Recorded Documents 6-16-06
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetseh
Jocl J. Jamnik
Andrea McDowell Poehler
!-.htthew K. Brold"
John f. Kclly
Sorell M. Mattick
Henry A. Schaeffer, III
Alina Schwartz
Craig R. McDowell
Marguerite 1\1. McCarron
Gina M. Brandt
. Also Licensed in W'isconsin
1380 Corporate Center Curve
Suite 317 . Eag:m, MN 55121
651-452-5000
Fax 651-452-5550
www.ck-bw.com
Professional Association
***
Direct Dial: (651) 234-6222
E-mail Address:snelson(ii)ck-Iaw.com
August 10, 2006
Ms. Kim Meuwissen
Chanhassen City Hall
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RE: CHANHASSEN - RECORDED DOCUMENTS
~ Eidsness Lot Split - Corrective Documents
Dear Kim:
Enclosed please find the following documents which have been recorded with Carver County in
connection with the above matter:
1) Corrective Notice of Land Combination for Zoning Purposes was recorded on June
16,2006 as Torrens Document No. T158743.
2) Corrective Development Contract and Special Assessment Agreement was recorded
on June 16, 2006 as Torrens Document No. T158744.
3) Corrective Grant of Temporary and Permanent Easements was recorded on June 16,
2006 as Torrens Document No. T158745.
4) Corrective Grant of Permanent Easement for Parcel A was recorded on June 16,2006
as Torrens Document No. T158746.
5) Corrective Grant of Permanent Easement for Parcel B was recorded on June 16,2006
as Torrens Document No. T158747.
6) Corrective Quit Claim Deed from Eidsness to Eidsness for the lakeshore parcel was
recorded on June 16,2006 as Torrens Document No. T158748.
7) Corrective Quit Claim Deed from Eidsness to Eidsness for the Carver Beach Road
parcel was recorded on June 16,2006 as Torrens Document No. T158749.
8) Corrective Declaration of Easement for Driveway and Access and Amendment of
"Road Agreement" was recorded on June 16, 2006 as Torrens Document No.
T158750.
Regards,
CAMPBELL KNUTSON
Professional Association
SRN:ms
Enclosures
cc: Sharmeen AI-Jaff (letter only)
. '. 11",
Document No.
T 158743
I11III1I111 C~~~~~~~~~TY. MINNESOTA
Cert. # 29105 Fee: $ 48.00
J~S:~
Certified Recorded on 06-16-2006 at '02:00 D AM ~ PM
~
OFFICE OF THE
REGISTRAR OF TITLES
2006-06-16
111111 UIIIII~1I111
Carl W. Hanson, Jr.
Registrar of Titles
FILE NO.: 2006-02
PROPERTY OWNERS: Paul T. Eidsness and Andrea S. Eidsness
LEGAL DESCRIPTION: See attached Exhibit "A"
CORRECTIVE
NOTICE OF LAND COMBINATION FOR ZONING PURPOSES
DATE:
February 10, 2006
LEGAL DESCRIPTION: Attached Exhibit "A"
This Corrective Notice of Land Combination for Zoning Purposes is given to
correct the legal description of the property used in a former Notice of Land
Combination for Zoning Purposes 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 157033.
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#
'. ""
~C~,~ ~~
Sharmin AI-Jaff, Senior Planner
STATE OF MINNESOTA]
] ss
COUNTY OF CARVER ]
The foregoing instrument was acknowledged before me this 1St!, day
of June, 2006, by Sharmin AI-Jaff, Senior Planner for the City of Chanhassen.
N~~
~
THIS INSTRUMENT DRAFTED BY:
Rice Law Firm
525 West 78th Street, Suite 201
P.O. Box 1180
Chanhassen, Minnesota 55317-1180
j ~ · ~ KAREN J. ENGELHARDT j
~. Notary Public-Minnesota
< 0;;.. My Commission Expires Jan 31, 2010
2
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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 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
~... ,.. ..." r'
East, from the point formed by the intersection of the center lines of Fem
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.
Page A - 2
'* ~~Y"'\
'l .
Document No. OFFICE OF THE
T 158744 REGISTRAR OF TITLES
1111II111111 CARVER COUNTY, MINNESOTA
~~~#2~~~~ Fee $ 48.00
Certified Recorded on 06-16-2006~1>2:00 D AM !$I PM
1I111111illllllll ~:~:~~;~r
CORRECTIVE
DEVELOPMENT CONTRACT
AND
SPECIAL ASSESSMENT AGREEMENT
Corrective Development Contract and Special Assessment Agreement
dated June 14, 2006, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation ["City"]; and PAUL T. EIDSNESS and
ANDREA S. EIDSNESS f/k/a ANDREA S. JOHNSON, husband and wife,
[hereinafter referred to as the "Developer"].
This Corrective Development Contract and Special Assessment
Agreement is given to correct the legal description of the property used in a
former Development Contract and Special Assessment Agreement 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 157034.
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 $2,383
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.
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.
2
tT I .,.
IN WITNESS WHEREOF, this Corrective Development Contract and
Special Assessment Agreement was executed by the parties the day and year
first above written.
CITY OF CHANHASSEN
BY~ A_';~l
Thomas A. Furlong, Mayor
odd Gerhardt, City Manager j Clerk
DEVELOPER:
~~
~
Paul T. Eidsness
~~
Andrea S. Eidsness
fjkja Andrea S. Johnson
STATE OF MINNESOTA]
] ss.
COUNTY OF CARVER ]
The foregoing instrument was acknowledged before me this I~ ~ day
of June, 2006, by Thomas A. Furlong and by Todd Gerhardt, respectively the
Mayor and City Manager j 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.
~
3
, . l
STATE OF MINNESOTA]
IIcNN~P/tJ ] ss.
COUNTY OF CARVER ]
The foregoing instrument was acknowledged before me this 1'1117 day
of June, 2006, by Paul T. Eidsness and Andrea S. Eidsness, f/k/a Andrea S.
Johnson, husband and wife.
~~rci<<~J~
DRAFTED BY:
Rice Law Firm, Chartered
525 West 78th Street, Suite 201
P.O. Box 1180
Chanhassen, Minnesota 55317-1180
.~---------------_._---_._-------~.
len9 u...SHEllY.MARiejACK.SON I
NOTARY PUBUC.M1NNESOTA
.. .., Comnliulon EJplr....... 31. Z01D
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~~~
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EXHIBIT "A"
TO
CORRECTIVE
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 Govemment 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
Govemment 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 Fem
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
.. .., ... tl'
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.
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 .
Page A - 2
. .
Document No. OFFICE OF THE
T 158745 REGISTRAR OF TITLES
1111111111111 C~~~~~ ~~~~TY. MINNESOTA
Cert. # 3253~ Fee: $ 48.00
Certified Recorded on 06-16-200s'3aA>2:00 0 AM ~ PM
1111111111111111
r:D
Carl W. Hanson, Jr.
Reg istrar of Titles
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 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.
3
IN TESTIMONY WHEREOF, the Grantors hereto have signed this
/LI~
document this _ ( day of -:r \J ,IJ<....- , 2006.
GRANTORS:
~~
Paul T. Eidsness
~
-;>
M
Andrea S. Eldsness
fjk/ a Andrea S. Johnson
STATE OF MINNESOTA]
llavlYcfJlN ] ss.
COUNTY OF-cARVER ]
The foregoing instrument was acknowledged before me this / L/ 1/1 day
of June, 2006, by Paul T. Eidsness and Andrea S. Eidsness, fjkj a Andrea S.
Johnson, husband and wife, Grantors.
.x!J~ '1J(M,,~J7~AA7--
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
~~ua___----_U_-_.
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1ft ~~~;;~:~~~:~~=
1. My CommlUlon EJptr...Ian. 31. 2010
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~~~
4
. .
. ' . I
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
. 0
. .
t. I ' I
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.
Page A - 2
. '
"
Document No. OFFICE OF THE
T 158746 REGISTRAR OF TITLES
I11II1I11111 C~~~~~ ~~~~TY, MINNESOTA
Cert. # 3253:s,g Fee: $ 48.00
Certified Recorded on 06-16-20063cft'1>'1:00 0 AM III PM
11111 I fmln III 1111
~
Carl W. Hanson, Jr.
Registrar of Titles
CORRECTIVE
GRANT OF PERMANENT EASEMENTS
This Corrective Grant of Permanent Easements is given to correct the
legal description of the property used in a former Grant of 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 157036.
PAUL T. EIDSNESS and ANDREA S. EIDSNESS, fJkJ 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 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 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 J~\!:l day of 3 <.J.V-<.-
, 2006.
G~
~
Paul T. Eidsness
dNJ4
Andrea S. Eidsness
f/k/ a Andrea S. Johnson
2
, .
STATE OF MINNESOTA]
IIr/{EPIN ] ss.
COUNTY OF eVER ]
The foregoing instrument was acknowledged before me this 1'1-111 day
of June, 2006, by Paul T. Eidsness and Andrea S. Eidsness, fJkJa Andrea S.
John~on, husband and wife, Grantors.
~~~
THIS INSTRUMENT WAS DRAFTED BY:
Rice Law Firm, Chartered
525 West 78th Street, Suite 201
P.O. Box 1180
Chanhassen, Minnesota 55317-1180
... __......... --...-... ..-----.... -....- ....WJ!"..ti.,Uw.
--------=== I
Ie...:="'~~.
3
EXHIBIT "A>>
TO
CORRECTIVE
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 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 I~i,f,le of~H;4,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, 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.
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 of 900.59 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 of 3.32 feet to
a line 100.00 feet at right angles from the North Line of said Section 12,
and said line there terminating.
A-2
-t ~ ..<<.
. .
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.
Jf~.~
A-3
. .
. .
Document No. OFFICE OF THE
T 158747 REGISTRAR OF TITLES
II11I11111111 C~~~~~. ~~~~lY, MINNESOTA
Cert. # 29105 Fee: $ 48.00
Certified Recorded on 06-16-2~~O 0 AM IPI PM
1I1111Ufllllllllll
(~
Carl W. Hanson, Jr.
Registrar of Titles
CORRECTIVE
GRANT OF PERMANENT EASEMENTS
This Corrective Grant of Permanent Easements is given to correct the
legal description of the property used in a former Grant of 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 157037.
PAUL T. EIDSNESS and ANDREA S. EIDSNESS fJkJ 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
referreq 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 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
/'/ 7). ~
document this - day of J'h1/-<-. , 2006.
Paul.
sness
~ness
f/k/ a Andrea S. Johnson
2
STATE OF MINNESOTA]
lIe/tINe-p /lJ ] ss.
COUNTY OF CARVER ]
The foregoing instrument was acknowledged before me this /tff0 day
of June, 2006, by Paul T. Eidsness and Andrea S. Eidsness, f/k/a Andrea S.
Johnson, husband and wife, Grantors.
4J~7JJ,-Ijtr;z-'~-<MA L
Notary blic
THIS INSTRUMENT WAS DRAFTED BY:
Rice Law Firm, Chartered
525 West 78th Street, Suite 201
P.O. Box 1180
Chanhassen, Minnesota 55317-1180
.~.r.J.w.....>>..~.~V$MIt.
1ft SHEllY MARIE JACKSON I
. :=~B==~~~~o
."'------------------1Ar----------- .
- ----- -----....- -----------""
3
EXHIBIT "A"
TO
CORRECTIVE
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 Fem 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 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 recorded plat thereof.
AND
That part of Govemment 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 Fem 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 Fem
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
A-2
.
. .
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.
A-3
~~~~
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Sp L!;t oJ
PID# d-S" - () J d-j 1 vO
No delinquent taxes and transfer entered: Certificate of
Real Estate Value ( ) t-lIed ()c) Not Required
CRV#
Document No.
T 158748
11I1111111
OFFICE OF THE
REGISTRAR OF TITLES
CARVER COUNTY I MINNESOTA
Check # 15889
Gert. # 26940 Fee: $ 48.00
06-16-2006 at 02:00 D AM ~ PM
Certified Recorded on
Ix - jlp I 20 () It
MARK LUNDGREN. Carver County Auditor
By X!\ A~ Deputy
1II1IIn[lil~1I111
F\1
Carl W. Hanson, Jr.
Registrar of Titles
QUIT CLAIM DEED
IndividuaJ(s) to Joint Tenants
DEED TAX DUE: $ 1.6~ 14 2006
Date: une ,
FOR VALUABLE CONSIDERATION, Paul T. Eidsness and Andrea S. Eidsness, f1k/a Andrea S. Johnson, husband and wife
, Grantor(s),
Form No. 29-M
Minnesota Uniform
Conveyancing BJanks (1/15/97)
(Top 3 Inches Reserved for Recording Data)
(marital stalUS)
hereby convey(s) and quitclaim(s) to Paul T. Eidsness and Andrea S. Eidsness, Husband and Wife
, Grantees,
as joint tenants, real property in
Carver
County, Minnesota, described as follows:
See attached Exhibit A.
This Corrective Quit Claim Deed is given to correct the legal description of the property conveyed used in a former Deed 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 157038.
This Deed is given in consideration of $500.00 or less.
together with all hereditaments and appurtenances.
Cj).eck box if applicable:
IEJ The Seller certifies that the Seller does not know of any wells on the described real property.
D A well disclosure certificate accompanies this document.
D I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real
property have not changed since the last previously filed well disclosure ce~~
Paul T. Eidsness
-">
Affix Deed Tax Stamp Here
~~
An rea . Eidsness
flk/a Andrea S. Johnson
Deed Tax of $_ J. ~)
pa;d ~i1 --Y:lLl.O.j.f)J,L(Date)
Conservation Fee Paid
MARK LUNDGRJ~
STATE OF MINNESOTA Carver County Aud Jr
'-f. 5S.
COUNTYOF ~ I &NNGPIN
This instrument was acknowledged before me on ' JtI/7p I L/ d tJ.1?
, (Date)
, by
Paul T. Eidsness and Andrea S. Eidsness, flk/a Andrea S. Johnson, husband and wife
NafARIAL STAMP OR SEAL (OR afHER TIlLE OR RANK)
.
".~._~~I
, Grantor(s).
kn-
Check here if part or all of the land is Registered (Torrens) IKI
THIS INSTRUMENT WAS DRAFfED BY (NAME & ADDRESS):
Rice Law Firm, Chartered
525 West 78th Street, Suite 201
P.O. Box 1180
Chanhassen, Minnesota 55317-1180
Tax Statements for the real property described in this instrument
should be sent to (include name and address of Grantee):
Paul T. and Andrea S. Eidsness
4395 Trillium Lane West
Minnetrista, Minnesota 55364
_.._ 1
......... ~ ..
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.
X 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~U\P \~ 7.-DDb
BY~~~' ~~
Deputy Chanhassen City Clerk
Printed Name~hn..fW\'"t" -A.~:ff
.., ~''<''''i..t~'.th~."",~..,..:v,...#tI.jI.,.''''''~.1'>'''H.~''~~'"A'"'~~~
;, r "::", ') :'.' ':j';': "Jf Y I j ~!.,~: /(: ..:t\ ;,"
~ !Il>~';~:.:,.'..::.:.:.,;\.i \':;..:;:. \~'~t~p!;
< r, r" p ..,: n~~'."':. :0,' I.:> ~~~..-'t ~t '#'~r.=" ~
~ ,~",,~~';"';''''.''''~","~;;~~V.NV:'';'~#''
.- -....
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Eidsness Property
Easterly [Lake shore ] Parcel
That part of Govemment 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 Fem 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
Govemment 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 Fem
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.
Exhibit A
Hp2741.06.12.06.East
.-
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. ....
.
Dev\evn C..Q.. 0 ~ P ("tv; OVoc:J
5pl;t- o~ 5tl
PIO# ;)) - Q \<1. 1(D
No del;q~nt taxes and transfer entered: Certificate of
Real Estate Value ( ) rilf,O (~ Not R~guired
Document No.
T 158749
11I111111I1
OFFICE OF THE
REGISTRAR OF TITLES
CARVER COUNTY I MINNESOTA
Check # 15889
Cert. # 26940 Fee: $ 48.00
06-16-2006 at 02:00 0 AM ~ PM
CRV#
-
Certified Recorded on
lo - 1$ I 20 0 U
MARK LUNDGREN, Carver County Auditor
By ~ () A ~ ~ ).,r Deputy
1Ill1luW-lmlllll
@
Carl W. Hanson, Jr.
Registrar of Titles
QIDT CLAIM DEED
Individual(s) to Joint Tenants
DEED TAX DUE: $ 1.65
Date: . Tl1n~
FOR VALUABLE CONSIDERATION,
Fonn No. 29-M
(Top 3 Inches Reserved for Recording Data)
Minnesota UniConn
Conveyancing Blanks (1115/97)
1 4, 2006
Paul T. Eidsness and Andrea S. Eidsness, f/kJa Andrea S. Johnson, husband and wife
, Grantor(s),
(marital starns)
hereby convey(s) and quitclaim(s) to Paul T. Eidsness and Andrea S. Eidsness, Husband and Wife
as joint tenants, real property in
Carver
, Grantees,
County, Minnesota, described as follows:
See attached Exhibit A.
This Corrective Quit Claim Deed is given to correct the legal description of the property conveyed used in a former Deed 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 157039.
This Deed is given in consideration of $500.00 or less.
together with all hereditaments and appurtenances.
Cqeck box if applicable:
M The Seller certifies that the Seller does not know of any wells on the described real property.
o A well disclosure certificate accompanies this document.
o I am familiar with the property described in this instrument and I certify that the status
property have not changed since the last previously filed well disclosure certificate.
r of wells on the described real
~
Paul T. Eidsness
~1!
flkfa Andrea S. Johnson
Affix Deed Tax Stamp Here ./
Deed Tax of $~ I. ~ J
pa:d all _fJiLl!.js)~J!jDnto)
Conservation Fee Paid
M/l.RKLUNDGREN
STATE OF MINNESOTA v1fver County AllJr
j J ss.
COUNTY OF o\RVER (-{LAINE-PIN
-
This instrument was acknowledged before me on
,June- 1'1 d{){)0
~ (Date)
, by
Paul T. Eidsness and Andrea S. Eidsness, flkfa Andrea S. Johnson, husband and wife
NafARIAL STAMP OR SEAL (OR afHER TIlLE OR RANK)
.===
..________~-~~~~~."'.I
................-- - -----....---...... -,--------"..
. Grantor(s).
~~~~
SIGNA: OF NafARY UBUC OR arHER OFFICIAL
Check here if part or all of the land is Registered (Torrens) r&J
THIS INSTRUMENT WAS DRAFfED BY (NAME & ADDRESS):
Rice Law Firm, Chartered
525 West 78th Street, Suite 201
P.O. Box 1180
Chanhassen, Minnesota 55317-1180
Tax Statements for the real property described in this instrument
should be sent to (include name and address of Grantee):
Paul T. and Andrea S. Eidsness
4395 Trillium Lane West
Minnetrista. Minnesota 55364
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.
+ 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:~tJe \15,/ Zf)o6
BY~~~I\~ ~ .J
eputy Chan assen City Clerk
Printed Name~ ~~ 'N\ \ ( '\~{ff
',. ,...., ,"r,'r'1J',~,,<-!..."',.i"}\~,;..M'!;/'r.!-.J'~.r~V;~I"
i :;;~;:;;;.,';~:!.':~~?~:~~, ~~I
;;'>N>M~,'":M.'''''~h'''''
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Eidsness Property
Westerly [Carver Beach Road] Parcel
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.
Exhibit A
Hp2741.06.12.06.West
. .
Document No. OFFICE OF THE
T 158750 REGISTRAR OF TITLES
I11III1I11111 C~~~~~ ~~~~TY. MINNESOTA
Cert. # 32537",-'1- Fee: $ 48.00
_,~~S"OJ
Certified Recorded on 06-16-2006""'at 02:00 D AM ~PM
2006-06-16
11111111II11111111111
~
Cart W. Hanson, Jr.
Registrar of Titles
CORRECTIVE
DECLARATION OF EASEMENT for DRIVEWAY AND ACCESS
AND
AMENDMENT of "ROAD AGREEMENT"
This Declaration of Easement for Driveway and Access and
Amendment of "Road Agreement" is made this 14th day of June, 2006,
by Paul T. Eidsness and Andrea S. Eidsness, formerly known as
Andrea S. Johnson, husband and wife, hereinafter referred to as
Declarants.
This Correcti ve Declaration of Easement for Driveway and
Access and Amendment to Road Agreement is given to correct the
legal descriptions [Exhibit A and Exhibit B] used in a former
Declaration of Easement for Driveway and Access and Amendment of
"Road Agreement" executed and filed by Declarants, 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.
157040.
WHEREAS, This Declaration involves certain parcels of real
property located in the City of Chanhassen, County of Carver, State
of Minnesota, as described on attached Exhibit A and attached
Exhibit B; and
WHEREAS, Declarants are the owners of those certain parcels
described on Exhibit A and Exhibit B; and
1
WHEREAS, The easement for driveway and access herein created
and declared will benefit the parcel described on Exhibit B; and
WHEREAS, The easement for driveway and access herein created
shall be on and over that certain dri veway easement area as
described on attached Exhibit C; and
WHEREAS, That certain Road Agreement, filed as Document
No.T28873 in the office of the Registrar of Titles, Carver County,
Minnesota, is amended as herein provided;
NOW, THEREFORE, in consideration of the foregoing premises,
and in consideration of the mutual promises and covenants herein
set forth, and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the
following "Corrective Declaration of Easement for Driveway and
Access and Amendment of 'Road Agreement'" is hereby duly made,
executed, and delivered by Declarants.
1. Easement for Access to Road.
There shall be an Easement for Driveway and Access (both
ingress and egress, and both pedestrian and vehicular) from the
parcel described on Exhibit B to the pUblic roadway now known as
Carver Beach Road, over and across the Driveway Easement Area, as
described in attached Exhibit C.
2. Driveway Easement Area.
The Driveway Easement Area is legally described on attached
Exhibit C.
3. Benefited Parties.
The aforesaid Easement for Driveway and Access shall be for
the use and benefit of the owners of the parcel described in
Exhibit B attached hereto, and the mortgagees, successors, heirs,
and assigns of said owners.
4. Duration and Termination.
Said Easement for Driveway and Access herein created shall
continue until either:
[1] the date of completed installation of a paved public roadway
over the permanent easement parcel as described in that certain
document entitled "Grant of Temporary and Permanent Easements"
dated the 13th day of February, 2006, and executed and delivered
by Paul T. Eidsness and Andrea S. Eidsness, formerly known as
Andrea S. Johnson, husband and wife, as Grantors, in favor of the
2
city of Chanhassen, a municipal corporation under the laws of the
state of Minnesota, and duly filed in the Office of the Registrar
of Titles, Carver county, Minnesota on the 15th day of February,
2006, as Document No. T 157035; as corrected by "Corrective Grant
of Temporary and Permanent Easements" dated the IV day of
June, 2006, and executed and delivered by Paul T. Eidsness and
Andrea s. Eidsness, formerly known as Andrea s. Johnson, husband
and wife, as Grantors, in favor of the City of Chanhassen, a
municipal corporation under the laws of the state of Minnesota, and
duly filed in the Office of the Registrar of Titles, Carver County,
Minnesota on the 1(0 day of June, 2006, as Document No.
,/S87l.fS"""
.
,
OR
[2] the date of acquisition of direct access to a pUblic roadway
abutting a part of the real property described on Exhibit B;
whichever shall first occur. Upon such event occurring, the
Easement for Driveway and Access granted herein shall terminate and
all rights of driveway and access hereunder shall cease.
Said termination may be evidenced by the filing with the
Office of the Registrar of Titles, Carver county, Minnesota of an
Affidavit specifying such event causing termination and the fact
of its occurrence.
5. Appurtenant Easement.
The Easement for Driveway and Access herein created and
declared shall be appurtenant to the dominant estate until
terminated as herein provided.
6. Easement Not Exclusive.
The Easement for Driveway and Access herein created and
declared shall not be exclusive, and shall not preclude other uses
of the Driveway Easement Area, and shall not preclude other parties
from the use of the Driveway Easement Area.
7. BINDING EFFECT.
This Declaration of Easement for Driveway and Access and
Amendment of "Road Agreement" shall be binding upon and shall inure
to the benefit of the owners of the respective parcels and their
respective successors and assigns.
8. MAINTENANCE.
The owners of the real estate described on Exhibit B attached
hereto shall be responsible for maintenance, repair, and
reconstruction of the Driveway Easement Area, and for the costs and
3
. .
expenses thereof, and shall save and hold harmless the owners of
the real estate described on Exhibit A from any cost, liability,
judgment, or expense, inlcuding attorneys fees and court costs,
arising from any maintenance, repair, or reconstruction.
9. Insurance.
The owners of the real estate described on Exhibit B attached
hereto, shall maintain commercially reasonable liability insurance,
for any public liability exposure arising from the use of the
Driveway Easement Area.
The owners of the real estate described on Exhibit B attached
hereto, shall maintain commercially reasonable liability insurance,
for any public liability exposure arising from the use of the Road
as described in the aforesaid "Road Agreement" [Document No.
T28773].
The owners of the real estate described in Exhibit A shall be
named as additional insureds on said pOlicy or policies of
insurance.
10. Amendment.
This Instrument may be amended only by a written agreement
duly executed and delivered by the owners, and other parties in
interest, if any, of each of the parcels herein described.
11. Non-Merger.
Declarants intend that, notwithstanding the common ownership
of one or more parcels by the same person or persons or entity,
there shall be no merger of the fee and the servitude so as to
cause the elimination of the Easement for Driveway and Access
herein created and declared.
12. Termination of Easement Rights under "Road Agreement".
On the date of the termination of the Easement for Driveway
and Access created herein, which termination is provided in section
4 of this Declaration, all right of user and interest held by
owners, and those claiming under said owners, of the parcel of real
property described in Exhibit B attached hereto, in and to the
easement created in, and under that certain Document entitled "Road
Agreement", filed as Document No. T28773 in the Office of the
Registrar of Titles, Carver County, Minnesota, and the real estate
described in said Document No. T28773, shall cease and terminate,
without any action of any kind by any person.
4
, .
Said termination may be evidenced by the filing with the
Registrar of Titles, Carver County, Minnesota of an Affidavit
specifying such event causing termination and the fact of its
occurrence.
IN WITNESS WHEREOF, the Declarants have duly executed
delivered this Declaration of Easement for Driveway and Access
Amendment of Road Agreement. ~ ~ _
Paul T. Eidsness
-~
Andrea S. idness, formerly
known as Andrea S. Johnson
and
and
"
STATE OF MINNESOTA)
HWI'I~PIN) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
I Lf 'l-h
day of
JtLne..
, 2006,
by Paul T. Eidsness and Andrea S. Eidness, formerly known as Andrea
S. Johnson, Husband and Wife, Declarants.
dk~7Jk~Cfv~A/l--
NotarYt Public
THIS INSTRUMENT WAS DRAFTED BY:
.A,~V.VJ':_".-.V.-..ftf;~""'^v."~.
18 SHEllY MARIE JACKSON I
. NOTARY PUBUC.MINNESOTA
. My ColllllliUlon Explr...Ian. 31.Z010
W1f'J1LWJ1:P"'-"'" ~_-_UN" Jt.Nt.,VItN'J.f_.._~ yr..~.
RICE LAW FIRM, CHARTERED
525 West 78th Street
P.O. Box 1180
Chanhassen, Minnesota 55317-1180.
5
. .
, .
Eidsness Property
Easterly [Lake shore ] Parcel
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.
Exhibit A
Hp274 1.06. 12.06.LegDxnElyEZmt
. .
t. \ f
Eidsness Property
Westerly [Carver Beach Road] Parcel
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.
Exhibit B
Hp2741.06.12.06.LegDxnWlyEZmt
. ,
<'t. ...."..
DRIVEWAY EASEMENT AREA
The North 6.00 feet of Government Lot 6, section 12, Township
116, Range 23, Carver County, Minnesota, lying Easterly of Line A
and Westerly of Line B.
Line A described as follows:
commencing at the intersection of the North line of said Govermnent
Lot 6 and the centerline of Lakeview Drive as shown on the plat of
CARVER BEACH; thence Easterly along said North line, a distance of
500.00 feet to the point of beginning of said Line A; thence
southerly, deflecting to the right 90 degrees 00 minutes 00
seconds, a distance of 6.00 feet and said line there terminating.
Line B described as follows:
commencing at a point in the centerline 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 minute 32 seconds East to a point 100.00 feeet at right
angles from the North line of said section 12 and said line there
terminating.
Exhibit c
.f~~