Recording Transmittal 5-11-07
CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
LETTER OF TRANSMITTAL
DATE I JOB NO.
5/11/07 2006-34
ATTENTION
Sue Nelson
RE:
Document RecordinQ
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
[8J Attached D Under separate cover via the following items:
o Shop drawings
D Copy of letter
o Prints
D Change Order
o Plans 0 Samples 0 Specifications
D Pay Request 0 _
COPIES DATE NO. DESCRIPTION
1 5/3/07 06-34 Grant of Permanent Conservation Easement (Autobahn MotorPlex)
1 5/4/07 06-34 Grant of Permanent Easement (Autobahn MotorPlex)
THESE ARE TRANSMITTED as checked below:
D For approval
D For your use
D As requested
o Approved as submitted
D Approved as noted
D Returned for corrections
o Resubmit copies for approval
D Submit copies for distribution
o Return corrected prints
D For review and comment [8J For Recording
D FOR BIDS DUE 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS
COpy TO: Bruno Silikowski, Autobahn MotorPlex
SIGNE .
r
If enclosures are not as noted, kindly notify us at once.
GRANT OF PERMANENT EASEMENT
CONSERVATION EASEMENT
INSTRUMENT made this 3rd day of May, 2007, by and between Autobahn MotorPlex,
LLC, hereinafter referred to as "Grantor(s)", and the CITY OF CHANHASSEN, a Minnesota
municipal corporation ("City").
WITNESSETH:
The Grantor(s), in consideration of good and valuable consideration paid by the City, the
receipt and sufficiency of which is hereby acknowledged, grant unto the City a permanent
conservation easement for the purposes set forth in this instrument, over, under, and across the
premises described in the attached Exhibit A ("subject property").
1. Grantor(s) for Autobahn MotorPlex, LLC, heirs, successors, and assigns, agree
that the following are prohibited in perpetuity on the subject property:
A. Constructing, installing, or maintaining anything made by man, including but not limited
to buildings, structures and parking areas, except projects which implement the goals and
policies of the Bluff Creek Watershed Natural Resources Management Plan shall be
permitted.
B. Cutting, removing, or altering trees or other vegetation, except for noxious weed control
by or as directed by a governmental agency.
1
C. Excavation or filling, except for the construction of a storm water pond as reviewed and
approved on December 11,2006 as part of the Autobahn MotorPlex development-
Planning Case #06-34.
D. Application of fertilizers, whether natural or chemical.
E. Application of chemicals for the destruction or retardation of vegetation.
F. The deposit of waste, yard waste, or debris.
G. The application of herbicides, pesticides, and insecticides, except for noxious weed
control by or as directed by a governmental agency.
H. Outside storage of any kind.
I. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife.
2. Grantor(s) for Autobahn MotorPlex, LLC, heirs, successors, and assigns, agree
that the following are permitted in perpetuity on the subject property:
A. Preserve, improve, and enhance the trees, vegetation, and natural habitat and by planting
trees or other native vegetation.
B. City may enter upon the subject property at any time to enforce compliance with the
terms of this instrument or to maintain the storm water pond.
C. Projects which implement the goals and policies of the Bluff Creek Watershed Natural
Resources Management Plan.
GRANTOR(St
~I ~LL-4
Bruno J. Silikowski, Managing Partner
CITY OF CHANHASSEN
2
':tSEAlJ)
1 -
BY
STATE OF MINNESOTA )
/J . / (ss.
COUNTY OF~ )
The foregoing instrument was acknowledged before me this If tf.--day of Y7J a;;--
20~by Bruno J. Silikowski, its Managing Partner.
STATEOFMlNNESOTA )
( ss
COUNTY OF CARVER )
I
~~?~
NOTARY PUBUC
CAROL M. DUNSMORE I
Notary Public-Minnesota
My Commission expires Jan 31. 2010
The foregoing instrument was acknowledged before me this~day ofN\o...v , 2067, by
Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the C~hassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
\.
DRAFTED BY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, Minnesota 55317
(952) 227-1100
,.
KIM t MEUWISSEN j
Notary Public-Minnesota
My Commission Expires Jan 31, 2010
3
EXHIBIT A
PROPOSED EASEMENT DESCRIPTION
FOR CONSERVATION PURPOSES
An Easement for conservation purposes over under and across those parts of the
following described land:
/'
That part of the Southeast Quarter of Section 15, Township 116 North, Range 23,
West of the 5th Principal Meridian described as:
Beginning at the Northeast corner of said Southeast Quarter; thence on an
assumed bearing of North 89 degrees 00 minutes 25 seconds West along the
North line of said Southeast Quarter a distance of 2614.22 feet to the Northwest
corner of said Southeast Quarter; thence South 00 degrees 59 minutes 45 seconds
East along the west line of said Southeast Quarter a distance 1766.11 feet; thence
North 56 degrees 57 minutes 24 seconds East a distance of 669.01 feet; thence
South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence
Northeasterly along a non-tangential curve concave to the Northwest having a
radius of 1859.86 feet; a chord bearing of North 49 degrees 43 minutes 26
seconds East a distance of 394.93 feet; thence North 56 degrees 57 minutes 24
seconds East, not tangent to last described curve a distance of 323.97 feet; thence
South 35 degrees 03 minutes 24 seconds West a distance of 22.98 feet; thence
Southwesterly 120.34 feet along a tangential curve to the right having a radius of
1959.86 feet; thence North 56 degrees 57 minutes 24 seconds East not tangent to
last described curve a distance of 1319.26 feet; thence North 33 degrees 02
minutes 36 seconds West a distance of 12.50 feet; thence North 56 degrees 57
minutes 24 seconds East a distance of 495.70 feet to the East line of said Section
15; thence North 1 degree 15 minutes 22 seconds West a distance of72.51 feet
along the east line of said Section 15 to the point of beginning, according to the
Government Survey thereof. Subject to easement for County State Aid Highway
No. 17.
EXCEPT which lies Westerly of Bluff Creek, the centerline of said creek
described as follows:
Commencing at the Northwest corner of the Southeast Quarter of Section 15,
Township 116 North, Range 23 West of the 5th Principal Meridian; thence on an
assumed bearing of South 89 degrees 00 minutes 25 seconds East, along the North
line of said Southeast Quarter, a distance of 718.45 feet to the point of beginning
of the centerline to be described; thence South 03 degrees 14 minutes 54 seconds
West, a distance of 12.34 feet; thence South 12 degrees 17 minutes 21 seconds
East a distance of 18.26 feet; thence South 86 degrees 42 minutes 32 seconds
East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 36 East, a
distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East, a
distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a
distance of 71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a
distance of 513.32 feet; thence South 01 degrees 27 minutes 58 seconds East, a
distance of 148.78 feet; thence South 08 degrees 14 minutes 13 seconds West, a
distance of 114.78 feet; thence South 30 degrees 49 minutes 36 seconds West, a
distance of 256.50 feet; thence South 30 degrees 12 minutes 30 seconds West, a
distance of 95.70 feet; thence South 22 degrees 09 minutes 40 seconds East, a
distance of 29.71 feet; thence South 10 degrees 54 minutes 04 second West, a
distance of 55.44 feet; thence South 14 degrees 39 minutes 10 seconds East, a
distance of 15.14 feet; thence South 22 degrees 30 minutes 14 seconds West, a
distance of 33.54 feet; thence South 08 degrees 36 minutes 50 seconds West, a
distance of 40.11 feet; thence South 10 degrees 58 minutes 44 seconds West, a
distance of 16.30 feet; thence South 15 degrees 39 minutes 39 seconds East, a
distance of 16.38 feet; thence South 06 degrees 00 minutes 17 seconds East, a
distance of 33.74 feet; thence South 33 degrees 58 minutes 55 seconds east a
distance of 3.27 feetto a point on the Northerly line of the Milwaukee, St. Paul
and Pacific Railroad, said point distance 586.57 feet Northeasterly of the
Southwest corner of the above described property, as measured along said
Northerly Railroad line, and said line there terminating.
That part of the Southeast Quarter of the Northeast Quarter of Section 15,
Township 116 North, Range 23 West of the 5th Principal Meridian described as:
Beginning at the Southeast corner of said Southeast Quarter of the Northeast
Quarter; thence on an assumed bearing of North 89 degrees 00 minutes 25
seconds West along the south line of said Southeast Quarter ofthe Northeast
Quarter a distance of 747.57 feet; thence North 35 degrees 03 minutes 24 seconds
East a distance of 1.50 feet; thence Northeasterly 1042.48 feet along a tangential
curve to the right having a radius of 2814.79 feet to the East line of said Southeast
Quarter of the Northeast Quarter; thence South 00 degrees 24 minutes 06 seconds
East along the East line of said Southeast Quarter of the Northeast Quarter a
distance of 738.57 feet to the point of beginning, according to Government
Survey thereof. Subject to easement for County State Aid Highway No. 17.
Torrens Certificate No 24463
Which lie westerly and northwesterly of a line which commences at the East Quarter
Corner of said Section 15; thence North 89 degrees 00 minutes 25 seconds West,
assumed bearing, along the east-west quarter line of said Section 15 a distance of 814.91
feet to the point of beginning of the line to be described; thence South 7 degrees 44
minutes 18 seconds West, 345.12 feet; thence South 82 degrees 32 minutes 59 seconds
West, 115.63 feet; thence South 36 degrees 26 minutes 56 seconds West, 224.45 feet;
thence South 54 degrees 19 minutes 50 seconds West, 328.70 feet; thence South 42
degrees 07 minutes 35 seconds East, 167.55 feet; thence South 15 degrees 27 minutes 12
seconds East, 138.46 feet to a southerly line of the above described land, where said line
terminates.
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SATHRE-BERGQUIST,INC.
150SOUTHBROAf:JWAY WAYlATA"MN.55391 (952)416-6000
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PROPOSED DRAINAGE &
CONSERVATION EASEMENTS
AUTOBAHN MOTORPLEX
CHANHASSEN,MINNESOTA
AUTOBAHN MOTORPLEX LL.C,
GRANT OF PERMANENT EASEMENT
Autobahn MotorPlex, LLC, "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 Grante.e, hereinafter referred to as the "City", its successors
and assigns, a permanent easement for 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".
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 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 drainage and utility easements.
The above named Grantor, for himself, his heirs and assigns, does covenant with
the City, its successors and assigns, that he is well seized in fee title of the above
described easement premises; that he has the sole right to grant and convey the easement
to the City; that there are no unrecorded interests in the easement premises; and that he
will indemnify and hold the City harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this
Y day of m Ar,/
,2007.
)
) ss.
)
This instrument was acknowledged before me this 1.# day Ofcmcz;t
2007, by Bruno J. Silikowski, Managing Partner. ("\
~2b-~
Notary Public
STATE OF MINNESOTA
COUNTY OF ~
CITY OF CHANHASSEN
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
CAROL M. DUNSMORE ,..
Notary Public-Minnesota
My Commission expires Jan 31, 2010 .
TillS INSTRUMENT WAS DRAFTED BY:
EXHIBIT A
PROPOSED EASEMENT DESCRIPTION
FOR DRAINAGE & UTILITY PURPOSES
A 47.00 foot Easement for drainage and utility purposes over, under and across those
parts of the following described land:
That part ofthe.Southeast Quarter of Section 15, Township 116 North, Range 23,
West of the 5th Principal Meridian described as:
Beginning at the Northeast comer of said Southeast Quarter; thence on an
assumed bearing of North 89 degrees 00 minutes 25 seconds West along the
North line of said Southeast Quarter a distance of 2614.22 feet to the Northwest
comer of said Southeast Quarter; thence South 00 degrees 59 minutes 45 seconds
East along the west line of said Southeast Quarter a distance 1766.11 feet; thence
North 56 degrees 57 minutes 24 seconds East a distance of 669.01 feet; thence
South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence
Northeasterly along a non-tangential curve concave to the Northwest having a
radius of 1859.86 feet; a chord bearing of North 49 degrees 43 minutes 26
seconds East a distance of 394.93 feet; thence North 56 degrees 57 minutes 24
seconds East, not tangent to last described curve a distance of 323.97 feet; thence
South 35 degrees 03 minutes 24 seconds West a distance of 22.98 feet; thence
Southwesterly 120.34 feet along a tangential curve to the right having a radius of
1959.86 feet; thence North 56 degrees 57 minutes 24 seconds East not tangent to
last described curve a distance of 1319.26 feet; thence North 33 degrees 02
minutes 36 seconds West a distance of 12.50 feet; thence North 56 degrees 57
minutes 24 seconds East a distance of 495.70 feet to the East line of said Section
15; thence North 1 degree 15 minutes 22 seconds West a distance of72.51 feet
along the east line of said Section 15 to the point of beginning, according to the
Government Survey thereof. Subject to easement for County State Aid Highway
No. 17.
EXCEPT which lies Westerly of Bluff Creek, the centerline of said creek
described as.follows:
Commencing at the Northwest comer of the Southeast Quarter of Section 15,
Township 116 North, Range 23 West of the 5th Principal Meridian; thence on an
assumed bearing of South 89 degrees 00 minutes 25 seconds East, along the North
line of said Southeast Quarter, a distance of 718.45 feet to the point of beginning
of the centerline to be described; thence South 03 degrees 14 minutes 54 seconds
West, a distance of 12.34 feet; thence South 12 degrees 17 minutes 21 seconds
East a distance of 18.26 feet; thence South 86 degrees 42 minutes 32 seconds
East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 36 East, a
distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East, a
distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a
distance of 71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a
distance of 513.32 feet; thence South 01 degrees 27 minutes 58 seconds East, a
distance of 148.78 feet; thence South 08 degrees 14 minutes 13 seconds West, a
distance of 114.78 feet; thence South 30 degrees 49 minutes 36 seconds West, a
distance of 256.50 feet; thence South 30 degrees 12 minutes 30 seconds West, a
distance of 95.70 feet; thence South 22 degrees 09 minutes 40 seconds East, a
distance of 29.71 feet; thence South 10 degrees 54 minutes 04 second West, a
distance of 55.44 feet; thence South 14 degrees 39 minutes 10 seconds East, a
distance of 15.14 feet; thence South 22 degrees 30 minutes 14 seconds West, a
distance of 33.54 feet; thence South 08 degrees 36 minutes 50 seconds West, a
distance of 40.11 feet; thence South 10 degrees 58 minutes 44 seconds West, a
distance of 16.30 feet; thence South 15 degrees 39 minutes 39 seconds East, a
distance of 16.38 feet; thence South 06 degrees 00 minutes 17 seconds East, a
distance of 33.74 feet; thence South 33 degrees 58 minutes 55 seconds east a
distance of3.27 feet to a point on the Northerly line of the Milwaukee, St. Paul
and Pacific Railroad, said point distance 586.57 feet Northeasterly of the
Southwest corner of the above described property, as measured along said
Northerly Railroad line, and said line there terminating.
That part of the Southeast Quarter of the Northeast Quarter of Section 15,
Township 116 North, Range 23 West of the 5th Principal Meridian described as:
Beginning at the Southeast corner of said Southeast Quarter of the Northeast
Quarter; thence on an assumed bearing of North 89 degrees 00 minutes 25
seconds West along the south line of said Southeast Quarter ofthe Northeast
Quarter a distance of 747.57 feet; thence North 35 degrees 03 minutes 24 seconds
East a distance of 1.50 feet; thence Northeasterly 1042.48 feet along a tangential
curve to the right having a radius of 2814.79 feet to the East line of said Southeast
Quarter of the Northeast Quarter; thence South 00 degrees 24 minutes 06 seconds
East along the East line of said Southeast Quarter of the Northeast Quarter a
distance of 738.57 feet to the point of beginning, according to Government
Survey thereof. Subject to easement for County State Aid Highway No. 17.
Torrens Certificate No 24463
Which lie 22.00 feet to the right and 25.00 feet to the left of a line which commences at
the East Quarter Comer of said Section 15; thence North 00 degrees 24 minutes 31
seconds West, assumed bearing, along the East line of said Northeast Quarter of Section
15, a distance of 271.91 feet to the point of beginning of said line; thence South 89
degrees 35 minutes 29 seconds West, 63.07 feet; thence southwesterly along a tangential
curve, concave to the south, a distance of 85.38 feet, said curve has a radius of 100.00
feet and a central angle of 48 degrees 55 minutes 05 seconds; thence South 40 degrees 40
minutes 24 seconds West, tangent to the last described curve, 157.91 feet; thence
southerly along a tangential curve, concave to the east, a distance of 191.68 feet, said
curve has a radius of 150.00 feet and a central angle of 73 degrees 12 minutes 57
seconds; thence South 32 degrees 32 minutes 33 seconds East, tangent to the last
described curve, 22.02 feet; thence southerly and southwesterly along a tangential curve,
concave to the northwest, a distance of 79.66 feet to a point hereinafter described as
"Point A," said curve has a radius of 100.00 feet and a central angle of 45 degrees 38
minutes 23 seconds; thence continuing along said curve a distance of 76.61 feet, said
curve has a radius of 100.00 feet and a central angle of 43 degrees 53 minutes 48
seconds; thence South 56 degrees 59 minutes 38 seconds West tangent to the last
described curve, 237.90 feet; thence South 55 degrees 04 minutes 14 seconds West,
327.48 feet; thence South 56 degrees 57 minutes 49 seconds West, 74.36 feet to a point
hereinafter known as "Point B," where said line terminates.
Also an Easement for drainage and utility purposes over, under and across that part of the
above described land the which lies within a circle described as commencing at the above
described, "Point A;" thence South 76 degrees 54 minutes 10 seconds East, 6.88 feet to
the center of said circle, said circle has a radius of 50.00 feet. Said Easement, within said
circle, lies southeasterly of above described 47.00 foot strip easement.
Also an Easement for drainage and utility purposes which begins at the above described,
"Point B;" thence North 33 degrees 02 minutes 11 seconds West, 79.23 feet; thence
North 07 degrees 56 minutes 13 seconds West, 181.45 feet; thence South 82 degrees 32
minutes 59 seconds West, 104.50 feet; thence South 36 degrees 26 minutes 56 seconds
West, 224.45 feet; thence North 83 degrees 59 minutes 30 seconds East, 89.08 feet:
thence South 33 degrees 26 minutes 11 seconds East, 198.34 feet to a southerly line of
the above described land; thence North 56 degrees 57 minutes 49 seconds East, along
said southerly line, 146.77 feet; thence North 33 degrees 02 minutes 11 seconds West,
29.29 feet to the point of beginning.
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