Approval Letter 2-10-06
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
~591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
February 10,2006
Mr. John Rice
Rice Law Firm, Chartered
P. O. Box 1180
Chanhassen, Minnesota 55317-0118
Re: City of Chanhassen - Paul T. Eidsness and Andrea S. Eidsness
Planning Case No. 06-02
Dear Mr. Rice:
This letter is to formally notify you that on January 23, 2006, the City Council
adopted the following motion:
"The City Council approves the metes and bounds subdivision (#06-02) of 2.18
acres into two lots, as shown on plans stamped "Received January 5, 2006", subject
to the following conditions:
1. Detailed grading, drainage, erosion control, andtre,eremoval plans are to be
submitted!? the City for review and approval \VH]:r~hei:gl1pding permit
applicationforPar~elB,or withthe subdivisionapplicatiol1ifJ?arcel 13 is
incorporated into a future deyelopment proposal, whichever comes first.
':,' .,', ,:- .',":::c'::' ,'-:'::; :-. _:'-',:.':: -:.":.:, ,,:'~'.::;'.'-: ..: -:::: ",:".;,,::_':(~;, ,--,:::-:',:'~::'.,,:" '-:.;:'_ '::,.--".,-",.- ;-_: .":,'
2. Park dedication dollars Willberequiredin. lieu. of land dedi cati onfo r one new
lot (1 lot x $4,000 per lot = $4,000).
',,:0, .:':. ',,',_'
3. The Sewer andWaterhookupchargesfor ParcelB",illbepayable\viththe. :
building permit application or assessed with the propertytaxes. ' .
, " , .. , ", :-," - ,,-,:: " ',- -: ::'.., ,~: - - ~
<:;.,,'-\"'.._,',-, ' ,,' .,:: '."" , ' " ' ;::::-,',"- ,- '.. :' . ... .,.. ,:', . .: ,': .:. -.-',"--,.,::'.'-:','. ,'-:i-';_ -:'.'.,:,:', .."..""':'-- -~.-::":-'_:' ','
6. The applicantshallenter into the attached Devel()pfi1ellt COl1tractand Special
Assessment Agreement.
7. Standard drainage and utility easements shall be dedicated to the city as
described in the UTILITIES section of the staff report.
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Mr. John Rice
Eidsness Subdivision
February 10,2006
Page 2
8. The plans must be revised to show the exact location of the existing utilities (watermain and
sanitary sewer) and easements. Additional easements may be required as described in the
UTILITIES section of the staff report.
Please find attached a Development Contract and Special Assessment Agreement, Grant of
Temporary and Permanent Easements (parcels A and B), Grant of Permanent Easements (Parcel
A), Grant of Permanent Easements (Parcel B) and Notice of Land Combination for Zoning
Purposes for your clients to sign and return to our offices for recording at Carver County.
Signatures must be notarized. Also, all park fees must be paid prior to recording of these
documents.
If you have any questions, please feel free to contact me.
Sincerely,
~'\.,
Sharmeen AI-Jaff
Senior Planner
~
--
Enclosures
g:\plan\2006 planning cases\06-02 eidsness metes & bounds subdivision\letter of approva1.doc
DEVELOPMENT CONTRACT
AND
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT dated , 2006, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City"); and PAUL T. EIDSNESS and
ANDREA S. EIDSNESS, husband and wife, (hereinafter referred to as the "Developer").
RECITALS
A. The Developer has applied to the City for the subdivision of the land described on
into two lots, one of which lots is legally described on the attached Exhibit "A" ("Assessed
Parcel"). The City has approved the subdivision subject to certain conditions including that the
Developer enter into this Agreement.
B. As a condition of subdivision approval, the City required the construction of a
street. The Developer has asked the City to construct the street as a public improvement project.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL
COVENANTS, THE PARTIES AGREE AS FOLLOWS:
1. Public Improvements. The City shall construct a public street in the public
easement as described on Exhibit A ("Easement Premises"). Street construction may commence,
in the City's discretion, upon the occurrence of any of the following events, whichever first
occurs: when property immediately abutting the Assessed Parcel to the east is further
subdivided, when a building permit is issued for construction on the Assessed Parcel, when the
property to the north of the Assessed Parcel is developed, or when the City determines it is
appropriate to construct the street.
2. Surface Water Management Fees. As a condition of subdivision approval the
Developer is required to pay a surface water quality fee of $2,3 83 and a surface water quantity
fee of$5,987. The Developer has asked to defer payment of the fees until one of the events
triggering the street construction referred to in paragraph 1 above occurs.
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AMP:2/10/06
1
3. Special Assessments. Parcel B is specially assessed for: (1) street project in the
amount of$10,000.00; (2) the surface water quality fee in the amount of$2,383; and (3) the
surface water quantity fee in the amount of $5,987. The assessments shall be deemed adopted on
the date this Agreement is approved by the City Council. The assessments shall be deferred
without interest until the street is constructed. When the deferment ends, the assessments shall
be paid over a five (5) year period, together with interest commencing as of the date the
deferment ends at a rate of eight percent (8%) per year on the unpaid balance.
4. Waiver. The Developer waives any and all procedural and substantive objections
to the improvements and the special assessments, including but not limited to hearing
requirements and any claim that the assessment exceeds the benefit to the property; and further
waives any appeal rights otherwise available pursuant to M.S.A. ~ 429.081.
IN WITNESS WHEREOF, this Agreement was executed by the parties the day and
year first above written.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager/Clerk
DEVELOPER:
Paul T. Eidsness
Andrea S. Eidsness
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AMP:2/1 0/06
2
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 2006, by Thomas A. Furlong and by Todd Gerhardt, respectively
the Mayor and City Manager/Clerk of the City of Chanhassen, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council. .
Notary Public
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
,2006, by Paul T. Eidsness and Andrea S. Eidsness, husband and
wife.
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
RNK
122866v02
AMP:2/l 0106
3
EXHIBIT" A"
TO
DEVELOPMENT CONTRACT
AND SPECIAL ASSESSMENT AGREEMENT
ASSESSED PARCEL:
Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the
recorded plat thereof.
AND
That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County,
Minnesota, described as follows:
Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a
bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the
intersection of the center lines of Fern Road and Lakeview Drive, as designated and
delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on
file and of record in the office of the Registrar of Titles in and for said County and State
of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950
feet plus or minus in and along the division line between Section 1 and 23 of Carver
County to the high water mark of Long Lake; thence in a Southeasterly direction along
the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right
angles to the first course when said course is projected Easterly; thence Northerly 89
degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of
Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to
the point of beginning, being a part of Government Lot No.6, Section 12, Township 116,
Range 23, same being registered land as evidence by Certificate of Title No. 1726,
Carver County, State of Minnesota.
That lies Westerly of a line described as follows:
Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a
bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the
intersection of the center lines of Fern Road and Lakeview Drive, as designated and
delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on
file and of record in the office of the Registrar of Titles in and for said County and State
of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East
along the North line of said Section 12, a distance of 530.06 feet to the point of beginning
of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a
point 100.00 feet at right angles from the South Line of said Section 1, and said line there
terminating.
122866v02
AMP: 2/1 0/06
4
EASEMENT PREMISES:
A permanent easement for public roadway, drainage and utility purposes over, under and across
the East 50.00 feet of the above-described property.
122866v02
AMP:2/10/06
5
GRANT OF TEMPORARY AND PERMANENT EASEMENTS
PAUL T. EIDSNESS and ANDREA S. EIDSNESS, husband and wife, "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, a temporary construction easement over, on, across, under,
and through the land situated in the County of Carver, State of Minnesota, as legally described
on the attached Exhibit "A" ("Temporary Easement Premises").
TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, servants and
assigns, commencing upon execution of this document and expiring 90 days after the date of
acceptance by the City of Chanhassen of the completion of the contemplated roadway, sewer,
water, curb, gutter and utility installation within the Permanent Easement Premises, hereinafter
described, together with the right of ingress to and egress from the temporary easement premises,
for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the
property of the City, at the will of the City, its successors and assigns. Grantors hereby grant the
uses herein specified without divesting themselves of the right to use and enjoy the above
described Temporary Easement Premises, subject only to the right of the City to use the same for
the purposes herein expressed. The City, its agents and assigns, will restore the Temporary
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1
Easement Premises to a condition as nearly equal as possible to that which existed prior to
construction or maintenance authorized hereunder within a reasonable time after completion of
that construction. It is agreed, however, that trees, shrubs, and other plants will not be replaced
and that the City will not be responsible for payment of damages resulting from the removal of
or damage to trees, shrubs and other plants.
FURTHERMORE, in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Grantors do hereby
grant unto the City, its successors and assigns, forever, a permanent easement for public
roadway, drainage and utility purposes over, across, on, under, and through the land situated in
the County of Carver, State of Minnesota; as legally described on the attached Exhibit "A"
("Permanent Easement Premises").
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public roadway, drainage and utility systems over, across, on, under,
and through the Permanent Easement Premises, together with the right to grade, level, fill, drain,
and excavate the Permanent Easement Premises, and the further right to remove trees, bushes,
undergrowth, and other obstructions interfering with the location, construction, and maintenance
of said public roadway, drainage and utility easements.
Upon any dedication in a plat that includes the property burdened by the Permanent
Easement Premises to the public for public roadway purposes, this Grant of Easements shall
cease to be carried as a memorial on the Certificate of Title for the parcel burdened by the
easement.
The above named Grantors, for themselves, their heirs and assigns, do covenant with the
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2
City, its successors and assigns, that they are well seized in fee title of the above described
Permanent and Temporary Easement Premises; that they have the sole right to grant and convey
the easements to the City; 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 document this_
day of
, 2006.
GRANTORS:
Paul T. Eidsness
Andrea S. Eidsness
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
2006, by Paul T. Eidsness and Andrea S. Eidsness, husband and wife, Grantors.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNuTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
AMP/cjh
123382
3
EXHIBIT" A"
TO
GRANT OF TEMPORARY AND PERMANENT EASEMENTS (parcel A and B)
A permanent easement for public roadway, drainage and utility purposes over, under and across
the East 50.00 feet of the following described property:
That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County,
Minnesota, described as follows:
Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a
bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the
intersection of the center lines of Fern Road and Lakeview Drive, as designated and
delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on
file and of record in the office of the Registrar of Titles in and for said County and State
of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950
feet plus or minus in and along the division line between Section 1 and 23 of Carver
County to the high water mark of Long Lake; thence in a Southeasterly direction along
the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right
angles to the first course when said course is projected Easterly; thence Northerly 89
degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of
Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to
the point of beginning, being a part of Government Lot No.6, Section 12, Township 116,
Range 23, same being registered land as evidence by Certificate of Title No. 1726,
Carver County, State of Minnesota.
That lies Westerly of a line described as follows:
Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a
bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the
intersection of the center lines of Fern Road and Lakeview Drive, as designated and
delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on
file and of record in the 'office of the Registrar of Titles in and for said County and State
of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East
along the North line of said Section 12, a distance of 530.06 feet to the point of beginning
of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a
point 100.00 feet at right angles from the South Line of said Section 1, and said line there
terminating.
Together with a temporary easement for construction purposes over, under and across the West
20.00 feet of the following described property:
That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County,
Minnesota, described as follows:
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4
Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a
bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the
intersection of the center lines of Fern Road and Lakeview Drive, as designated and
delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on
file and of record in the office of the Registrar of Titles in and for said County and State
of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950
feet plus or minus in and along the division line between Section 1 and 23 of Carver
County to the high water mark of Long Lake; thence in a Southeasterly direction along
the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right
angles to the first course when said course is projected Easterly; thence Northerly 89
degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of
Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to
the point of beginning, being a part of Government Lot No.6, Section 12, Township 116,
Range 23, same being registered land as evidence by Certificate of Title No. 1726,
Carver County, State of Minnesota.
That lies Easterly of a line, described as follows:
Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a
bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the
intersection of the center lines of Fern Road and Lakeview Drive, as designated and
delineated on the Map of Carver Beach, at Long Lake, according to the plat thereot: on
file and of record in the office of the Registrar of Titles in and for said County and State
of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East
along the North line of said Section 12, a distance of 530.06 feet to the point of beginning
of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a
point 100.00 feet at right angles from the South Line of said Section 1, and said line there
terminating.
123382
5
GRANT OF PERMANENT EASEMENTS
PAUL T. EIDSNESS and ANDREA S. EIDSNESS, husband and wife, "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, a permanent easement for public roadway, drainage and utility
purposes over, across, on, under, and through the land situated in the County of Carver, State of
Minnesota, as legally described on the attached Exhibit "A" ("Permanent Easement Premises").
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public roadway, drainage and utility systems over, across, on, under,
and through the Permanent Easement Premises, together with the right to grade, level, fill, drain,
and excavate the Permanent Easement Premises, and the further right to remove trees, bushes,
undergrowth, and other obstructions interfering with the location, construction, and maintenance
of said public roadway, drainage and utility easements.
The above named Grantors, for themselves, their heirs and assigns, do covenant with the
City, its successors and assigns, that they are well seized in fee title of the above described
Permanent Easement Premises; that they have the sole right to grant and convey the easements to
123383
1
the City; 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 document this_
day of
, 2006.
GRANTORS:
Paul T. Eidsness
Andrea S. Eidsness
STATE OF MINNESOTA )
) SSe
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
2006, by Paul T. Eidsness and Andrea S. Eidsness, husband and wife, Grantors.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNuTSON
. Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
AMP/cjh
123383
2
EXHIBIT" A"
TO
GRANT OF PERMANENT EASEMENTS (parcel B)
Together with a permanent easement for public roadway purposes over, under and across the
West 30.00 feet of the following described property:
That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County,
Minnesota, described as follows:
Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a
bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the
intersection of the center lines of Fern Road and Lakeview Drive, as designated and
delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on
file and of record in the office of the Registrar of Titles in and for said County and State
of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950
feet plus or minus in and along the division line between Section 1 and 23 of Carver
County to the high water mark of Long Lake; thence in a Southeasterly direction along
the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right
angles to the first course when said course is projected Easterly; thence Northerly 89
degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of
Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to
the point of beginning, being a part of Government Lot No.6, Section 12, Township 116,
Range 23, same being registered land as evidence by Certificate of Title No. 1726,
Carver County, State of Minnesota.
That lies Westerly of a line described as follows:
Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a
bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the
intersection of the center lines of Fern Road and Lakeview Drive, as designated and
delineated on the Map of Carver Beach, at Long Lake, according to the plat thereot: on
file and of record in the office of the Registrar of Titles in and for said County and State
of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East
along the North line of said Section 12, a distance of 530.06 feet to the point of beginning
of said line to be described; thence South 03' degrees 01 minutes 32 seconds East to a
point 100.00 feet at right angles from the South Line of said Section 1, and said line there
terminating. .
Together with a permanent easement for public drainage and utility purposes over, under and
across the West 10.00 feet of the East 60.00 feet, the East 10.00 feet of the West 40.00 feet, the
North 5.00 feet and the South 10.00 feet lying Westerly of the East 60.00 feet and Easterly of the
West 40.00 feet of the following described property:
Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the
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3
recorded plat thereof.
AND
That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County,
Minnesota, described as follows:
Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a
bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the
intersection of the center lines of Fern Road and Lakeview Drive, as designated and
delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on
file and of record in the office of the Registrar of Titles in and for said County and State
of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950
feet plus or minus in and along the division line between Section 1 and 23 of Carver
County to the high water mark of Long Lake; thence in a Southeasterly direction along
the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right
angles to the first course when said course is projected Easterly; thence Northerly 89
degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of
Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to
the point of beginning, being a part of Govemment Lot No.6, Section 12, Township 116,
Range 23, same being registered land as evidence by Certificate of Title No. 1726,
Carver County, State of Minnesota.
That lies Westerly of a line described as follows:
Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a
bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the
intersection of the center lines of Fern Road and Lakeview Drive, as designated and
delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on
file and of record in the office of the Registrar of Titles in and for said County and State
of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East
along the North line of said Section 12, a distance of 530.06 feet to the point of beginning
of said line to be described; thence South 03 degrees.01 minutes 32 seconds East to a
point 100.00 feet at right angles from the South Line of said Section 1, and said line there
terminating.
123383
4
GRANT OF PERMANENT EASEMENTS
PAUL T. EIDSNESS and ANDREA S. EIDSNESS, husband and wife, "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, a permanent easement for public roadway, drainage and utility
purposes over, across, on, under, and through the land situated in the County of Carver, State of
Minnesota, as legally described on the attached Exhibit "A" ("Permanent Easement Premises").
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the Permanent Easement Premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public roadway, drainage and utility systems over, across, on, under,
and through the Permanent Easement Premises, together with the right to grade, level, fill, drain,
and excavate the Permanent Easement Premises, and the further right to remove trees, bushes,
undergrowth, and other obstructions interfering with the location, construction, and maintenance
of said public roadway, drainage and utility easements.
The above named Grantors, for themselves, their heirs and assigns, do covenant with the
City, its successors and assigns, that they are well seized in fee title of the above described
123385
Permanent Easement Premises; that they have the sole right to grant and convey the easements to
the City; 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 document this _
day of
, 2006.
GRANTORS:
Paul T. Eidsness
Andrea S. Eidsness
STATE OF MINNESOTA )
) SSe
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
2006, by Paul T. Eidsness and Andrea S. Eidsness, husband and wife, Grantors.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNuTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
AMP/cjh
123385
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENTS (parcel A)
A permanent easement for public drainage and utility purposes over, under and across the West
10.00 feet, the North 5.00 feet and the South 5.00 feet of the following described property:
That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County,
Minnesota, described as follows:
Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a
bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the
intersection of the center lines of Fern Road and Lakeview Drive, as designated and
delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on
file and of record in the office of the Registrar of Titles in and for said County and State
of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950
feet plus or minus in and along the division line between Section 1 and 23 of Carver
County to the high water mark of Long Lake; thence in a Southeasterly direction along
the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right
angles to the first course when said course is projected Easterly; thence Northerly 89
degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of
Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to
the point of beginning, being a part of Government Lot No.6, Section 12, Township 116,
Range 23, same being registered land as evidence by Certificate of Title No. 1726,
Carver County, State of Minnesota.
That lies Easterly of a line, described as follows:
Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a
bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the
intersection of the center lines of Fern Road and Lakeview Drive, as designated and
delineated on the Map of Carver Beach, at Long Lake, according to the plat thereo:f, on
file and of record in the office of the Registrar of Titles in and for said County and State
of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East
along the North line of said Section 12, a distance of 530.06 feet to the point of beginning
of said line to be described; thence South 03 degrees 01 minutes 32 seconds East to a
point 100.00 feet at right angles from the South Line of said Section 1, and said line there
terminating.
Together with a 23.00 foot permanent easement for sanitary sewer and watermain purposes over,
under and across the following described property:
That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County,
123385
Minnesota described as follows:
Beginning at a point in the center line of Lake View Drive, distant 243.518 feet
on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point
formed by the intersection of the center lines of Fern Road and Lake View Drive,
as designated and delineated on the Map of Carver Beach, at Long Lake,
according to the plat thereof, on file and of record in the office of the Registrar of
Titles in and for said County and State of Minnesota; and running from thence
South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along
the division line between Sections 1 and 12 of Carver County to the high water
mark of Long Lake; thence in a Southeasterly direction along the high water mark
of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first
course when said course is projected Easterly; thence Northerly 89 degrees 31
minutes 29 seconds West 955 feet plus or minus to the center line of Lake View
Drive; thence North 22 degrees 21 minutes 40 seconds West 108.505 feet to the
point of beginning, being a part of Govemment Lot No.6, Section 12, Township
116, Range 23, same being registered land as evidenced by Certificate of Title
No. 1726.
Said easement being 13.00 feet to the right and 10.00 feet to the left of a line described as
follows:
Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a
bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the
intersection of the center lines of Fern Road and Lakeview Drive, as designated and
delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on
file and of record in the office of the Registrar of Titles in and for said County and State
of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East
along the North line of said Section 12, a distance of900.59 feet to the point of beginning
of said line to be described; thence South 01 degrees 40 minutes 38 seconds East; thence
South 13 degrees 54 minutes 28 seconds East, a distance of3.32 feet to a line 100.00 feet
at right angles from the North Line of said Section 12, and said line there terminating.
The side lines of said easement shall terminate at the North line of Section 12 and at a line
100.00 feet at right angles from the North line of said Section 12.
123385
FILE NO.: 2006-02
PROPERTY OWNERS: Paul T. Eidsness and Andrea S. Eidsness
LEGAL DESCRIPTION: See attached Exhibit "A"
NOTICE OF LAND COMBINATION FOR ZONING PURPOSES
DATE:
February 10,2006
LEGAL DESCRIPTION: Attached Exhibit "A"
The property described in Exhibit "A" has been processed by the County Auditor as two or
more separate real estate tax parcels. The purpose of this document is to notify the deed
holder (including contract for deed vendor and vendee), successors and/or assigns that said
property is considered one parcel for zoning purposes. Therefore, said parcel shall not be
sold as less than one contiguous piece, as described in Exhibit "A", unless specific approval
is provided by the City of Chanhassen Planning Department.
The County Auditor has assigned the following parcel identification numbers to the
property described in Exhibit "A":
PID# 25-1090100 - Outlot A, Big Woods on Lotus Lake
PID#
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
,2006, by Sharmin AI-Jaf!: Senior Planner for the City ofChanhassen.
Notary Public
THIS INSTRUMENT DRAFfED By:
CAMPBELL KNUTSON, P.A.
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
123404
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EXHIBIT A - LEGAL DESCRIPTION
PID # 25-1090100
OWNERS: Paul T. Eidsness and Andrea S. Eidsness
DESCRIPTION:
Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota,
according to the recorded plat thereof
AND
PID#
OWNERS: Paul T. Eidsness and Andrea S. Eidsness
DESCRIPTION:
That part of Government Lot 6, Section 12, Township 116, Range 23, Carver
County, Minnesota, described as follows:
Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on
a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed
by the intersection of the center lines of Fern Road and Lakeview Drive, as
designated and delineated on the Map of Carver Beach, at Long Lake, according
to the plat thereof, on file and of record in the office of the Registrar of Titles in
and for said County and State of Minnesota; and running from thence South 89
degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the
division line between Section 1 and 23 of Carver County to the high water mark
of Long Lake; thence in a Southeasterly direction along the high water mark of
Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first
course when said course is projected Easterly; thence Northerly 89 degrees 31
minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview
Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the
point of beginning, being a part of Government Lot No.6, Section 12, Township
116, Range 23, same being registered land as evidence by Certificate of Title No.
1726, Carver County, State of Minnesota.
That lies Westerly of a line described as follows:
Commencing at a point in the center line of Lakeview Drive, distant
243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East,
from the point formed by the intersection of the center lines of F em Road
123404
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123404
and Lakeview Drive, as designated and delineated on the Map of Carver
Beach, at Long Lake, according to the plat thereof, on file and of record in
the office of the Registrar of Titles in and for said County and State of
Minnesota; and running from thence South 89 degrees 31 minutes 29
seconds East along the North line of said Section 12, a distance of 530.06
feet to the point of beginning of said line to be described; thence South 03
degrees 01 minutes 32 seconds East to a point 100.00 feet at right angles'
from the South Line of said Section 1, and said line there terminating.
3