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