Recorded DocumentsCAMPBELL KNUTSON
November 12, 2013
Mr. Bob Generous
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
Re: Jeurissen Ridge
Dear Mr. Generous:
NOV 15 2013
CITY OF CHANHASSEN
Enclosed herewith for your files are the following original, recorded
documents relating to the plat of Jeurissen Ridge:
1. Development Contract recorded with the Carver County Recorder
on August 15, 2013, as Document No. A582551;
2. Grant of Permanent and Temporary Easements from Degler Land
Company, LLC to the City for public roadway and utility purposes
recorded on August 15, 2013, as Document No. A 582553;
3. Grant of Permanent and Temporary Easements from Chanhassen ✓
Residential Development Partners, LLC to the City for public
roadway and utility purposes recorded on August 15, 2013, as
Document No. A 582554; and
4. Easement for permanent flowage and preservation and protection of
wetlands, recorded October 7, 2013, as Document No. A 585320.
If you have any questions regarding the above, please give me a call.
cjh
Enclosure
Very truly yours,
CAMPBELL KNUTSON
Professional Association
M 't
�N�y
Legal Assistant
Document No. OFFICE OF THE
A 582551 COUNTYRECORDER
CARVER COUNTY, MINNESOTA
Receipt # RA 201300009439
Certified Recorded on August 15, 2013 4:30 PM
1111111111111111111
Fee: $48.00
Mark Lundgren
County Recorder
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
JEURISSEN RIDGE
DEVELOPMENT CONTRACT
� � l-p-
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
JEURISSEN RIDGE
SPECIAL PROVISIONS
AGREEMENT dated JULY 22, 2013 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City "), and, B. ELMER FAMILY FARMS, LLC, a
Minnesota Limited Liability Company (the 'Developer ").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
JEURISSEN Ridge (referred to in this Contract as the "plat "). The land is legally described on the
attached Exhibit "A ".
2. Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with
the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat.
3. Development Plans. The plat shall be developed in accordance with the following
plan: Final plat approved JULY 22, 2013, prepared by Pioneer Engineering.
4. Notice. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
B. ELMER FAMILY FARMS, LLC
ATTN: BRUCE JEURISSEN
1945028 IST STREET
BELLE PLAINS, MN 56011 -5010
Phone: 952- 873 -6020
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address:
Chanhassen City Hall
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
Telephone (952) 227 -1100
5. Other Special Conditions.
A. Dedicated access to Outlot A must be provided prior to recording the plat.
B. The existing driveway access to TH 212 must be closed except for access for
agricultural purposes only on Outlot C, Jeurissen Ridge. An access easement across Outlot B,
Jeurissen Ridge shall be recorded which shall follow the existing driveway alignment with a
width of approximately 26 feet. Said easement shall be vacated should alternate access to Outlot
C, Jeurissen Ridge become available.
C. Unless the Bluff Creek Boulevard Improvements assessment, City Project 06 -05,
levied against the property described on Exhibit "A" is paid in full before the plat is recorded the
assessment is reapportioned against Outlot A. As of June 6, 2013, the assessment amount with
accrued interest was $796,302.31.
D. The Bluff Creek Overlay District primary zone, Outlot `B ", shall be conveyed to
the City by warranty deed free and clear of any encumbrances or a preservation easement
acceptable to the City shall be established over Outlot B before the plat is recorded.
E. Before any development plans are submitted for Outlot C the property owner shall
provide appropriate technical information, including but not limited to a topographical survey,
flora and fauna survey and soil data deemed necessary for the city to determine the exact
watershed zone boundary on Outlot C, Jeurissen Ridge. Data for watershed zone delineation
shall be generated and provided by a qualified professional specializing in watershed
management, environmental science or other related profession. Development of Outlot C
Jeurissen Ridge would be inconsistent with the adopted Alternate Urban Area wide Review,
AUAR. Any development would need to conduct additional environmental documentation or
review or request an amendment to the 2005 AUAR.
2
(SEAL)
STATE OF MINNESOTA)
(ss.
COUNTY OF CARVER )
CITY OF CHANHASSEN
r
BY: l %"
Thomas �A. Furlong, Mayo�Ir�
AND: /'�[ � _�'
odd Gerhardt, City Manager
B. ELMER FAMILY FARMS, LLC
BY•� %! ^�
Bruce J � ' en, Its Chief Manager
Te fogoing instrument was acknowledged before me this day of
13, by Thomas A. Furlong, Mayer, and by Todd Gerhardt, City Manager, of the
jCofihanhassen, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
NOTARY PU LIC
STATE OF MINNESOTA)
(ss. KAREN J, ENGELHARDT
COUNTY OF Notary Public•Minnesota
'a: My Commisslon Expires Jan 31, 2015
The foregoing instrument was acknowledged before me this day of
2013, Bruce Jeurissen, Chief Manager of B. Elmer Family Farms, LLC, a
Minne ota Limited Liability Company, on behalf of the company.
NO ARY P
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147 PIATRICKJNEAMN
Chanhassen, MN 55317 N®iMAYNNUC•MNvtaEeoiA
(952) 227 -1100 �' "�
EXHIBIT "A" TO DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
The Northwest Quarter of the Northwest Quarter of Section 26, Township 116, Range 23, Carver
County, Minnesota (referred to herein as Tract A).
ALSO: Commencing at the Southwest corner of Section 23, Township 116, Range 23; thence
running North on Section Line 30 feet; thence in a straight line to a point on the South Section line
of said Section, 30 feet East of the Southwest comer of said Section; thence West 30 feet to said
Southwest corner of said Section and place of beginning. Being a three- cornered piece in
Southwest corner of said Section 23, Township 116, Range 23,
ALSO: Beginning at the Southeast comer of the Northwest Quarter of the Northwest Quarter of
Section 26, Township 116, North of Range 23 West; thence south along the quarter - quarter section
line a distance of 800 feet to Carver County Road No. 14; thence east along the north line of said
Carver County Road No. 14 a distance of 26 feet; thence north parallel to the aforementioned
quarter- quarter section 827 feet to a point 26 feet north of the east -west quarter - quarter section line
of the Northwest Quarter of said Section 26, thence West a distance of 26 feet to the quarter - quarter
section line; thence south a distance of 26 feet to place of beginning (referred to herein as Tract B).
EXCEPT: that part of Tract A which lies Easterly of LINE 1 described below
LINE 1. Commencing at the north quarter corner of said Section 26; thence run west on an azimuth
of 271 degrees 56 minutes 13 seconds along the north line of said section 1634.23 feet to the point
of beginning of Line 1 to be described; thence on an azimuth of 124 degrees 59 minutes 41 seconds
for 366.71 feet; thence on an azimuth of 179 degrees 51 minutes 07 seconds for 478.28 feet; thence
on an azimuth of 225 degrees 16 minutes 10 seconds for 201.73 feet; thence on an azimuth of 218
degrees 08 minutes 53 seconds for 606.64 feet to a point on the south line of said Northwest Quarter
of the Northwest Quarter and there terminating.
and EXCEPT that part of Tract B which lies Northwesterly and Southwesterly of LINE 2 described
below:
LINE 2. Commencing at the point of termination of Line 1 described above; thence run east on an
azimuth of 91 degrees 23 minutes 44 seconds along the south line of the North half of the Northwest
Quarter of said Section 556.16 feet to the point of beginning of Line 2 to be described; thence on an
azimuth of 218 degrees 00 minutes 59 seconds for 448.73 feet; thence on an azimuth of 200 degrees
42 minutes 57 seconds for 323.97 feet; thence on an azimuth of 105 degrees 08 minutes 31 seconds
for 351.75 feet; thence on an azimuth of 99 degrees 25 minutes 54 seconds for 510.00 feet and there
terminating.
Together with right of access retained in Quit Claim Deed Document No. 310751 pursuant to
Access Driveway Permit dated August 26, 2012.
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
GCv
which holds a mortgage on the subject property, the development of which is govp (ned by the
foregoing Development Contract, agrees that the Development Contract shall remain in full force
and effect even if it forecloses on its mortgage.
Dated this 31stdayof July 20 13
Gary D. Brandenburg
CITIZENS STATE BANK NORWOOD YOUNG AMERICA
STATE OF MINNESOTA )
(ss.
COUNTY OF Carver )
The foregoing instrument was acknowledged befog me this31st day of July
2013 by Gary Brandenburg , Sr. Vice Pr siAant of rit,i7ons_.
State Bank Norwood Young America, on its behalf. /
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227 -1100
KATHLEEN M IWUfiMANN
NOTAI{M PUBLIC- MINtdE$ft
MY CQMNIISSION EMPIRES 1131,'2016
u)
Document No. OFFICE OF THE
A 582553 COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Receipt # RA 201300009439
Certified Recorded on August 15, 2013 4:30 PM
Fee $48.00
582553
Mark Lundqren
1111111111111111111 County Recorder
(reserved for recording infor=Uon)
GRANT OF PERMANENT
AND TEMPORARY EASEMENTS
DEGLER LAND COMPANY, LLC, a Minnesota limited liability company, hereinafter
referred to as "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 municipal corporation organized under the laws of the State of
Minnesota, the Grantee, hereinafter referred to as the "City ", its successors and assigns, the
following easements:
1. A permanent easement for public roadway and utility purposes over, across, on,
under, and through land situated within the County of Carver, State of Minnesota, as legally
described on the attached Exhibit "A" and depicted on the attached Exhibit "B ", 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 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 and utility easements.
9947977v3
1
2. A temporary construction easement 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" and depicted on the attached Exhibit `B." To have and to hold the same, unto the City, its
contractors, agents, servants and assigns, commencing upon execution of this document and
expiring June 15, 2014, together with the right of ingress to and egress from the temporary
easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and
maintaining the property of the City, at the will of the City, its successors and assigns. Grantor
hereby grants the uses herein specified without divesting itself of the right to use and enjoy the
above described temporary easement premises, subject only to the right of the City to use the
same for the purposes herein expressed. As a condition of said temporary construction easement
grant, the City shall, upon completion of construction and prior to termination, restore the ground
surface of the temporary construction easement premises to its original condition so far as is
reasonably practicable with the exception of any grade changes, bank sloping, ditching, fills,
slope construction, cuts and any removal of earth, other materials, trees and other vegetation.
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 above described easement
premises; that it has the sole right to grant and convey the easements to the City; that there are no
unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless
for any breach of the foregoing covenants.
99479770 2
IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this A'
day of , 206.
GRANTOR:
DEGLER LAND COMPANY, LLC
By: =: :O P D Z'� -
Its Chid Manager
STATE OF MINNESOTA )
)SS.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this '7 y' day of
aAjzc 20_L3, by Cka�� = , the Chief Manager of
Degler Land Company, LLC, a Minnesota limited liability company, on behalf of said company,
Grantor.
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporation Center Curve
Eagan, Minnesota 55121
Telephone: 651 - 452 -5000
RNK/cjh
9947977v3
NOTARY PUB MC
- - %��j KAREN KAY BERG' ,.
(y Notary Public,
,1, Minnisota
M Commission ExPhes January 31, 2017
j
EXHIBIT "A"
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENTS
A permanent easement for public roadway and utility purposes over, under and across ...
PROPOSED ROADWAY EASEMENT
A 601. O foot wide easement for roadway purposes; lying over, under and across Curibt B, THE PRESERVE AT BLUFF CREEK 1ST ADDITION, according
to the recorded plat thereof, Carver County, Mirrasota. The centerline of said easement is described as follows:
Commencing at the southeast corner of said Cutlet B: thence on an assumed bearing of North fib degrees 08 minutes 10 secords West, along the.
wets Irve of said Outlet B, a disiance of 115.38 fact, to On, pain[ at beginning o' the ccrtcrline to be described; cherce northerly, a distance of
8.80 feet, along a roctangential curve, concave to the northeast, havirg a central angle of Oi degrees 38 minutes 31 seconds, a radius of 300,00
feet and a chord bearing c` North 12 degrees 02 minutes 16 seconds West: trance North P degrees '_S mirutes BO secords West, tangert ',o said
curet: a distance of 35.09 'cut; ihorwo nurfrr"'fly. a distance of 252. "i8 'sot, ulorg a targential care¢ concrro to the southwest, having u radius
of 3CO.CO feet and a central angle of .8 degrees !4 minutes 23 secords: thence northwesterly. a distance of 133.34 feet, along a reverse curve,
concave to the northeast, having a radius of 300.00 feet and a central angle o' 25 degrees 27 minutes 57 seconds. thence North 33 degrees 59
minute, 27 secords West, tangent to said curve, a dismncc of 76.69 fact, to the northwesterly line of suid Cutlot 8 and there terminating.
The sidelines of said easement shall be prolonged or shortened to terminate or sold south and northwesterly lines of Outlet B.
PRCPCSEC -yAIKAGE AND 11TIUTY EASEMENT
An 8, CO foot wide rwscrocnt far drairage and utility purposeq . lying over, under and ears;; Cape!! B, THE PRESERVE AT BLUFF CREEK 15T ADDITION.
accordinc to the recorded plat thereof, Carver Ccarty, Minnesota. The centerline of said easement, Is described as `ollows.
Commencing at the southeast carrier of said Oatict 6: thence or an assurned bearing of North 88 degrees 08 mirutes 10 seconds West, along the
south line at said Outlet 0, a distance of '15.:58 feet, to tre point of beginning of the centerline to he described; 'hence northerly, a distance of
S.GO tact. along a nnntartgontiol curve, concave to it,, northeast. boving a central angle of 01 degrees 38 ndn.ce, 31 ;,,cords, a radius of 300.08
feet and a chord bearing o' North 12 degrees 02 minutes 16 seconds West; thence North 1'. degrees '3 r•ir ores 00 secords 'West, tangert to said
curve a distance of 35.03 'eat: thence northwesterly, a distance of 252.58 feet, along a tangential curve, concave to the southwest, having a radius
or ,500.00 foot and n central angle of 48 degrees '4 minutes 23 seconds: thence northwastmly, a distance of 133.34 feet, alor-g a n :vcrse curve,
nancave to the northeast, Inane a radius of 300.00 feel and a central angle a' 25 degrees 27 minutes 57 seconds; thence North 33 degrees 59
minuies 27 se ..ds West, tangent to soid curve, a dismoce of 7ti.69 feet, to the rorthwesterly line of said Cutlet B and there terminating.
The. sidelines of said easement shall be prolonged or shortened to terminate on said soatr and northwesterly fires of Outlet 0
AND
A temporary construction easement over, under and across ...
PROPOSED TEMPORARY COP.di74.; CTIOS EASEMENT
A 200,00 foot wide temporary easement far construction purposes lying over, under and across Outlet 8, THE PRESERVE AT BLUFF CREEK 1ST
ADDITION, according to the recorded plat thereof, Carver County, Minnesota. The centerline of said easement is described as follows:
Commencing at the southeast corner of said Outlot. B; thence or on assumed bearing of North 88 degrees 08 minutes 10 seconds West, along the
south lire of said Outlet H, a distance of 115.38 feet, to the point of beginning a' the centerline to be described; thence northerly. a distance of
8.60 fact, along a aontangcntial curve, concave to the northeast, having a control angle a' Ol degrees 38 minutes 31 seconds, a radius o' 300.00
feet and a chord bearing o' North '!2 degrees 02 minutes 16 seconds West; thence North 11 degrees '3 minutes 00 secords West, tangent :o said
curve a distance of 35.09 feet thence northweszarty, a distance of 252.58 feet, along a targential curve, concave to the southwest, having a radius
of 300.00 feet and a central angle a` tB degrees '4 rriratas 23 secords menco northwesterly, a distance of 133.34 feet, along a reverse curve,
concave to the northeast, having a radius of 380.00 feet and a central angle ou 25 degrees 27 minutes .^7 seconds; thence florth 33 degrees 59
minutes 27 seconds West, tangent to said curve, a distance of 76.64 feet, to the northwesterly line of said Outlet B and there terminating.
The siclelli of said easement shall bo prolonged or shortened to terminate or said south and rarthwesteriy lines of Outlet 3.
THIS DOCUMENT WAS
RECORDED IN AN
ILLEGIBLE CONDITION
9947977v3
EXHIBIT "B"
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENTS
THIS SKETCH GCES NOT "JRPCRT TO SHG'8 THE EXISTENCE CR NC \EXISTENU OF ANY
ENCROACHMENTS F4OV 0R ONTO THE HEREON CESCRIBED -A',0, EASEMENTS OF RECtlR^
., ^.'.Ei: "e)ED EASE'd ENTS WHICH AFFECT SAIL` LAVP C{ A "!Y INS +ROVENENT$ TO SAID LAN ). /
/ Q
\20 V 0
120 60 0 120
Scale in Feet
a;ua J`) A v
hv+�,
s 's\
r riv nl AA Jgd A
SOUL LINE OF 0,,Raf ,
9947977v3 5
SE CORNER OF 007LOT
ii
�fl
Document NO. OFFICE OF THE
A 582554 COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Receipt # RA 201300009439
Certified Recorded on August 15, 2013 4:30 PM
Fee: $48.00
582554
Mark Lundgren
County Recorder
(reservedfor recording information)
I L OMWMAE110OWN1
AND TEMPORARY EASEMENTS
CHANHASSEN RESIDENTIAL DEVELOPMENT PARTNERS, LLC, a Minnesota
limited liability company, hereinafter referred to as "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 municipal corporation
organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the
"City ", its successors and assigns, the following easements:
1. A permanent easement for public roadway and utility purposes over, across, on,
under, and through land situated within the County of Carver, State of Minnesota, as legally
described on the attached Exhibit "A" and depicted on the attached Exhibit `B ", 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 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 and utility easements.
10008063v1 1
2. A temporary construction easement 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" and depicted on the attached Exhibit `B." To have and to hold the same, unto the City, its
contractors, agents, servants and assigns, commencing upon execution of this document and
expiring June 15, 2014, together with the right of ingress to and egress from the temporary
easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and
maintaining the property of the City, at the will of the City, its successors and assigns. Grantor
hereby grants the uses herein specified without divesting itself of the right to use and enjoy the
above described temporary easement premises, subject only to the right of the City to use the
same for the purposes herein expressed. As a condition of said temporary construction easement
grant, the City shall, upon completion of construction and prior to termination, restore the ground
surface of the temporary construction easement premises to its original condition so far as is
reasonably practicable with the exception of any grade changes, bank sloping, ditching, fills,
slope construction, cuts and any removal of earth, other materials, trees and other vegetation.
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 above described easement
premises; that it has the sole right to grant and convey the easements to the City; that there are no
unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless
for any breach of the foregoing covenants.
10008063v1
IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this 7
day of August, 2013.
STATE OF MINNESOTA
)ss.
COUNTY OF CARVER
GRANTOR:
CHANHASSEN RESIDENTIAL
DEVELOPMENT PARTNERS, LLC
By.
Its C Manag
tZ
The foregoing instrument was ac owledged before me this day
c� 20_, by �DG� J. kn owq , the Chief Manager
Chsidential Development Partners, LLC, a Minnesota limited liability company,
behalf of said company, Grantor.
DRAFTED BY:
CAMPBELL KNUTsoN
Professional Association
317 Eagandale Office Center
1380 Corporation Center Curve
Eagan, Minnesota 55121
Telephone: 651- 452 -5000
RNK/cjh
1
r i Ir jV
10008063vl
rte, - �KARE-.N KAY KAY
�. ^gg notary Publie
�`� IIAInnQSOla
fires Janua 31, 20[7
M Com!niss -on Ex
of
of
on
EXHIBIT "A"
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENTS
A permanent easement for public roadway and utility purposes over, under and across ...
PRC10SE7 40A--WAY EASEVENT
A of) CO ?not wide easement for roadway purposes lyirq aver under and across Cutlet H, THE ekESERVE AT .,CUFF CREEK 1ST ADDITION, aecondirg
to -.h. rr, ordcd plat dorubf, Curvar Ccnmty. Mlrr'c,, -.s Tlo cent.Hwe of said ra,urnew 1, dascrlhcd as follows:
;;omnxendrg at the southeast corner of said Oatlot H: thence on an assumed bearing of North 88 degree., 08 minutes 10 seconds West, along the
scdtt 14 sold Outlet 6, a dhs[ance of 1151 38 fact, to the poln' of beginning c' the acrterlire To be dnserlbed; thence northerly, a distance of
8.80 feet, along a cantangentiol curve, concave to the northeast, having a central angle of CI degrees 38 minutes 31 seconds, a radius of 30C.00
feet aed a chord bearing c' fmrtb 17 degrees 07 minutes to seconds West- tPence North I' degrees '3 minutes 00 seconds 'West, tangent to said
cure, a distance of 35.09 '• t [,sloe nor'hwes'.n[y, a aistarer of 252.58 `cut, slate a torgentlal curve. coueave to the sau'.hst-t, having a radius
of 300.00 feet artl a centrol�arate of 48 degrees 'e rairites 23 secords; thence northwesterly, a distance of 133.34 feet, along a reverse curve,
concave to the northeast, having a radius of 300.00 fact and a central angle o` JS degrees 21 mirute_n S/ seconds; thence North 3,5 degrees 59
minutes 27 s cords ilkst, tgngant to said curve, a di,`.ance of 76.69 feet, 'a the rcrthwco arty line of euld Outlet H urd thew ten .ti oa g.
The sldelince of said easement shall be prolonged or shortened to terminate or said "oath and northwesterly line-, of Cutlet =.
PRDPOSEJ ]RAInAGE AHD ;,TILITY EASEMENT
An 80.00 'oat mde casement for drainage and utility parti lyir•g over, .ender and across Cutlet S. THE PRESERVE AT BLUFF :REEK 15T ADDITION,
accordinc to the recorded plaE thereof, Carver County, Minnesota. The centerline of said easemer€ is described as follows'.
Comn-:rcirrg a' the eoutheost ccrnor of said Gatlat 0; thence cr an ossunrvd bearing of North 88 degrees 08 reirutes ;0 secords' West, along the
south Iin€ of said Jurist H, a distance of 115.38 feet, to the polar of beginning of the certerlirc to he described; '.horse northerly, a distance of
8.90 ...rt, along a rortarycntlal curve, rnn;a•n to the northeast, hgvirg a control angle ei Ot d grer;s 38 riir_rtes .S1 secords. o radius of SL003
feet and a chord bearing of north 12 degrees 02 minutes 16 rrconds West; thence N*Hl, 1' degrees '3 rnlrutes 00 seconds West, tangert to said
„urvo a distance of 35.03 'set; thence northwesterly, a distance, of 252.58 °set, along a targentiol curve, concave to the southwest, having a radius
of .400.00 feet artl a ttnh'gl angle . ^° cg dagrece ?4 mlr dies ll seconds; thence northwesterly, a distnrrr of 1.S6.34 feet, along a reverse curve,
concave to the nartl= =east, [,.Inc a radius of 300.00 feet and a central angle o` 25 degrees 27 minutes 57 seconds; tierce North 33 degrees 59
mirmfes 27 secords West, torgent to said curve, a distance or )6.69 feet, [a the rorthwesterly line of said Outlet 6 and there terming *.inn.
The ciddires of said r- aaement shall he prolonged or shortened tc terminate or said :oith and rorthwesterly lire. of Cutlet
AND
A temporary construction easement over, under and across ...
sROPCSEO TEUPC -?ARY CONST'2,1CTION EASEMENT
A 200,01 fcc' wide• mporary nasorrcnt for corstructlot, p'r rues -;: Iylno over, urdvr oral unrest 04lof i, THE PRESERVE AT 3L.JFF CREEK ?ST
ADDITIC according to the recorded plat thereof, Cri County, Whr'csota. The centerline of said easernent is described as fellows;
Commencing at the wutheast corner of said Oatic' d; thence or an assumed bearing of North 88 degrees 08 mirutes 10 secords West, along the
s:%A!, lire if said Ouaot d, a distance of 118,38 feet, to Vhe point of begiiumj a` the certerline to b< described; there.,, nor:hedy, a distance of
&.60 fret along a rortongantial curve, concave to the northeast, having a central angle o` 01 degrees 38 minutes 31 seconds, a radius a` 300.00
feet and a chord bearing of North 12 degrees C2 minutes 16 seconds 'Nest; thence North Y degrees '.3 r-irutes 00 secords West, Tangent to said
curve a distance of 6'.09 'eei; tPence northwesterly, a distance of 952.58 'eel, along a targeMial curve, concave to the so 7insest, having a radius
of 300.00 feat and a central angle c-' c8 decrees '4 r ^irates 23 secords; thence northwesterly. a distance of 133.34 feet, along a reverse curve,
concave to the northeast, having a radius of 300.00 feet and a central seals of 20 degrees 21 mirures 57 secords; thence North 3.3 degrees 59
minutes 27 secords West, 'tangent to said curve, a distance a` 76.64 feet, to the rerthwrsterly line, of said Outlet 9 and there terminating.
The sidelines of said eaeement shall be. prolonged or shortened to terminatc or suid sc_rth and riot thwasterly lines of Outot R.
T4IS DOCUMENT WAS
RKORDED IN AN
PtJ'MI)ITION
10008063x1
EXHIBIT "B"
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENTS
+ THIS SKETCH COE5 NOT = RPORT TO SHOW THE EXIST6<CE O@ N9\E %I TE%CE OF ANY
Er, I ROACHMENTS FROM OR ONTO THE HBECN CESCRIBEO LAM), EASEMENTS OF RE -:C a
UC E) E,ASEVEf.TS WHICH AFFECT SAID LAND) 2 ANY IV IRbvE1E.T5 TO Al C, LAC i-
l
i
o pj i 5p
P
J
120 80 0 120
Scale in Feet
J \ \\ \\
SOURS l ME O! 'u., fLbr N
9 .3p51� t15. SS
n *pwT1�5``
_ Ce"
5£ CORNER OF OOTLCT 3-
10008063vl 5
CARVER COUNTY
RECORDER /REGISTRAR OF TITLES
DOCUMENT Cr - --
Document No. OFFICE OF THE
A 585320 COUNTYRECORDER
CARVER COUNTY, MINNESOTA
Receipt # RA 201300011292
Certified Recorded on October 07, 2013 3:08 PM
DOCUMENT
TITLE:
DOCUMENT
DATE:
DOCUMENT
NAMES:
Fee. $46 00
5853?0
Mark Lundqren
IIIII IIIIIIIIIII III County Recorder
EASEMENT
THIS INSTRUMENT, is made this 2Z.yJ day of —�iA ` 2013, by
B. ELMER FAMILY FARMS, LLC, a Minnesota limited liability company ( "Grantor "), for
the benefit of the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City").
The Grantor, in consideration of good and valuable consideration provided by the City,
the receipt and sufficiency of which is hereby acknowledged, hereby grants the City a permanent
easement ( "Easement') for flowage and preservation and protection of wetlands, wetland buffer
areas, steep slopes, woodlands and open spaces over, under, on and across the following land within
the City of Chanhassen, County of Carver, State of Minnesota and legally described on the
attached Exhibit "A" (the "Easement Property").
Grantor, its successors and assigns, hereby covenants and agrees as follows:
1. The following are prohibited within the Easement Property, except as permitted
by this Agreement, unless the Grantor obtains the consent of the City or a release of this
Easement or portion thereof by the City.
A. Constructing, installing, or maintaining anything made by man, including but not
limited to buildings, structures, walkways, fences, fireplaces, clothes line poles,
playground equipment, roads or hardcover of any nature whatsoever, except: 1)
feeders, bird houses, and other devices intended to foster wildlife; and 2) a 26 foot
wide driveway to be used solely to access Outlet C, Jeurissen Ridge Addition,
from Pioneer trail, solely for agricultural purposes, which use must cease when
Outlot C is no longer used for agricultural purposes or if an alternate access is
provided to Outlot C. The driveway provided for in this section shall be
maintained in its current condition and location, as legally described in attached
Exhibit B and depicted in the attached Exhibit C.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting or removing
trees, except for tree disease control by or as directed by a governmental agency
and except by special permit for maintenance or as part of an approved vegetation
management plan. Grantors may remove brush, buckthorn, diseased or dead trees
of any size, and noxious weeds.
C. Except in connection with the rights to maintain the driveway in its current
condition and location allowed under Paragraph IA, excavation or filling or
material alteration of grade, including changes to the size, depth or contour of the
wetland; dredging, mining or removal of earth, loam, peat, gravel, soil or any
other natural material.
D. Free roaming of domestic animals (i.e., horses, sheep, chickens, etc.).
E. The deposit of waste, yard waste, or debris.
F. Activity detrimental to the screening of the neighboring properties.
G. Application of fertilizers, whether natural or chemical.
H. Application of chemicals for the destruction or retardation of vegetation.
I. The application of herbicides, pesticides, and insecticides, except for noxious
weed control by or as directed by a governmental agency.
Outside storage of any kind.
K. Activity detrimental to the preservation of the trees, slopes, scenic beauty,
vegetation, and wildlife.
Installation of public trails within the Easement Property required by the City as a condition of
approval of the Jeurissen Ridge Addition and consistent with approved plans and conditions of
the Development Contract for the Camden Ridge plat is deemed to be approved by the City for
purposes of Paragraph 1.
2. Grantor, its successors and assigns, further grants the City the affirmative right, but
not the obligation to do the following on the easement premises:
A. Preserve, improve, and enhance the wetland, creek, buffer, trees, vegetation, and
natural habitat by altering, clearing, and removing trees or other vegetation, by
changing the contour of the land, by planting trees or other vegetation, and taking
all appropriate actions to comply with federal, state, and local regulations related
to wetlands, including the Bluff Creek Management Plan, the Bluff Creek TMDL
and the Second General Surface Water Management Plan. The City's rights
under this provision shall not interfere with the use of the driveway as provided
under Paragraph I of this Agreement.
171583v5 2
B. Enter upon the easement premises at any time to enforce compliance with the
terms of this instrument.
Further, the City may enforce the terms of this Easement by any proceeding in law or in equity to
restrain violation, to compel compliance, or to recover damages, including attorneys' fees and
costs of the enforcement actions. Grantor is not liable for the actions of any third party, other
than its employees, agents or contractors, which may violate the terms of this Easement, unless
Grantor, its employees, agents or contractors had actual knowledge of the violation and failed to
take reasonable action to stop the violation.
3. Failure to enforce any provision of this Easement upon a violation of it cannot be
deemed a waiver of the right to do so as to that or any subsequent violation.
4. Invalidation of any of the terms of this Easement will in no way affect any of the
other terns, which will remain in full force and effect.
5. This Easement does not convey a right to the public use of the Easement Property
nor does it convey any right of possession in the Easement Property to the public or the City.
Access by the City to the Easement Property is limited to access necessary for purposes of
inspection and enforcement as specified in paragraph 2 above. The City is not be entitled to share
in any award or other compensation given in connection with a condemnation or negotiated
acquisition of all or any part of the Easement Property by any authority having the power of
eminent domain. The City hereby waives any right it may have to such an award or
compensation.
6. Acceptance of this Easement by the City and the recording of this document
constitutes the City's consent to be bound by its terms.
7. This Easement runs with the Easement Property and be binding on the Grantor, its
successors and assigns, and inures to the benefit of the City, its successors and assigns.
171583v5 3
8. This Easement may be amended or released on whole or in part upon consent of
the City.
9. The City acknowledges that the Grantor's conveyance of the herein contained
Easement constitutes a gift to the City, and the City agrees to sign the "Donee
Acknowledgement" portion of Internal Revenue Service Form 8283, as soon as such Form has
been completed and assigned by a licensed appraiser.
IN WITNESS WHEREOF, Grantor has executed this instrument on the date first
written above.
[Remainder of Page Intentionally Left Blank.]
»is83vs 4
GRANTOR:
B. ELMER FAMILY FARMS, LLC
0
STATE OF MINNESOTA )
ss.
COUNTY OF L AY/>P " )
The foregoing instrument was acknowledged before me this day of
Lf Z 2013, by of
B. Elm6r Family Farms, LLC, a Minnesota limited liability company, on its behalf.
aPATRICK JNEAMN Notary 1c
NCTARV "LIC- MINNESOTA
Caa."Miu a{ Exp6es,�. St,N
171583v.2
GRANTEE:
CITY OF CHANHASSEN
By: A qi.
Thomas1. Furlong,
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
City Manager
The foregoing instrument was acknowledged before me this -30 CA 'day of
2013, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and
1,54t y M ager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Copricil.
KAREN J. ENGELHARDT
a-
Notary Public- Minnesota
� My Commission Expires Jan 37, 2015
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
AMP
171583v5
EXHIBIT B
Legal Description of Driveway
OUTLOT B
OUTLOT A
0
;o
J.
� t9
�5 C
OUTLOT C
\ \ ,
\
2� p
rl`1
h
wt
Ae
�5e
" -SL CORNER Or Go= B
50 35 0 50
Scale in FeM
Proposed description for g a d egress ecNement
A 26.00 loot wide easement for ingress and egress purposes lying aver, under an. across Outldl B, JEU16SSEN RIDGE,
according to the recorded plat thereof. Carver County, Mimnesrtd, the centerline of cold ease¢eat is described as
follows:
Commencing at the southoost corner of sold Outlot B; thence on an assumed barring of North 38 degrees 08
minutes 54 seconds Fast, along the southeasterly line of said Outlot B, a distance of 165.70 feet, to the point of
beginning of the centerline to he described; thence North 68 degrees 04 minutes 01 seconds West, a distance 41.60
feet; thence North 54 degrees 41 minutes bb seconds West, a distance of 36.06 feet; thence North 49 degrees 47
mlrutes 50 seconds West, a distance of 158.03 feet; thence North 64 degrees 15 minutes 43 seconds West, a
contracts of 51.08 fee:, to an ea0e11y line of Outlnt C, said JEURISSEN RiDGF and there terminating.
e TIiIS S ITT II DOrs NOT PUR >ORT TO SHOW L C rXISTNCF OR NONrXISTFNCr OF ANY ENCROACHMENTS FROM OR
ONTO THE HEREON DESCRIBED LAND, EASEM -NTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND
OR ANY IMPROVEMENTS TO SAID LAND.
171583v5 8
EXHIBIT C
Depiction of Driveway
171583v5
to Outlot C across Oudot 13
Pioneer Tra7