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Letter from CK to Executive Title Regarding Poitevent Closing 4111 CAMPBELL KNUTSON PROFESSIONAL ♦ ASSOCIATION July 15,2021 Elliott B.Knetsch Via E-mail: erict iietofmn.com Joel J.Jamnik Andrea McDowell Poehler Soren M.Mattick Mr. Eric Whiteis David S.Kendall do Executive Title Henr .Schaeffer,III 701 Xenia Avenue South, Suite 260 Alm Alina Schwartz Shana N. Conklin Golden Valley,MN 55416 James J.Monge,III Jerome M.Porter Re: City of Chanhassen—2300 Melody Hill—Paul and Judith Poitevent Leah C.M.Koch Closing July 16,2021 Meagan K.Kelley Thomas J.Campbell* Dear Mr. Whiteis: Roger N.Knutson* *Retired This office is legal counsel for the City of Chanhassen ("City"). For convenience, Executive Title is referred to in this letter as "you." This letter ("Escrow Instructions") constitutes Escrow Instructions for the lot split and closing regarding the above-referenced property. The City's closing documents will be delivered under separate cover and shall be disbursed strictly in accordance with these Escrow Instructions. Attached to this letter is an acknowledgement by you of the receipt of this letter and your agreement to hold and disburse the closing documents and funds in accordance with these Escrow Instructions. Prior to undertaking any actions related to the Escrow Instructions,you must first sign and return a copy of this letter to me via r e-mail with the original to follow by mail. 1. Documents. The following City documents will be delivered to you: A. Certified Resolution Approving Lot Split. B. Deed from Poitevents to themselves for Parcel A with City's approval affixed. C. Deed from Poitevents to themselves for Parcel B with City's approval affixed. D. Encroachment Agreement for retaining wall on Parcel A. E. Encroachment Agreement for retaining wall and cement slab on Parcel B. Grand Oak Office Center 1 860 Blue Gentian Road 2. Closing Conditions. The documents are to be disbursed, if and only if, the Suite 290 following conditions have been met: Eagan,Minnesota 55121 Main:651-452-5000 Fax:651-234-6237 www.ck-Iaw.com 216639v I Page 2 July 15, 2021 Executive Title Re: 2300 Melody Lane A. You have received the executed Certificate of Full Release of Mortgage. B. You have received the two executed Warranty Deeds, with the City's seal of approval, creating the lot split, along with a copy of the survey. C. You have obtained the signatures of Paul and Judtih Poitevent on the two Grant of Permanent Easements for Drainage and Utility Purposes as provided to you via email. D. You have obtained the signatures of Paul and Judtih Poitevent on the two Grant of Encroachment Agreements. E. You have verified that all taxes and any special assessments have been paid in full. F. You have received all funds necessary to cover the cost of recording the documents creating the lot split and encumbrances. G. You have received telephonic instructions from the undersigned or member of this firm to proceed with the closing of the transaction. 3. Closing Instructions. When the conditions under Section 2 of these Escrow Instructions have been met, you shall record the following documents in the order listed,prior to any other transfer documents or encumbrances: i. Release of Mortgage ii. Certified copy of Resolution Approving Split iii. Deed from Poitevents to themselves for Parcel A iv. Deed from Poitevents to themselves for Parcel B v. Grant of Permanent Easement for Drainage and Utility Purposes for Parcel A vi. Grant of Permanent Easement for Drainage and Utility Purposes for Parcel B vii. Encroachment Agreement for retaining wall on Parcel A viii. Encroachment Agreement for retaining wall and cement slab on Parcel B 4. Recorded Documents. Once recorded, you will return the original recorded documents referenced in paragraph 3, above,to the undersigned. 5. Closing Date. Unless you are able to close this transaction, and record the documents listed, before the end of business on Monday,July 19,2021, you shall return the Escrowed Documents to me, unless you receive other instructions from the respective parties. 216639v1 Page 3 July 15,2021 Executive Title Re: 2300 Melody Lane If you have any questions regarding the above,please contact the undersigned. Thank you for your cooperation in this matter. Very truly yours, CAMPBELL KNUTSON Professional Association By: i ii,,,e1,624— Andrea McDowell Poehler AMPfjmo Enclosure Cc: Bob Generous (via email) ***** ***** ***** ***** Agreed to and accepted this day of July,2021. EXECUTIVE TITLE By: Eric Whiteis 216639v1 CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 07/14/2021 12 : 34 PM Receipt No . 00477426 CLERK: ashleym PAYEE: Paul or Judith Poitevent Poitevent 2300 Melody Hill Road Excelsior MN 55331- Park Fees 5, 800 . 00 Swamp Fees 4 , 206 . 94 Sewer Hook-Up 691 . 00 Water Hook-Up 2 , 476 . 00 Encroachment Agreement 100 . 00 Total 13 , 273 . 94 Cash 0 . 00 Check 1981 13 , 273 . 94 Change 0 . 00 FIELD TREE INVENTORY LOG PROJECT NAME:Tree Survey at 2300 Melody Hill, Chanhassen, MN Judith Poitevent, Owner DATE:3/2/2021 Lot Condition:Undeveloped TIME:12:20 PM Sunny 40 Degrees F. TAG NO.TREE DIA. (IN)SPECIES CONDITION REMOVE?NOTES 391 23 Green Ash Good N 392 17 Black Walnut Good Y 393 10 Black Locust Fair N 6 Trunks at Grade 394 17 Green Ash Good N 395 11 Crabapple Good N 396 13 Green Ash Good N 397 50 American Elm Fair N Trunk Damage, DED Present in Adjacent Elm 7 141 Chanhassen Tree Inventory Criteria: All Overstory Trees 10" dia.+ Excluded Species: Buckthorn & Honeysuckle Condition Rating: Good = Full Canopy, No Signs of Stress or Injury Fair = Most of the Canopy, Some Stress or Minor Injury Poor = Significant Canopy Loss, Extensive Damage or Disease, Short Life Expectancy TOTAL INCHES INVENTORIED NO. OF TREES TAGGED DESIGN GROUP Landscape Architecture + Planning calyxdesigngroup.com | 651.788.9018X LEGEND EXISTING TREE TO BE REMOVED EXISTING CANOPY COVERAGE AREA PROPOSED CANOPY COVERAGE REMOVAL PRE-DEVELOPMENT CALCULATIONS: PARCEL NET ACRES: 1.3 ACRES (56,628 SQ FT) APPROXIMATE TREE CANOPY COVERAGE: 25,800 SQ FT APPROXIMATE % TREE CANOPY COVERAGE: 45.5% POST-DEVELOPMENT CALCULATIONS: REMOVAL OF (1) 17” TREE, EST. 600 SF CANOPY APPROXIMATE DEVELOPMENT TREE CANOPY COVERAGE: 25,200 SQ FT APPROXIMATE DEVELOPMENT % TREE CANOPY COVERAGE: 44.5% WOODED AREA WOODED AREA WOODED AREA X