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