150604_CK Law to SBS_EasementHi Stephanie,
I agree with “a perpetual easement for ingress and egress” and I am
pretty certain that on Page 2 (listing the legal) it references a
“perpetual easement for watermain” .
So, I would agree that there is a permanent easement for watermain
purposes and for ingress/egress. It would only make sense that there
would be a temporary construction easement.
And, you are very welcome.
Let me know if you need anything else.
Jean M. Olson, Legal Assistant
Campbell Knutson, Professional Association
1380 Corporate Center Curve ● Suite 317 ● Eagan, MN 55121
(651) 234-6212 ● Fax: (651) 452-5550
jolson@ck-law.com <blocked::mailto:jolson@ck-law.com> ● www.ck-law.com
<http://www.ck-law.com/>
From: Smith, Stephanie [mailto:sbsmith@ci.chanhassen.mn.us]
Sent: Thursday, June 04, 2015 8:23 AM
To: Jean Olson
Subject: RE: 3603 Red Cedar Point Road
Jean,
Unfortunately, the 1973 easement for the Project #71-E is what I was
looking to find. I was able to do some edits to the first page
photocopy to make it clearer:
“WITNESSETH, that the said parties of the first part, in consideration
of One Dollar… valuable consideration to them in … paid by the said
party of the second part, the receipt whereof is hereby acknowledged as
_________ thereby Grant, Borrow, Sell, Convey and Warrant to said party
of the second part its successors and assigns… and easements to
construct, …. repair water mains… and… under and across the … described
in Exhibit “A”…part thereof together with whatever temporary easements
are therein described and together with a perpetual easement for ingress
and egress.”
This makes it seem to me that the document conveys a watermain easement
that grants the City temporary construction easement, and perpetual
rights of ingress/egress for maintenance thereafter. Do you concur?
Thank you for your help with this.
Stephanie
Stephanie Smith, P.E.
Project Engineer
City of Chanhassen
sbsmith@ci.chanhassen.mn.us <mailto:sbsmith@ci.chanhassen.mn.us>
P: 952-227-1165 / F: 952-227-1170
7700 Market Blvd, PO Box 147, Chanhassen, MN 55317
From: Jean Olson [mailto:JOlson@ck-law.com]
Sent: Wednesday, June 03, 2015 3:39 PM
To: Smith, Stephanie
Subject: FW: 3603 Red Cedar Point Road
Stephanie,
I contacted the abstractor about getting a better copy of the Easement
dated August 14, 1973. This was her response:
“The copy sent with the report is the best copy available to the
public. It appears to be a temporary easement for water main purposes
(discussed on page 2) and a perpetual easement for ingress and egress
(mentioned on page 1).”
Page 2 of the easement document, to me, looks like a perpetual easement
for watermain.
Sorry we couldn’t be more definitive.
Jean M. Olson, Legal Assistant
Campbell Knutson, Professional Association
1380 Corporate Center Curve ● Suite 317 ● Eagan, MN 55121
(651) 234-6212 ● Fax: (651) 452-5550
jolson@ck-law.com <blocked::mailto:jolson@ck-law.com> ● www.ck-law.com
<http://cp.mcafee.com/d/1jWVIe6h0SyMOOMCMyejdTdFzDTTS3hOedFzDTT76mjqoVZZ
ZwQsL6QNPXRSkS3ozk-Bo0GNkKvFzBPtyFs_j7bCNOqbZNPX_nVwttZWXfnKnjphd7f6zBV5
NZxfBHFShhlKU_OEuvkzaT0QSyrjdTdTdw0H5iV-CenMTgxhmkOoaJbH4ZwjSBfxOIerErhK
e7fEICMmd96y1BOX9Ew1vE6y0iZ3oCy0blB2pEw1ttgdFCzAShk16xKQuzjv>
From: Jean Olson
Sent: Wednesday, June 03, 2015 3:20 PM
To: 'sbsmith@ci.chanhassen.mn.us'
Subject: 3603 Red Cedar Point Road
Good Afternoon Stephanie,
As requested, attached please find an O&E and search package we
received for 3603 Red Cedar Point Road (Gregg and Kellie Geiger) from
Land Title.
You inquired whether there were any drainage and utility easements on
this property.
In reviewing the documents, it looks like there is a perpetual easement
and right-of-way for highway purposes noted on the Mortgage document
dated September 5, 2014 and recorded as document number A601231; and on
the “Deed Record 34” document dated November 30, 1929 between Linner and
Mayhow.
The last document is an Easement dated August 14, 1973 and is pretty
much illegible. But the exhibit attached to the easement indicates that
there is a 10’ perpetual easement for watermain purposes on this
property.
Hope this is what you were looking for.
Let me know if you need anything else.
Thanks.
Jean M. Olson, Legal Assistant
Campbell Knutson, Professional Association
1380 Corporate Center Curve ● Suite 317 ● Eagan, MN 55121
(651) 234-6212 ● Fax: (651) 452-5550
jolson@ck-law.com <blocked::mailto:jolson@ck-law.com> ● www.ck-law.com
<http://cp.mcafee.com/d/avndy0Qd2gOrhoppojoh79CXCQNPXXX1EV76QNPXXzzb9Jcs
---MqenzqoVZWXar1IhGviI0loGnfQNOVKNkKvFzBPoVd5-UVZ_HYMeK-ZtDHTbFIECzDzhO
YyU-MDORQX8EGTsvVkffGhBrwqrjdFCXCXCM0lyFs_j7bUrEgEHapc5mBRyuM9XiDMVm7dQd
ET73DQmjob6Azh0OVtAQg0LQ3h09uxIjh05GOxcQg0KKE6QPhOrb4vFGsiTCDz>
So, I would agree that there is a permanent easement for watermain
purposes and for ingress/egress. It would only make sense that there
would be a temporary construction easement.
And, you are very welcome.
Let me know if you need anything else.
Jean M. Olson, Legal Assistant
Campbell Knutson, Professional Association
1380 Corporate Center Curve ● Suite 317 ● Eagan, MN 55121
(651) 234-6212 ● Fax: (651) 452-5550
jolson@ck-law.com <blocked::mailto:jolson@ck-law.com> ● www.ck-law.com
<http://www.ck-law.com/>
From: Smith, Stephanie [mailto:sbsmith@ci.chanhassen.mn.us]
Sent: Thursday, June 04, 2015 8:23 AM
To: Jean Olson
Subject: RE: 3603 Red Cedar Point Road
Jean,
Unfortunately, the 1973 easement for the Project #71-E is what I was
looking to find. I was able to do some edits to the first page
photocopy to make it clearer:
“WITNESSETH, that the said parties of the first part, in consideration
of One Dollar… valuable consideration to them in … paid by the said
party of the second part, the receipt whereof is hereby acknowledged as
_________ thereby Grant, Borrow, Sell, Convey and Warrant to said party
of the second part its successors and assigns… and easements to
construct, …. repair water mains… and… under and across the … described
in Exhibit “A”…part thereof together with whatever temporary easements
are therein described and together with a perpetual easement for ingress
and egress.”
This makes it seem to me that the document conveys a watermain easement
that grants the City temporary construction easement, and perpetual
rights of ingress/egress for maintenance thereafter. Do you concur?
Thank you for your help with this.
Stephanie
Stephanie Smith, P.E.
Project Engineer
City of Chanhassen
sbsmith@ci.chanhassen.mn.us <mailto:sbsmith@ci.chanhassen.mn.us>
P: 952-227-1165 / F: 952-227-1170
7700 Market Blvd, PO Box 147, Chanhassen, MN 55317
From: Jean Olson [mailto:JOlson@ck-law.com]
Sent: Wednesday, June 03, 2015 3:39 PM
To: Smith, Stephanie
Subject: FW: 3603 Red Cedar Point Road
Stephanie,
I contacted the abstractor about getting a better copy of the Easement
dated August 14, 1973. This was her response:
“The copy sent with the report is the best copy available to the
public. It appears to be a temporary easement for water main purposes
(discussed on page 2) and a perpetual easement for ingress and egress
(mentioned on page 1).”
Page 2 of the easement document, to me, looks like a perpetual easement
for watermain.
Sorry we couldn’t be more definitive.
Jean M. Olson, Legal Assistant
Campbell Knutson, Professional Association
1380 Corporate Center Curve ● Suite 317 ● Eagan, MN 55121
(651) 234-6212 ● Fax: (651) 452-5550
jolson@ck-law.com <blocked::mailto:jolson@ck-law.com> ● www.ck-law.com
<http://cp.mcafee.com/d/1jWVIe6h0SyMOOMCMyejdTdFzDTTS3hOedFzDTT76mjqoVZZ
ZwQsL6QNPXRSkS3ozk-Bo0GNkKvFzBPtyFs_j7bCNOqbZNPX_nVwttZWXfnKnjphd7f6zBV5
NZxfBHFShhlKU_OEuvkzaT0QSyrjdTdTdw0H5iV-CenMTgxhmkOoaJbH4ZwjSBfxOIerErhK
e7fEICMmd96y1BOX9Ew1vE6y0iZ3oCy0blB2pEw1ttgdFCzAShk16xKQuzjv>
From: Jean Olson
Sent: Wednesday, June 03, 2015 3:20 PM
To: 'sbsmith@ci.chanhassen.mn.us'
Subject: 3603 Red Cedar Point Road
Good Afternoon Stephanie,
As requested, attached please find an O&E and search package we
received for 3603 Red Cedar Point Road (Gregg and Kellie Geiger) from
Land Title.
You inquired whether there were any drainage and utility easements on
this property.
In reviewing the documents, it looks like there is a perpetual easement
and right-of-way for highway purposes noted on the Mortgage document
dated September 5, 2014 and recorded as document number A601231; and on
the “Deed Record 34” document dated November 30, 1929 between Linner and
Mayhow.
The last document is an Easement dated August 14, 1973 and is pretty
much illegible. But the exhibit attached to the easement indicates that
there is a 10’ perpetual easement for watermain purposes on this
property.
Hope this is what you were looking for.
Let me know if you need anything else.
Thanks.
Jean M. Olson, Legal Assistant
Campbell Knutson, Professional Association
1380 Corporate Center Curve ● Suite 317 ● Eagan, MN 55121
(651) 234-6212 ● Fax: (651) 452-5550
jolson@ck-law.com <blocked::mailto:jolson@ck-law.com> ● www.ck-law.com
<http://cp.mcafee.com/d/avndy0Qd2gOrhoppojoh79CXCQNPXXX1EV76QNPXXzzb9Jcs
---MqenzqoVZWXar1IhGviI0loGnfQNOVKNkKvFzBPoVd5-UVZ_HYMeK-ZtDHTbFIECzDzhO
YyU-MDORQX8EGTsvVkffGhBrwqrjdFCXCXCM0lyFs_j7bUrEgEHapc5mBRyuM9XiDMVm7dQd
ET73DQmjob6Azh0OVtAQg0LQ3h09uxIjh05GOxcQg0KKE6QPhOrb4vFGsiTCDz>