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Documents for Recording to Executive Title CITY OF CHANHASSEN LETTER OF TRANSMITTAL ENGINEERING DEPARTMENT 7700 Market Boulevard DATE JOB NO. P.O. Box 147 7/16/21 PC 2021-09 CHANHASSEN, MN 55317 ATTENTION (952) 227-1100 FAX (952) 227-1170 Eric Whiteis RE: Poitevent - 2300 Melody Hill Rd TO: Eric Whiteis Executive Title, 701 Xerxes Avenue South, Suite 260, Golden Valley, MN 55416 WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 7/16/21 Warranty Deed Parcel A 1 7/16/21 Warranty Deed Parcel B 1 5/10/21 Certified Resolution #2021-21 1 7/16/21 EA Parcel A 1 7/16/21 EA Parcel B 1 7/16/21 Survey 1 7/16/21 Grant of permanent easement parcel A 1 7/16/21 Grant of permanent easement parcel B THESE ARE TRANSMITTED as checked below: ❑ For approval ® Approved as submitted ❑ Resubmit copies for approval ® For your use El Approved as noted ❑ Submit copies for distribution ® As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: SIGNED: If enclosures are not as noted,kindly notify us at once. CERTIFICATION STATE OF MINNESOTA ) ss COUNTY OF CARVER ) I, Kim Meuwissen, Deputy Clerk of the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No. 2021-21 "Approving a Metes and Bounds Subdivision Judith & Paul Poitevent,2300 Melody Hill Road." adopted by the Chanhassen City Council on May 10, 2021 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 11th day of May, 2021. Kim uwissen, DepttyClerk CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 10,2021 RESOLUTION NO: 2021-21 MOTION BY: Schubert SECONDED BY: Campion A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION JUDITH& PAUL POITEVENT,2300 MELODY HILL ROAD WHEREAS,Judith and Paul Poitevent have requested approval of a metes and bounds subdivision creating two single-family lots on property in Chanhassen described as: All that part of Lot"D" Bardwell Acres Lake Minnetonka, Carver County,Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot"D";thence Northwesterly 90 feet along the Northerly line of said Lot"D";thence Southwesterly 337 feet to a point on the Northerly right-of-way line of Bardwell Road distance 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot"D"; thence 308.6 feet Northeasterly to the point of beginning; and WHEREAS,the property is guided for Residential Low Density use; and WHEREAS, the property is zoned Single-Family Residential district, RSF; and WHEREAS,the proposed metes and bounds subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS,the proposed metes and bounds subdivision 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. NOW,THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves a metes and bounds subdivision consisting of two tracts,Parcels A and B, subject to the following conditions of approval: Building: 1. A building permit must be obtained before beginning any construction. 2. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 1 3. Retaining walls(if present)more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. 4. Each lot must be provided with a separate sewer and water service. Engineering: 1. The applicant shall record typical drainage and utility easements around the perimeters of each parcel. 2. The applicant shall enter into an encroachment agreement for the existing fence and retaining wall on Parcel B and the existing retaining wall on Parcel A within the newly created drainage and utility easement prior to, or concurrently with,the recording of the subdivision. 3. Retaining walls shall not be constructed within drainage and utility easements. 4. Prior to connecting to the existing service laterals,the applicant's contractor shall verify their serviceability. For sanitary sewer, this shall be accomplished via CCTV which will be provided to the city for review prior to connection. 5. The development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation and for 2021 they total $13,173.94, and are enumerated as such: a. Partial Hookup Fees: a Water Hook-Up fee of$2,476.00 and a Sewer Hook-Up fee of $691.00 b. Surface Water Development Fee: $4,206.94 c. Park Dedication Fee: $5,800.00 Environmental Resources: 1. Tree preservation fencing must be installed at the dripline or the furthest point possible from the trunk around trees#391 and#397. 2. If trees#391 or#397 are damaged or removed due to construction, they must be each be replaced with a 2.5" overstory shade tree. Parks & Recreation: 1. Park Dedication fees in the amount of$5,800 shall be paid prior to recording the subdivision. Planning: 1. The existing patio on Parcel B shall be removed. The applicant may provide a security in the amount of 110 percent (110%) of the cost for its removal. If a building permit for a house on Parcel B is applied for within 12 months of the approval of the subdivision, then the security shall be returned. 2 Water Resources: 1. The applicant shall obtain all necessary permits from the Minnehaha Creek Watershed District, or show written proof that no permit is necessary from the District. 2. The Surface Water Development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation and for 2021,the Surface Water Development fee totals $4,206.94. And adoption of the Findings of Fact and Decision. Passed and adopted by the Chanhassen City Council this 10th day May of 2021. ATTEST: WtitatakOtaliAWN L—'./tAM‘ Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT Ryan McDonald Campion Rehm Schubert 3 (Top 3 inches reserved for recording data) WARRANTY DEED Minnesota Uniform Conveyancing Blanks Individual(s)to Individual(s) Form 10.1.1 (2016) eCRV number: DEED TAX DUE: $1.65 DATE: 5%0 !1,Zt' 1 (month/day/year) FOR VALUABLE CONSIDERATION, Paul J. Poitevent and Judith A. Poitevent, married to each other (insert name and marital status of each Grantor) ("Grantor), hereby conveys and warrants to Paul J.Poitevent and Judith A. Poitevent (insert name of each Grantee) ("Grantee"),as 0 tenants in common, (if more than one Grantee is named above and either no box is checked or both boxes are checked, (Check only one box.) 54 joint tenants, this conveyance is made to the named Grantees as tenants in common.) real property in Carver County,Minnesota, legally described as follows: That part of Lot"D"Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the northeast corner of said Lot"D";thence northwesterly 90 feet along the northerly line of said Lot"D';thence southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet southeasterly from the easterly right-of-way line of Chaska Road, as measured along the northerly right-of-way line of Bardwell Road;thence southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot"D";thence 308.6 feet northeasterly to the point of beginning, lying Southeasterly of the following described line: Commencing at a point on the northerly line of said Lot"D", distant 350.3 feet West of the northeast corner of said Lot"D";thence northwesterly along the northerly line of said Lot "D", a distance of 57.04 feet, to the beginning of the line to be described;thence southwesterly,deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet,to the Northerly right-of-way of Bardwell Road, and said line there terminating. Check here if all or part of the described real property is Registered(Torrens)❑ together with all hereditaments and appurtenances belonging thereto,subject to the following exceptions: Covenants,conditions, restrictions and easements of record, if any. The total consideration for this transaction is less than $3,000.00. Page 1 of 2 City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not apply to this instrument. _l____ That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and - recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated: )14 2-'01 By Deputy Chanhassen City Clerk Printed Name s' Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.1.1 Ch applicable box: Grantor The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has (signature)Paul J.F' vent been electronically filed.(If electronically filed,insert WDC C % number: ..) 0 I am familiar with the property described in this instrument and I (sync e)J ith A. Poitevent certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. State of Minnesota,County of Pawner K t3,*0QP1?"1 This instrument was acknowledged before me on S ' /1"i Zbu ,by Paul J.Poitevent and Judith A. Poitevent, (month/day/year) married to each other (insert name and marital status of each Grantor) bd 4 ,._ CI IS. 7:4 PH.ER L.GORGE • (signature of notaria !� C..' s No 15ry Public `-(e Minnesota Title(and Ca • m c'..i F piles an.31,2022 • • My commission expires: (montt✓day/year) THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS (insert name and address) INSTRUMENT SHOULD BE SENT TO: (insert legal name and residential or business address of Grantee) Attorneys Title Group, LLC Paul J. Poitevent and Judith A. Poitevent 1054 Centerville Circle 2300 Melody Hills Road Vadnais Heights, MN 55127 Chanhassen, MN 55317 (Top 3 inches reserved for recording data) WARRANTY DEED Minnesota Uniform Conveyancing Blanks Individual(s)to Individual(s) Form 10.1.1 (2016) eCRV number: DEED TAX DUE: $1.65 DATE: .5%)et I tlot( (monevdaylyear) FOR VALUABLE CONSIDERATION, Paul J. Poitevent and Judith A. Poitevent, married to each other (insert name and marital status of each Grantor) ("Grantor"), hereby conveys and warrants to Paul J. Poitevent and Judith A. Poitevent (insert name of each Grantee) ("Grantee"),as (Check only one box.) 0 tenants in common, (If more than one Grantee is named above and either no box is checked or both boxes are checked, 14 joint tenants, this conveyance is made to the named Grantees as tenants in common.) real property in Carver County,Minnesota,legally described as follows: That part of Lot"D"Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot"D";thence Northwesterly 90 feet along the Northerly line of said Lot"D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road,as measured along the Northerly right-of-way line of Bardwell Road;thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot"D";thence 308.6 feet Northeasterly to the point of beginning, lying Northwesterly of the following described line: Commencing at a point on the Northerly line of said Lot"D", distant 350.3 feet West of the Northeast corner of said Lot"D";thence Northwesterly along the Northerly line of said Lot"D", a distance of 57.54 feet,to the beginning of the line to be described;thence Southwesterly,deflecting to the left,98 degrees 54 minutes 49 seconds,a distance of 304.99 feet,to the Northerly right-of-way of Bardwell Road, and said line there terminating. Check here if all or part of the described real property is Registered(Torrens)O together with all hereditaments and appurtenances belonging thereto,subject to the following exceptions: Covenants, conditions, restrictions and easements of record, if any. The total consideration for this transaction is less than $3,000.00. Page 1 of 2 City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not ap ply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated: \ 44, 20 2-1 By Deputy Chanhassen City Clerk w Printed Name? C i Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.1.1 Cheer applicable box: Grantor Df The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has (signature)Paul J. Poitevent been electronically filed.(If electronically filed,insert WDC number: ..) ❑ I am familiar with the property described in this instrument and I (sig ature) dith A. Poitevent certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. State of Minnesota,County of r`as}'e This instrument was acknowledged before me on SvL:at 1to 1 Zoe ,by Paul J. Poitevent and Judith A. Poitevent, (montfvdayyear) married to each other (insert name and marital status of each Grantor) (Stamp) (signature of note`• • _) CHRISTOPHER L.GEORGE Title and r. 6 Not P Minnearysotaublic }: t fiJ Comr*Ix ten:xpires Jan.31,2022 My commission expires: (monbYdayyear) THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS (insert name and address) INSTRUMENT SHOULD BE SENT TO: (insert legal name and residential or business address of Grantee) Attorneys Title Group, LLC Paul J. Poitevent and Judith A. Poitevent 1054 Centerville Circle 2300 Melody Hill Road Vadnais Heights, MN 55127 Chanhassen,MN 55317 /recued for recording en)ormation; ENCROACHMENT AGREEMENT AGREEMENT made this /6 day of S4'4-'t , 2021, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation("City"), and PAUL J. POITEVENT and JUDITH A. POITEVENT, spouses married to each other("Owners"). 1. BACKGROUND. Owners are the fee owners of certain real property located in the City of Chanhassen, County of Carver, State of Minnesota, legally described on the attached Exhibit"A" ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property ("Easement Areas"). The Owners desire to construct a retaining wall on the Subject Property which encroaches on the Easement Areas as depicted on the attached Exhibit"B" and labeled 1. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas for the retaining wall subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are as follow: • The City shall have no responsibility to maintain or repair the retaining wall located within the Easement Areas. • The retaining wall must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. 216631v1 1 • The Owners,their heirs,successors and assigns,are fully responsible and liable for any and all damage caused to the retaining wall or resulting from construction of the retaining wall within the Easement Areas. • The Owners of the Subject Property will own and maintain the retaining wall. Further, Owners agree that the retaining wall shall be constructed consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the Easement Areas, Owners, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the retaining wall located in the Easement Areas, caused in whole or in part by the encroachment into the Easement Areas. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the then owner of the Subject Property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The property owners shall remove that portion of the retaining wall to the extent it impacts the Easement Areas to the effective date of the termination of this Agreement. If the owner fails to do so, the City may remove the retaining wall to the extent it impacts the Easement Areas and charge the cost of removal back to the owners for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. Signature pages follow. 216631v1 2 CITY OF CHANHASSEN By (SEAL) E >lse Ryan, Mayo And LaAAS4li /44411*-0(-)M-N\ Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) J The foregoing instrument was acknowledged before me this Lp "day of u. , 2021,by Elise Ryan and by Laurie Hokkanen, respectively the Mayor and Cityanager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority ted by its City Council. , o ublic KIM T. MEUWISSEN ,--A Notary Public-Minnesota My Commission ission Expires Jen 31,2025 216631v1 3 PROPERTY OWNERS: N. Paul J. Poi event pt_s-z._._. k.__ J 1th . Poitevent STATE OF MINNESOTA ) ( ss. COUNTY OF K tEPW ) The foregoing instrument was acknowledged before me this /6 day of 5�t Y , 2021, by Paul J. Poitevent and Judith A. Poitevent, spouses married to each other. • Notary.' 'lie 0 ,,, 4!4$ CHRISTOPHER L.GEORGE 1 Notary Public 1 1 .{ Minnesota o,T*-.yii'. 'f _.:+"`" My r^rrrs:ssk n Ei:*a.=Jai.31,21322 DRAF hD BY: CAMPBELL KNUTSON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road,Suite 290 Eagan,Minnesota 55121 Telephone:(651)452-5000 AMP 216631v1 4 EXHIBIT "A" That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot"D";thence 308.6 feet Northeasterly to the point of beginning, lying Northwesterly of the following described line: Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot"D";thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.54 feet, to the beginning of the line to be described; thence Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. [Parcel A / abstract] 216631v1 5 --; • . ...• ../N,„ 1 "l...SYS's• 10,‘ ,:-. \..N. 'el' ''' '' '41- ...". __ 1 `...._ lite '. .. - ! \' - • % : * ,lj, CM: iip, : l'-IV % ji ra 1 .... .....L3 ,_. i..sl. <1j Orr — - -cs ----klik-- . • 1 \,..'.,:...,.. `9\C,\rZ' 1 for \ N;Zp„c�",. '• \ � \ 6,s, . S < 0 25- ,-,-.N ...itos\ '-'--. ,.., . , N°0• p's c0*CV-„, • \ ` __'. •• \ `\ , ` `` o tea` io„Nro, `i�o Q - • \ Oilp N o� \ \ \ , FZ1 \ ..)4\ \ \\\\\\OD.' \ \ \C : \ , ')\\,:\\,%\,,,\ \ \ \ \ \-\\\ NN X '-..' --"--gib, l ' \ \ :.\\\\1/4 \:\\\\:\\\.\ \ \\is........ ......, (1,,, . P \\ \\\ \\, 3, .., \\\\\ \\ , '.... •('. ' : 4k \\`\\\\\\e \ , \ \\\\ v\ . N-- _,, ,,,,,, , \ \ ,, _. , ' \ \ ,,,.-e,\ \\\\ , .? , \ ,, . t - r1 \\ \ �3 h . \ \ `\�� so+ xoI. '` • , � � \ \ i `0 \\\ ' \ ' '\ •• • \ \ \` to \ `\ \ \ N. \ ` \ `\`\ \ •\ •�• • \ \ .\ \ \.rye. - \ \ \ • •• \ ` , "v p \ \ `\ \ • •, `\ �� ( \ • \ \ \ \ •\ \ `sr` ` `'a01 -� \ \ • \ \ \ \ \ \ \ • \ \ \ \ \ • \ \ 't \ \ \ \ •� \ \ / ro, 7 ' \ \ \ \\ •� o r7 Pa..... A �y, N (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this !, day of 54'-Y ,2021, by and between the CITY OF CHANHASSEN,a Minnesota municipal corporation("City"), and PAUL J. POITEVENT and JUDITH A.POITEVENT, spouses married to each other("Owners"). 1. BACKGROUND. Owners are the fee owners of certain real property located in the City of Chanhassen, County of Carver, State of Minnesota, legally described on the attached Exhibit"A" ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property ("Easement Areas"). The Owners desire to construct a retaining wall and a concrete slab on the Subject Property which encroaches on the Easement Areas as depicted on the attached Exhibit"B" and labeled 2 (retaining wall) and labeled 3 (concrete slab) (collectively the retaining wall and concrete slab referred to as "Improvements"). 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas for the Improvements subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are as follow: • The City shall have no responsibility to maintain or repair the Improvements located within the Easement Areas. 216632v1 1 • The Improvements must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. • The Owners,their heirs, successors and assigns,are fully responsible and liable for any and all damage caused to the Improvements or resulting from construction of the Improvements within the Easement Areas. • The Owners of the Subject Property will own and maintain the Improvements. Further, Owners agree that the retaining wall shall be constructed consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the Easement Areas, Owners, for themselves,their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the Improvements located in the Easement Areas, caused in whole or in part by the encroachment into the Easement Areas. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the then owner of the Subject Property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The property owners shall remove that portion of the Improvements to the extent it impacts the Easement Areas to the effective date of the termination of this Agreement. If the owner fails to do so, the City may remove the Improvements to the extent it impacts the Easement Areas and charge the cost of removal back to the owners for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. Signature pages follow. 216632v1 2 CITY OF CHANHASSEN By (SEAL) Elise yan, Mayor And LaAJ(/NI Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 1b day of ui_ 11 ,2021,by Elise Ryan and by Laurie Hokkanen,respectively the Mayor and City Manager of the Cityof Chanhassen, a Minnesota municipal corporation, on behalf of g P rP , the corporation and pursuant to the authority gr ted by its City Council. • o Pu is KIM T. MEUWISSEN j, Notary Public-Minnesota V VNO My Commission Expires Jan 31,2025 216632v1 3 PROPERTY OWNERS: Paul J. Poitevent J dith ' . Poitevent STATE OF MINNESOTA ) ( ss. COUNTY OF tifsewcPto ) The foregoing instrument was acknowledged before me this 6 day of , 2021, by Paul J. Poitevent and Judith A. Poitevent, spouses married to each other. 71i c (car CNRI Ntaryo PublicORGE \ LMv=ea. i " Minnesota ,2022 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 216632v1 4 EXHIBIT "A" That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D";thence 308.6 feet Northeasterly to the point of beginning, lying Southeasterly of the following described line: Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot "D";thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.54 feet, to the beginning of the line to be described; thence Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. [Parcel B /abstract] 216632v1 5 EXHIBIT "B" ---;--_,.--- -‘11'-- --'4)`'' i 43;24- / / ( ,-"/ / /, , f / • �I / / I /�� ..// • /s` i 1 f I i / i• ' I / 1, -fr : , 111V I i / • i 1 . N ii ., • / !,, / r , t , Ar / / ici- / , / / / • • C •�� � y. t ., • ,o ii 2 , • • • / a •iiI O , • •. ' •• / f '• ` 14 • . • /t • • v y• • / • 4 / • / / 46,. /4‘At.b tbo/At/h) i 1 Ir4---------- 1 4 '' . ' •••r+ —/ /—si iI / ,ii,zi I , I: 1 �/ / mac, .t, ^� n 0 _1 1 393 + i t II Pd4 il .ez p _461„1 i -_ 4 4N- // i L.,4-9 — —1/— : c) y r' '.3 1 r / 4 , / .1, / / �` ,/ *.:= 216632v1 6 s ,I srrez g r ) Iu� /2Asni x B s 1� 4 'xg 1„ Wge� gsswg N s• x a + 1 n a '2 2a • s ▪ IL 1 I ,w, eo, +..• _-- iy\ s. ', 3€g3 s 3 Zgr 1, ' Z.y ." W f I / caw o 0 -<'`t`!\f\ \`� 8 s-›r; 7 <-_ <g I Wyk W N , ',•$....-;•,..-...*•- /......,.. .'-s--'':: .t;....'... :%''''T.:%%-4"°''''44-'''7%bj's-.4bi' � - : i : � \ems�;` y ` ', J l ' ':\''"; �'-y `\fix:`o\�\ +oot 1 1 I ; Atli. I 1 .. it ‘, :7 _ \ +>± ;. 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X Aj€ S S is__^_ F �Y.r-=r...".rc s: e`v=.=. `s2e _ . i!`3 arcs ? d1=3sE.:za` r _ _ (reserved for recording information) GRANT OF PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES PAUL J. POITEVENT and JUDITH A. POITEVENT, married to each other, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Exhibit "B" (the Easement Property"). INCLUDING the rights of the City, its contractors, agents, servants. and assigns. to enter upon the Easement Property at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under. and through the Easement Property, together with the right to grade, level, fill, drain, pave and excavate the Easement Property, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction. and maintenance of said public drainage and utility systems. 215415v1 1 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 Property; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Property; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this 16 day of eSuCt , 2021. GRANTORS: Paul J. Poitevent udit A. Poitevent STATE OF MINNESOTA ) ( ss. COUNTY OF 110-+0CP 4a) The foregoing instrument was acknowledged before me this (6 day of Doti , 2021, by Paul J. Poitevent and Judith A. Poitevent, married to each other, Grantors. Notayfc CriRJSTOPNER L.GEORGE Notary Public t Minnesota THIS INSTRUMENT WAS DRAFTED BY: My CommissimExeiresJan.31,2022 CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road,Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 215415v1 2 EXHIBIT "A" to GRANT OF PERMANENT EASEMENT A permanent easement for public drainage and utility purposes over, under, across and through the Northwesterly 5 feet, the Northeasterly 5 feet, the Southeasterly 5 feet and the Northeasterly 10 feet of the Southwesterly 28 feet of the following described property: That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning, lying Northwesterly of the following described line: Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.54 feet, to the beginning of the line to be described; thence Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. [Parcel A / abstract] 215415v1 3 EXHIBIT "B" to GRANT OF PERMANENT EASEMENT n+'{' w+ \ h��4++mo _ 0 f ^i 320 17 —' 9$'S4'49 \ J_ y^c \•5:_. 1 / \ sX �n / \ \ —i / // \ / �\ \ \ / // // !! \\ \ ��\\ // /p+ / \\94 \ \ / / 1 / \\,\ \\ ? / //`��� / r \ sit ti \\ // // / 1cc4 \ sr�� \ / / 1 / � \ C� \\ / `/c, I / / < `\ \ // /�h / �o , d `\ sJ \ / / h \ \ \ / / / "j + \ \\ \� \ // / // D \ �j i / i�{-�' \\ . \ \\! 1 ,Q\\ // \\ r�, \P \\ / \\ �- \\0�& \\ // \\ `Csi� \ \`,' \ / \\ 'ft' .�\ 5 ' ,� DRAINAGE AND UTILITY \ / �' _m EASEMENTS SHOWN THUS: `./— ,$$�2 j L . ,D 1 • a a / \ i 9 w I I / �-- -- ____ T--- II I I I I SUNG 5 FEET IN MIQTH ALONG SQE AND REAR LOT LRIES ANC 10 FEET IN MOTH ALONG FRONT LINE AS SHOMAi ON SURVEY DLIAPC ORtorrxmoit$CALE Tin Erns ACCRESS Advance ,1, Surreriv4 Engineonng, EASEMENTEXHIBIT �- 17>a17 Highway N4T0 2300 MELODY HILL RD. PARCEL A 1,1Fn� r o^..Mi3^eala 4! 0 25 w CHANHASSEN,MN 215415v1 4 (reserved for recording information) GRANT OF PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES PAUL J. POITEVENT and JUDITH A. POITEVENT, married to each other, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Exhibit"B"(the Easement Property"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Property at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the Easement Property, together with the right to grade, level, fill, drain, pave and excavate the Easement Property, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. 215636v1 1 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 Property; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Property; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this 1 to day of t'1. , 2021. GRANTORS: Paul J. Poi event J dith . Poitevent STATE OF MINNESOTA ) (ss. COUNTY OF Me. P W ) The foregoing instrument was acknowledged before me this 16 day of ' 7 , 2021, by Paul J. Poitevent and Judith A. Poitevent, married to each other, Grantors. Not blic 5"! CHRISTOPHER L,GEORGE '1 r i Notary Public MInne ota MI CAT"13:- :. CFrni.as.Jan.31,2022 I THIS INSTRUMENT WAS DRAF I'1 D BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road,Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 215636v1 2 EXHIBIT "A" to GRANT OF PERMANENT EASEMENT A permanent easement for public drainage and utility purposes over, under, across and through the Northwesterly 5 feet, the Northeasterly 5 feet, the Southeasterly 5 feet and the Northeasterly 10 feet of the Southwesterly 28 feet of the following described property: That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of said Lot "D"; thence 308.6 feet Northeasterly to the point of beginning, lying Southeasterly of the following described line: Commencing at a point on the Northerly line of said Lot "D", distant 350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly along the Northerly line of said Lot "D", a distance of 57.54 feet, to the beginning of the line to be described; thence Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet, to the Northerly right-of-way of Bardwell Road, and said line there terminating. [Parcel B /abstract] 215636v1 3 EXHIBIT "B" to GRANT OF PERMANENT EASEMENT 7rJ'Sa.06„ E ��,— � 98'54'49 + , \ N y}ZQ,1irrr� /,' " C ``5� r� --- / / \\,��\ r / r r r / �/ // / /,I \ / / \ \\ / / / / \ \ . \ // / C( / \N\\ \ / /� / /�\ . / / / ;J \ \ s% \ 4/ \\ // // / \c 1 \ v \\ / / + �-r /J `p° \ �06'' \ / Jr L• / \\ 4 \\ // // cb� )� // 4 &(.) RI'''`. \ \ \ / \ \ A"›, \ / / AS / 4.'Cij / \\ � , \ \\ < / / •t.;,, / C�0 \ '�r.\ \\< ' ,Q\\ / G-1, \fir' / \ / / \ \'� er, \ / \\\ 4'e' \ \is, \\4 / DRAINAGE AND UTILITY \ f `1V 8 . co, EASEMENTS SHOWN THUS: — '4`�?7�_j__ a 0 \ � totl� bl 51 / __ _� 1 f 1 / I I BONG 5 FEET P. MOTH ALONG SIDE AND REAR LOT UNES AKJ 10 FEET IN WIDTH ALO'„ FRONT LINE AS SHOWN ON SURVEY '.RANI*,CRI_RTATEN L SEAL: TITLLJJp6 ADDRESS Advance Surveying&F„g:,Ive,,;•,y a,. ' N I EASEMENT EXHIBIT PARCEL B titl Hewn.Hal 2300 MELODY HILL RD. `" &'. t omb:6 aS s RI CHANHASSEN,MN 215636\'1 4