157035
CORRECTIVE
GRANT OF TEMPORARY AND PERMANENT EASEMENTS
This Corrective Grant of Temporary and Permanent Easements is given
to correct the legal description of the property used in a former Grant of
Temporary and Permanent Easements between the parties hereto, dated
February 13, 2006, and recorded in the Office of the Registrar of Titles for
Carver County, Minnesota, on February 15, 2006, as Document No. T 157035.
PAUL T. EIDSNESS and ANDREA S. EIDSNESS f/k/ a ANDREA S.
JOHNSON, 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, andthrough 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 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"].
2
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 City, its successors and assigns, that they are well seized in
fee title of the above described Permanent and Temporaxy 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.
3
IN TESTIMONY WHEREOF, the Grantors hereto have signed this
I'I~
document this _ day of -:f\J .,;-c...- , 2006.
GRANTORS:
~~
Paul T. Eidsness
--=::>
-:::>
~
Andrea S. Eldsness
f/k/ a Andrea S. Johnson
STATE OF MINNESOTA]
Ilav'lYc/JIN ] ss.
COUNTY OF-CARVER ]
The foregoing instrument was acknowledged before me this 1'11/1 day
of June, 2006, by Paul T. Eidsness and Andrea S. Eidsness, f/k/a Andrea S.
Johnson, husband and wife, Grantors.
.dJ~IJ!MA~,q~
Not blic
THIS INSTRUMENT WAS DRAFTED BY:
Rice Law Firm, Chartered
525 West 78th Street, Suite 201
P.O. Box 1180
Chanhassen, Minnesota 55317-1180
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. My Commission Esplin Jan. 31. 2010
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EXHIBIT "A"
TO
CORRECTIVE
GRANT OF TEMPORARY AND PERMANENT
EASEMENTS (PARCELS 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 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 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 evidenced 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 100.25 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:
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 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 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 evidenced 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 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 100.25 feet at right angles from the South Line of said Section 1,
and said line there terminating.
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