Loading...
EasementDocument Number: A730776 Filed and/or Recorded on Aug 13, 2021 9:39 AM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy CS Pkg ID: 7343594 Document Recording Fees $ 46.00 Document Total $ 46.00 Requesting Party: CUSTOM HOME BUILDERS TITLE, LLC Pages: 7 This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document PERMANENT PUBLIC STREET EASEMENT THIS PERENT PUBLIC STREET EASEMENT AGREEMENT ("Agreement") made this i �-{� day of J 2021, by and between CITY OF CHANHASSEN, a Minnesota municipal corporation, here6after referred to as "Grantee" or "City, and CHERYL J. PAULLIN and DOROTHY J. COFFEY, married to each other, collectively "Grantors", of Carver County, State of Minnesota. GRANT OF EASEMENT In and for consideration of One Dollar ($ 1.00 and other good and valuable consideration Grantors do hereby grant and convey unto the Grantee the right, privilege, authority and, unless designated otherwise herein, a permanent easement to freely use the easement premises hereinafter described for public street, drainage and utilities and other appurtenant uses thereof (collectively, the "Uses"), over, under, in, upon and/or across the Easement Premises (as defined below) that lies within the following described real property located in Carver County, Minnesota, to -wit: DESCRIPTION OF GRANTOR'S AFFECTED PARCEL OF PROPERTY: Lot 3, Block 1 of Lenvilla Estates, Carver County, Minnesota ("Prot)a "). DESCRIPTION OF PERMANENT EASEMENT OR EASEMENTS GRANTED HEREIN IS AS FOLLOWS: NOTE: The easement or easements granted herein as hereinafter described apply to all or that part of said easement which lies within the above -described parcel. The Easterly 26 feet of the South 16.5 feet of Lot 3, Block 1, Lenvilla Estates, Carver County, Minnesota ("Easement Premises"). GRANTORS DO ALSO HEREBY GRANT AND CONVEY unto said City, its contractors, agents, employees, and assigns, the right, privilege and authority on, in and under the Easement Premises described above (i) to freely enter upon said Easement Premises at any and all times with all machinery, tools, equipment, vehicles and materials necessary for the purposes above set forth; (ii) to use and remove all earth and other materials lying within the Easement Premises described herein; (iii) to construct a public roadway to the design of the Grantee's choosing; and (iv) to construct any and all utility and drainage facilities within the Easement Premises (said subclauses (i) — (iv), together with the Uses, the Utility Work and the Restoration Work, are collectively, the "Proiect"). Grantors further agree not to place any structure upon or near the said Easement Premises that will do anything which will tend to interfere with the operation or maintenance of said easement grant without first securing the written Custom Home Builders Title, LLC 10850 old County Road 15, #100 / Plymouths, MN 55441 approval of the said Grantee. Grantors retain the right to the undisturbed use and occupancy of the Easement Premises insofar as such use and occupancy is consistent with and does not impair any grant contained herein and except as otherwise provided herein. Grantors shall not construct or place any improvements within the Easement Premises without written consent from the City. All labor and work on the Project shall be performed at the City's sole cost and expense, shall be done and performed in a lien -free and good and workmanlike manner, and shall be in strict conformance with the approved plans and specifications and timetables for the Project on file with the City. Subject to and upon completion of the Project improvements that are permitted to be placed within the Easement Premises, the City agrees to promptly restore the Easement Premises and Property to its condition existing prior to the commencement of the Project work, including, but not limited to, seeding, landscaping and supporting the Easement Premises, restoring proper support for the remaining Property, and ensuring that run-off from the Project does not increase the flow onto the remaining Property outside of the Easement Premises beyond the existing flow, all in a lien -free and good and workmanlike manner (collectively, the "Restoration Work"). The City shall perform, at its sole cost and expense, all construction, maintenance, repair and replacement of the Project and the Easement Premises. The City shall perform, at its sole cost and expense and in its sole discretion, all snow and ice removal, sanding, salting and mowing within the Easement Premises. In the event that utilities need to be located, removed, relocated and/or installed in connection with the Project (collectively, the "Utility Work"), then the City, at its sole cost and expense, shall be responsible for the payment and performance of the Utility Work. The City agrees that in no event shall any assessments, special or otherwise, be assessed against the Property with respect to the Project, and that Grantors and the Property shall not be responsible for payment of any assessments, special or otherwise, or other costs or expenses related to the Project. The City shall maintain its standard insurance through the League of Minnesota Cities Insurance Trust and shall cause its contractor's and others that it authorizes to construct improvements within the Easement Premises to maintain liability insurance in force as required in the contract documents for the Project. Upon any platting of all or any part of the Property that includes the dedication of all or any portion of the Easement Premises as a public street, the easements granted under this Agreement shall automatically terminate as to that portion of the Easement Premises so dedicated as a public street, including any portions of the Easement Premises that may not be covered by the dedicated street as a result of any discrepancies between the legal description of the Easement Premises and the legal description of the dedicated street, so long as the applicable public improvements and utilities are within the street as dedicated on such plat or plats. As a condition of this grant of easement, the City shall indemnify, defend and hold Grantors, and Grantors' successors and assigns, harmless from and against all loss, damages, claims, liens or demands, including any actions or proceedings brought thereon, and all costs, expenses and liabilities of any kind relating thereto, including reasonable attorneys' fees and cost of suit, arising out of or resulting from any activity performed by the City, its employees, agents, contractors or others that the City authorizes to construct improvements as part of the Project, or anyone claiming by, through or under the City, with respect to the Project, the Easement Premises and/or the other rights granted to the City herein, including, without limitation, damage to the Property located outside of the Easement Premises. However, the City shall not indemnify the Grantors to the extent the loss is caused by or contributed to intentional malfeasance or negligence of the Grantors, their heirs, successors, assigns, invitees, or agents. Nothing herein shall be deemed a waiver of the limitations on liability set forth in Minnesota Statutes Chapter 466. TO HAVE AND TO HOLD said easement unto said Grantee, its successors and assigns, as described above. The above named Grantors, for themselves, their heirs, successors and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above - described Easement Premises; that they have the sole right to grant and convey the easement to the City, subject to the consent of the mortgagee attached hereto, and subject to all easements, restrictions, covenants and encumbrances of record and to previously existing utilities located within the Easement Premises; that, to Grantors' knowledge, there are no unrecorded interests in the Easement Premises; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. The City represents and warrants that all appropriate municipal approvals have been obtained in order for the City to enter into this Agreement and be bound by the terms and provisions hereof. The terms and provisions of this Agreement and all easements granted hereunder shall constitute covenants running with the land and shall bind the real estate described herein and inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. This Agreement may be executed in several counterparts, each of which shall be deemed an original. The signatures to this Agreement may be executed and notarized on separate pages, and when attached to this Agreement shall constitute one complete document. IN TESTIMONY WHEREOF, the Grantors and Grantee hereto have signed this Agreement the day and year first above written. [The remainder of the page is intentionally left blank. Signature pages to follow.] CITY: CITY OF CHANHASSEN By: Elise Ryan, May By: GaAA" I 4 a Vjf'-N Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2021, by Elise Ryan and Laurie Hokkanen, respectively, the Mayor and City Manager, 4of6ty of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 0 Public EXEMPT FROM STATE DEED TAX STATE OF MINNESOTA) COUNTY OFbLp SS. JEAN M STECKM NOW PubNo-MhW to Wr 0W&* m §0W JW 11' 2W The foregoing instrument was acknowledged before me this day of �.l �i , 2021, by Cheryl J. Paullin and Dorothy J. Coffey, married to each other. l 1, -------------------------------------- No blic ANTHM WM.SON WOLF NOTAW PUBLIC-MNONE" My CWO*W n EON Jan. 31. 2M6 ---- a I This Instrument Was Drafted By and After Recording Return To: Fabyanske, Westra, Hart & Thomson, P.A. 333 South Seventh Street, Suite 2600 Minneapolis, MN 55402 612-359-7600 Consent of Lien Holder Wells Fargo Bank, N.A. ("Lien Holder"), is the current holder of a Mortgage dated July 13, 2020 as recorded in Instrument No. A701168 Book/Page NA, Wells Fargo Bank, N.A., hereby consents to the grant of the foregoing PERMANENT PUBLIC STREET EASEMENT with the City of Chanhassen and signed by CHERYL J. PAULLIN and joins in the execution hereof solely as Lien Holder and hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non judicial proceedings, the same shall be sold and the same is hereby deemed to be sold subject to said Easement. The Legal description of the easement is as follows: The Easterly 26 feet of the South 16.5 feet of Lot 3, Block I, Lenvilla Estates, Carver County, Minnesota. SIGNED AND EXECUTED this 21 st day of July, 2021 Wells Fargo Bank, N.A. By: A� c( Name: Kandas Dawn Burnett Title: Vice President Company: Wells Fargo Bank, N.A. Date: 7/21 /2021 State of North Carolina County of Wake I, Tracy -Ann K Jayne, a Notary Public of Johnston County and State of North Carolina, do hereby certify that Kandas Dawn Burnett personally came before me this July 21,2021 and acknowledged that he/she is the Vice President, of Wells Fargo Bank, NA., a national banking association, and that he/she, as Vice President ,being authorized to do so, executed the foregoing on behalf of Wells Fargo Bank, N.A., Witness my hand and official seal, this 211 day of July, 2021 (S Si atu;e of�ce6�� noar Notary's Tracy K Jayne Notary Public, State of North Carolina My commission expires:08/19/2024 Tracy -Ann K Jayne NOTARY PUBLIC Johnston County, NC