowledged before me this a 'tOf ? . JUJ I ^ J.
2006, by Paul T. Eidsness and Andrea S. Eidsness, ., f/k~~
~~~ Grantors. po
~ e9 JT;i.&f~;~;" 1Z~~
!::., ~""" CC'-"":'O"n tx'" r'-'oo 'C,'""'"y'<l ""10
.. .'1 ..J/,',1..._..... ..I..l...~lJ.....I\,/.:...: u .'v
--='~...-o-;:""~..;~,
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
X 317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,MN 55121
Telephone: 651-452-5000
AMP/cjh
123382
3
. .
EXHIBIT" 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 ofthe following described property:
That part of Govemment 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 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 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 Govemment 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 ofthe center lines ofFem 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 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 ofthe following described property:
That part of Govemment 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 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 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 Govemment 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
~ 'L'
Document No. OFFICE OF THE
T 157036 REGISTRAR OF TITLES
1I11I11111111111I C~~~~~ ~~~~TY. MINNESOTA
Cert. # 26940 Fee: $ 48.00
Certified Recorded on 02-15-2006 at 03:00 0 AM ~PM
1111111111-111111I1
~
Carl W. Hanson, Jr.
Registrar of Titles
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 ofthe 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 I?~
day of ?~,.,........y , 2006.
~
/
Paul T. Eidsness
-~
Andrea S. Eidsness f/k/a Andrea S.
~
Johnson
STATE OF MINNESOTA
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
.y 317 Eagandale Office Center
1'\ 1380 Corporate Center Curve
Eagan,MN 55121
Telephone: 651-452-5000
AMP/cjh
123385
. .
EXHIBIT "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 ofthe 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 ofthe 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 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 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 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 ofthe 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 ofthe 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 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 of3.32 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
)
'v-,
.
.
Document No. OFFICE OF THE
T 157037 REGISTRAR OF TITLES
111IIIII11 CARVER COUNTY. MINNESOTA
~:~~#2~~~~6/ Fee: $ 94,00
Certified Recorded on 02-15-20~1183~OO D AM ~PM
...
2006-02-15
1111111 nil um II1I
eM
Carl W. Hanson, Jr.
Registrar of Titles
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
1
'"
..
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 1-..e.b""~ ' 2006.
~~
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
2006, by Paul T. Eidsnes,S ~~a S. Eidsness, .
~~.".L~...c.;" l'"
~. ~"'" ~ 'I"''rtn D. RtCJ S Johnso, us
,,~\";>-\~~~':"" '" VI t,.1:,,,,
,~ l.~.';q~,r;".;. ,,1".i'JJy PU:..l:IV ';'
~f:jr:fF:~:~ I ~i.'::.~n::o.:a 'tiJ .
- '__'0.,;,..",,';'/ _'" '"~ E:lr',:~3 L,...'.1':l131. 201~ ot PublIc
," ........Jli:;:.::~;~,'" '''i ecrrlll~i.,,-;........I -f!.~ '-I.-} ~-..ur
..
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNuTSON
Professional Association
317 Eagandale Office Center
X 1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
AMP/cjh
123383
2
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 Govemment 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 ofthe 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 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 Govemment 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 ofthe 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 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 ofthe West 40.00 feet, the
North 5.00 feet and the South 10.00 feet lying Westerly ofthe East 60.00 feet and Easterly ofthe
West 40.00 feet ofthe following described property:
Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the
123383
3
. "
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 ofthe 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 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 ofthe 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 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
\!) . . ). -,
, .,., lL
([)
SfJLtJ; of
p1nff ~s - 0 102...j- 9 () 0
No de!:I!oucnt taxes and transfer entered: Certificate of
Real Estate Value ( ) riled (X) Not Required
CRV#
Document No.
T 157038
11I1111111
OFFICE OF THE
REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Check # 15386
Cert. # 32537 Fee: $ 48.00
02-15-2006 at 03:00 D AM ~ PM
J - /!J
,20 00
Certified Recorded on
1I1111onlllllll
W
Carl W. Hanson, Jr.
Registrar of Titles
MARK LUNDGREN, Carver County Auditor
By ~ /).1\9 (f~ Deputy
QUIT CLAIM DEED
Individu:al(s) to Joint 1enants
DEED TAX DUE: $ 1.65
Date: Fe..b. l!.. .2. 0 G Go
FOR VALUABLE CONSIDERATION. Paul T. Eidsness and Andrea S. 8dsness, ~ f /k/ a Andrea s.
Johnson, husband and wife . Grantor(s).
Form No. 29-M
(fop 3 Indles Re=vol for Rc:ccnIing Data)
M"romsola Uniform
Conveyancing Blanks (VlSI97)
(maritaJ mtus)
hereby convey(s) and quitclaim(s) to Paul T. Eidsness and Andrea S. Eidsness. Husband and Wife.
as joint tenants, real property in
. Grantees.
Carver County, Minnesota. described as follows:
See attached Exhibit A.
This Deed is given in consideration of $500.00 or less.
together with all hereditamenlS and a:ppurterumces.
Oteck box if applH:able:
o 1'be Seller certifies that the Seller does not.know of any wells on the described real property.
o A well disclosure certificate accomp:mies Ibis document.
o [ am familiar with the property described in Ibis instrument and [ cenify that the status and number of wells on the descnDed real
"""""'" ha", ... """gal since !be "'" """",,,,,Iy fikd wen <fucIomrePaul~
Andrea S. E"ldsness
f/k/a Andrea S. Johnson
-..
Affix Deed Tax Stamp Here
COUNTY OF CARVER
This instrument was ac1mowledged before me on
Deed Tax of $ l. w5'"
paid on ~:/- 0 ~Dato)
Conservation Fee Paid
MARK LUNDGREN
Carver County AUditol
/ss.
STATE OF MlNNESOfA
7- ~ / 3/~ 2Ll:?~
PauIT.EidsnessandAndreaS.Eidsness.,~ f/k/a Andrea S. Johnson. . Grantor(s).
NOTARIAL STAMP OR SEAL (OR OIlIER 1lTI.E OR RANK) husband and wife
.'1~;iili~:;-:;.-<_ John D. Rico ~ ~.
E! tt, A.1f,<f.~~~-r~ ~J' P bl'
./!;" nO r:::t2ryU r:C ~
~~ \;,\~\(:,;'~i:;/ M:r.n~s9ta NAWRE OF NOTARY pmf OR OFFICIAL
...1 "".:f,,:~:"'" t,~ Ccrnm!s~!cn Expires JanullJ)' 31,2010
{])eck here if part or all of the land is Registered (forrens) Ii!l
TInS INSTRUMENT WAS DRAFlED BY (NAME & ADDRESS):
Rice Law Fnn. Chartered
525 West 781h Street
P.O. Box 1180
01anhassen. Minnesota 55317-1180
Tax StatemerJl:l) for !he I12I propaty described in this instrument
should be sentro (mdutJe name and address ofGJantec):
Paul T. and Andrea S. Edsness
4395 Trillium lane West
Minnetrista. M"lrlnesota 55364
.., 1\...0 ;: i. }/_'\ ..~J1'
~ eGi\ '''tlJ!.J~'-fYJ ~'~ )
, j t: \.r.~
"
~
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.
X 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: Fe:' 1:1 \ I Y, zOO 6 I
BY~~
Deputy C anhassen City Clerk _
Printed Name~""Cl~ ~\_=-,,\ C\\f-
1./''''
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 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 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
@
8uJc'-f\U- o-'=-
Piev~ O\.-vD :)pl:+ o-f
P!D# JS - 0 J d-yq 00
No oelin;uent taxes and transfer entered Certificate of
Real Estate Value ( ) riled ()(l Not Required
^. .- '\.
\:. >1.
~
CRV #
--
Document No.
T 157039
111111 1I1I
OFFICE OF THE
REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Check # 15386
Cert.# 32538
02-15-2006 at 03:00
Fee: $ 48.00
D AMf7}PM
eJ/ fj- I 20 t) (p
MARK LUNDGREN, Carver County Auditor
By_L~Deputy
Certified Recorded on
1111111111111111
t\b
Carl W. Hanson, Jr.
Registrar of Titles
QUIT CLAIM DEED
Individual(s) to Joint Thnants
DEED TAX DUE: $ 1.65
Date: ~e.b. I ~ I ..:2.DC>~
FOR VALUABLE CONSIDERATION, Paul T. Eidsness and Andrea S. Eidsness, ~
Johnson. husband and wife
(marital status)
hereby convey(s) 311d quitclaim(s) to Paul T. Eidsness and Andrea S. Eidsness, Husband and Wife,
Fonn No. 29-M
(Top 3 Inches R=-i for Recording Data)
Minnesota Unifonn
Conveyancing Blanks (U15I97)
f /k/ a Andrea S.
, Grantor(s),
as joint ten:mts, real property in
Carver
, Grantees,
County, Mmnesota, descnoed as follows:
See attached Exhibit A.
This Deed is given in consideration of 5500.00 or less.
togelher with 311 hereditaments and apjJUllellanceS.
Check box if applicable:
o The Sener certifies that the Seller does not know of any wells on the described real property.
o A well disclosure certificate accomp:mies this document.
o lam familiar with lhe property desm1>ed in this instrument and I certify that the status and num
property l1ave not changed since the last previously filed well disclosure certificate.
ells on the described real
Affix Deed Tax Stamp Here
Deed Tax of $ J. \9 j-
paid on J '15/0(P
C ~~ ~ (Data)
onsorvation Feo Paid
MARK LUNDGREN
S'L\TE OF MINNESOI'A CArver Count.. A d'
. 'J U ItO'
pau~
Andrea S. E'tdsness
f/k/a Andrea S. Johnson
-
COlJ1'\lTY OF CARVER
This instrument was acknowledged before me on
}~
7-~
I 3. 2L2?~y
/
Paul T. Eidsness and Andrea S. E"ldsness, ~
NOTARIAL STAMP OR SEAL (OR OTIffiR TITIE OR RANK)
~~~~ .
~,':\"'t....,JJ"
. .' 'c' c....,.,', JOh D n'
;1 l~?~'~f"'i~:~J-~ .; In . lirC'3 "
1 ~~B~J~~9 r~il;;~KG~~~~ic .
~ "" "",. I'll CC""''':'''n Ex' J ~
.. ", """;""":! P!:<;~ C:l1uai'y31, 2010 ~,
"""-..:r~-.... -w--w .
f/k/a Andrea S. Johnson, husband ,Grantnr(s).
and wife
Check l1ere if part 0I':ill of the land is Regi.<>tered (Torrens) ~
THIS INSTRUMENT WAS DRAFIED BY (NAME & ADDRESS);
Rice law FIffi1, Chartered
525 west 78th Street
P.O. Box 1180
Chanhassen, Minnesota 55317-1180
Tax Statement!> for the mal property described in this instrument
should be sent to (mclude name and address of Grn.ntee):
Paul T. and Andrea S. Eidsness
4395 Trillium Lane West
Minne1rista, Minnesota 55364
"* e(),,''1:Jj~K/t~~"''
~ - ...... .
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.
X 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.
:~r~~ ~~ yo-~~
eputy Chanhassen City ~Ierk ^ \ ~ \ J)I
Printed Name~ ,^CU \M \ f'\t\~ U~
. ....-- ~ 't
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 23 of Carver
COWlty 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 COWlty, 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 rnnning 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
~ ',~
D
1IIIIIIIfnlm IIII
OFFICE OF THE
REGISTRAR OF TITLES
CARVER COUNTY I MINNESOTA
Check # 15386
Cert. # 3253Z,. Fee: $ 48.00
2>~~
02-15-2006 at 03:00 0 AM ~PM
82
Document No.
T 157040
1II1~ II1III1
Certified Recorded on
Carl W. Hanson, Jr.
Registrar of Titles
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 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 dri veway 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 l'3 day of rH)jJ....U"''-'~ ' 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 I i:::) day of F;CJY\.JJv~'v,-! ' 2006 as
Document No.-r/57()'j i"~ ;
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 Dri veway 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 Ti tIes, Carver County, Minnesota of an Aff idavi t
specifying such event causing termination and the fact of its
occurrence.
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4
IN WITNESS WHEREOF, the
delivered this Declaration of
duly executed and
ay and Access.
Paul T. Eidsness
~PJ~ -
Andrea - S. Eidhess f/k/a Andrea S. Johnson
STATE OF MINNESOTA)
) SSe
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
J 3TH- day of ~~ 7 ,2006,
by Paul T. Eidsness and Andrea S. Eidbess, f/k/a
THIS INSTRUMENT WAS DRAFTED BY:
CZ),
~ Andrea S.
and wife, Declarants.
,.
~~~~~~~;iZ~j~~.. John D. Rlco
~~::,:,".d:~i~~ N:tZl'l Public
, \t~;::\'~,;tBl/ ~~1~nn?z~.ta
"'~;::;!i~.ii ~~, ec.m~s~k;n Exp:ies J:muezy 31. 2010
,
RICE LAW FIRM, CHARTERED
525 West 78th Street
P.O. Box 1180
Chanhassen, Minnesota 55317-1180.
1; eQ'-N\~UK/I ~0::r;,~Y))
5
. .
That part of Govemment 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 TitIes 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
. .
That part of Government Lot 6, Section 12, Township 116, Range 23, Caiver 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 ofFem 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
. .'" .~ t ' ,
. . .
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 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 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