Chan Settlers West Conservation Easement/.
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Document NO. OFFICE OF THE
A404583
IIII IIII II COUNTY RECORDER
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Certified Recorded on 12-29-2004 at 02:00 ❑AM [� PM
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CONSERVATION EASEMENT
INSTRUMENT made this Ay of e��i� , 2004, by and between SETTLERS
WEST LMTED PARTNERSHIP, a Minnesota limited partnership, hereinafter referred to as
"Gramor(s)", and the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City").
WITNESSETH:
The Grantor(s), in consideration of good and valuable consideration paid by the City, the
receipt and sufficiency of which is hereby acknowledged, grant unto the City a permanent
conservation easement for the purposes set forth in this instrument, over, under, and across the
premises described in the attached Exhibit A ("subject property").
Grantor(s) for itself, its heirs, successors, and assigns, agree that the following are
prohibited in perpetuity on the subject property:
A. Constructing, installing, or maintaining anything made by man, including but not
limited to buildings, structures, walkways, clothes line poles, and playground
equipment.
B. Cutting, removing, or altering trees or other vegetation, except for noxious weed
control by or as directed by a governmental agency.
C. Excavation or filling.
D. Application of fertilizers, whether natural or chemical.
E Application of chemicals for the destruction or retardation of vegetation.
F. The deposit of waste, yard waste, or debris.
G. The application of herbicides, pesticides, and insecticides, except for noxious weed
control by or as directed by a governmental agency.
H. Outside storage of any kind.
Activity detrimental to the preservation of the scenic beauty, vegetation, and
wildlife.
2. Grantor(s), for itself, its heirs, successors, and assigns, further grant the City the
affirmative right, but not the obligation to do the following on the subject property:
A. Preserve, improve, and enhance the slope, trees, vegetation, and natural habitat by
altering, clearing, and removing trees or other vegetation, by changing the contour
of the land, and by planting trees or other vegetation.
B. Enter upon the subject property at any time to enforce compliance with the terms
of this instrument.
(SEAL)
SETTLERS WEST LIMITED PARTNERSHIP
CITY OF
BY:
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Mayor
Gerhardt, City Manager
STATE OF MINNESOTA )
(ss
COUNTY OF .0/1 n )
The foregoing instrument was acknowledged before me this day of SP fir, 2004,
by Daniel J. Herbst, the president of The Pemtom Land Company, a domestic corporation, the general
partner of Settlers West Limited Partnership, on behalf of the limited partnership.
Es MARGARET C. MILLER
NOTARY PUBLIC- MINNESOTA
MY COMMISSION
F„XPIRES JAN. 31,2005
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
VOTARY UBLIC
The foregoing instrument was acknowledged before me this A INay of i E r _
2004, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, 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:
City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
(952)227-1160
NOTARY PUBLIC
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EXHIBIT A
An Easement for Conservation Purposes over, under and across that part of Lot 5,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies westerly of a line
which commences at the northwest corner of said Lot 5; thence South 70 degrees 43
minutes 39 seconds East, assumed bearing, along the north line of said Lot 5, a
distance of 9.22 feet to the point of beginning of the line to be described; thence South
29 degrees 12 minutes 39 seconds West, 95.43 feet to the south line of said Lot 5,
where said line terminates. Contains: 877 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 6,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies westerly of a line
which commences at the northwest corner of said Lot 6; thence South 70 degrees 43
minutes 39 seconds East, assumed bearing, along the north line of said Lot 6, a
distance of 9.44 feet to the point of beginning of the line to be described; thence South
29 degrees 12 minutes 39 seconds West, 75.41 feet to the south line of said Lot 6,
where said line terminates. Contains: 700 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 7,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies westerly of a line
which commences at the northwest corner of said Lot 7; thence South 60 degrees 26
minutes 50 seconds East, assumed bearing, along the north line of said Lot 7, a
distance of 9.47 feet to the point of beginning of the line to be described; thence South
29 degrees 12 minutes 39 seconds West, 108.52 feet to the south line of said Lot 7,
where said line terminates. Contains: 1,046 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 8,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies westerly of a line
which commences at the northwest corner of said Lot 8; thence North 66 degrees 32
minutes 17 seconds West, assumed bearing, along the north line of said Lot 8, a
distance of 9.77 feet to the point of beginning of the line to be described; thence South
31 degrees 28 minutes 55 seconds West, 157.89 feet to the south line of said Lot 8,
where said line terminates. Contains: 1,027 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 9,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies westerly of a line
which commences at the northwest corner of said Lot 9; thence South 84 degrees 03
minutes 31 seconds East, assumed bearing along the north line of said Lot 9, a
distance of 4.57 feet to the point of beginning of the line to be described; thence South
31 degrees 28 minutes 55 seconds West, 10.04 feet to the west line of said Lot 9,
where said line terminates. Contains: 21 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 15,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies northwesterly of a
line which commences at the most westerly corner of said Lot 15; thence South 56
degrees 37 minutes 49 seconds East, assumed bearing, along the south line of said
Lot 15, a distance of 6.91 feet to the point of beginning of the line to be described;
thence North 19 degrees 54 minutes 19 seconds East, 12.55 feet to the northwest line
of said Lot 15, where said line terminates. Contains: 42 Sq. Ft
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 16,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies westerly of a line
which commences at the southwest corner of said Lot 16; thence South 79 degrees 14
minutes 36 seconds East, assumed bearing, along the south line of said Lot 16, a
distance of 5.54 feet to the point of beginning of the line to be described; thence North
33 degrees 47 minutes 53 seconds East, 72.02 feet; thence North 19 degrees 54
minutes 19 seconds East, 83.89 feet to the north line of said Lot 16, where said line
terminates. Contains: 1,491 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 17,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies westerly of a line
which commences at the southwest corner of said Lot 17; thence North 78 degrees 08
minutes 22 seconds East, assumed bearing, along the south line of said Lot 17, a
distance of 23.10 feet to the point of beginning of the line to be described; thence North
21 degrees 20 minutes 11 seconds West, 100.15 feet to the northwesterly line of said
Lot 17, where said line terminates. Contains: 2,146 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 18,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies westerly of a line
which commences at the southwest corner of said Lot 18; thence North 55 degrees 31
minutes 20 seconds East, assumed bearing, along the southeasterly line of said Lot 18,
a distance of 19.68 feet to the point of beginning of the line to be described; thence
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North 28 degrees 23 minutes 17 seconds West, 141.27 feet to the north line of said Lot
18, where said line terminates. Contains: 3,074 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 19,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies southwesterly of a
line which commences at the southwest corner of said Lot 19; thence North 45 degrees
41 minutes 16 seconds East, assumed bearing, along the southeast line of said Lot 19,
a distance of 19.68 feet to the point of beginning of the line to be described; thence
North 37 degrees 30 minutes 08 seconds West, 113.67 feet to the northwest line of
said Lot 19, where said line terminates Contains: 2,292 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 20,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies southwesterly of a
line which commences at the most westerly corner of said Lot 20; thence North 45
degrees 41 minutes 16 seconds East, assumed bearing, along the northwesterly line of
said Lot 20, a distance of 19.68 feet to the point of beginning of the line to be
described; thence South 57 degrees 14 minutes 05 seconds East, 94.06 feet to the
southeasterly line of said Lot 20, where said line terminates. Contains: 2,015 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 21,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies southwesterly of a
line which commences at the most westerly corner of said Lot 21; thence North 46
degrees 54 minutes 22 seconds East, assumed bearing, along the northwesterly line of
said Lot 21, a distance of 24.51 feet to the point of beginning of the line to be
described; thence South 57 degrees 14 minutes 05 seconds East, 101.12 feet to the
southeasterly line of said Lot 21, where said line terminates. Contains: 2,283 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 22,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies southwesterly of a
line which commences at the most westerly corner of said Lot 22; thence North 45
degrees 22 minutes 46 seconds East, assumed bearing, along the northwesterly line of
said Lot 22, a distance of 21.77 feet to the point of beginning of the line to be
described; thence South 22 degrees 52 minutes 26 seconds East, 86.81 feet to the
southeasterly line of said Lot 22, where said line terminates. Contains: 1,810 Sq Ft.
M
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 23,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies southwesterly of a
line which commences at the most westerly corner of said Lot 23; thence North 58
degrees 50 minutes 57 seconds East, assumed bearing, along the northwesterly line of
said Lot 23, a distance of 23.08 feet to the point of beginning of the line to be
described; thence South 22 degrees 52 minutes 26 seconds East, 81.07 feet to the
southeasterly line of said Lot 23, where said line terminates. Contains: 1,862 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 24,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies west of a line which
commences at the northwest corner of said Lot 24; thence North 71 degrees 43
minutes 02 seconds East, assumed bearing, along the north line of said Lot 24, a
distance of 23.47 feet to the point of beginning of the line to be described; thence
South 22 degrees 52 minutes 26 seconds East, 74.06 feet; thence South 11 degrees
52 minutes 45 seconds West, 81.84 feet to the south line of said Lot 24, where said
line terminates. Contains: 3,202 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 26,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies south and east of a
line which commences at the most southerly corner of said Lot 26; thence North 22
degrees 57 minutes 34 seconds West, assumed bearing, along the southwesterly line
of said Lot 26, a distance of 20.00 feet to the point of beginning of the line to be
described; thence North 65 degrees 46 minutes 54 seconds East, 163.88 feet; thence
North 11 degrees 03 minutes 47 seconds West, 66.74 feet to the north line of said Lot
26, where said line terminates. Contains: 5,071 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 25,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies west of a line which
commences at the northwest corner of said Lot 25; thence North 83 degrees 47
minutes 30 seconds East, assumed bearing, along the north line of said Lot 25, a
distance of 21.04 feet to the point of beginning of the line to be described; thence
South 11 degrees 52 minutes 45 seconds West, 28.69 feet; thence South 17 degrees
53 minutes 12 seconds West, 77.41 feet; thence South 1 degree 25 minutes 04
seconds East, 51.54 feet to a point hereinafter known as "Point A"; thence South 1
degrees 25 minutes 04 seconds East to the south line of said Lot 25 , where said line
terminates. Also that part of said Lot 25, which lies south of a line commences at said
"Point A"; thence North 84 degrees 05 minutes 59 seconds East, 151.24 feet; thence
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North 65 degrees 46 minutes 54 seconds East, 18.36 feet to the east line of said Lot
25, where said line terminates. Contains: 7,036 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 27,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies east of a line which
commences at the northeast corner of said Lot 27; thence South 87 degrees 09
minutes 07 seconds West, assumed bearing, along the north line of said Lot 27, a
distance of 23.07 feet to the point of beginning of the line to be described; thence
South 8 degrees 23 minutes 24 seconds West, 117.05 feet to the south line of said Lot
27, where said line terminates. Contains: 2,567 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 28,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies east of a line which
commences at the northeast corner of said Lot 28; thence South 81 degrees 23
minutes 07 seconds West, assumed bearing, along the north line of said Lot 28, a
distance of 21.91 feet to the point of beginning of the line to be described; thence
South 15 degrees 27 minutes 53 seconds West, 67.81 feet; thence South 27 degrees
43 minutes 24 seconds East, 65.74 feet to the south line of said Lot 28, where said line
terminates. Contains: 2,729 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 29,
Block 4, SETTLERS WEST, Carver County, Minnesota, which lies southeast of a line
which commences at the southeast corner of said Lot 29; thence North 4 degrees 43
minutes 24 seconds West, assumed bearing, along the east line of said Lot 29, a
distance of 30.56 feet to the point of beginning of the line to be described; thence
South 36 degrees 09 minutes 04 seconds West, 26.76 feet; thence South 15 degrees
27 minutes 53 seconds West, 12.59 feet to the south line of said Lot 29, where said
line terminates. Contains: 393 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 6,
Block 5, SETTLERS WEST, Carver County, Minnesota, which lies easterly of a line
which commences at the northeast corner of said Lot 6; thence North 88 degrees 30
minutes 33 seconds West, assumed bearing, along the north line of said Lot 6, a
distance of 18,77 feet to the point of beginning of the line to be described; thence
South 08 degrees 11 minutes 31 seconds West, 94.65 feet to the south line of said Lot
6, where said line terminates. Contains: 1,831 Sq. Ft.
in
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 7,
Block 5, SETTLERS WEST, Carver County, Minnesota, which lies easterly of a line
which commences at the northeast corner of said Lot 7; thence North 88 degrees 30
minutes 33 seconds West, assumed bearing, along the north line of said Lot 7, a
distance of 20.20 feet to the point of beginning of the line to be described; thence
South 08 degrees 11 minutes 31 seconds West, 103.19 feet to the south line of said
Lot 7, where said line terminates. Contains: 2,168 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 8,
Block 5, SETTLERS WEST, Carver County, Minnesota, which lies southeasterly of a
line which commences at the northeast corner of said Lot 8; thence North 84
degreesl0 minutes 26 seconds West, assumed bearing, along the north line of said Lot
8, a distance of 21.65 feet to the point of beginning of the line to be described; thence
South 24 degrees 17 minutes 39 seconds West, 131.82 feet to the south line of said
Lot 8, where said line terminates. Contains: 2,777 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 9,
Block 5, SETTLERS WEST, Carver County, Minnesota, which lies southeasterly of a
line which commences at the most easterly corner of said Lot 9; thence North 63
degreesl7 minutes 15 seconds West, assumed bearing, along the northeasterly line of
said Lot 9, a distance of 20.41 feet to the point of beginning of the line to be described;
thence South 24 degrees 03 minutes 06 seconds West, 136.38 feet to the
southwesterly line of said Lot 9, where said line terminates. Contains: 2,807 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 10,
Block 5, SETTLERS WEST, Carver County, Minnesota, which lies southeasterly and
southerly of a line which commences at the most easterly corner of said Lot 10; thence
North 42 degrees 24 minutes 04 seconds West, assumed bearing, along the
northeasterly line of said Lot 10, a distance of 21.42 feet to the point of beginning of the
line to be described; thence South 76 degrees 47 minutes 16 seconds West, 52.80
feet; thence South 63 degrees 53 minutes 43 seconds West, 73.44 feet to the
southwesterly line of said Lot 10, where said line terminates. Contains: 2,159 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 11,
Block 5, SETTLERS WEST, Carver County, Minnesota, which lies easterly and
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southerly of a line which commences at the most easterly corner of said Lot 11; thence
North 27 degrees 55 minutes 49 seconds West, assumed bearing, along the
northeasterly line of said Lot 11, a distance of 7.36 feet to the point of beginning of the
line to be described; thence South 65 degrees 00 minutes 43 seconds West, 43.19
feet; thence South 34 degrees 30 minutes 57 seconds East, 34.88 feet to the
southeasterly line of said Lot 11, where said line terminates. Contains: 887 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 15,
Block 5, SETTLERS WEST, Carver County, Minnesota, which lies northerly of a line
which commences at the easterly corner of said Lot 15; thence South 42 degrees 17
minutes 49 seconds West, assumed bearing, along the southeasterly line of said Lot
15, a distance of 11.21 feet to the point of beginning of the line to be described; thence
North 80 degrees 56 minutes 07 seconds West, 112.00 feet to the northwesterly line of
said Lot 15, where said line terminates. Contains: 2,083 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 18,
Block 5, SETTLERS WEST, Carver County, Minnesota, which lies northeasterly of a
line which commences at the northeast corner of said Lot 18; thence South 22 degrees
59 minutes 35 seconds West, assumed bearing, along the easterly line of said Lot 18,
a distance of 21.93 feet to the point of beginning of the line to be described; thence
North 18 degrees 50 minutes 21 seconds West, 27.36 feet to the northerly line of said
Lot 18, where said line terminates. Contains: 200 Sq. Ft.
Together with,
An Easement for Conservation Purposes over, under and across that part of Lot 19,
Block 5, SETTLERS WEST, Carver County, Minnesota, which lies northerly of a line
which commences at the most northerly corner of said Lot 19; thence South 22 degrees
59 minutes 35 seconds West, assumed bearing, along the northwesterly line of said Lot
19, a distance of 21.93 feet to the point of beginning of the line to be described; thence
South 82 degrees 10 minutes 04 seconds East, 104.08 feet to the east line of said Lot
19, where said line terminates. Contains: 2,003 Sq. Ft.
g:\eng\projects\settlem wwkonservanon easemcnt.Joc
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