CC Staff Report 8-26-19 Driveway EasementCITY COUNCIL STAFF REPORT
Monday, August 26, 2019
Subject Approve Driveway Easement for Control Concepts
Section CONSENT AGENDA Item No: D.10.
Prepared By Erik Henricksen, Project Engineer File No: Planning Case 201904
PROPOSED MOTION
“The City Council approves the Access Easement Agreement to Lot 2, Block 1, Arboretum Business Park 7th
Addition.”
Approval requires a Simple Majority Vote of members present.
BACKGROUND
The developer of Lot 2, Block 1, Arboretum Business Park 7th Addition had an approved site plan on June 24, 2019
(Control Concepts Planning Case #201904). A condition of that site plan approval was to conduct additional traffic
analysis for the intersection of Water Tower Place and the northern driveway access due to concerns about traffic
conflicts (offset "T" intersection).
On July 8, 2019, a traffic assessment memorandum was provided by Max Moreland, P.E. with Spack Consulting.
One conclusion of the memorandum was to realign the northern access with Water Tower Place to eliminate
overlapping left turning movements (remove offset "T" intersection). This conclusion was based on the guidelines
developed by Carver County, which also reflect the standards adopted by the Minnesota Department of
Transportation. Staff agreed with the assessment of the traffic memorandum and conditioned the developer during the
building permit phase to realign the northern access in an effort to create a safer intersection alignment. On July
12, 2019, Loucks provided an updated site plan illustrating this realignment. The updated realignment required
approximately 210 square feet of area be covered within an access easement as it encroached onto a city Outlot.
Allowing for an access easement to be executed on a relatively small portion of city property (approximately 15.5 feet
of street frontage) to ensure a safer intersection alignment along a collector street, while maintaining the functionality of
the site, was found to be a reasonable proposal by staff.
RECOMMENDATION
Staff recommends the approval of the attached Access Easement Agreement as it promotes a safer intersection
alignment and better access management along the collector street "Century Boulevard," while maintaining the
functionality of the approved site plan for Control Concepts.
CITY COUNCIL STAFF REPORTMonday, August 26, 2019SubjectApprove Driveway Easement for Control ConceptsSectionCONSENT AGENDA Item No: D.10.Prepared By Erik Henricksen, Project Engineer File No: Planning Case 201904PROPOSED MOTION“The City Council approves the Access Easement Agreement to Lot 2, Block 1, Arboretum Business Park 7thAddition.”Approval requires a Simple Majority Vote of members present.BACKGROUNDThe developer of Lot 2, Block 1, Arboretum Business Park 7th Addition had an approved site plan on June 24, 2019(Control Concepts Planning Case #201904). A condition of that site plan approval was to conduct additional trafficanalysis for the intersection of Water Tower Place and the northern driveway access due to concerns about trafficconflicts (offset "T" intersection).On July 8, 2019, a traffic assessment memorandum was provided by Max Moreland, P.E. with Spack Consulting. One conclusion of the memorandum was to realign the northern access with Water Tower Place to eliminateoverlapping left turning movements (remove offset "T" intersection). This conclusion was based on the guidelinesdeveloped by Carver County, which also reflect the standards adopted by the Minnesota Department ofTransportation. Staff agreed with the assessment of the traffic memorandum and conditioned the developer during thebuilding permit phase to realign the northern access in an effort to create a safer intersection alignment. On July12, 2019, Loucks provided an updated site plan illustrating this realignment. The updated realignment requiredapproximately 210 square feet of area be covered within an access easement as it encroached onto a city Outlot. Allowing for an access easement to be executed on a relatively small portion of city property (approximately 15.5 feetof street frontage) to ensure a safer intersection alignment along a collector street, while maintaining the functionality ofthe site, was found to be a reasonable proposal by staff.RECOMMENDATIONStaff recommends the approval of the attached Access Easement Agreement as it promotes a safer intersection
alignment and better access management along the collector street "Century Boulevard," while maintaining the
functionality of the approved site plan for Control Concepts.
ATTACHMENTS:
Access Easement Agreement
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(reserved for recording information)
ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT (“Agreement”) is made, executed and
entered into this _____ day of _____________, 2019,by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (“Grantor”) and ZION INVESTMENTS,
LLC, a Minnesota limited liability company (“Grantee”).
RECITALS
A. Grantor is the owner of certain real property located in the City of Chanhassen, County
of Carver, and State of Minnesota, hereinafter referred to as “Parcel A” and legally described as:
Outlot B, Arboretum Business Park
B. Grantee is the owner of certain real property located in the City of Chanhassen, County
of Carver, and State of Minnesota, hereinafter referred to as “Parcel B” and legally described as:
Lot 2, Block 1, Arboretum Business Park 7th Addition
C. Parcel “A” abuts Parcel “B”.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and
agreements contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by the parties, it is hereby mutually agree by the
Grantor and Grantee as follows:
1. Grant of Easement. The Grantor hereby grants, transfers and conveys to the Grantee
and its successors and assigns for the benefit of Parcel B, an appurtenant perpetual access easement
for vehicular and pedestrian ingress and egress purposes over and across those portions of Parcel A
described on the attached Exhibit “A” and depicted on Exhibit “B” (“Easement Premises”) for access
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by vehicles and pedestrians to and from public streets and driveways to Parcel B. Grantee shall have
no rights to use any other portion of Parcel A, except only those rights specifically granted herein.
2. Rights. The rights provided under this Agreement shall include the Grantee’s right
to construct, operate, repair and maintain a driveway (“Driveway”) within the Easement Premises
over, on, under, across and through the Easement Premises. This Agreement shall include the
rights of the Grantee, its employees, contractors and agents to enter upon the Easement Premises
at all reasonable times to construct, reconstruct, inspect, repair, and maintain a Driveway over,
across, on, under, and through the Easement Premises, together with the right to grade, level, fill,
drain, pave, and excavate the Easement Premises, and the further right to remove trees, bushes,
undergrowth, and other obstructions interfering with the location, construction, and maintenance
of the Driveway.
3. Use of Access Easement. The Easement Premises shall be used by Grantee solely
for vehicular and pedestrian ingress and egress purposes only by and for Grantee, and Grantee’s
successors, assigns, occupants, tenants, employees and/or business invitees. No other right to use any
other portion of Parcel A is granted hereunder.
4. Maintenance and Repair. Grantee shall be responsible for all costs associated
with the construction, maintenance, improvement, repair or reconstruction of the Driveway,
including snow removal, and sweeping. Grantee shall maintain the Easement Premises, including
landscaping located within the Easement Premises, in a neat, presentable and safe condition, at
Grantee’s sole cost and expense.
5. Restoration. Upon completion of any work requiring the opening of the Easement
Premises, Grantee shall, in all cases, place the Easement Premises in as condition as good as it existed
prior to the Grantee’s work.
6. Indemnification. Grantee shall indemnify and hold the Grantor harmless from and
against all liability, actions, claims, demands, costs, damages, or expense of any kind which may
be brought or made against the Grantor relating to accidents, injuries, loss, or damage of or to any
person or property occurring on or about the Easement Premises. Such indemnity shall not apply
to the extent of any loss or claim due to or arising from the negligent or wrongful acts or omissions
of the Grantor, its officials, employees or agents.
Nothing contained in this Agreement shall be construed as a waiver by the Grantor of any
limitations on liability contained in Minnesota Statutes, Chapter 466.
7. Insurance. The Grantee and any future owners of Parcel B shall, at all times during
the term of this easement agreement maintain comprehensive general liability insurance coverage
of the Easement Premises in amounts equivalent, at a minimum, to the municipal liability limits in
effect at any given time under Minnesota State Law. [Presently, under Minnesota Statutes, Section
466.04, the municipal liability limits in effect for 2015 are $500,000 per person and $1,500,000
per occurrence; limits are double for the release of hazardous substances]. In the event that the
statutory municipal limits of liability under state law are increased, the amounts of coverage shall
be increased to the limits of municipal liability.
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8. Compliance with Applicable Laws. The Grantee shall at all times comply with all
applicable laws, ordinances, rules, regulations, and codes, federal, state, and local, whether now or
hereafter promulgated or enacted in its construction of the driveway, use and maintenance of the
driveway and Easement Premises.
9. Remedies/Waivers. The following shall constitute an event of default under this
Agreement:
a. either party interferes with the uses of the other party granted and/or reserved
under this Agreement and the interfering party fails to cure such default within
twenty-four (24) hours after receiving written notice of the default from the
aggrieved party; or
b. a party defaults in any other manner under this Agreement and fails to cure
such default within thirty (30) days after receiving written notice of the default
from the aggrieved party, specifically, with regard to any interference with the
ingress and egress by the Grantees, their successors and assigns, the Grantees
will be considered an aggrieved party. If the defaulting party fails to cure the
default within the applicable cure period set forth above, the aggrieved party
may exercise one or more of the following remedies: (i) cure the default and
charge the cost thereof including reasonable attorneys’ fees to the defaulting
party and also such costs shall be payable upon demand; and (ii) institute an
action for specific performance, injunctive relief, or any other remedy
available at law or in equity.
Any action seeking one or more forms of relief shall not be a bar to an action at the same or subsequent
time seeking other forms of relief. The costs of any such action, including reasonable attorneys’ fees
of the prevailing party, shall be paid by the party not prevailing. Any delay in realizing, or failure to
realize, on any remedy herein for a default hereunder shall not be deemed a waiver of that default or
any subsequent default of a similar or different kind, and no waiver or any right or remedy hereunder
shall be effective unless in writing and signed by the person against whom the waiver is claimed.
10. Entire Agreement. This Agreement contains the complete understanding and
agreement of the parties hereto with respect to all matters referred to herein, and all prior
representations, negotiations, and understandings are superseded hereby.
11. No Waiver. No waiver of any default of any obligation by any party hereto shall
be implied from any omission by the other party to take any action with respect to such default.
12. Notices. All notices permitted or required to be given under this Agreement shall
be in writing and shall be deemed to have been given (a) when personally delivered, (b) one
business day after being delivered to a reliable and recognized overnight courier or messenger
service which provides receipts of delivery, with fees prepaid or charged to the sending party, or
(c) three business days after being deposited in the United States mail in a sealed envelope by
certified mail, postage prepaid, addressed to the respective party at the address set forth herein or
to such other address as set forth in a notice given in accordance with this Section. The notice
addresses of the initial Owners are as follows:
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Grantor: City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
Attention: City Manager
Grantee: Zion Investments, LLC
_______________________
_______________________
_______________________
Attention: ______________
13. Severability. The invalidity of any portion of this Agreement shall not impair in
any manner the validity, enforceability or effect of the rest of this Agreement.
14. Governing Law. This Agreement shall be construed in accordance with the laws
of the State of Minnesota.
15. Covenants to Run with Land. The easement, rights and the maintenance and repair
responsibilities set forth in this Agreement shall run with Parcels A and B and shall be binding upon,
and inure to the benefit of the owners, their heirs, successors and assigns, and any other person or
entity at any time thereafter who shall become the owner of Parcel A and/or Parcel B.
16. Termination. This Easement shall terminate if the driveway constructed within the
Easement Premises is abandoned or relocated by the Grantee from the Easement Premises. Upon
abandonment or relocation of the driveway, the Grantee shall remove the driveway and related
improvements at the Grantee’s cost.
17. Counterparts. This Easement Agreement may be executed in any number of
counterparts, each of which will be deemed to be an original, but all of which, when taken together,
constitute the same instrument.
18. Title. The above named Grantor covenants with the Grantee, its successors and
assigns, that Grantor is well seized in fee title of the above described easement premises; that Grantor
has the sole right to grant and convey the easement to the Grantee; and that there are no unrecorded
interests in the easement premises.
[Remainder of page intentionally left blank.
Signature page follows.]
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IN WITNESS WHEREOF, this easement has been executed on the day and year first
above written.
GRANTOR:
CITY OF CHANHASSEN
By ___________________________________
(SEAL) Elise Ryan, Mayor
And __________________________________
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _______ day of
__________________, 2019, by Elise Ryan 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 Council.
____________________________________
Notary Public
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GRANTEE:
ZION INVESTMENTS, LLC
By
_____________________________ [print name]
Its ___________________________ [title]
STATE OF MINNESOTA )
( ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _______ day of
________________, 2019, by _________________________, the ________________________ of
Zion Investments, LLC, a Minnesota limited liability company, on behalf of the entity.
___________________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP/jmo
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EXHIBIT “A”
TO
ACCESS EASEMENT AGREEMENT
That part of Outlot B, ARBORETUM BUSINESS PARK, Carver County, Minnesota, described
as follows:
Beginning at a southwest corner of said Outlot B; thence on an assumed bearing North 30
degrees 08 minutes 01 second East along the west line of said Outlot B 15.50 feet; thence South
59 degrees 57 minutes 28 seconds East 27.00 feet, to a south line of said Outlot B; thence North
89 degrees 47 minutes 43 seconds West, along said south line of Outlot B, 31.15 feet to said
southwest corner of Outlot B and the point of beginning.
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EXHIBIT “B” TO ACCESS EASEMENT AGREEMENT