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Grant of Permanent Easement for Drainage & Utility Purposes-Recorded Thom;ls J. C;lmpbcll Rogcr N. Knutson Thom;ls 1\1. Scott Elliott B. II-nctsch Jocl J. J;lmnik Andrc:! 1\lcDowcll Pochlcr Sorcn 1\1. l\1:1ttick John F. II-clly Hcnry A. Schaeffer, "I Alin:! Schw:!rtz S;lmucl J. Edmunds Cynthi;l R. Kirchoff l\brgucritc 1\1. l\lcC:!rron USO Corl'or;lte Center Curve Suite 317 . b~3n, ~IN 55121 651-452-5::0 Fax 651-452-5550 ,,"ww.ck-law.com CAMPBELL KNUTSON Professional Association *** RECEIVED JAN 2 3 2008 CITY OF CHANHASSEN Direct Dial: (651) 234-6222 E-mail Address:snelson@ck-law.com January 21,2008 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN -AUTOBAHN MOTORPLEX PROJECT #06-34 ~ Conditional Use Permit #2006-34 ~ Grant of Permanent Easement for Conservation Purposes ~ Grant of Permanent Easement for Drainage & Utility Purposes (Part of the SE ~ of Section 15-116N-23W and Part of the SE ~ of the NE ~ of Section 15-116N-23W - Torrens Certificate No. 33040.0) Dear Kim: Enclosed for the City's files please find original recorded Conditional Use Permit #2006-34, Grant of Permanent Easement for Conservation Purposes and Grant of Permanent Easement for Drainage and Utility Purposes in connection with Autobahn Motorplex Project #06-34. These documents were recorded with Carver County on June 6, 2007 as follows: CUP #06-34 was recorded on June 6, 2007 as Torrens Document No. T163177. Grant of Permanent Easement for Conservation Purposes was recorded on June 6, 2007 as Torrens Document No. T163178. Grant of Permanent Easement for Drainage & Utility Purposes was recorded on June 6, 2007 as Torrens Document No. T163179. Regards, CAMPBELL KNUTSON Professional Association B SRN :ms Enclosures OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Check # 17407 Cert # 33040 Fee: $ 46.00 Certified Recorded on 06-06-2007 at 02:00 D AM ~ PM 2007-06-06 Of jj 11111 n 1111 nil ~IIII c:~::,:~~~r Document No. T 163179 111111111111 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 Grantee, 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 'i day of m As'( ,2007. STATE OF MINNESOTA COUNTYOF~ ) ) ss. ) This instrument was acknowledged before me this fffi day Of~-!l!: 2007, by Bruno J. Silikowski, Managing Partner.of Autobahn Motorplex ,a Minnesota limited liability mnpany, on its ~~_~ Notary Public THIS INSTRUMENT WAS DRAFTED BY: ..~ CAROL M. DUNSMORE , Notary Public-Minnesota My Commission Expires Jan 31, 2010 CITY OF CHANHASSEN P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 , . EXHIBIT A DRAINAGE & UTILITY EASEMENT DESCRIPTION An 47.00 foot easement for drainage and utility 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 o degrees 59 minutes 45 seconds East along the west line of said Southeast Quarter a distance of 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 394.9~ 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 12.50ifeet; 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 of 72.51 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 l~ne 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 0 degrees 11 minutes 36 seconds 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 seconds 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 secqnds 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 ~f 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 feet to a point on the northerly line of the ~lwaukee, 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 R/R 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 ,I 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 of the 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 tangeptial 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 0 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. 33040. 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 r,ninutes 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 toa 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. , . 1< W:\ProjeclS\6307-001_FINALPLAT_AlITOBAHN MOTOR COMPLEX\Info\LEGAL DESCRlPTlONS\AlJrOBAHN DRAINAGE & UTILITY DESC(04132007Ldoc \' .............; ... " ",-' ....... .... 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