HomeMy WebLinkAbout4.r. Cobblestone Lane Easement �
CITY OF ROSEMOUNT
EXECIITIVE S�RY FOR ACTION
CITY COUNCIL MEETING DATE: January 19, 1993
AGENDA ITEM: Cobblestone Lane Easement AGENDA SECTION:
Consent
PREPARED BY: Ron Wasmund AGENDA ,�j,p�� � � �
Public Works Director/Building Official � � i
ATTACffi�NTS: (3) Easements A.PP VED BY:
�.- - ��'
In October of 1992 I presented, for your review and appraval, an
easement agreement between the City of Rosemount and Jim Koestering ,
Homes. That agreement was to convey an easement from Jim Koestering
Homes to the City for the portion of the temporary cul-de-sac on the
north end of Cobblestone Lane which extends outside the dedicated
right-of-way. The legal description which accompanied that agreement
was not acceptable to the title company issuing the title insurance.
The buyer of the home affected by this encroachment has hired a
surveyor to write a new legal description and have had their attorney
draft a new easement agreement which is satisfactory to their title
company.
The title company for this closing is the same one that issued the
title insurance for the lot adjacent, which is ov+med by Mr &- Mrs.
Richard Hanson. Upon re-examination of the Hanson' s documents the
title company felt it was appropriate for an easement to be granted
for the same encroachment by the cul-de-sac into their lot. The same
attorney drafted a like agreement for the Hansons to use.
The last item of concern to the title company was the fact that both
the Hansons and the home now being sold by Koestering have driveways'
that cross City right-of-way north of the cul-de-sac to provide access
to and from the cul-de-sac.
The attached agreements describe and convey the necessary easements
including easements from each of the property owners to the City and
from the City to �he property owners for their driveways . The
agreements have been reviewed by all parties, including myself and
City Attorney Mike Miles. They provide for periodic review and are '
acceptable to all parties.
I recommend approval of the attached agreements.
RECOMMENDED ACTION: MOTION TO APPROVE THREE COBBLESTONE LANE EASEMENTS .
COUNCIL ACTION:
4
� •
EASEMENT AGREEMENT '
THIS INDENTURE made this day of , 19_, by '
and between Jim Koestering Homes, Inc. , formerly Custom Energy '
Homes, Inc. , a Minnesota corporation, hereinafter referred to as '
"Grantor(s) ", and the City of Rosemount, a municipal corporation ',
organized under the laws of the State of Minnesota, hereinafter
referred to as "Grantee" . Grantor(s) , in consideration of the sum '
of One Dollar ($1.00) and other good and valuable consideration to '
them in hand paid by Grantee, and the receipt and sufficiency of '
which is hereby acknowledgad, do hereby grant and convey to
Grantee, the right, privilege and easement to temporarily use and
occupy a right-of-way for public road, utility and drainage '
purposes over, across, on, under and through land situated within
the County of Dakota and State of Minnesota as described on '
attached Exhibit A ("right-of-way premises") ; '
Including the rights of the Grantee, its contractors, agents,
servants and assigns, to enter upon the right-of-way premises at
all reasonable times to construct, reconstruct, inspect, repair and '
maintain said right-of-way systems over, across, on, under and
through the right-of-way premises, together with the right to
grade, level, fill, drain, pave and excavate the right-af-way ,
premises, and the further right to remove trees, bushes, ,
undergrowth and other obstructions interfering with the location, '
construction and maintenance of said right-of-way systems.
Grantor(s) , for themselves, their successors and ass�gns, do '
covenant with Grantee, its successors and assigns, that they are '
well seized in fee titie of the above-described right-of-way ',
premises and have the sole right to grant and convey said premises
to Grantee. This grant of easement sha11 run with the land and '
shall be binding on and shall inure to the benefit of the parties,
their heirs, successors or assigns.
Subject to the provisians of paragraph 4 hereinafter, the ',
right, privilege and easement granted for temporary purposes shall
be extinguished immediately upon any of the following events, '
whichever occurs first: '
1. Grantee's adoption of a resolution vacating the right-of- '
way premises ("vacation resolution") ; or ,
2 . Grantee's adoption of a resolution determining that
Grantee will use and occupy the right-of-way premises on
a permanent basis for public road, utility and drainage
purposes ("permanent easement resolution") ; or
3 . Grantee's adoption of a resolution determining that
Grantee will improve, use and occupy any part of the
undeveloped right-of-way north of the circle which is
described in Exhibit A ("undeveloped right-of-way") for
public road, utility and drainage purposes. The
undeveloped right-of-way which is the subject of this
clause is described in paragraphs 1 - 4 of the attached
Exhibit B; or
4. If Grantee fails to adopt any of the resolutions set '
forth in paragraphs 1, 2 or 3 above within ten years
after the date of this aqreement, in such event, Grantee
shall review this Easement Agreement and shall, in its
. discretion, adopt one of the resolutions set forth in
paragraph 1-3 or adopt a resolution extending the term of
this Easement Agreement.
At the time Grantee adopts a permanent easement resolution
(under either paragraphs 2 or 3 above) , Grantor(s) agree to execute
an agreement conveying to Grantee a permanent easement for public
road, utility and drainage purposes, across, on, under and through
the above-described right-of-way premises.
2 ,
Grantee's adoption of a vacation resolution or permanent
easement resolution shall be evidenced by the filing of a copy of
such resolution, duly certified by Grantee, and filed in�the Office
of the County Recorder of Dakota County, Minnesota.
IN TESTIMONY WHEREOF, Grantor(s) have signed this agreement
the day and year first above written.
JIM KOESTERING HOMES, INC. ,
formerly CUSTOM ENERGY HOMES, INC• ,
a Minnesota corporation
By
James Koestering, Its President
STATE OF MINNESOTA) '
) ss. ,
COUNTY OF DAKOTA )
The foregoing instrument was acknowledge before me th�s� �e
day of , 19_, by James Koestering,
personally known to be the per'san a ed that he executed theusame as
foregoing instrument and acknowledg
the free act and deed of the corporation.
Notary Public (notarial stamp or seal}
3 ,
EXH�BZT A
That part of Lot 1, Block 1, CHELSEA WOODS ESTATES, according to
the recorded plat thereof, Dakota County, Minnesota, whieh lies '
within the circumferenee of a circle having a radius of 48.00 feet,
the center of which is described as follows:
Commencing at the intersection of the centerline of Cobblestone
Lane, of said CHELSEA WOODS ESTATES, and the north line of said
CHELSEA WOODS ESTATES; thence S 0°03 'S5" W a distance of 115.74 '
feet, thence southerly, along a tangential curve, concave to the
west having a radius of 230. 00 feet, a central angle of 23°39 '49",
a distance of 95.00 feet to the center of said circle.
ERHIBIT B
1. That part of Cobblestone Lane, CHELSEA WOODS ESTATES, ,
according to the recorded plat thereof, Dakota County, e
Minnesota, lying westerly of the following described line;
beginning at the intersection of the centerline of said
Cobblestone Lane and the north line of said CHELSEA WOODS
ESTATES; thence S 0°03 'S5" W along said centerline a distance
of 115.74 feet and there terminating.
2. That part of Cobblestone Lane, CHELSEA WOODS ESTATES, '
according to the recorded plat thereof, Dakota County,
Minnesota, lying easterly of the following described iine; '
beginning at the intersection of the centerline of said '
Cobb�estone Lane and the north line of said CHELSEA WOODS ,
ESTATES; thence S 0°03 '55" W along said centerline a distance ',
of 115.74 feet and there terminating. ,
3. That part of Cobblestone Lane, CHELSEA WOODS ESTATES, '
according to the recorded plat thereof, Dakota County,
Minnesota, lying westerly of the following described line. '
Commencing at the intersection of the centerline of said
Cobblestone Lane and the north line of said CHELSEA W0C7DS '
ESTATES; thence S 0°03 ' 55" W a distance of 115.74 feet to the
point of beginning of the line to be described; thence
southerly, along a tangential curve, concave to the west
having a radius of 230.02 feet, a central angle of 23°39 '49" ,
a distance of 95. 00 feet and there terminating. '
Except that part thereof which lies within the circumference
of a circle, having a radius of 48. 00 feet, the center of
which is the point of termination of the above described line. '
4 . That part of Cobblestone Lane, CHELSEA WOODS ESTATES,
-according to the recorded plat thereof, Dakota County, '
Minnesota, lying easterly of the following described line.
Commencing at the intersection of the centerline of said '
Cobblestone Lane and the north line of said CHELSEA WOODS
ESTATES; thence S 0°03 'S5" W a distance of 115.74 feet to the
point of beginning of the line to be described; thence
southerly, along a tangential curve, concave to the west '
having a radius of 230.02 feet, a central angle of 23°39 '49",
a distance of 95. 00 feet and there terminating.
Except that part thereof which lies within the circumference
of a circle, having a radius of 48. 00 feet, the center of '
which is the point of termination of the above described line.
EASEMENT AGREEMENT
Q THIS INDENTURE made this day of
, 19_, by
and between Richard D. Hanson and Vicky Lee Hanson, husband and
wife, as joint tenants, hereinafter referred to as "Grantor(s) ", '
and the City of Rosemount, a municipal corporation organized under
the laws of the 5tate of Minnesota, hereinafter referred to as
"Grantee", Grantor{s) , in consideration of the sum of One Dollar
($1. 00) and other good and valuable consideration to them in hand '
paid by the Grantee, and the receipt and sufficiency of which is '
hereby acknowledged, do hereby grant and convey to Grantee, the '
right, privilege and easement to temporarily use and occupy a
right-of-way for public road, utility and drainage purposes over,
across, on, under and through land situated within the County of
Dakota and State of Minnesota as described on attached Exhibit A
("right-of-way premises��) ;
Including the rights of the Grantee, its contractors, agents,
servants and assigns, to enter upon the right-of-way premises at
all reasonable times to construct, reconstruct, inspect, repair and
maintain said right-of-way systems over, across, on, under and
through the right-of-way premises, together. with the right to
grade, level, fill, drain, pave and excavate the right=of-way
premises, and the further right to remove trees, bushes, '
undergrowth and other obstructions interfering with the location,
construction and maintenance of said right-of-way systems.
Grantor(s) , for themselves, their successors and assigns, do '
covenant with Grantee, its successors and assigns, that they are
well seized in fee title of the above-described right-of-way
premises and have the sole right to grant and convey said premises
to Grantee. This grant of e�sement shall run with the land and '
shall be binding on and shall inure to the benefit of the parties '
hereto, their heirs, successors and assigns. ,
Subject to the provisions of paragraph 4 hereinafter, the
right, privilege and easement granted for temporary purposes shall '
be extinguished immediately upon any of the following events,
whichever occurs first:
1. Grantee's adoption of a resolution vacating the right-of-
way premises (��vacation resolution") ; or
2 . Grantee's adoption of a resolution determining that
Grantee will use and occupy the right-of-way premises on
a permanent basis for public road, utility and drainage '
purposes (��permanent easement resolution") ; or
3 . Grantee's adoption of a resolution determining that
Grantee will improve, use and occupy any part of the
undeveloped right-of-way north of the circle which is
described in Exhibit A ("undeveloped right-of-way"} for '
public road, utility and drainage purposes. The
undeveloped right-of-way which is the subject of this '
clause is described in paragraphs 1 - 4 of the attached
Exhibit B: or
4• If Grantee fails to adopt any of the resolutions set '
forth in paragraphs l, 2 or 3 above within ten years
after the date of this agreement, in such event, Grantee
shall review this easement agreement and shall, in its �
discretion, adopt one of the resolutions set forth in '
paragraphs 1-3 or adapt a resolution extending the term
of this Easement Agreement. '
At the time Grantee adopts a permanent easement resolution
(under either paragraphs 2 or 3 above) , Grantor(s) agree to execute
an agreement conveying to Grantee a permanent easement For public
road, utility and drainage purposes, across, on, under and through
the right-of-way premises.
2 I
Grantee's adoption of a vacation resolution or permanent '
easement resolution shall be evidenced by the filing of a copy of '
such resolution, d�ly certified by Grantee� and filed in the Office '
of the County Recorder of Dakota County, Minnesota.
IN TESTIMONY WHEREOF, the Grantors have signed this agreement ' �
the day and year first above written. '
Richard D. Hansan
Vicky Lee Hanson
STATE OF MINNESOTA)
) ss. '
COUNTY OF DAKOTA ) '
The foregoing instrument was acknowledge before me this
day of , 19_, by Richard D. Hanson and Vicky Lee
Hanson, husband and wife, to me personally known to be the persons
described in and who executed the foregoing instrument and '
acknowledged that they executed the same as their free act and '
deed. '
Notary Public (notarial stamp or seal) '
3
E%HIBIT A
That part of Lot 5, Block 2, CHELSEA WOODS ESTATES, according to
the recorded plat thereof, Dakota County, Minnesota, which lies
within the circumference of a circle having a radius of 48.00 feet,
the center of which is described as followss
Commencing at the intersection of the centerline of Cobblestone
Lane, of said CHELSEA WOODS ESTATES, and the north line of said
CHELSEA WOODS ESTATES; thence S 0°03 'S5" W a distance of -115.74
feet, thence southerly, along a tangential curve, concave to the
west having a radius of 230.00 feet, a central angle or 23°39 '49",
a distance of 95.00 feet to the center of said circle.
,
EXIiIBIT B
1. That part of Cobblestone Lane, CHEISEA WOODS ESTATES,
according to the recorded plat thereof, Dakota County,
Minnesota, lying westerly of the following described iir�e; '
beginning at the intersection of the centerline of said
Cobblestone Lane and the north line of said CHELSEA WOODS
ESTATES; thence S 0°03 'S5" W along said centerline a distance
of 115.74 feet and there terminating.
2. That part of Cobblestone Lane, CHELSEA WOODS ESTATES,
according to the recorded plat thereof, Dakota County, '
Minnesota, lying easterly of the following described line; '
beginning at the intersection of the centerline of said
Cobblestone Lane and the north line of said CHELSEA WOODS '
ESTATES; thence S 0°03 'S5" W along said centerline a distance
of 115.74 feet and there terminating. '
3 . That part of Cobblestone Lane, CHELSEA WOODS ESTATES,
according to the recorded plat thereof, Dakota County,
Minnesota, lying westerly of the following described line.
Commencing at the intersection of the centerline of said '
Cobblestone Lane and the north line of said CHELSEA WOODS '
ESTATES; thence S 0°03 'S5" W a distance of 115.74 feet to the
point of beginning of the line to be described; thence
southerly, along a tangential curve, concave to the west
having a radius of 230.02 feet, a central angle of 23°39 '49",
a distance of 95. 00 feet and there terminating.
Except that part thereof which lies within the circumference
of a circle, having a radius of 48.OD feet, the center of
which is the point of termination of the above described line.
4. That part of Cobblestone Lane, CHELSEA WOODS ESTATES, I
according to the recorded plat thereof, Dakota County,
Minnesota, lying easterly of the following described line.
Commencing at the intersection of the centerline of said '
Cobblestone Lane and the north line of said CHELSEA WOODS
ESTATES; thence S 0°03 '55" W a distance of 115.74 feet to the '
point of beginning of the line to be described; thence '
sautherly, along a tangential curve, concave to the west '
having a radius of 230. 02 feet, a central angle of 23°39 '49",
a distance of 95. 00 feet and there terminating.
Except that part thereof which lies within the circumference
of a circle, having a radius of 48. 00 feet, the center of
which is the point of termination of the above described line.
x
EASEMENT AGREEMENT
THIS INDENTURE made this day of , 19_, by '
and between the City of Rosemount, a municipal corporation
organized under the laws of the State of Minnesota, hereinafter '
referred to as the "Grantor" and Jim Koestering Homes, Inc. , ',
formerly Custom Energy Homes, Inc. , a Minnesota corporation,
Richard D. Hanson and Vicky Lee Hanson, hereinafter referred to as
°Grantees". The Grantor, in consideration of the sum of One Dollar '
($1. 00) and other good and valuable consideration to them in hand
paid by the Grantees, the receipt and sufficiency of which is '
hereby acknowledged, does hereby grant and convey to the Grantees,
their successors, heirs and assigns, a nonexclusive temporary '
driveway easement for ingress and egress over, across, under and
through land situated within the County of Dakota and State of
Minnesota as described in parcels 1 and 2 of the attached Exhibit ,
A ("easement premises'�) . '
The above-named Grantor, for itself, its successors and
assigns, does covenant with the Grantees, their successors and
assigns, that it is well seized in fea title of the above-described '
easement premises and has the sole right to grant and convey said
premises to the Grantees:� This grant of easement shall run with '
the land and shall be binding on and shall inure to the benefit of ' -
the parties, their heirs, successors and assigns.
Subject to the provisions of paragraph 3 herein, the right, '
privilege and easement granted for temporary purposes shall ;
extinguished immediately upon the occurrence of any of the '
following events, whichever occurs first: '
1. Grantor's adoption of a resolution vacating the easement '
premises (��vacation resolution") ; or '
2. Grantor's adoption of a resolution extinguishing the
temporary easement granted herein and determining that
Grantor will improve, use and occupy the easement '
premises on a permanent basis for public road, utility ,
and drainage purposes ("occupancy resolution") ; or ',
3. If Grantor fails to adopt any of the resolutions set '
forth in paragraphs 1 or 2 above within ten years after
the date of this agreement, in such event, Grantor shall '
review this easement agreement and shall, in its
discretion, adapt one of the resolutions set forth in '
paragraphs 1-2 or adopt a resolution extending the term
of this Easement Agreement.
Grantee's adoption of a vacation resolutian or permanent
easement resolution shall be evidenced by the filing of a copy of
such resolution, duly certified by Grantee, and filed in the Office '
of the County Recorder of Dakota County, Minnesota.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this
agreement the day and year first above written. '
CITY OF ROSEMOUNT, a Minnesota '
municipal corporation
By
Richard D. Hanson
Vicky Lee Hanson
Jim Koestering Homes, Inc. ,
formerly Custom Energy Homes,
Inc. , a Minnesota corporation '
By
James Koestering, Its President '
2
STATE OF MINNESOTA) ,
) ss. ,
COUNTY OF DAKOTA )
The foregoing instrument was acknowledge before me this
day of , 19_, by
to me personally known to be the person described in and who '
executed the foregoing instrument and acknowledged that he
executed the same as the free act and deed of the City of '
Rosemount, a Minnesota municipal corporation. '
Notary Public '
(notarial stamp or seal) '
STATE OF MINNESOTA) �
) ss. '
COUNTY OF DAKOTA )
The foregoing instrument was acknowledge before me this
day of , 19_, by Richard D. Hanson and Vicky Lee
Hanson, husband and wife, to me personally known to be the persons
described in and who executed the foregoing instrument and '
acknowledged that they executed the same as their free act and '
deed.
Notary Public
(notarial stamp or seal) '
STATE OF MINNESOTA) �
) ss.
COUNTY OF DAKOTA ) ,
The foregoing instrument was acknowledge before me this '
day of , 19_, by James Koestering, President of ',
Jim Koestering Homes, Inc. , formerly Custom Energy Homes, Inc. , a
Minnesota corporation, to me personally known to be the person '
- described in . and who executed the foregoing instrument and
acknowledged that _he executed the same as the free act and deed of
said corporation.
Notary Public
(notarial stamp or seal)
3
E%HIBIT A
Parcel 1
That part of Cobblestone Lane, CHELSEA WOODS ESTATES, according to ,
the recorded plat thereof, Dakota County, Minnesota, lying westerly ',
of the following described line. '
Commencing at the intersection of the centerline of said
Cobblestone Lane and the north line of said CHELSEA WOODS ESTATES;
thence S 0°03 'S5" W a distance of 115.74 feet to the point of '
beginning of the line to be described; thence southerly, along a
tangential curve, concave to the west having a radius of 230.OQ
feet, a central angle or 23 °39'49", a distance of 95. 00 feet and
there terminating. '
Except that part thereof which lies within the circumference of a
circle, having a radius of 48.00 feet, the center of which is the '
point of termination of the above described line.
Parcel 2
That part of Cobblestone Lane, CHELSEA WOODS ESTATES, according to
the recorded plat thereof, Dakota County, Minnesota, lying easterly
of the following described line. '
Commencing at the intersection of the centerline of said
Cobblestone Lane and the north line of said CHELSEA WOODS ESTATES;
thence S 0°03 '55" W a distance of 115.74 feet to the point of
beginning of the line to be described; thence southerly, along a '
tangential curve, concave to the west having a radius of 230. 00 '
feet, a central angle or 23 °39 '49", a distance of 95. 00 feet and '
there terminating. ',
Except that part thereof which lies within the circumference of a
circle, having a radius of 48. 00 feet, the center of which 'is the ',
point of termination of the above described line. '
, . ��
EASEMENT AGREEMENT
THIS INDENTURE made this day of January, 1993, by and
between the City of Rosemount, a municipal corporation organized
under the laws of the State of Minnesota, hereinafter referred to
as the "Grantor" and Jim Koestering Homes, Inc. , formerly Custom
Energy Homes, Inc. , a Minnesota corporation, Richard D. Hanson and
Vicky Lee Hanson, hereinafter referred to as "Grantees". The
Grantor, in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration to them in hand paid by the
Grantees, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant and convey to the Grantees, their
successors, heirs and assigns, a nonexclusive temporary driveway
easement for ingress and egress over, across, under and through
land situated within the County of Dakota and State of Minnesota as
described in parcels 1 and 2 of the attached Exhibit A ("easement
premises") .
The above-named Grantor, far itself, its successors and
assigns, does covenant with the Grantees, their successors and
assigns, that it is well seized in fee title of the abave-described
easement premises and has the sole right to grant and convey said
premises to 'the Grantees. This grant of easement shall run with
the land and shall be binding on and shall inure to the benefit of
the parties, their heirs, successors and assigns.
The right, privilege and easement granted for temporary
purposes shall extinguished immediately upan the occurrence of any
of the following events, whichever occurs first:
- . - • •
1. Grantor's adoption of a resolution vacating the easement
� premises ("vacation resolution") ; or
2. Grantor's adoption of a resolution extinguishing the
texaporary easement granted herein and determining that
Grantor will improve, use and occupy the easement
premises on a permanent basis for public road, utility
and drainage purposes ("occupancy resolution") .
Grantee's adoptiQn of a vacation resolution or permanent
aasement resolution shall be evidenced by the filing of a copy of
such resolution, duly certified by Grantee, and filed in the Office
of the County Recorder of Dakota County, Minnesota.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this
agreement the �day and year first above written.
CITY OF ROSEMOUNT, a Minnesota
municipal corporation
By
Richard D. Hanson Its
Vicky Lee Hanson
Jim Koestering Homes, Inc. ,
formerly Custom Energy Homes,
Inc. , a Minnesota corporation
By
James Koestering, Its President
- STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledge before me this
day of January, 1993, by , to me
personally known to be the person described in and wha executed the
foregoing instrument and acknowledged that he executed the same as
2
. _, •
the free act and deed of the City of Rosemount, a Minnesota
municipal corporation.
Notary Public
(notarial stamp or seal)
STATE OF MINNESOTA) _
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledge before me this
day of January, 1993, by Richard D. Hanson and Vicky Lee Hanson,
husband and wife, to me personally known to be the persons
described in and who executed the foregoing instrument and
acknowledged that they executed the same as their free act and
deed.
Notary Public
(notarial stamp or seal)
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledge before me this
day of January, 1993, by James Kaestering, President o€ Jim
Koestering Homes, Inc. , formerly Custom Energy Homes, Inc. , a
Minnesota corporation, to me personally known to be the person
described in and who executed the foregoing instrument and
acknowledged that he executed the same as the free act and deed of
said corporation.
Notary Public
(notarial stamp or seal)
Drafted by:
Phillips, Gross & Aaron, .P.A.
3900 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, NIlJ 55402
(612) 349-6786
3
_� w
EXHIBIT A
Parcel 1
That part of Cobblestone Lane, CHELSEA WOODS ESTATES, according to
the recorded plat thereof, Dakota County, Minnesota, lying westerly
of the following described line.
Commencing at the intersection of the centerline of said
Cobblestone Lane and the north line of said CHELSEA WOODS ESTATES;
thence S 0°03 'S5" W a distance of 115.74 feet to the point of
beginning of the line to be described; thence southerly, along a
tangential curve, concave ta the west having a radius of 230.00
feet, a central angle or 23°39 '49", a distance of 95.OU feet and
there terminating.
Except that part thereof which lies within the circumference of a
circle, having a radius of 48.00 feet, the center of which is the
point of termination of the above described line.
Parcel 2
That part of Cobblestone Lane, CHELSEA WOODS ESTATES, according to
the recorded plat thereof, Dakota County, Minnesota, lying easterly
of the following described line. -
Commencing at the intersection of the centerline of said
Cobblestane Lane and the north line of said CHELSEA WOODS ESTATES;
thence S 0°03 'S5" W a distance of 115.74 feet to the point of
beginning of the line to be described; thence southerly, along a
tangential curve, concave to the west having a radius of 230.-00
feet, a central angle ar 23°39 '49", a distance of 95.�0 feet and
there terminating.
Except that part thereof which lies within the circumference of a
circle, having a radius of 48.00 feet, the center of which is the
point of termination of the above described line. _
. ►
EASEMENT AGREEMENT
THIS INDENTURE made this day of January, 1993, by and
between Jim Koestering Homes, Inc. , formerly Custam Energy Homes,
Inc. , a Minnesota corporation, hereinafter referred to as -
"Grantor(s) '�, and the City of Rosemaunt, a municipal corporation
organized under the laws of the State of Minnesata, hereinafter
referred to as °Grantee". Grantor(s) , in consideration of the sum
of One Dollar ($1.00j and other good and valuable consideration to
them in hand paid by Grantee, and the receipt and sufficiency of
which is hereby acknowledged, do hereby grant and convey to
Grantee, the right, privilege and easement to temporarily use and
occupy a right-of-way for public road, utility and drainage
purposes over, acrass, on, under and through land situated within
the County of Dakota and State of Minnesota as described on
attached Exhibit A ("right-of-way premises") ;
Including the rights of the Grantee, its contractors, agents., �
servants and assigns, to enter upon the right-of-way premises at
all reasonable times to construct, reconstruct, inspect, repair and
maintain said right-of-way systems aver, across, on, under and
through the right-of-way premises, together with the right to
grade, level, fill, drain, pave and excavate the right-of-way
premises, and the further right to remove trees, bushes,
undergrowth and other obstructions interfering with the location,
construction and maintenance of said right-of-way systems. ,
Grantor(s) , for themselves, their successors and assigns, do
covenant with Grantee, its successors and assigns, that they are
well seized in fee title of the above-described right-of-way
premises and have the sole right to grant and convey said premises
to Grantee. This grant of easement shall run with the land and
shall be binding on and shall inure to the benefit of the parties,
their heirs, successars or assigns.
Subject to the provisions of paragraph 4 hereinafter, the
right, privilege and easement granted for temporary purposes shall
be extinguished immediately upon any of the following events,
whichever occurs first:
1. Grantee's adoption of a resolution vacating the right-of-
way premises (��vacation resolution") ; or
2. Grantee's adoption of a resolution determining that
Grantee will use and occupy the right-of-way premises on
a permanent basis for public road, utility and drainage
purposes (��permanent easement resolution") ; or
3. Grantee's adoption of a resol.ution determining that
Grantee will improve, use and occupy any part of the
undeveZoped right-of-way north of the circle which is
described in Exhibit A ("undeveloped right-of-way") for
public road, utility and drainage purposes. The
undevelaped right-of-way which is the subject of this
clause is described in paragraphs 1 - 2 of the attached
Exhibit B; or
4. If Grantee fails to adopt any of the resolutions set
forth in paragraphs 1, 2 or 3 above within ten years
after the date of this agreement, in such event, Grantee
shall review this Easement Agreement and shall, in its
discretion, adopt one of the resolutions set forth in
paragraph 1-3 or adopt a resolution extending the term of
this Easement Agreement.
At the time Grantee adopts a permanent easement resolution
(under either paragraphs 2 or 3 above) , Grantor(s) agree to execute
an agreement conveying to Grantee a permanent easement for public
road, utility and drainage purposes, across, on, under and through
the above-described right-of-way premises.
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Grantee's adoption of a vacation resolution or permanent
easement resolution shall be evidenced by the filing of a copy of
such resolution, duly certified by Grantee, and filed in the Office
of the County Recorder of Dakota County, Minnesota.
IN TESTIMONY WHEREOF, Grantor(s) have signed this agreement
the day and year first above written.
JIM KOESTERING HOMES, INC. ,
formerly CUSTOM ENERGY HOMES, INC. ,
a Minnesota corporation
By
James Koestering, Its President
CITY OF ROSEMOUNT, a Minnesota
municipal corporation
By
Its
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
' The foregoing instrument was acknowledge before me this
day of January, 1993, by James Koestering, to me personally known
to be the person described in and who executed the foregoing
instrument and acknowledged that he executed the same as the free
act and deed of the corporation.
Notary Public
(notarial stamp or seal) - _
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. .
STATE OF MINNESOTA)
) ss•
COUNTY OF DAKOTA ) -
The foregoing instrument was acknowledge before me this
day of January, 1993, by
personally known to be the person described in and who execut d the
foregoing instrument and acknowledged that he executed the same as
the free act and deed of the City of Rosemount, a Minnesota
municipal corporation.
Notary Public
(notarial stamp or seal)
Drafted by:
Phillips, Gross & Aaron, P.A.
3900 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, MN 55402
(612) 349-6786
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