CC Staff Report 11-9-20 - Tietz AgreementCITY COUNCIL STAFF REPORT
Monday,November 9,2020
Subject Approve Access Easement Agreement with John and Carrie Tietz
Section CONSENT AGENDA Item No:D.5.
Prepared By Kate Aanenson,AICP,Community
Development Director
File No:Planning Case No.2019-01
PROPOSED MOTION
City Council approves the Access Easement Agreement conditioned upon recording of the plat and recording of the
Deed for the future City-owned Outlot A."
Approval requires a Simple Majority Vote of members present.
SUMMARY
With the Bluffs at Lake Lucy plat,the Tietz family driveway will be moved from Galpin Boulevard to Della Drive.The
Tietz's will have to cross a portion of the future City-owned Outlot A to get to their property.This Access Easement
Agreement will allow the Tietz's to construct,operate,repair and maintain a driveway through said Outlot A.
DISCUSSION
As part of the Galpin Boulevard reconstruction design plans,the County requested that the Tietz's property gain
access off of the future Della Drive rather than Galpin Boulevard.There is an approximate 10-foot separation Outlot
A)between the Tietz's property and future Della Drive.Because this easement was not in the original development
agreement and the City owns the property over which the easement will be granted,the City Council must approve
this agreement.
RECOMMENDATION
To meet the County's and City's recommendation for access,staff is recommending that the Access Easement
Agreement be approved.
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 _____________, 2020, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (“Grantor”) and JOHN C. TIETZ and
CARRIE M. TIETZ as Trustees of the JOHN C. TIETZ AND CARRIE M. TIETZ LIVING
TRUST dated March 18, 2016 (“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 A, The Bluffs at Lake Lucy, according to the recorded plat thereof, Carver,
County, Minnesota
B. Grantees are the owners 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:
That part of NE 1/4 of the NW 1/4 Section 10, Township 116 North, Range 23
West, Carver County, Minnesota, described as follows: Commencing at the North
1/4 corner, Section 10, Township 116 North, Range 23 West, thence southerly
along the North-South 1/4 line of said Section 409.69 feet to the point of beginning,
thence continuing southerly along North-South 1/4 line 60.08 feet to a point, thence
westerly on a line parallel with the South line of the North 1/2 of the NE 1/4 of the
NW 1/4 452.30 feet to the centerline of the Excelsior-Shakopee Road, thence
northeasterly along the centerline of the Excelsior-Shakopee Road 61.50 feet,
thence easterly and parallel with the South line of the North 1/2 of the NE 1/4 of
the NW 1/4 435.76 feet to the point of beginning.
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and
That part of the NE 1/4 of the NW 1/4 Section 10, Township 116 North, Range 23
West, Carver County, Minnesota, described as follows: Commencing at the North
1/4 corner Section 10, Township 116 North, Range 23 West, thence southerly along
the North-South 1/4 line of said Section 469.77 feet to the point of beginning,
thence southerly along the North-South 1/4 line 200.26 feet to a point on the South
line of the North 1/2 of the NE 1/4 of the NW 1/4, thence westerly along the South
line of the North 1/2 of the NE 1/4 of the NW 1/4, 518.43 feet to the centerline of
the Excelsior-Shakopee Road, thence northeasterly along the centerline of the
Excelsior-Shakopee Road 207.86 feet, thence easterly and parallel with the South
line of the NE 1/4 of the NW 1/4 452.30 feet to the point of beginning.
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 agreed 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
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,
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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 a 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.
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. 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.
10. 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.
11. 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
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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:
Grantor: City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
Attention: City Manager
Grantees: John C. Tietz and Carrie M. Tietz, Trustees
c/o John C. Tietz and Carrie M. Tietz Living Trust
7011 Galpin 55331
Excelsior, MN 55044
12. 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.
13. Governing Law. This Agreement shall be construed in accordance with the laws
of the State of Minnesota.
14. 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.
15. 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.
16. 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.
17. 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 pages follow.]
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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 __________________________________
Heather Johnston, Interim City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _______ day of
202__, by Elise Ryan and by Heather Johnston, respectively the Mayor
and Interim 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:
JOHN C. TIETZ AND CARRIE M. TIETZ
LIVING TRUST dated March 18, 2016
John C. Tietz, Trustee
Carrie M. Tietz, Trustee
STATE OF MINNESOTA )
ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ______ day of ______________,
2020, by John C. Tietz and Carrie M. Tietz as Trustees of the John C. Tietz and Carrie M.
Tietz Living Trust dated March 18, 2016
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
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EXHIBIT “A”
TO
ACCESS EASEMENT AGREEMENT
A 20.00 foot easement for access purposes over, on, under and across that part of Outlot A, THE
BLUFFS AT LAKE LUCY, according to the recorded plat thereof, Carver County, Minnesota,
the centerline of said easement is described as commencing at the most westerly corner of said
Outlot A; thence on an assumed bearing of South 87 degrees 51 minutes 50 seconds East along
the most westerly south line of said Outlot A, a distance of 53.83 feet to the actual point of
beginning; thence North 05 degrees 49 minutes 56 seconds East, a distance of 9.56 feet to the
southerly right of way line of Della Drive and there terminating;
The side lines of said easement are to be prolonged or shortened to terminate at said most westerly
south line of Outlot A and southerly right of way line of Della Drive
Encroachment Area = 192 sq. ft
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EXHIBIT “B” TO ACCESS EASEMENT AGREEMENT