88-027
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RESOLUTION NO. 27-88
A RESOLUTION APPROVING AN EASEMENT AGREEMENT WITH THE
CITY OF CHANHASSEN
WHEREAS, the City of Chanhassen desires to obtain an easement
over property owned by the City of Shorewood for the purpose of improving
Church Road as part of the MWOC Lake Virginia forcemain project; and
WHEREAS, the City desires to grant such easement, subject to
certain terms and conditions contained in the Easement Agreement attached
hereto and made a part hereof as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood:
1. That the Mayor and City Clerk are hereby authorized to
execute the said Easement Agreement.
2. That the City Clerk provide a certified copy of this
resolution for filing with the Carver County Recorder.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of
April, 1988.
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
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EASEMENT AGREEMENT
THIS INDENTURE made this
13th
day of
JUNE
, 1988,
by and between the CITY OF SHOREWOOD, a Minnesota municipal
corporation, hereinafter referred to as the "GRANTOR", and the
CITY OF CHANHASSEN, a municipal corporation organized under the
laws of the State of Minnesota, the Grantee, hereinafter referred
to as the "CITY".
The Grantor, in consideration of One Dollar ($1.00> and other
good and valuable consideration to it in hand paid by the City,
the receipt and sufficiency of which is hereby acknowledged, does
hereby grant unto the City, its successors and assigns, forever,
a permanent easement and right-of-way for public utilities,
street and drainage purposes over, across, on, under and through
land situated within the County of Carver and State of Minnesota
as described as follows:
The Easterly 17 feet of Lot 5, Schmid's Acre Tracts,
according to the recorded plat.
INCLUDING the rights of the City, its contractors, agents,
servants and assigns, to enter upon the easement premises at all
reasonable times to construct, reconstruct, inspect, repair and
maintain public utilities, street and drainage system over,
across, on, under and through the easement premises, together
with the right to grade, level, fill, drain, pave and excavate
the easement premises, and the further right to remove trees,
bushes, undergrowth and other obstructions interfering with the
location, construction and maintenance of said public utilities,
street and drainage systems.
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The above named Grantor, for itself, its successors, and
assigns does covenant with the City, its successors and assigns,
it is well seized in fee title of the above-described easement
premises and has the sole right to grant and convey the easement
to the City.
IN TESTIMONY WHEREOF, the parties hereto have signed this
Agreement the day and year first above written.
GRANTOR:
CITY OF SHOREWOOD
BY: .~.../J ~.2-<:~~
Robert Mayor
STATE OF MINNESOTA )
) SSe
COUNTY OF )
By:
Administrator
BY:
dLI- The fOJ;E instrument f!Js acknowledged before me this
/~ day of ~. , 19~ , by Robert Rascop, Mayor,
and by Daniel J,e/ Vogt, City Administrator, of the City of
Shorewood, a Mi nesota municipal corporation, on behalf of the
corporation and pursuant to the author' y granted by its City
Council.
STATE OF MINNESOTA
/.~~;..if;~\ SANDRA L. KENNELLY
~..!.!~tf NOTARY PUBLIC - MINNESOTA
\.~1)Y HENNEPIN COUNTY
. . ..../ My Commission Expires Aug, '4. 1911
I The forego1ng 1nstrument... e this
7~ ~
_ day of':>' (.{..j,tU , 19~, by Thomas L. Hamilton,
Mayor, and by Don)Ashworth, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City
Council. ,/ "~'" t. ,
j l ;' )'
{/'u-,-- ,...j ','-'ll,;',,:' LiJ..Lk;---
Not'ary ~ ~ic
t _",,/
SSe
COUNTY OF CARVER
~~' . '.... K' "--N. J E. ~'I"''''' 'J~r"1T
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CITY OF
CHAHHASSEH
\,._'1,.- .,
690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900
May l7, 1988
City of Shorewood
Attn: Mr. Daniel J. Vogt
City Administrator
5755 Country Club Road
Shorewood, MN 5533l
Re: Cathcart Park Easement Agreement
Church Road Improvement project
File No. 87-5
Honorable Mayor and City Council:
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As requested in your April l2, 1988 letter, the City of
Chanhassen, as reimbursement for granting an additional l7 feet
of roadway easement along Lot 5, Schmid's Acre Tracts, agrees to
do the following in conjunction with its Church Road improvement
projects:
l. The overhead NSP utility lines currently existing along the
west side of Church Road shall be buried and poles removed.
2. Any trees damaged during construction which are not compen-
sated by the Metropolitan Waste Control Commission will be
replaced with trees of equal caliper inch.
3. The realigned Church Road shall be moved no more than
necessary while keeping as reasonable a boulevard area as
possible.
4. The City of Chanhassen agrees to have installed a low-profile
(4-foot) chain link fence along the boundary of the park pro-
perty which abuts Church Road commencing at the southerly
edge of the existing backstop area and extending to within lO
feet of the southerly property line of Lot 5 (approximately
380 feet).
As consideration for the City of Shorewood granting the attached
easement agreement, the City of Chanhassen agrees to comply with
the above-mentioned conditions.
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Mr. Daniel J. Vogt
May 17, 1988
Page 2
As testimony to this commitment, the City of Chanhassen has
signed this letter agreement this ~\:;+day of May, 1988.
BY:
Attachment: Easement Agreement
CjJj
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