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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