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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 ., tA' , 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 . ....-----..--..-------~1.t_-~'tr-_. ~~~ 4 .. ". .. ! I 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_-_. .NJ.'''. 't:.r.VN "lll."l._.u. - .-"-----.1 1ft ~~~;;~:~~~:~~= 1. My CommlUlon EJptr...Ian. 31. 2010 "'~-"_.~~._"'''~V'~~-_1-''' -NJo,PtJ.Nt:. ~~~ 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 ~~~~ t '.- .. ~ "-"" 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:'';'~#'' .- -.... ..".. ~ ,-,- ~ 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 .- ..,.;- . .... . 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''''' w'" ". , ' .01' . .'9 a'" .. '. ~"" 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~~