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_Recorded DocumentsRoger N. Knutson Elliott B. Knetsch Joel J. Jamnik Andrea McDos ell Poehler Soren M. Mattick Darid S. Kendall Henrv A, Schaeffer, III Alina Schrvartz Shana N. Conklin James J. Mong6, tll Jerome M. Porter Leah C.M. Koch Meagan K. Kelley Thomas J. Campbell* Re CAMPBELL KNUTSON December 14,2020 901 Carver Beach Road / Loel and Mary Jane Brown / Beach Road, LLC Lot Line Re-Adjustment Dear Mr. Generous: I am retuming to you for the City's files the original recorded documents regarding the above-referenced matter. The Receipt showing recorded documents numbers assigned to the documents and the date of recording was emailed to you on November 12,2020. Thank you. Very truly yours, CAMPBELL KNUTSON Profess ional Associalion n,L AssistantJe /jmo Enclosures 2l3l55vl PROFESSIONAL' ASSO C I ATI O N Bob Generous City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Gr;:nd 0ak 0llicc Crmcr I St0 Blu( Gcnliin Rtxd Jr.ritc ?9(l Fiagin. !'{irucsota i5 1 2 I .\lrin: 6; I -+;2- iu)o - Fax: tiil-ll+-6117 rr r r'. ck. Iarr'. c< 'm Docurnent Number: T216306 Torrens Certificate: 40257.0 Filed and/or Recorded on Nov 3, 2020 1:56 PM Omce of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, Regbtrar of Titles Deputy CS Pkq ID: 7228075 Document Recording Fees $ 46.m Irocunr,JrtIo,l,t $ 46.m Requesting Party: CAMPBELL KNUTSON PA Pages:5 This co/er pagE h6 been added to this docurnent by Carver county Land Records and is now an official part of this recorded documert CERTIFICATION STATE OF MINNESOTA COUNTY OF CARVER I, Kim Meuwissen, Deputy Clerk of the City of Chanhassen, Minnesota, do hereby certiry that I have compared the foregoing copy of Resolution No. 202048 "Approving a Metes and Bounds Subdivision Mary Jane Brown,90l Carver Beach Road." adopted by the Chanhassen City Council on July 27, 2020 with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 30th day ofJuly, 2020. Clerk ) ) ) ss DATE:JtN 27 2020 RESOLUTION NO: 2020-48 MOTION BY: McDonald SECONDED BY:Tiornhom A RESOLUTION APPROVING A METES AI{D BOT'NDS SUBDIVISION MARY JANE BROWN,9OI CAR\tsR BEACH ROAD WHEREAS, the property is guided for Residential Low Density use; and WHEREAS, the prop€rty is zoned Planned Unit Development - Residential district, PUD-R; and WHEREAS, the proposed metes and bounds subdivision complies with all requiremenls ofthe Chanhassen City Code; and WHEREAS, the proposed metes and bounds suMivision adequately provides for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the city; and WHEREAS, the proposed metes and bounds subdivision is consistent with the Chanhassen Comprehensive Plan and Zoning ordinance. Engineering: 1. The applicant shall update the parcels description to adhere to six (6) foot side and rear yard drainage and utility easements (as applicable) and ten (10) foot tont yard drainage and utility easements on both Parcel A and Parcel B prior to recording ofthe suMivision. 2. The property owner of Parcel B shall enter into an enffoachment agreement for the existing fence within the newly created drainage and utility easemenl prior to recording of the subdivision. 3. The applicant shall enter into a right-of-way easement agreement with the city to obtain a consistent 5O-foot right-of-way corridor along Carver Beach Road prior to recording of the subdivision. 4. Retaining walls shall not be constructed within drainage and utility easements. I CITY OF CHANHASSEN CARYER AND TIENNEPIN COTINTIES, MII\NESOTA WHEREAS, Mary Jane Brown of Beach Road, LLC, has requested approval of a metes and bounds subdivision creating two single-family lots on property in Chanhassen described as: Lot 1, Block l, Chaparral, Carver County, Minnesota and Lot 1303, Carver Beach, Carver County, Minnesota; and NOW, TIIEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves a metes and bounds subdivision consisting of two tracts : Parcels A and B, subj ect to the following conditions : 5. The development fees associated with this subdivision shall be paid prior to recording of the suMivision. Fees are based on rates in effect at the time of recordation; for 2020 they totd $15,600.86, and are enumerated as such: a. Surface Water Development Fee: $9,800.86 b. Park Dedication Fee: $5,800.00 Environmental Resources: L Tree preservation fencing mus be installed at the edge of grading limits prior to any construction activities. 2. The applicant shall submit a corrected inventory and survey that also shows tree protection fencing to be installed around the entire site at the edge ofthe grading limits Parks & Recreation: 1. Park dedication fees in the amount of $5,800 shall be paid prior to recording the subdivision. Water Resources: 1. Retaining walls and fences must be located outside ofthe wetland buffer. 2. The applicant shall adjust the drainage and utility easements to frrlly encompass the delineated wetland on the property. 3. A surface water management fee in the amount of $9,800.86 shall be paid prior to recording the subdivision. 4. The proposed development will trigger Rule C-EPSC, Rule D-Wetland and Creek Buffers, and Rule J-Stormwater Management, for the Riley, Purgatory, Bluff Creek Watershed District and must receive a permit from them. Passed and adopted by the Chanhassen City Council this 276 day July of2020. Da fr4rr^- Johnston, lnt City Manager YES Ryan Campion Coleman McDonald 'ljomhom EtGRyd,M"y* NO ABSENT 2 ATTEST: Docurnent Number: T216:Xr7 Torrens Certificate: 40257.0 Filed and/or Record€d on Nov 3, 2020 1:56 PM Office of the County Remrder/Registrar of Trtles Carver County, Minn€sota Kaaren Lewis, Regbtrar of T'rtles Deputy CS Pkg ID: 7228075 Docurnent Recording Fees $ 46.m Docg/,rr,ntTfrl $ 46.m Requesting Party: CAMPBELT KNUTSON PA Pages:4 This corer page has been ad@ to thb document by Carver county Land Recor* and is mw an ofrchl part of this recorded document (Resemed for Recoding Data) MORTGAGE HOLDER CONSENT TO LOT COMBINATION/SUBDIVISION 2r/ CONSEI{T TO LOT COMBINATION/SUBDMSION, made this -/ dav of fl 2020, is granted by MERCHANTS BANK, NATIONAL ASSOCIATION. For One Dollar and other good and suflicient consideration, in hand received, Merchants Bank which holds a mortgage dated March l, 2019 and recorded March 15, 2019 with the offrces of the Carver County Registrar, Minnesot4 as Document No.T209196, and also holds an Assignment of Leases dated March 1, 2019 and recorded March 15, 2019 with the offices of the Carver County Registrar, Minnesot4 as Document No. T209197, executed by Beach Rd, LLC, a Minnesota Limited Liability Company, on land legally described as follows: lot 1303,l*ti), CARVER-BEACH, according to the recorded plat thererof and Lot I , Block l, CHAPARRAL, according to the recorded plat thereof hereby consents to the lot combination/suMivision of land in Carver County, Minnesota as shown on thl attached certificate of survey for 901 Carver Beach Road, prepared by Premier Land Surveying, LLC dated July 1,2020. This consent is irrevocable and Merchants Bank agrees to coopeiate in the signing and filing of any and all documents which may be necessary for the filing ofthe deeds with respect to this property. MERCHANTS BANK, National Association r!)r.^-\ Pract r ?/-[print name] 2l l567vl By Its r,l;a1 Pa asic(44 [tnle] srATE oF (\; or)eYsl< ) ss. couxrvor t,{inonq. t The foregoing instrument was ledged tr ar 2020,by 'c{r before me the this j'n day A ia- ?rc>icl<,tl of of Merchants Bank,National Association, on DRAFTED BY: Campbell Knutson Profes s iona I As soc ialio n Grand Oak Office Cenler I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 612.452.5000 N @ VODAKJLLIoMNESOTcBLIARYNOT2C213ErPirosComm. 2l l567vl ) Attachment to Consent by Merchants Bank ri!! 'I I irIi ili i,iiir iE.lri lr II i I I i.... !ii'; !r 'Iliis 6r,d ilii iiii lilli, iEl II I II I : firl ri riIt at rl li iiii:ii! llli iiiiItlI Ii lii!l iiiii i I IiI II I III I I III i;l !!ir ti.iliii iir iiiiiiil iiiir. a:r it il!lt tti I II !I!I ! III ! I I I I aI l lfiitil i,iiliiii fitri iliir tiiil @ !t.:tll!i iir i li ri Ga }tath o!t EI'l "l i.l I l- I , \ i tt <' 1( '1 at I II I I / -:1 +- J \ s i a : I: ? eE8; Et d iI t a it 15 ,I I ) I I I I rlitl!llrill lr!l: 21156'7e l _tG. E iir ilir!ll tiiiil[lilrIttt I I I iiit !l ii!l i i q-.\ I Document Number: T216308 Tonens Certificate: 41475.0 Cancelled Certiftate: 40257.0 Filed and/or Recorded on Nov 3, 2020 1:55 PM Office of the County Recorder/Registrar of Trtles Carver County, Minnesota Kaaren Lewis, Registrar of Titles Crystal Campos, Auditor Mary l.€ye Wahl, Treasurer Deputy CS PkglD:7228075 Certificate of Real Estate Value Not Requir€d PIo: Split ftom 25.200q)10 No delinquent taxes Transfer entered Docurnent Recording Fees $ 46.m ResiJue TorrerE Cert $ 40.m Conservatbn Fe€ $ 5.00 Deed Tax $ 1.65 Docl,/,'€,lftToa,t $ 92.65 Requesting Party: CATVIPBELL KNUTSON PA Pages: 6 Thb cover paqE hB be€n added to thb docurnent by Carver County Land Records and is now an omciarl part of this recorded docurnent Oop 3 incn6 tt$rvod for rtcording data) WARRATITY DEED Burlrr.. Entty b lndMdta(.) ecRV rumber n/ a DEEo TrU DUE: S1.65 oATE: Sepbmb€r '1, 2020 FOR VAI-UABLE CONSIDERAIoN, B..ch Rq LIC, a liTitod lir$Iity ompany und€r tlo la*s of Mhn€66 fcrlrb/), h€rBby conveys ald warr&b b l-ool 8. &orn erd ky J.no Brcf,r ('Grdtbo1, as ifit bnanb, ,€al Fop€{ty h Carv€f CoJnty, Mirm€soaa, lGgdly dosqflr€d a6 irlohs: Se€ tuhlbit "A' attachod horBto Tha coosihr€lir fur hb dood b loss Ulan $,mo.m. hgehsr wih all herediEneob ard apFrbnances bslonging tlelBb, suw b 0E bllorying excopliorB: None Chad,ry,&,t/o,,.x: X The Sdl$ cst'fiss trat h6 Sd€r &es nol l(Dw ol any *€lb dr he doscrb€d loal Fop€rty.tr A wsll disdo6uIB c€dificah accofipe.rils t*s doqurEot or tEs b6fl dodonicafiy fil€d. (tl slocfro.ridty tlod, iE€rt WDC number 1...!.)tr I aflr hrdliar wi[r th6 Fop€{ty d6scrtod in hb 'rEfiurlEnt and I cort't trat fle smls and ru,rtor oI wclts m tho &sq$€d roal tropody ha,o not changod sirce $e hd poviously fled rroll disd6rlg cortfi cab. Grantor LGI B. BrDrun, rnarEgor Current taxes on parcel split desdibed within Recorder EC&1019 Kaa .3 Deputy lr4ary JarB , rnanaoer P.O. 'l oa3 B€adl Rd,a Minn€sob limiled liatility compary PaSB 2 of 3 WARRA}ITY DEED Sbb of Minnesob, Cornty of Co-y.,1cr Ihb irEfument was admo,vledg€d b6b.B nE on S.pbmbor I I . AZO, Uy f-oU a. &!un and lary J.ll. 8loxn, .. Igr.96r! ol 86.ch Rd, LLC, a Xinn6sob limibd liability company. JEAII M STECKLII{GfhryHflo.ilhnGry*rGfarht,ra. €rlirBs:3( IHIS II{SIRUMEXT wAS DRAFTEO BY: Ard. V, trlhmont lrlleno t u, tl-c 17{ Ilh SbBt findlr,Il{5S TAX STAIETIENTS Fffi lHE REAL PROPERTY O€SCRIBED IN IHIS INSTRUMET{T Si}OUTO BE SENT TO: Lod a I!.y J]lr Biorrl 790 Sant! Vsn ofts ChlnlE$on, Il{ 5S}17 City Clerk's Certilication Pursuant to |t.5. 272.'162 The undersigned hereby certifes: (Check one of he following:) - That City subdivlsion regulatons do not - apply to $is instrument. X That he subdivision of land aflected by hrs._ instr ment has been approved by he s.'Tlf,I,dgfl.8yg, ct.nt.'.", - llraffiiriiCifal resEictions on he filing and recording of fiis instrument have been waived by a resolution of he goveming body of he City ol Chanhassen- - That hls instrument does not comply wifi municipal subdivision restrictions and he afiected land and its assessed valuation should not be divided bY he County l€,uta oeputy Chanhassen CitY Clefi Printed Name: '&V,"Y Dated Auditor Pag€ 3 of 3 WARRANTY DEEO Exhibit'A' Lol 1 , Block 1 , CHAPARRAL, according to he recorded plat trereol Carver County, Minnesota, EXCEPT hat part described as lollon/s: Commendng at trle Nortrurest comer of said Lot 1; ftence Soufi 88 degrees 31 minutes 20 seconds East, assumed bearing along the Nortl line of said Lot 1, 153.00 feet to he point of beginning; hence continuing Soutr 88 degrees 3'l minutes 20 semnds East, along said Norh line 87.00 feet b h6 Norheast comer of said Lot 1; hence Souh 01 degree 19 minutes 45 seconds East, 89.37 feet, along he easterly line o, said Lot 1, to an easterly comer of said Lot 'l; $ence Souh 20 degrees 54 minutes 07 seconds West 78.98 feet; hence Nortr 72 degrees 00 minutes 00 seconds West 41.00 feeq hence Norfi 54 degrees 45 minutes 00 seconds West 40.00 feet; fience North 1 1 degrees 45 minutes 00 seconds East 65.00 teet fience Norh 01 degree 28 minutes 40 seconds East 66.00 leet to he point of beginning. Document Number: T2153(x) Tonens Certificate: 41476.0 Cancelled Certificate: 40257.0 Filed and/or Recorded on Nov 3, 2020 1:56 PM Office of the County Recorder/Regisbar of Trtles Crrver County, Minnesota lGaren Lewis, Registrar of l-itles Crystal Campo6, Arrditor Mary Kaye Wahl, Treasurer Deputy cs Pkg ID: 722807s Certiflcate of Real Estate Value Not Requlred PID: BalarEe of 25.2000010 & All of 25.1601130 No delinquent tares TransEr entered Document RecordirE Fees $ 46.m Conservation Fee t 5.00 Deed Tax $ r.65 Document Tot t $ s2.5s Requesting Party: CAMPBELL KNUTSON PA Pag€s: 5 Thb cover page has been added to this document by Carver County Land Records and is now an official part of th6 recorded document (Iop 3 indtla rrae ad br llcording dat!) UYARRAIITY OEEO Busln€$ Entlty to lndMdual(!) n/aeCRV numben oEED TAX DUE: $1.65 DATE: Septemb€r 1, 2020 FOR VAtUABLf CONSIoERAnO , Bech R4 LJ-C, I liritod liebf y cotpany und€r tE laE of Uir6& ('Gr.nb/), hol€by coflwys ard wardts b Loal 8. &ilr rld llry Jlrr Brotrrr [G.rtb.'), as ilnt bnsrb, I€al gopeily in Carv€r Coonly, Milr€sob, legelly &sarDod 6luloxs: &6 Erhibit "A" atbched hsrsto Ths dEireratbn tur 0*r d6€d b loss EEn t3,000.00. Chec(hefi il Nt dn,o desn),ttxd td prryettyb R€gA(o/rd ffdr€rls,) d hg€her wih all her€dibrnenb and appurbnancss boknging tuIeh, subjecl h 0re frrlorirE Bxc8plions: None c/7€{*8{flf(agf*'f,x: X Tho Sdlor c€rtfics hat 0lo Sdl€r do€s rbl loou d any wdls m tlo dos.rt €d r€al Fopcdy.tr A *olldisdoeum cedific& acconp€.ri6s t*t doqrrs ah6 beql docronicafly ned. (lf dectoniru n6d, insort WDC numb€t: 1...1.)n I am Emiiar wfi tt€ pfop€rty d€sc0€d h hb irEttrrprt ard I csrtry trat Uo stat s drd nurter ol wols m ths d€6.rb€d rBal prop€rty harro rbl daE6d *lc fE hst pl3virjdy ff€d $dl didcur8 corlificab. Granbr Beadr Rd, LLC, a Mim€sob limited liaulity co.npany By: B. Brown, managor Orrent taxes on percel split desoibed County Recorder EC&1019 within Deputy lrary JarE rnanager Pr0e I ol3 PAe2of3 WARRAI{TY DEED Sbte of Minnesob, County of Ca,rv<r Ihis irEtumont was achorrloQpd boture rE m S.&m!.r I | . 202!, by Lool B. Brcm ard Lry Jgl3 Brfln, ,3 IaragD,! of 8o.dr Rd, LIC, a llnrsot llmlbd lbullty co.npary. JEAII M Nobty R.Nrfns6 oxpirBs:li*$i,b tt. &a 1HIS INSIRUI,IENT WAS ORAFTED BY: Angola V. l,rll€mont lrllmonl Lau, Ll.c l74lah $nd ttnota II 5508 TA( STAIEI'ENTS FOR IHE REAL PR@ERTY DESCRIBED IN IHIS ITTSIRUMENT S}OUID BE SENT TO: Loal & Iary Jlra Sioun 790 $nt Von oritr Ch!nh.r.n, I[ 55:117 That City subdivision regulations do not -- apply to tris insmment tl That he subdivision of land affected by his --a- .fi,;;inas ueen approved uY te i:::;*x,g*m.,";l:1l:ill; - ; roil of his insrument have oeen *.i,eo l'vi 't'oruton of he goveming body ot tire CitY of Chanhassen That his inshment does rlot comply'wiut - ffi;il s-u-iivision restrrctions and he ,i*t} rano anO is assessed valuation Ino,io not o" oinloto bY he countY Dated: L Printed City Cldl0eputyChanhassen v\e (o following: onrtificatice'sClerkcity 621272.S.M.toPursuant certmes:herebYundersignedThe theofoneCheck t9,?)2o Pags 3 of 3 WARRANTY DEEO Exhibit "A" That parl of Lot 1, Block 1, CHAPARRAL, according to the recorded plat thereof, Carver County, Minnesola, described as follows: Commencing at the Northwest corner of said Lot 1l thence South 88 degrees 31 minutes 20 seconds East, assumed bearing along the North line of said Lot '1, 153-00 feet to the point of beginning; thence continuing South 88 degrees 31 minutes 20 seconds East, along said North line 87.00 feet to the Nodheast corner of said Lot 1; thence South 01 degree 19 minutes 45 seconds Easl 89.37 feet, along the easterly line of said Lot 1, to an easterly comer of said Lot 1; thence South 20 degrees 54 minutes 07 seconds West 78.98 feet; thence North 72 degrees 00 minutes 00 seconds West 41.00 feet; thence North 54 degrees 45 minutes 00 seconds West 40.00 feet; thence North 11 degrees 45 minules 00 seconds East 65.00 feet; thence North 01 degree 28 minutes 40 seconds East 66.00 feet to the point of beginning. And also all of Lot 1303, CARVER BEACH, according to the recorded plat thereof, Carver County, Minnesota. Docurnent Number: T216310 Torrens Certificate: Listed Below Filed and/or Recorded on Nov 3, 2020 1:56 PM Office of the County Recorder/Registrar of nths Carver County, Minnesota Kaaren Lewis, Registrar of fitles Deputy cs Pkg ID; 7228075 Docurnent Recording Fees i 46.m Additional Ton€ns Cert $ 20.00 Docume fot,,l $ 66.00 Requesting Party: CAMPBELL KNUTSON PA Pag6: 6 Current Torrens Certifi cates: 4t475.O 4t476.0 This cover pag€ ha6 been added to this document by carver Counry Land Records and is now an official part of this recorded document GRANT OF PERMANENT EASEMENT FORROAD, DRAINAGE AND UTILITY PURPOSES LOEL B. BRowN and MARY JAhrE BRowN, husband and wife, hereinafter referred to as "Grantors", in consideration ofOne Dollar ($1.00) and other good and valuable consideration, the rcceipt and sufEciency ofwhich is hercby acknowtedged, does hereby grant unto the cITy oF CHANHASSEN, a Minnesota municipal corporation, the crantee, hereinafter referred ro as the "city', its successors and assigns, forever, a pennanent easement for public road right-of-way, drainage and utility purI'ses over, across, on, under, and through land situated within the County of carver, state of Minnesota as described on rhe a(ached Exhibir "A,' and depicted on Exhibit ..B,' ('the Easement Premises'). INCLUDING the rights ofthe city, its conhactors, agents, servants, and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruc! inspect, repair, ard mainlain mid public road right-otway, drainage and utility systems over, across, on, under, and through &e Easement Premises, togedrcr with the right to grade, level, fill, drain, pave, and excavate the Easement Prcmises, and the further right to rcmove trees, bushes. undergrowth, and other obstructions interfering with the location, construction, and maintenance ofsaid road right-of-way, drainage and utility systems. Tlre above named Grantorq for themselves, their heirs and assigns do covenanl with ttp City, its successors and assigns, that they are well seized in fee title of tlre above-described Easement hemises; that they have the sole right to grant and convey the easement to the city; that rhere are no 2ll3l2\2 I unrecordd intercsts in the Easement Premises; and that they will indemnifu and hold the ciry harmless for any breach of the forcgoing covenants. IN TEsrIMottY WIIEREOF, the crantors hercro have signed this easement ttris llm day of 3C<wrbcrr2Ozo. GRANTORS: tB.rown Jane STATE OF MINNESOTA COUNTYOC4TY</ ) )ss ) The foregoing Grantors DRAFTED BY: CAMPBELL KNI,.TsoN, Prolcssional Associe on Grand Oak O{Iice Center I 860 Blue Centian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651 ) 452-5000 AMP instrument was acknowledged before me this llfr aay of 2020, by l.oel B. Brown and Mrry Jenc Brown, husband and wife, er'../\ Public 2 STECKLII{G ibEry PliS+lItE o qffitFStl,Ea JEAII M 2l lll212 Easement for Drainaee and Utility: A pemanent drainage and utility easement over, across, on, undcr, and tluough a strip ofland 6.00 feet in width, the easterly line ofwhich is conriguous with the westerly line ofsaid parcel B. And also a saip ofland 6.00 feet in width, the northeasterly line of which is contiguous with the southwesterly line of said Parcel B. And also a strip of land 6.00 feet in width, the northwesterly line of which is contiguous wirh the southeasterly line of said Parcel B, except that part lying northerly ofa line drawn parallel wirh and distail 6.00 feet southerly ofthe South line ofLot I303, cARVER BEACH, according to the rccorded plat thereof, in said County. And also that pan of said Lot l, Block l, CHAPARRAL, described as follows: commencing at the Northwest comer ofsaid Lot l, thence South 0l degree 27 minutes 46 seconds west, assumed bearing along the west line of said Lor I, I 16.73 feet to the point of beginning; thence continuing South 0l degree 27 minutes 46 seconds west, along said west line, 29.53 feir to the northerly line of the existing drainage and utility easement as shown on said plat; thence South 86 degrees 0l minutes 20 seconds Easr, along said nonherly line,47.7l feet; thence North 55 degrees 00 minutes 00 scconds Wesr, 57.25 feet to the point ofbeginning. ItorrensJ [Address: 921 Carver Beach Road, Chanhassen, MN 55317] to GRANT OF PERMAMNT EASEMENT Easement for Drainase and Utilitv: A permanent drainage and utility ea:tement over, ,rcrcss, on, under, and through the easterly and southerly 6.00 feet of said Lot 1303, CARVER BEACH. And also the southeasedy 6.00 feet of said Parcel B. And also the southwesterly 6.00 feer of said Parcel B. And also the westetly 6.00 feet ofsaid Parcel B. Easement for Road and Drainaee and Utiliw: A permanent road right-of-way, drainage and utility easement over, across. or1 under, and though the nonherly 10.00 fe€t of Lot 1303, CARVER BEACH, according to t}re recorded plat thereo{ Carver County, Minnesota. [torrens] [Address: 901 Carver Beach Road, Chanhassen, MN 553 l7] 3 2l I I l2r2 l"/' tl- r-! {3 { i I i'l l. I Il l., I i lt -t II I --J a ! I Ir t' 1l .t It i F rt ll t za tlO td z taz 24 !.1 h z I o : Xri !i ! o{<lOtq i+/ ..t ,'ht l,t toq ui I t' 1!t l lii t0 *l urr al<loE h ! -l:*a:,p -, I il t :" , r6 a i z s a \ o =o 0. I I !t ai :l iI I .*,- 3'il l.I E rl :L ,il l,ii t% { r- I 1 .,!,. t -g' .ti . tlloSoI olltt,oq.oq o. ol t I o, ,o ,xr7 r st.l !' I I It_----- -16 e I 1 I ,i I/ I ,7 ':r .l',l i sa IIocI:l{to t!6os(JN<t o o: ! o!I lu: o I I ,,\ ,...t I lrcr lq $ii .t- t--',rl; rl I I I tLi a, EXHIBIT "B" to GRANT OF PERMANENT EASEMENT MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT MERCHANTS BANK NATIONAL ASSOCIATION, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated March 1, 2019 and recorded March 15, 2019 with the offices of the Carver County Registrar, Minnesota, as Document No. T209196, and also holds an Assignment of Leases dated March 1,2019 and recorded March 15,2019 with the offices ofthe Carver County Registrar, It4innesota. as Document No. T209197, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing Grant of Permanent Easement. Dated this 2' aay or ?r O(Cnbr.zozo. --t---MERCHANTS BAllK, National Association By D.,l;d P,.c-fi e [print namel ltitlelIts'rqla a + STATE OF ft), nnc*k^ t ) )ss. instrument was acknowledged 2020, by CLr-\ Piert?tef before me the this 9'' day of J).. ?te>;rl.* of erchants Bank, National Association, on N THIS INSTRUMENTWAS DRAFTED BY: CALfBELL I(NUTSoN P mfe s s i o n a I A ss o c i ati on Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (65 l) 452-5000 AMP f ty Pu lc 5 MOLLI J. VODAK NOTAFY PUBUC MINNESOTA My Comm. Expirss Jan.3t, 2024 2l13l2v2 COLINTYOF L,{insn.. ) The foregoing @ Docurnent Number: T216311 Torrens Certiftate: 41476.0 Filed and/or Recorded on Nov 3, 2020 l:56 PM Ofrce of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, Regtstrar of Tltles Deputy CS Pkg ID: 7228075 Docurnent Recordlng Fe€s 146.m Do(,,,/''€naTfr, 146.00 Requesting Party: CAMPBELL KNUTSON PA Pages:7 Th[s cot er page has been added b thb document by Carver County Land Reco]ds aJd b now an ofrcial part of this recorded document (resened for rec o rd i nP i n formo I i on ) ENCROACHMENT AGREEMENT AGREEMENT made this J!-1a, o1 *flle""J{--2u0, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and LOEL B. BROWI\I l. BACKGROUIYD. Browns are the fee owners of certain real property located in the City ofChanhassen, County of Carver, State of Minnesota, legally described as follows: That part of Lot I, Block l, CAn'AIUtJa I , according to the recorded plat thereof, Cawer County, Minnesota, described as follows: Commencing at the Northwest comer of said Lot l; thence South E8 degrees 3l miDutes 20 seconds East, assumed bearing along the Nofih line of said Lot l, 153.00 feet to the point of beginning; thence continuing South E8 degrees 3l minutes 20 seconds East, along said North line 87.00 feet to the Northeast corner of said Lot l; thence South 0l degree 19 minurcs 45 seconds East, alotrg the easterly line of said Lot l, to an easterly comer of said Lot 1; thence South 20 degrees 54 minutes 07 seconds West 78.98 feet; thence North 72 degrees 00 minutes 00 seconds West 41.00 fee! thence North 54 degrees 45 minutes 00 seconds West 40.00 feet; thence North I I degrees 45 minutes 00 seconds East 65.00 feet; thence North 01 degree 28 minutes 40 seconds East 66.00 feet to the point of beeinning. And also all oflot 1303, CARVER BEACH, according to the recorded plat thereof, Carver County, Minnesota. (loftens properry) 2ll209v2 and MARY JANE BROWN, husband and wife ("Browns" or "Owners"). 1 having a street address of 901 Carver Beach Roa4 Chanhasser, Miosesota 55317 ('Subject Ploperfy). The City owns easemens for drainage aod utility purposes ('Easement Areas") over portions of the Subject Property. Browns bave already placed a fence on the Subject Property which encroaches in the City's drainage and utility Easement Areas and Browns &sire to keep the fence were it is already installed on the Subject Property as dcpicted on the attached Exhibit 'A". 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas on the Subject Property for the feace conditioned upon removable fence panels in areas where the fence encroaches on odsting utilities and/or installation of gates having a clear span the widrh of the easement for City access to its Essemetrt Areas. Further conditions of encroachment approval are as follows: o The fence must allow water to pass under it so as not to iryede overland water flow during rain events. o The fence must rEmain 8 minimrrm distance of five (5) feet from all drsinage and utility stuctutes.o The fence posts sheU [s plac€d ep lhe Subject Property but not attached to neighboring fences and must not cross the property lines. o Owners must maintain the felce located on the Subject hoperty. o Owners are fully responsible and liable for any and all damage caused to the fence because of it being constnrcted in the City's Easemeot Areas. Further, Owners agree that the fence was constucted consist€nt with all applicsble federal, state and local laws and regulations. 3. HOLD HARMLESS AI{D INDEMNITY. [n considetation of being allowed to encroach in the City's Easernent Areas, Owners, for themselves, thei heirs and assips, hereby agee to indemniry and hold the City harmless from any d"mege caused to the Subject Property, including the fence and removal offence panels and/or gates in the City's Easement Areas, caused in whole or in part by the encroachment into the City's Easem€nt Arcas. 22r209v2 4. TERMINATION OF AGREEMEI{T. The City may terminate this Agreement at any time if it is reasonably nec€ssary for the City to occrrpy the Easement Areas for &ainage m utility purpoces and the fencc is inconsistenr with the City' s use of the easement. Prior to termination, the City will give the then owners of the Subj€ct Property thirty (30) days advance written notice, except tbat no notice period will be rcquired in the case ofan emergency condition as determind solely by the City and this Agr€€osnt may then be te,rminated immediately. The prrcp€rty owners shall remove that portion of the fence to tbe €xteot it iryacts the Easement Areas to the efrective date ofthe termination ofrhis Agr€€rment Ifthe owners fail to do so, the City may rcmove the fence to the ext€nt it impscts the Easerneot Areas aod charge tbe cost ofremoval back to the owners fq reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. lRanain&r of page intentiotully lefi blanh Signonre pges follow.l 3211209\2 CITY: CITY OFCHANHASSEN By Ryan,Mavor )ss. ) imtsumeot was acknowledged before me this STATEOFMINNESOTA ) COUNTY OF CARVER The (sEAL) City Manager l5tt\day of 2020, W Elise Ryan and by Heather Johnston, respectively the Mayor and City Manager of the City of Chenhassen, a Minnesota mmicipal corporation, on behalfofthe corporation and pursuant to the granted by its City Council.-l- lic KIM T, MEUWISSEN Notary Frublic-Mlrm€ota fry Carna-n Ept- J- 3l , Z{2s 4211209v2 *-; fl,4a 0 PROPERTY OWNERS: Loel B. *L<- Mary Jane STATEOFMINNESOTA ) g6g11-1Y 6PC+ zweT )ss. ) The foregoing instrumeot was acknowledged before me ttis llll. aay of 2020,by Loel B. Browu and Mrry Jane Brown, husband and wife. Public DRAFTED BY: CAiDBELL KrtrsoN, @anionllw<Moa Gmod Oat Omce C{oter I t60 Blue Ge im Rosd Suite 290 E gao, Mim€sots 55121 Tel@hme: (65 l) 452-5000 AMP 5 JEAII M SIECIGIT{G NfiryFttb{ffneaqhEtEFStl.Da 2l l209v2 EXHIBTT *A" 3€t El ,a ,rEf S6FVrc6S PER AS'UI.|, PTOJ "O'a+a CARVER BEACH R OADaII I 10.d) fl 01.1915. E LX { ^"f's 8e.3'\ r53.oo xbrunury EASENENI '- -\"t. - \ Yrr.a{ 4.. L I i I a ! ..+ x r$' PROPOSED HOUSE la t '..'o} ; ."t"It )I',q nt Lr2' r.aat -o / ,.o' / '/,c \- \',/ 7 :.a"t.* 6 .,;,1.. Errsrrrc HOUSE (nr) a.t x ,t.ao i o t-o -l ctr \€' I ttE:! El --{---F .ri IIIr It ir'l aad' ss t a a I I -_l M,N l I :. a i Iol a a 3 I H\ -1-r a' t .Ltt\ Fence .dF DECI< I b I .dF ) I6 I t- I/r\\r.\ r. ,.t- I It 2l\2@v2 ;i-"toa i- - w 1 I I <; ii I Fence