Loading...
Title Commitment DocumentsISSUED BY CARVER COUNTY ABSTRACT & TITLE CO., INC. AS ISSUING AGENT FOR CHICAGO TITLE INSURANCE COMPANY Commitment Number: CA28133 SCHEDULE A 1. Effective Date: June 1, 2014 at 07:00 AM 2. Policy or Policies to be issued: (a) X Owner's Policy ( ALTA Own. Policy (06117/06) ) Proposed Insured: Dakota Retail Center, L.L.C., a Minnesota limited liability company (b) Loan Policy ( ALTA Loan Policy (06/17/06) ) Proposed Insured: Y Amount 0' $ 85,000.00 1 The estate or interest In the land described or referred to in this Commitment is Fee Simple. 4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in: City of Chanhassen 5. The land referred to in the Commitment Is Abstract Property situated in Carver County, State of Minnesota and Is described as follows: SEE EXHIBIT AATTACHED HERETO FOR REFERENCE PURPOSES ONLY. The company has not verified, does not insure, and makes no representation that the information below is about the above Insured property. According to insured's representation or vesting instrument(s), the street address and pin /tax ID # of the property have been represented to the company as follows; Address: xxx Vacant Land, Chanhassen, MN 55317 PIN/TaxlD # 25.1800550 Carver County &Title Co./ By: Authorized Signatory �— ALTA Commflment Schedule A (6117/88) (CA28133.PFD /CA 28133128) ISSUED BY CARVER COUNTY ABSTRACT & TITLE CO., INC. AS ISSUING AGENT FOR CHICAGO TITLE INSURANCE COMPANY Commitment Number: CA28133 SCHEDULE B EXCEPTIONS Upon payment for the full consideration to, or for the account of, the grantor's or mortgagors, and recording of the deeds and /or mortgages, the form and execution of which are satisfactory to the Company, the policy or policies to be issued shall contain exceptions in Schedule B thereof to the following matters (unless the same are disposed of to the satisfaction of the company): 1. If an Owner's Policy is to be Issued, the mortgage encumbrance, if any, created as part of the purchase transaction. 2. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 3. Rights or claims of parties In possession not shown by the public records. 4. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 5. Easements or claims of easements not shown by the public records. 6. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by public records. 7. Taxes or special assessments which are not shown as existing liens by the public records. 8. General and special taxes and assessments as hereafter listed, if any (all amounts shown being exclusive of Interest, penalties, and costs): (A) Real estate taxes due and payable in 2014 are In the amount of $0.00 and are Exempt. Base tax is $0.00. Non - homestead Property Identification No. 25.1800550 Note: There are no delinquent taxes of record. (B) NOTE: There are no levied or pending assessments of record. (C) Any charges for municipal services (i.e., water, sewer, correction of nuisance conditions, etc.) are the responsibility of the parties to this transaction. For information regarding the existence of any such bills, contact the appropriate municipal office. 9. WE REQUIRE WARRANTY DEED from City of Chanhassen to Dakota Retail Center, L.L.C., a Minnesota limited liability company, conveying land described on Schedule A. 10. WE REQUIRE that standard form of affidavit, or affidavits, be furnished to us at closing. ALTA Commitment Schedule 8 (06117/06) (CA28133.PFD /CA 28133137) ISSUED BY CARVER COUNTY ABSTRACT & TITLE CO., INC. AS ISSUING AGENT FOR CHICAGO TITLE INSURANCE COMPANY Commitment Number: CA28133 SCHEDULE B - EXCEPTIONS (Continued) 11. WE REQUIRE Well Disclosure Certificates be completed in typed form prior to closing and furnished at time of closing for all deeds which require a Certificate of Real Estate Value OR the deed must contain the following statement: "The sailer certifies that the seller does not know of any wells on the described property." 12. If the survey exception is to be deleted, WE REQUIRE a current survey certified to Carver County Abstract & Title Co., Inc. and Chicago Title Insurance Company for encroachments, easements, visible or of record, points of access and any improvements. 13. NOTE: If Carver County Abstract & Title Co., Inc. is disbursing this transaction, WE REQUIRE the funds to be wired at least 24 hours prior to closing. 14. Easement in favor of Northern States Power Company, a Minnesota corporation, dated May 23, 1967, filed as Document No. 01300, filed in Book 91 on page 208. (Copy attached.) 15. Subject to Easement for telecommunication purposes granted to Qwest Corporation over a portion of driveway easement as created In Easement Agreement, dated August 28, 2008, filed August 29, 2008, as Document No. A488513. (Copy attached.) 16. Grant of Non - exclusive Permanent Easement for driveway purposes dated March 29, 2005, filed April 6, 2005, as Document No. A411230. (Copy attached.) 17. Subject to Easement for electric transmission purposes granted to Northern States Power Company over a 50 foot strip of land as created in Easement, dated December 22, 1987, filed November 8, 1988, as Document No. 93091. (Copy attached.) 18. License by and between City of Chanhassen and U.S. West Communications, Inc. dated June 27, 1991, filed July 3, 1991, as Document No. 125470. (Copy attached.) 19, Subject to Easement for road purposes (Lake Dr. E.) of an approximately 60 foot strip as disclosed by various county maps. 20. Subject to Non - exclusive Permanent Easement for driveway purposes granted to Sinclair Oil Corporation, by City of Chanhassen, as created in Easement dated March 29, 2005, filed April 6, 2005, as Document No. A411280. (Copy attached.) 21. Subject to Non - exclusive Easement for driveway purposes as created in Special Warranty Deed dated April 4, 2005, filed April 18, 2005, as Document No. A412230. (Copy attached.) ALTA Commitment Schedule B (06/17106) (CA28133.PFD /CA 28133137) ISSUED BY CARVER COUNTY ABSTRACT & TITLE CO., INC. AS ISSUING AGENT FOR CHICAGO TITLE INSURANCE COMPANY Commitment Number: CA28133 SCHEDULE B - EXCEPTIONS (Continued) 22. Note: Identification will be required from all parties required to sign documents at closing. 23. Note; The following Is not a part of Schedule B. and is shown for information only. This will not be Included on the final policy. Please be advised that the Tax Reform Act of 1986 requires that the following information be provided at closing: A) Seller's Tax Identification Number or Social Security Number. B) Seller's full address after the closing. 24. NOTE: The following is not a part of Schedule B, and is shown for Information only. This will not be included on the final policy. This commitment for title insurance is being issued based on a search of the records. The abstract for the property Insured herein has not been received by Carver County Abstract & Title Co., Inc.. END OF SCHEDULE B EXCEPTIONS ALTA Commitment Schedule 8 (06117106) (CA28133.PF0 /CA 26133137) ISSUED BY CARVER COUNTY ABSTRACT & TITLE CO., INC. AS AGENT FOR CHICAGO TITLE INSURANCE COMPANY COMMITMENT NUMBER CA 28133 EXHIBIT A PROPERTY DESCRIPTION The land referred to in this Commitment is Abstract Property situated in the County of Carver, State of Minnesota, and Is described as follows: Outlot One (1), Chanhassen Estates, according to the recorded plat thereof in the Office of Registrar of Deeds, (now County Recorder), Carver County, Minnesota, EXCEPT that part of Outlot One (1) Chanhassen Estates, described as follows: Beginning at the intersection of the East line of said Outlot 1, with a line hereafter described as "Line A" (said line "A" is a line 50.00 feet Southeasterly of, measured at right angles to and parallel with that part of the Southerly right -of -way line of State Highway No. 5, as shown on said plat which has a radius of 2764.79 feet); thence South along the East line of said Outlot 1, a distance of 200.00 feet; thence West at right angles to said East line, a distance of 150.00 feet; thence Northwesterly to a point on said "Line A" distant 200.00 feet Southwesterly, measured along said "Line A ", from the point of beginning; thence Northeasterly along said "Line A" a distance of 200.00 feet to the point of beginning. Excepting therefrom: That part of Outlot 1, Chanhassen Estates, shown as Parcel 316C on Minnesota Department of Transportation Right of Way Plat Numbered 10 -4 as the same is on file and of record in the office of the County Recorder, in and for Carver County, Minnesota. ALTA Commflment (CA28133.PFO /CA 28133128) ExhlbilA ('' j Chicago Title Insurance Company m COMMITMENT FOR TITLE INSURANCE Issued by Chicago TWO Insurance Company Chicago Title Insurance Company, a Missouri corporation ( "Company'), for a valuable consideration, commits to Issue its Policy ar policies of title iwurance, as identified in Schedule A, in favor Of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements. all subject to this Commitment. the provisions ojSchedules A and B and to the Conditions of This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule .4 by the Company. All liability and obligation under this Commitment shall cease and terminate 90 days after the Effective Date or when the Policy or policies committed for shall Issue, whichever first occurs, provided that Cite failure to issue the policy or policies is not the fault of the Company, The Company will provide a sample of the policy form upon request. JN WITNESS WHEREOF, Chicago Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized gflleers on rho data shown in Schedule A. MN2039 CHICAGO TIME INSURANCE COMPANY Carver County Abstract &Title Co., Inc. 411 Chestnut Street North Chaska, MN 55318 4* Tel:(952) 448 -5570 Fax:(952) 448 -5155 At'tees' tAi/ �, Countersigned ` Authorized Signatory is ncmi (ame) A TAC.,Mm .2o% COMMONS The tern mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance heren to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously inured pursuant to paragmph3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included order the definition of insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusion,, from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the staters of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued coniaim an arbitration clouse. All arbitrable matters when the Amount of Insurance is $2, 000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy.of the partiex You may review a copy ofthe arbitration rules at <h11p: 11www,.altaorgh. Do0urnifnit No. OFFICE OF THE A 488513 COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee: $ 46.00 CheCW: 13640 Certified Recorded on 08-29 -2008 at 03;30 ❑ A RECORDING INFORMATION ABOVE Date•6 /3012008 EASEMENT AGREEMENT CORPORATE EASEMENT The CITY OP CHANHASSEN, ("Grantor') for and in consideration of $1.00 and other good and valuable consideration, tire receipt of which is hereby acknowledged, does hereby grant and convey unto QWEST CORPORATION, a Colorado corporation ( "Grantee' ), whose address is 1801 California St., Suite 5200, Denver, CO 80202, and its successors, assigns, affiliates, lessees, licensees, and agents, a petpctuai non-exclusive casement to construct, modify, add to, maintain, and remove such telecommunications facilities and related appurtenances, from time to time, as Grantee may require upon, over, under and across the following described property situated in the County of Carver, State of Minnesota, which Grantor owns or in which Grantor has an interest ("Easement Area'), to wit: An easement which is described in its entirety on EXHIBIT "A" which is attached hereto and by this reference made a part hereof, all of which is situated in the NE 'b of Section 13, Township 116 N, Range 23 W, of the 5" P.M. Grantor further convoys to Grantee the right of ingress and egress to and from the linsentcnt Area, using only the most direct route, during all periods of construction, maintenance, installation, reinforcement, repair and removal, with the right to clear and keep cleared all ti ocs and other obstructions as may be necessary for Grantee's use and enjoyment of the Easement Area. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges hecin gmtned. Grantee shall have no responsibility for environmental contamination, which is either pre - existing or not Caused by Grantee. Grantor reserves the right to occupy, use and cultivate the Easement Area for all purposes not inconsistent with the rights herein granted, Pnge 101`2 IIIWR I'6�y -. rioiosm Carl Cal RECORDING INFORMATION ABOVE Date•6 /3012008 EASEMENT AGREEMENT CORPORATE EASEMENT The CITY OP CHANHASSEN, ("Grantor') for and in consideration of $1.00 and other good and valuable consideration, tire receipt of which is hereby acknowledged, does hereby grant and convey unto QWEST CORPORATION, a Colorado corporation ( "Grantee' ), whose address is 1801 California St., Suite 5200, Denver, CO 80202, and its successors, assigns, affiliates, lessees, licensees, and agents, a petpctuai non-exclusive casement to construct, modify, add to, maintain, and remove such telecommunications facilities and related appurtenances, from time to time, as Grantee may require upon, over, under and across the following described property situated in the County of Carver, State of Minnesota, which Grantor owns or in which Grantor has an interest ("Easement Area'), to wit: An easement which is described in its entirety on EXHIBIT "A" which is attached hereto and by this reference made a part hereof, all of which is situated in the NE 'b of Section 13, Township 116 N, Range 23 W, of the 5" P.M. Grantor further convoys to Grantee the right of ingress and egress to and from the linsentcnt Area, using only the most direct route, during all periods of construction, maintenance, installation, reinforcement, repair and removal, with the right to clear and keep cleared all ti ocs and other obstructions as may be necessary for Grantee's use and enjoyment of the Easement Area. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges hecin gmtned. Grantee shall have no responsibility for environmental contamination, which is either pre - existing or not Caused by Grantee. Grantor reserves the right to occupy, use and cultivate the Easement Area for all purposes not inconsistent with the rights herein granted, Pnge 101`2 IIIWR I'6�y -. Grantor covenants that Grantor is the fee simple owner of the Easement Area or has an interest in the Basement Area. Grantor hereby covenants that no excavation, structure or obstruction will be constructed, or permitted on the Casement Area and no chunge will be made by grading or otherwise that would adversely affect Grantee's use and enjoyment of llrc Easemcnt Area. The rights, conditions and provisions of this Agreement shall run with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. GRANTOR;( Byr and STATE OF MINNL'SOTA ) ) ss; COUNTY OF CARVER ) OFCHANHA A 9 )a1 A. Furlong Gerhardt The foregoing instrument was acknowledged before me thi�h day of U _ 2011$, by Thomas A. Furlong and 'Dodd Gerhardt, respectively the Mayor and City M• ager of the CITY Oft CHANHASSEN, a Minnesota municipal corporation, on behalf of die corporation and pursuant to the authority granted by its City Council, real property in Carver County, Minnesota. Witness my hand and official seal: (NOTARY SEAL] Arita ate KIM'r. MEUWISSEN Notary Pu Notary pubic - Minnesota M commission expires: _- I r pt c.p>a.mM 9w Mrini Y P 3 2 O Thin lnahunxnt DraRed oy! RECORD AND RFTURN TO: Q,vcvt Corpt naion Udeig Engineers 1801 Califu,niu Sf, suite 5100 5201 kusl River! {oeC, Sulto 308 ^�Cl.� Danver, CO 80202 Minncapolls, MN 55421 wwNo.: I Q�f rFS AA�,I JONO.: 82MIAVX Rxrhattae: 8aen PruiRc County: Craver - -T — 1/4 Scetlont NS _ sectlont 13 V Tow"hip; _116N T� Range: 23 \Y - Page 2 of 2 6aN -DOM IA" •FV -Mk "Md, -$)m fa71 5241 EM 14.'6. Pmd SvdtWa N ml-"VO4. MI""M9 56121 1�7 Pbm Ym.621.9699 Paz170571.1169 �engineere Web= wxw.olkgwm EXHIBIT A SHEET I OF 2 SHEETS Certificate of Survey for: OWEST CORPORATION Job Number: 82M1MVX Location: City of Chanhassen, Carver County, Minnesota See sheet 2 of 2 for legal descriptions SCALE: 1" = 10' .N P� Na•.� 5 � E o ,.,rna�`HO. SoalZ�'rN�O� �PyA � I rr ILEGEND C 20 0 EASEMENT oW; 6a5� A8 °6 �F �S � EXCEPTION Q 9lk 0 7 • — Denotes Iron Monument Found 0—Denotes MnDOT Disc Found o — Denotes Monument Set w /Cap #44901 X— Denotes Chisled X Set In Concrete JOB NO.= 208.0386 SEC. 13, T. 116 N., R. 23 W., 57H P.M. CO.: Carver t HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE //LLnAJJWS OF THE STATE OF MINNESOTA���C./ PETER D. GITZEN LIC. NO. 44901 DATE 5_'Wk- 9 0'm"'00,04 lekee' F w. NkeWa-Sbw Fah 6001 Fo10W0r NOW 6WW*W mmawoka, MlWx 55121 Fft.: m5n.1 00 Fax: 7W51111W Jengineers Wa6' �.Wft.m EXHIBIT A SHEET 2 OF 2 SHEETS Certificate of Survey for: QWEST CORPORATION Job Number: 82M1MVX Location: City of Chanhassen, Carver County, Minnesota Description of Proper y,_ Outlet 1, CHANHASSEN ESTATES, according the recorded plat thereof In the Office of Registrar of Deeds, (now County Recorder), Carver County, Minnesota, EXCEPT that part of Outlot 1, CHANHASSEN ESTATES, described as follows: Beginning at the Intersection of the east line of sold Outlot 1, with a line hereafter described as "Line A" (said "Line A" is a line 50.00 feet Southeasterly of, measured at right angles to and parallel with that part of the southerly right of way line of State Highway No. 5, as shown on said plat which has a radius of 2764.79 feet); thence South along the east line of said Outlot 1, a distance of 200.00 feet; thence West at right angles to said east line, a distance of 150.00 feet; thence Northwesterly to a point on said "Line A" distant 200.00 feet Southwesterly, measured along said "Line A," from the point of beginning; thence Northeasterly along sold "Line A" a distance of 200.00 feet to the point of beginning. Also, EXCEPT that part of Outlot 1, CHANHASSEN ESTATES, shown as Parcel 316C on Minnesota Department of Transportation Right of Way Plat Numbered 10 -4 as the some is on on file and of record in the office of the County of Recorder in and for Carver County, Minnesota, Description of-Easement: An easement for telecommunication purposes over, under and across the herein before described property, described as follows: Beginning at the right of way boundary corner 817 as shown on Minnesota Department of Transportation Right of Way Plat Numbered 10 -4; thence South 45 degrees 52 minutes 32 seconds East 22.03 feet along the westerly right of way line of Dakota Avenue as shown on Minnesota Department of Transportation Right of Way Plat Numbered 10 -4; thence South 68 degrees 53 minutes 48 seconds West 29.25 feet; thence North 21 degrees 07 minutes 08 seconds West 20.03 feet to the southerly right of way line of Trunk Highway No. 5 as shown on Minnesota Department of Transportation Right of Way Plat Numbered 10 -4; thence northeasterly 20.03 feet on a non— tongetial curve concave to the south having a radius of 2,764.74 feet and a central angle of 00 degrees 24 minutes 54 seconds whose chord bears North 21 degrees 13 minutes 36 seconds East 20.03 feet along the southerly right of way line of Trunk Highway No. 5 as shown on Minnesota Department of Transportation Right of Way Plat Numbered 10 -4 to the point of beginning. Contains 493 square feet, more or less. JOB NO.: 208.0386 SEC. 13, T. 116 N., R. 23 W., 5TH P.M. CO.: Carver /' O Xce/Energy NORru ERN StArES POWER April 21, 2008 Art Rost Ulmig Engineering EN(,ROACMVMNT AG)2EEMENT Project: QwesCroiephone Cabinet Line $516 NEi /4 NEl /4, Sec. 13, T116,1i23, Carver County File: 2008.141 Dear Art; Emailed Arf.nost@ulteig.com 414 N;(,War MALI, Mk$ MlmraAPOIJS.MN SM01 Xcel Energy has reviewed the proposed QMost tclen 2M ca imet encroachment request submitted April 15, 2008. The encroachment is aceaptablo to Xcel Energy by adhering to the following; (3) Excavation close to structure location. A minimum distance of 22 feat of supported earth must be maintained from any part of the Eno structure. Support of the ground beyond the 2Q feet may be provided by a slope no greater than three feet horizontal to one foot vertical. Support may also be provided by the use of cribbing,. shoot piling, retaining wail or tunneling. The specific plan for providing the required support and the excavation plan for the proposed project must be submitted to Xcel Energy for review and approval. (2) Grade change around structure location. Fill around or above steel structure foundations is not permitted The grade around the structures must provide for surface water runoff — no surface water ponding around structures will be permitted. Any cost related to the adjustment of Xcel Energy's ftoilities will be at the "questor's expense. (3) Fill and grade change around guy Wires and anchors. Fill above the steel anchor rod'onto the guy wire is not permitted. The specific plan for any grade change or excavation in the vicinity of down guys and anchors must be submitted to Xcel Energy for review and approval. Par I of Page 2 Of 4/21!1008 (4) Grade change within easement. The ground elevation within the easement shall not be increased more than 1 foot above the existing or proposed grade. Stockpiling of soil end(ar material within the easement will not be permitted. (S) Clearances to equipment and workers. A working clearance of 20 feet between the electrical conductors and any cranes or digging equipment used in or near the easement and a olearaneo of 20 feet to the physical proximity of workers must be maintained at all times. In addition, any construction near the transmission liac(s) shall comply with all OSHA Safety Clearances. if this clearance cannot be maintained, the contmotor or developer must arrange for a line outage by calling Xcol Energy's System Control department (Steve Rollin 612/330.2875). At.least two weeks advanced notice must be provided in order-to schedule a line outage, if an outage Is available: There is a, &a of approximately $350.00 per day, per outage, for this service. This foe must be paid prior to outage. The Weeding two paragraphs) must he Included in a prominent locatloa on the plan seta and specifications given to contractors. (6) Landscaping within the easoment. Detalled plans for landscaping (including light standards) must be submitted to Xcel Energy for review and approval. Generally shorter varieties of trees and shrubs, 15 feet or less mature height, may be considered. if planting is permitted, the line's voltage and the tree's mature height mad the distance from the line must be considered. For maintenance purposes there shall be no planting within 15 feet of structure silos. (7) $ulktingoneasements. There shall be no permanent or temporary building allowed within the easement area. (8) Fuel and refueling on easements. There shall bu no fuel tanks stored orrefireiing of vehicles end equipment within the easement. (9) Streetlights and signs on easements. If there are to be streetlights, signboards, identification signs or any other type of non - building structure within the easement, detailed plans must be submitted to Xcel Energy for review and approval to verify compliance with electrical code clearances. (10) Fences on easements. If the easement area is fenced, gates must be installed to provide access to Xcel Energy for maintenance purposes_ Chain link or other types of fences using metal material and constructed on or near an Xcel East* easement should be properly grounded. Page 3 of 3 412112008 (11) Structure protection. Where streets, parking lots or other areas are developed which expose transmission structures to vehicular traffic, steel post or guardrail type barricades must be installed in accordance with Xcel Energy specifications, In some oases, curbing will provide adequate protection It is the express condition of this consent that all other terms and conditions of that certain easement granted by the City of Chanhassen on December 22, 1981, and recorded as Document No. 93091 shall remain in fall force and effect. A copy of the signed Encroachment Agreement shall be kept on site, available for review by Xeel Energy representatives, until all construction and site restoration has been completed. To acknowledge receipt of and agreemanf with the terms of this consont, prior to the c rninancem'ent of any activities, please sign this letter and return it to me by fax. Fax signatures are accepted to expedite this process. Jf this signed agreement is not received back within 30 days of the date of this agreement, it will be presumed that you arc not in agreement with its content and this agreement will be considered null and void the file will be closed, your request will need to be resubmitted and the City or County Zoning Office will be notified of our action. Any changes to this original agreement sball make this a2mment null and yold unless initialed bybo a ies Thank you for your courtesy and cooperation. Sincerely, Bonnie Anderson Land Rights Agent Siting and Land Rights Dept. 612 - 330-6241 612 - 573.9227 (fax) bonnie.i.andgmpn(&calenergy oom (5516 -NH- 105742 -7) (5516: Str, 32) ACCEPTED: Byr)�.tr�f/ Name: &a 1 a'^ so .✓ Its ©w N S' / C'C, r P G t—'r" •� Manager Design Engineer iom,tr."na.n KNOW ALL MEN BY THESE PRPSEIKX3- j �,�wpNN nnaa.4plr•Ea 1, by lb construction or maintenance of said irxe6missfon Ila". Claims on account of such damages may be rclerred "1 Io nearest office. . O!Wlspromis anry with NSP, its suceesson and assigns,, that Grantor is the owner of the abovedescribM pram!, ;es and hai ilia right go sell and convey an eaeement in the manner and form aforesaid. The rights herein grunted arc Subject to existing ]iglus of way for highways, roads, railroads, pipelines, canals, laterals, ditcher or other electric transmission lines and telegraph and telephone lines heretofore granted across any - pan of tlwlands effected by this Instrument. The Oranlor agrees 10 execute and deliver to NSP, at NSP's cost, without additional compensation any additional documents needed 10 correct the legal description of she tasclnem area to conform to the right of way actually occupied by the imasmtsslon liltes- It is annually Illy understand and agreed that this instrument covers all the agreanags and stipulations bcuveen f the parties and that no representation or statements, verbal or written, lime been made modifying, adding to or changing the terms heresif. This Instrument is exempt from the Minnesota Decd Tax. This instrument was drafted by Northern States Power Company, 414 Nfcolict Mali, Minneapolis, Minnesota. IN WITNESS WHEREOF, the undersigned hat canted ibis instrument to be duly executed is of tlre�'x41L day of ^e.e,¢.n}d -vim i 1d8-1 , STATE OF MINNESOTA J Q sa, is�'fi.. w.ti L COUNTY Of, _ScQ- '•�"�'� �L-=�•- The foregoing instrument was acknowledged before me tbis� day of , 19 by — NOTARY PIIHI.II' x STATE OF / rl��A!+M n ^ ti + aS. couivn of The foregoing himis ment Nos /acknowledged before me ay of bytY1+a•a !6b- n+,r?•ta, r 7'KA.an•y .�t.rll.. .V'ry Cca/,,r. dl,iz7G of 111.111 'a MI OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTYOFCARVER Filing9 Fee 410, This Is to certify that this document was filed In this office on theIV day of vhv ^• IM- A.D.at10131 O'clock . - M. and was duly recorded as document no. 9W91 CARL W HANSON JR. rnaY r]frear•rAlNar carporation, on behalf of the corporation. WM /._1— NI VI ITARlY. J. araay T raCMnANV t•'r. a- 1.9_>1n .l lra a w, Ca• : O cM/U...I.N, .r. N1It. `T A TY a .a f�• iviU4r1 lot N 5- P. H14 fltdattaf lnaLA $ �1La¢ fTIpAA t Mr1' 5540! :® t A LICENSH THE CITY OF CHANHASSEN, a Minnesota municipal corporation, the "Grantor ", hereinafter referred to as "city^v, in consideration of Two Hundred Fifty and 00/100 Dollars ($250.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto U S WEST COMMUNI- CATIONS, INC., a corporation organized under the laws of the State of Colorado, the "Grantee ", hereinafter referred to as "U S West ", a license for the construction and maintenance of a telecommuni- cations switching cabinet and related facilities on the land described on the attached Exhibit "A". INCLUDING the right of U S West to enter upon the property at all reasonable times to construct, reconstruct, inspect, repair, and maintain the telecommunications switching cabinet and related facilities. This License shall continue in effect until terminated by either party upon six (6) months written notice to the other party; provided, however, that the City may give such notice to terminate only in the event use of the easement area is necessary for a public purpose inconsistent with its use for the telecommunications facilities. Any notice to U S West shall be good if deposited in the United States Mail and directed to the following address: 6244 Cedar Avenue South, Minneapolis, Minnesota 55423. / j S Z. IN TESTIMONY WHEREOF, the Grantor hereto has executed this License this a1141 day of , 1991. GRANTOR,: Don Ashworth,`C1ty Manager STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 2,?tA day of gtu.w r , 1991, by Donald J. Chmiel and by Don Ashworth, respeebtivvely the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 3460 Washington Drive, Suite 202 Eagan, Minnesota 55122 (612) 456 -9539 RNK:srn Filing Fee Tim is to certify thaf this document Zinc. n tJ�i� off ice o hem day 187/ A.DSt o'clook an was duly recorded as I V-Sd'7f) i / NOTAI�UBLYV_) KAREN & maEW1R" ROTARY MUO . N')9'G80TA CARVER COW= Ry omm.aRn .mms iaR.o, % 7l G ,1c�z 3(e S�ss�/7 MAY '10 199 EXHIBIT A ENGINEING DEPT. outlot One (1), Chanhassen Estates, according to the recorded plat thereof in the Office of Registrar of Deeds, (now County Recorder), Carver County, Minnesota, EXCEPT that part of outlet one (1), Chanhassen Estates, described as follows: Beginning at the intersection of the East line of said outlot 1, with a line hereafter described as "Line A" (said line "A" is a line 50.00 feet Southeasterly of, measured at right angles to and parallel with that part of the Southerly right -of -way line of State Highway No. 5, as shown on said Plat which has a radius of 2764.79 feet); thence South along the East line of said outlot 1, a distance of 200.00 feet; thence West a right angles to said East line, a distance of 150.00 feet; thence Northwesterly to a point on said "Line All distant 200.00 feet Southwesterly, measured along said "Line A", from the point of beginning; thence Northeasterly along said "Line A" a distance of 200.00 feet to the point of beginning. U S WEST's rights for the above ground switching cabinet and related facilities shall be limited to the following described parcel: commencing at the point marked as point "B -17 on Minnesota Department of Transportation Right of Way Plat No. 10 -4, recorded as County Recorder Document No. 121251; thence running Southwesterly along the Southeasterly right of way line of Trunk Highway No. 5 as shown on said Right of Way Plat a distance of 10.00 feet; thence running Southeasterly at a right angle to said Southeasterly right of way line a distance of 10.00 feet to the actual point of beginning of the tract to be described; thence continuing Southeasterly on the last described line a distance of 10.00 feet; thence deflecting 909 00' 00" to the right a distance of 10.00 feet; thence deflecting 906 00' 00" to the right a distance of 10.00 feet; thence deflecting 900 00' 00" to the right a distance of 10.00 feet to the point of beginning and there terminating. U S WEST shall also have the right to place and maintain underground cables and facilities in that part of outlot One (1) of said Chanhassen Estates lying Northeasterly of the above described parcel and bounded on the Northwest and the Southeast by the Northeasterly extensions of the Northwesterly and Southeasterly lines of said parcel. OFFICE OF THE — — p000Mnt NO. COUNTY RECORDER A411280 M CARVER COUNTY, MINNESOTA 11111111 Fee S 19 6o Check# X1.4,00441 Celled Recorded on 0406 -2005 at 0130 0 A l ds'M 200.rr04A9 l I � � r Court GRANT OF NONEXCLUSIVE PERMANENT EASEMT CITY OF CHANHASSEN, a Minnesota municipal corporation, "Grantor ", in consideration of One Dollar ($100) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto SINCLAIR OIL CORPORATION, a Wyoming corporation, the Grantee, hereinafter referred to as "Sinclair", its successors and assigns, a nonexclusive permanent easement for driveway 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 Sinclair, 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 driveway over, across, on, under, and through the permanent easement prerruses and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said driveway easement Prior to any relocation, reconstruction, or expansion of the driveway located within the easement premises or altering the grade of the easement premises in any way, Grantee shall notify Grantor of the work to be done and obtain written approval for the work from Grantor's engineer The above named Grantor, for itself, its successors and assigns, does covenant with Sinclair, its successors and assigns, that it is well seized in fee title of the above described 116669 02 1 Rev 3/28105 easement premises, that it has the sole right to grant and convey the easement to Sinclair, that there are no unrecorded interests in the easement premises, and that it will indemnify and hold Sinclair harmless for any breach of the foregoing covenants IN • TESTIMONY WHEREOF, the Grantor hereto has signed this document this ;0L9y'4ay 2005. (SEAL) STATE OF MINNESOTA ) )ss COUNTY OF CARVER ) GRANTOR: CITY BY Tho s A Fur ong, Mayor AND _7� odd Gerhardt, City Manager The/ foregoing instrument was acknowledged before me this -94'eA day of 2005, by Thomas A Furlong and by Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Coyncil THIS INSTRUMENT WAS DRAFTED BY CAwBELL KNUrsON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone. 651. 452 -5000 AMP /qh 1 16669 02 Rev 328105 NOTARY P ifKAREN J. ENGELkWHDT No EXHIEff "A" TO GRANT OF PERMANENT EASEMENT A permanent easement for driveway purposes over, under and across a portion of Oudot 1, Chanhassen Estates, according to the recorded plat thereof, Office of Register of Deeds, Carver County, Iviumesota, described as commencing at the intersection of the East line of said Outlot 1, with a line hereinafter described as "Line A" (said "Line A" is a line 50 00 feet Southeasterly of measured at right angles to and parallel with that part of the Southerly right of way line of State fhghway No 5 as shown on said Plat which has a radius of 2764 79 feet), thence South along the East line of said Outlot 1, a distance of 200 00 feet, thence West at right angles to said East line, a distance of I50 00 feet, to the Point of Beginning, thence continuing West along last said line, a distance of 22.27 feet, thence northeasterly, deflecting right 104 °57'28 ", a distance of 38 69 feet to a line that tuns northwesterly from the Point of Beginning to a point on said "Line A" distant 200 00 feet southwesterly, as measured along said "Line A ", from the point of commencement; thence southeasterly along last said line, a distance of 39 34 feet more or less to the Point of Beginning 116669 02 Rev 3/28/05 g k I !7 I I i q I� s�" !7 I I i q I� ,+ S .20 0 W.px UM&NK fdrvercauabacdoor M Omment No. OFFICE OF THE A412230 OCUNTY RECORDER 111111111 9COUNi,,Ctecal�N�SOTA ' Cereted Recorded on 041 &2005 at 04A0 ❑AN PM Is Cad W {ANDS iNQ I _ tbttnty err men 60.VER LAKE ROM PZt� SMCLAHt OIL CORPORATION, a Wyoming Cwpo add acomaw in Wares( to Siaol* Markadng of hdinnesda, Lm„ ("OmKtoel having a mailing -khom of 350 Hutt South Temple, P.O. Box 30825, Salt Uke City, Utah 841300825, does botchy grant and convoy to 1 C John LLC, a Mhmaota limited liability company (" Oranta'l, having a mailing xWrom of 7910 Dokaa Avenue, Chaohoeam, Mlooacta 53317 for tae sum of Teo Doltaa ($10.00) and who goad and valuable 0000daation, the following dearibW hack of land also (mown u 7910 Do" Avenue, Chaohumn, bdinnaote, parasol numbs 25.1800560: That part of Outlet 1, Cbombeeem Estates, according to the r AWW plat thaw{, Office of Ragiala of Deeds, Carver County, bibma0ta, dadmW as Beginning at the Wmwdm of the East Hu of Said Outlot 1, with a line hareimfra described as "Line A" (said "Line A" Is a Hm 30.00 feet Soulheulaly of measured at right angles to atld patella with that part of the Southerly right of way Una, of State Highway No. 5 as shown on said plot which hu a radius of2764.79 fat); thence South along the Had line of said Duda 1, a diatmce of 200.00 fag then West at right angles to uid East Hne, a diatmce of 150.00 feet; (head Northwesterly to a poll out said "Liu A" distant 200.00 Pat Southwesterly, messtued along uM "Una A ", from do pole of bagimling; theca Northeasterly Wong said "Lim A" a distance of 200.00 fed to the point of begiom4 Except that part of Outlet 1, Chanhassen Estate shown a Peme1316B an Mirvtaws Depulmmt of Transportation Not of Way Plot Numbered 10.4 u the wen l at file and of record In the offico of 60 County Recorder in and he Cum County, Mimaota; Together with an aamLe n for AnvewaylnePoms ova and across that part of rid Outlet A which lies NosWwatorly of the above demo{ bed "Bane A" and Eutaly of We Northwa0atyptoonguon of the Waualy We of do above dssaibed pmpaty, Cwa Cowry. Mimaota. Together with a nom exclusive comment d000dbad as follows: A pertument comment for ddvewaypwposa ova, under and aeon a portion of Outlot 1. Chanhaaat Hetatm, woading to the recorded plat thoract Offies of Register of Deeds, Cova Cowry. Minnesota, described a commanding at the iNa,aotion of the Eat ling of said Oath 1. with a Had hemina0a dmdW a "Line A" ( add "Lino A" is a Wes $0.00 fed Southaataly, of measured at right mgia to and parallel with Out pat of the Southerly right of way Hne of State Highway No. 5 as shown on said Plot which hu a ndlus *f2764,79 fat); them South song die Halt Um of add Outline 1, a distance of 200.00 fat; tame Wad at right angles to aid Hat Hoe, adistance of 150.00 fees; to the Point of Bdgiming; thecae Coadnuing War along Wt add hind, a distance of22,2'7 fat, theme mrtthaeaaly, deflecting right 104 057'28", a distance of 38.69 fat to a am that nuts mamweataly from the Poll oflieglo clog to a point on sold "Lira A" distant 200.00 fed southwesterly, a masuted along acid "Une A ", from the Point of commencement; theme soutaa curdy along lot add Hu, a distaoce of 39.34 fat mom or lea to the Point of Booming I. .. Subject to m Wdions, asemmh, conditions and dgW of wayof mold, zoning rowkdoea, Wm for2O03 subsequent to dw date ofolodng and subsequent year, all spocW sswwoo t4 Wed or assessed, and all inaWhnoaa of spmW sacraments suhsequad to the due of otodng. Grantor is w worm Of Any NOW on the abov"moelbed trap. Witnea the band of Grantor, this day April 2005 w — O"drar dr E37. kD OW eesj *-20� C wx 7 Cm 00Mr..Pala STATE OF UTAH ) :36. County of Salt Lake ) On d" j— day ofApril2005. pasamllyappeared before PaterM .Johomwho, being duty sworn, did ay be is the Praidaoy Oil Dividon of slwbir 0E CorpopadM a WYeming oorporuton, and that the foregoing itammxotwa signed on beWof sold CMPWUIM Di WTT'NESS WHti WF, l have ad my hand ad affixed my official anal We day and yea in thin cad&ato above wrWm (SEAT.) i I r .i Prep&W by: SiachdrOU Cotpotadon P.O. Box 309" Salt LAW City, Utab 54130 Deed Tax Drs: $1,237.50 9ho «� 3 I to— :4 PRWNI'Sl 'C-wl wo, 4 tii, of corver, •+•% of 111 rll,•aotn, lutruiv., r Uw called "Gro Wer", In AunIt Uorp tion of the m)m ni ;11.04 arl olhcr W,bd and valwlblo cowddaratjort,. tft.haiid pull ky NORTIIL;:;l oarporOtivit, t1ir ►,!Fqjpc o.nd oufficlency ijivieby st-nnt usi�;44io 004fin Tsts, -ilsors. all-I - a 3 rlp a, lie kral. vruvr calted !`Cran� i's % plt age; mark, opMra to j.t4sp Avintilin"rapaiv, Ot,-•r, %opI4t%.0:, eag1ji1dikTomirti electric ciblas, tArjfs, con4uii45 -t!mpljokod, I.qS 410PO to' itant Micento, under null acres a •t(to following, daderj6d ILnP nitlj5l. in I'lle of oll-lar, Stew Of Ililinevot A, N-Wibl • O.UtIOU t, 2, Late 2. thru 1.5, inc)tjrjv,, BlQgk:-1 Lots I Lbru 22', Incluaive BI d thxu,.,1.9, WaLusive., 0* Eatul.eo nqc6idl.68 k" Mr. plat thurd6f 6n fllu',Itr;�of record In the 609ice cf Lbe POP.61kor of D'eciln In and ]',,I• x,J41 Cay.ver. n(y1ti•ty, I. "a IP to, thn• p4lnk,ml- t1lia. j;e'rowrt? 1(; v-,L and tho WOPIAII-lu 1.0 fittIc of f)klt- -fild ail 'In 1,Dtg I tortt 15, LVO., TWO- 10 Lcr 1. n Wi.tich ac.ljq,Wbtj; lho,pttt! . jlft 5lvrocc, or atrqQt" if: Of r. I, �ttc Wile . the l,%,,, -wo nec a6v 1:0 III-li .•0 ! fiew , vat Vivull f6n. tile puVI)o6o .. haroin IT, , 1`1411t.A0,romove vllmt W11101 t, Vra,I:nula op . lotap 1.1 0041 It far, la ;IV) Wit t1le 1150 of -laid. ptl I II P.a. 2 '.C1?tintbr-doucnantn with .0 rantee. ita sucrcusors and oanll;n.v, that aeall�bC,;SM.j�tk ;aWnot- of the AbmYS doacribad praeluna sutl has tho rl;;ht td eanotlenit ,ill tho auunwr and furm dforna Ild. '•'y 1';, y`fill(p•;iytthit . egtli ►•thnt no structure or obetruC Lion will be "`', ! ^•== "'sY�4 Ud or11 '¢�iiiil�bli. ei1 �'Le I tp and that he wJll not Worm any Oct ahi6fi will', 'NU'di tarh rWltJt: of l44dfiopr said olaetriwll farilltlea- ''.xhfb inptruN[ae alld}SkhO COyonnnt[, and spoumenty r-t! o1w 11 h••rrin are.. tiindidg•uliont the 46111616114 2.'ifair ,paroonal successote all alaigns. , - Doehapntory •fbx �'qf [11gi8Cata DoE hint. tsoto Auc oil this Jn:nlrmarroc '"'Iii!;WCI'N63g W!ffi{iHOP, %the Crantoi.,hos caused thin instrmaent to . b9, de1j.3dlto44t a?ithle_,33 1.:_!_.:�_.'•+dsy:Df_.._:��Y.Y 1 : 1`!fa/ ^_: It pq� q X. 4. Ire •1... I and_ a'.rx:!�La'��:'::...... dnacribod 1.1, alld who wz,-cvl ,d t. �he'tlacG}il:od, Gle no•.:. —_.. .. 1,r• \ h ..1 1..a Notary Public , LtLIN['ts, LML .I :: l4anyal Cae.M MI .