A754597 Easement TrailJ
Document Number: A754597
Filed and/or Recorded on
Nov 16, 2022 1046 PM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy TH
Document Recording Fees $ 46.00
Document Total $ 46.00
Requesting Party: CUSTOM HOME BUILDERS TITLE, LLC
Pages: 6
This cover page has been added to this document by Carver County Land Records
and is now an official part of this recorded document
(Reserved for recording)
GRANT OF PE NT EASEMENT
BLACK CHERRY DEVELOPMENT, LLC, a Minnesota limited liability company
("Grantor"), in consideration of One Dollar ($1.00} and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the
"City", its successors and assigns, forever, a permanent easement for public trail purposes over,
on, across, under and through the land legally described on the attached Exhibit "A" and depicted
on the attached Exhibit `B" (the "Easement Premises").
IN
CLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon- the Easement -Premises at all reasonable -times to construct, reconstruct, inspect, repair, and
maintain said public trail systems over, across, on, under, and through the Easement Premises,
together with the right to grade, level, fill, drain, pave, and excavate the Easement Premises, and
the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the
location, construction, and maintenance of said public trail systems.
The above -named Grantor, for itself, its successors, and assigns, does covenant with the
City, its successors and assigns., that it is well seized in fee title of the- Easement Premises; -that it
has the sole right to grant and convey the easement to the City; that there are no unrecorded
interests in the Easement Premises; and it will indemnify and hold the Cityharmless for any breach
of the foregoing covenants.
1
222414v1
Erhart Farm -North Trail
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this
day of 00061 20220
GRANTOR:
By
STATE OF l��IINNESOTA )
)Ss.
COUNTY OfC
Timothy A. Erhart, Its Manager
JEAN M SAVAGE
NOTARY PUBLIC
MiNNESOTA
hiy Commission Expires 1131 2025
The foregoing instrment was acknowledged before me this day of
�C,4, 2 2022, by Timothy A. Erhart, the Manager of Black Cherry Development,
LLC, a Minnesota limited liability company, on behalf of said entity.
Notary
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651452-5000
AMP
2
222414v1
EXHIBIT "A"
to
GRANT OF PERMANENT EASEMENT
A 10.00 foot wide easement for trail purposes over, on, across, under and through Lots 55 6, 7, 8,
9, 10, 11, 12, and 13, Block 1, ERHART FARM, according to the recorded plat thereof, Carver
County, Minnesota. The centerline of said easement is described as follows.
Commencing at the most northerly corner of said Lot 5; thence on an assumed bearing %J South
25 degrees 33 minutes 11 seconds East, along the northeasterly line of said Lot 5, a distance of
inning; thence South 67 degrees 49 minutes 32 seconds West 8.52
12.58 feet to the point of beg
feet; thence southwesterly 3.93 feet along a tangential curve concave to the southeast, having a
radius of 3.00 feet, and a central angle of 74 degrees 58 minutes 47 seconds; thence South 07
degrees 09 minutes 15 seconds East 64.17 feet; thence South 02 degrees 49 minutes 45 seconds
East 94.12 feet; thence South 03 degrees 49 minutes 27 seconds East 105.04 feet; thence South 06
degrees 10 minutes 38 seconds West 103.02 feet; thence South 19 degrees 45 minutes 34 seconds
West 68.95 feet; thence South 24 degrees 50 minutes 03 seconds West 88.59 feet; thence South
47 degrees 20 minutes 55 seconds West 181.31 feet, thence South 34 degrees 45 minutes 21
seconds West 132.84 feet; thence South 02 degrees 04 minutes 57 seconds West 139.55 feet;
thence South 31 degrees 15 minutes 25 seconds East 41.11 feet, thence South 33 degrees 20
minutes 42 seconds East 7.85 feet to the east line of said Lot 13, and said centerline there
terminating.
The sidelines of said easement are to be prolonged or shortened to terminate at said east line of
Lot 13, Block 1, and said northeasterly line of Lot 5, Block 1.
3
222414v1
Erhart Farm North Trail
EXHIBIT "B" to GRANT OF PERMANENT EASEMENT
-- MOST NORTHERLY CORNER,
DINT OF C0 �1ENCEMENT- - �� ;• i�OF LOT 5 BLOCK 1
POINT OF BEGINNING
i� --�lorl
r
os
t n
'+-+" O Ll iLOT B
7 milt
rr
0
k
53
C3
E
LOT 13, BLOCK 1
OUTLOT
C.r mLE IN FEET
SHEET 1 f3F �
22414v1
Erhart Farm -North Trail
f
J
MORTGAGE HOLDER CONSENT
TO GRANT OF PERMAMANENT EASEMENT
TIMOTHY A. ERHART and DAWNE M. ERHART, husband and wife, who hold two
mortgages on all or part of the property more particularly described in the foregoing Grant of
Permanent Easement for trail purposes, which Mortgage, Security Agreement and Fixture
Financing Statement is dated February 4, 2021, and was recorded June 4, 2021, as Carver County
Document No. A726349, and a second Mortgage, Security Agreement and Fixture Financing
Statement is dated January 3, 2022, and was recorded February 16, 2022, as Carver County
Document No. A742234 (collectively "Mortgages" ), for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is
subj ect to the foregoing Grant of Permanent Easement.
STATE OF MINNESOTA )
�i
COUNTY OF )ss.)
GRANTORS:
A. Erhart
tJ�77ARY PUBLIC
MINNESOTA
Cdr mission Expires 1!312025
The foregoing instrument was acknowledged before me this day of
jo-c��— , 2022, by Thnothy A. Erhart and Dawne M. Erhart, husband and wife.
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651} 452-5000
kw
Notary
222414v1
5
Erhart Farm -North Trail