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 _ \ +>± ;. Y era `1 = 1 $I Y.E
// `1\�.`\`��\\ ;.�•\ S \'- `\ N.`-, �x_-- �__ - e B53' silo
•t `\-.� "\ �; 40
� `�\•`��Y `� �~� •s ��1 GA Y tp''31ae
�� \ `\\\�`• •,�`1,,,1 .`�'\k,,,,,\,
.\ `.\`\,\.`tiv may,'i � `J /j/ \\ .I ^I ;
y
('� i 9 /1' 1 ,!'/,' / � .6'/ ! -• ^ > =2
N ac i
alb . • 6 i / r'> __^&cc €=>, :-�3 nj C.
a r i ' J:•�' i ham±.�� / ' N t'17y °'' _;7{ 3 „{ ��g4
1 �; � / / \\ cp • au aG � ��L 44
;" / \ a3"12:4,;Et .172,1'IT3r.."- , r
AU:: yE's: .`c €3 €E` G € =z: 3Lc :==Ta =• = 1-='€:. _�
}as ,-sE zc .g i s -E_ __ "_� N• t ® ;o; zz3 5▪ =s 11 << g
:as ▪ z 7.ElfeL E ,s(a2 E `• a3 EL s 11.1 f
€`�<_c S; v s3 Ec t 4€ C auE u "cE 3 a��. c€.-. .=_EgF f.--#
As• x iE `€ g= a`" �'E Itc �`r Ef3c sRg-Eos �x'z`a=.
�4� 7rce E- t s V3=_y:iii Iy3a�2▪ -'s i i R ::,tFa€§= t i.s lg'
`c11. 117,
iA- € `tZcEfiZ F'y z` fEr6S Hi-it` 3 — .p! 1■$. .: 3�>,`:G YZ �:-c
�r5 E z•1 E'sp€taa,€33 -' 'IYgf c Rr !l € ter= ?e c �rts�„ o
`;z tl 3 �= E €xt�-` �= `" `E 352Iez �ties3• =="i3z==q� ;
i.41• iE Ear ."▪ CreE2�.`LFcp .t7�^€E =1#€ a :504,:l 1 , �-1c=45=1v 9 e i
f;T€2 ''E. `c€3 �; cl. c 0.21€t EC '`-a €Eg3=• 3 a'�': 3.c cd <4'c i.c =v Q 4a
S a..c r S g€PO'E li§gi-, �va3 Ec csR`c 2 ''3._ '`' � 34�� E" 2�p4`= x � i Y
=ux^-11 o 5t"-i-�� €_ t4`€may= ggiltl�• "eft ` o`z z �<"m :"tz. y e`- €
eE N E &Y°= EF rk`` E "`k `_ €6< =€ E Yi�rrri'=g '�'Et�`=€zit § e a = `
clit ^ =t ai,E�Y-=T LItt:I tl€E` y`Lr!ic g4. _ sP4-4,,dig o � �= > it 1, g
�jcc�9 v� ,i r_ftz =c^ C.€ Tt� c` �. _ .ZF F` c-S-_x�ea=-a xc c�-`.5` 15 Q (<
-z'-„7 S y-.-, cE�/.{ r E L'E gi�c S a Fora .. q
c-€° < �3 Su -3`$ -2..@^= ,•�c`c26'€°Ee C'. a,e.€E„"fie^y• -y a €k-g'g. 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