_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