HomeMy WebLinkAbout95-07 Vacation see 96-009
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
ISSUES:
STAFF AGENDA REPORT
4 (b)
DEB GARROSS, DRC COORDINATOR
CONSIDER ADOPTION OF RESOLUTION 95-27 APPROVING THE
FINAL PLAT AND DEVELOPER'S AGREEMENT FOR KNOB HILL.
MAY 1, 1995
The purpose of this item is to consider approval of the final plat and
developer's agreement for Knob Hill. Gold Nugget Development Inc.,
represented by Wayne Fleck, has filed for final plat approval of the first
phase of development, consisting of approximately one third of the
ninety-six acre site. The final plat of Knob Hill, (see attached drawings for
reference to the final plat), has been reviewed according to City Council
Resolution 94-46, (approving the preliminary plat), and Subdivision
Ordinance 87-10 Procedures and Data required for Final Plat. 5l draft copy
of tIU devefoper's agreement lias 6un prepared 6y Pau{ '13oettcfter and (jCenn '.J(f.sseC and is
attculUd for Counci{ review. 'Ilie signed devefoper 's agreement will 6e forwarded to tIU City
CounciC under separate cover.
The Knob Hill project dates back to 1993 when developer, Wayne Fleck
first approached the City with a concept plat. The project required two
Comprehensive Plan Amendments, a rezoning, cul-de-sac length, lot
width and setback variances as well as preliminary plat approval. The
developer was represented by its Engineer, Wayne Tauer of Pioneer
Engineering, throughout the entire preliminary plat process. The history
of public hearings, Planning Commission and City Council actions related
to the project is attached as Exhibit A.
The preliminary plat of Knob Hill indicates the 96 acre site is to be
developed with a total of 173 single family lots; 2 neighborhood parks, 2
collector streets, (Carriage Hills Parkway and Pike Lake Trail), trails and
sidewalks, and a linear park/trail system adjacent to the wetlands located
on the northeast part of the subdivision.
The final plat of Knob Hill is the first phase of the development and
contains 49 single family lots; Carriage Hills Parkway which will be
developed with a trail and sidewalk; a sidewalk located adjacent to the
north part of Bluebird Trail, running south along Rosewood Road; and a
trail between Lots 3 and 4, Block 1 to provide a pedestrian link from
Bluebird Trail to the future neighborhood park, (Outlot D).
Two issues related to the preliminary plat approval effect the final plat:
1) Resolution of title issues related to existing Chatonka Beach
Trail. (See Exhibit B for a summary of resolution of the title
issues.
-1-
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
Please note, the revised Commitment of Title Insurance and
letter of acceptance by Glenn Kessel was not available as of
the date of this agenda report. The Commitment of Title
Insurance, letter from Glenn Kessel and copy of the letter to
be mailed to Chatonka Beach Residents will be forwarded to
the Council under separate cover.
2) Payment of $23,109.00 dolla~s in lieu of paving the quarter mile
section of Pike Lake Trail, located north of the plat boundary.
At the time of preliminary plat approval, the City required, (Condition 23,
Resolution 94-46) that Pike Lake Trail, located north of the plat, be paved
on an interim basis. The purpose of the interim paving was to provide for
adequate access to the subdivision site. Since that time, Pike Lake Trail
has been added to the City's Municipal State Aid, (MSA), system. The
interim paving condition is not consistent with MSA standards.
Staff is concerned about potential City liability should the City accept a
temporary pavement section on Pike Lake Trail, as originally required for
preliminary plat approval. As an alternative, a cost estimate to provide
grading, crushed rock and pavement of Pike Lake Trail was prepared.
The recommendation from staff is that the City Council consider receipt of
a payment in the amount of $23,109.00, as part of the developer's
agreement, in lieu of requiring interim paving of the north 1/4 mile of Pike
Lake Trail. The attached developer's agreement was written according to
the staff recommendation.
The developer was required to submit a transportation and access plan
indicating how access will be maintained during the development of
subsequent phases of the project. The access plan recommended by
staff, requires the developer to pay the $23,109.00 dollar fee. The main
access to the project as well as for residents of the Chatonka Beach
neighborhood, will be via Carriage Hills Parkway.
The route is recommended by the City Engineer in order to provide
access to C.R. 21, which has a lesser, projected average daily trips,
(ADT), than C.R. 42. In addition, traffic will be routed via C.R. 21 to the
controlled, (stop light) intersection at C.R. 42, rather than the current
uncontrolled Pike Lake Trail intersection. Pike Lake Trail located north of
the Knob Hill plat will be posted for no through traffic, in order to
discourage use of the gravel road. Pike Lake Trail will remain open from
C.R. 42 to the Ed Vierling property in order to provide access to residents
of the Maple Hill neighborhood.
The conditions placed upon the preliminary plat have been satisfied or will
be accounted for in the developer's agreement and Resolution 95-27
approving the final plat. See Exhibit C for a summary of the preliminary
plat conditions and checklist related to phase one of the development.
The developer's agreement specifies that the developer is responsible for
installation of all utilities, streets, park trails and other improvements as
specified by the Subdivision Ordinance. Engineering staff will be present
at the meeting to review details of the developer's agreement with the
Council if requested.
1.
Adopt Resolution 95-27 approving the final plat of Knob Hill and
the attached developer's agreement.
-2-
2. Table or continue this item for specific reasons as determined by
the City Council.
RECOMMENDATION: Alternative #1.
ACTION REQUIRED: A motion as part of the Consent Agenda to adopt Resolution 95-27
,approving the final plat and developer's agreement for Knob Hill.
,
Reviewed By: Frank Boyles, City Manager
.FP05CC.
-3-
)W
.SU05RS.
RESOLUTION 95-27
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL SETTING FORTH CONDITIONS TO BE MET
PRIOR TO RELEASE OF THE FINAL PLAT OF KNOB HILL.
MOTION BY: SECONDED BY:
WHEREAS, the City Council has approved the preliminary plat of Knob Hill on August 1, 1994
according to the provisions of Resolution 94-46; and
WHEREAS, The following variances were granted as part of the preliminary plat approval for Knob
Hill:
1. 10' Front yard setback variance from the 85' setback requirement form the
centerline of Pike Lake Trail for Lots 1-4, Block 14, (preliminary plat).
2. 40' Lot width variance for Lot 6, Block 2, Knob Hill.
3. 410' Cul-de-sac length variance for Street I, (preliminary plat).
4. Variance to allow Butterfield Court and Hemlock Circle, without installation of
temporary turn arounds provided adjacent lots do not contain driveway
connection to the aforementioned streets and that both streets be posted with
"No Outlet" signs.
WHEREAS, the City Council has found the final plat of Knob Hill to be consistent with the approved
preliminary plat.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that
it should and hereby does require the following conditions to be met, prior to release of, and recording of
said plat:
1. The Commitment of Title Insurance be revised and acceptable to the City Attorney.
2. Payment of all fees including but not limited to: trunk sewer charge, storm water management
fee, collector street fee and all other fees associated with the developers agreement. (See
attached Memo from Ralph Teschner, Finance Director for the assessment-fee review for Knob
Hill).
3. The developer's agreement, as drafted by the City Engineer, shall be signed and fully executed
prior to the release of the final plat. All fees shall be paid prior to release of the final plat.
4. Reductions of the entire plat be submitted, to the following scales: 1"-800', 1"-200', and one
reduction at no scale which fits onto an 8 1/2" x 11" sheet of paper.
5. Four mylar sets of,the final plat with all required signatures be submitted.
6. Lot 5, block 1, be adjusted to provide the required 103.2' lot width on the south side of the corner
lot.
7. A complete set of construction plans and specifications for all public works facilities for
subdivision be submitted in accordance with the requirements of the "Public Works Design
Manual."
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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8. The watermain size within Carriage Hills Parkway has yet to be determined. Possible oversizing
may be required to allow fire flow to the vacant parcel located northwest of the plat. The City shall
determine the proper size and reimburse the developer for any oversizing greater than 8".
9. A separate sidewalk easement be submitted which provides an 8' boulevard adjacent to Bluebird
Trail and Rosewood Road.
10. The City will require that the alignment at the intersection of Beach Street and Rosewood Road
contain a 65' radius centerline. The developer shall provide additional right-of-way or an
easement for this purpose.
11. The developer shall submit a copy of, and agree in writing, to distribute literature to future buyers
of lots which indicate the sidewalk and neighborhood park locations approved as part of the
development.
12. The final plat and all pertinent documents must be filed with Scott County within 60 days from the
date of final plat approval. Failure to record the documents by July 1, 1995, will render the final
plat null and void.
Passed and adopted this 1 st day of May, 1995.
YES
NO
Andren
Greenfield
Kedrowski
Schenck
Scott
Andren
Greenfield
Kedrowski
Schenck
Scott
Frank Boyles
City Manager
City of Prior Lake
{Seal}
'FPOSRS'
"FP05El"
April 24, 1995
ISSUE 1: RESOLUTION OF TITLE ISSUES RELATED TO THE FINAL PLAT
The issue related to title has been resolved per the attached Commitment of! Title Insurance and letter
from Glenn Kessel. To summarize, there was an overlap of two legal descriptions which occurred prior to
1955 between the two parcels of property indicated on the attached map.
The property legal description for the Knob Hill site, parcel # 25-926-007-0 was created first,
(approximately 1930's), and is therefore considered by the Title Company to be the "superior"
description. The legal description for the Knob Hill site, (parcel 25-926-007-0), was prepared by
measuring from west to east. The east point being Chatonka Beach Trail. The legal description for the
Marian Carpenter Andren property, (parcel 25-926-018-0), was prepared later, (1950's), by measuring
from east to west. The west point being Chatonka Beach Trail. The language of the two legal
descriptions overlapped in the vicinity of Chatonka Beach Trail.
The overlap in title was resolved by the exchange of deeds between parties representing Marian Carpenter
Andren and Gold Nugget Development.
ISSUE #2: RESOLUTION OF TITLE ISSUES RELATED TO PERSONS HAVING AN
INTEREST IN EXISTING CHATONKA BEACH TRAIL:
City Council Directive 94-86 states "Assure that title opinion is received with respect to Chatonka Beach
Trail which is shared with residents and resolves all ownership issues permanently." The acceptance of
the commitment of title insurance by Glenn Kessel, satisfies a condition of preliminary and final plat
approval for Knob Hill.
The purpose of Directive 94-86 was two fold: 1) to identify persons having an interest in the property
legally described in the preliminary plat of Knob Hill, 2) to clarify easement/ownership issues as well as
the intended disposition of existing Pike Lake Trail and Chatonka Beach Trail as it relates to the
preliminary plat.
The north/south section of Chatonka Beach Trail contains two separate easements in favor of the City of
Prior Lake, for utility and road purposes.
a. The north/south section of existing Chatonka Beach Trail containing 16.5', and shown on the
final plat as an "Exception", contains a permanent easement (#84-5) for road and public utility
purposes, in favor of the City of Prior Lake. See Larry Anderson, City Engineer, for
Condemnation Court File No. 86-01188. The City also has permanent easement (#84-08) for
road and public utility purposes, in favor of the City of Prior Lake over the 16.5' strip. See Larry
Anderson, City Engineer for permanent easement #84-08.
b. The underlying fee title for the 16.5' section of existing Chatonka Beach Trail is unknown. The
developer has shown it as an "Exception" on the final plat of Knob Hill and claims no title to the
16.5' road.
Preliminarv and Final Plat Imoae!:
The preliminary and final plat of Knob Hill indicate that the 16.5' easement, described in item (a.) above,
is located outside of all proposed platted lots. The identification of the 16.5' easement as an "Exception"
indicates that the developer has. not made any claims to the 16.5'easement area. The preliminary and final
plat do not impact the existing ownership nor easement rights associated with the north/south section of
Chatonka Beach Trail described in item (a. above).
Ultimate use:
The gravel section will remain in place however, the City of Prior Lake will stop maintenance and snow
removal on this section once permanent streets are built within the Knob Hill plat.
Public Utilities are located within the 16.5' road. Staff recommends as a separate action from the final
plat, that the City Council schedule a public hearing, to consider vacation of any public interest in the
16.5' road, subject to reserving e:asement rights for public utility purposes.
Some residents expressed interest in the City creating a trail system along the existing alignment. Park
Director, Bill Mangan, identified during the public hearing, that the City would consider installation and
maintenance of a trail over the section. In order to implement the trail plan, all owners or persons having
an interest in the section would have to grant an easement or quit claim deed to the City of Prior Lake for
trail purposes.
ISSUE 3: RESOLUTION OF ACCESS ISSUES RELATED TO PIKE LAKE TRAIL
Pike Lake Trail:
Pike Lake Trail located south of C.R. 42 is a gravel road, of which approximately lI8 mile, located
within the plat of Maple Hill, has been dedicated to the public. The south 1/4 mile and east/west 1/2 mile
of Pike Lake Trail is located within the legal description of the preliminary plat of Knob Hill. The City of
Prior Lake has maintained and provided snowplow services to Pike Lake Trail since annexation to the
City in 1973. The rights of "others" to use an east/west access must be retained. The east/west access to
persons owning property in the areas adjacent to the plat of Chatonka Beach will be maintained via
installation of Carriage Hills Parkway. The Title Company indicated that the underlying fee title to the
existing east/west section of Pike Lake Trail will revert to the current owner, Gold Nugget Development
Inc ..
Final Plat Imoact:
The final plat of Knob Hill indicates that Pike Lake Trail right-of-way will be dedicated to the City of
Prior Lake.
**Please note, the developer, Gold Nugget Development Inc., has petitioned the
court to register the southern one third of the subject site. The torrens
process will provide a clear, simple, Certificate of Title which will streamline
future transfer of title for the subject site. Once complete, a torrens
certificate indicating the legal description, property owners and any
easements of record will appear on the certificate. This will avoid the type of
title problems associated with the platting of Knob Hill. The registration
process does not impact the preliminary nor final plat of Knob Hill.
Correspondence
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p~ 00.: 31-926007-0
OWNER: ueonard Grassini
Fred Grothe
15303 Edgewater Circle N.E.
Prior Lake, Minnesota 55372
~CN OF EASEMENr:
A tenp>rary easement for p.1blic utility and roadway purposes
over, under, and acrosS the east 16.50 feet of the north 17 acres
of the west 23.8 acres of Gove..........t Lot 3, section 26,
Township 115, Range 22, Scott County, Minnesota.
Said tenp>rary easement cootainS 16,638 square feet or 0.38 acres
~re or less.
'J.'hia grant of e.:uM!IlI8\t shall run with the land and shall be
binding on and shall inure to the benefit of the parties hereto,
their heirs, successors, or assignsJ and said t:...lC' .<rary easement
is to remain in effect for the operation and maintenance of a
ro,. .1"...] (now knoWn as Velvet ~) until such time as a pe...,... ...t
access road is coostructed to serve the plats of Qlatonka Beach
and Feplat of Block 1, Qlatonka Beach according to the plats on
file in the office of the County RecOrder, Scott County,
MinneSOta.
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OS M EASEMENT NO.
Description and Drawing
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PARCEL NO.: 31-926007-0
OWNER:
Leonard Grassini
Fred Grothe
15303 Edgewater Circle
Prior Lake, Minnesota
N.E.
55372
DESCRIPTION OF EASEMENT:
A 30.00 foot pennanent easement fo r pub 11 c ut 111ty purposes over, under, and
across that part of Government Lot 3, Section 26, Township 115, Range 22, Scott
County, Minnesota lying 15.00 feet on each side of the followlng described
centerline:
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Commencing at the northwest corner of said Government Lot 3; thence South 0 de-
grees 12 minutes 26 seconds West. assumed bearing, along the west line of sald
Government Lot 3 a distance of 1362.55 feet to the polnt of beginnlng of the
centerline t~ be described, herei~ referred to as Point A; thence South 87
degreeS 17 minutes 53 seconds East a distance of 18.13 feet to a point herein-
after referred to..as Point B; thence North 67 degrees 02 mlnutes 10 seconds
East a di stance of 72.59 feet; thence North 52 degreeS 25 ml nutes 58 seconds
East a distance of 181.16 feet to a point on the northerly extenslon of the
west line of that part of Government Lot 3 described in Torrens Certificate No.
15017 on file in the office of the.Registrar of Titles, Scott County, Minnesota
distant 31.29 feet north of the northwesterly corner thereof and said center-
line thp.re terminating.
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The sidelines of the above described pennanent easement shall be lengthened or
shortened to terminate on said northerly e..tension of the west 1 ine of said
Torrens parcel.
And a 20.00 foot permanent easement for pub 1i c ut 11 ity purposes over, under,
and across that part of said Government Lot 3 lying 10.00 feet on each side of
the following described centerline:
Beginning at said Point C; thence South 46 degreeS 24 minutes 06 seconds East a
distance of 202.01 fe~t to a point on the west line of that part of Government
Lot 3 as described in said Torrens Certificate No. 15017.distant 218.49 feet
south of the northwest~~ly corner thereof and said centerline there terminat-
i n9.
The side lines of the last above described permanent easement shall be leltgth-
ened or shortened to terminate on the westerly line at said Torrens parcel.
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;':3 And a 50.00 foot permanent easement for public utility and roadway purposes
over, under, and across that part of the north 17 acres of the west 23.8 acres
and the W;!st "ne-half of the south 6.8 acres of the west 23.8 acres of said
Government Lot 3 lying 25.00 feet on each side of the following described
;:centerline: Commencing at the northeast corner of Lot 1, Block. 2, Chatonka
Beach according to the record plat on file in the office of the County Re-
corder, Scott County, Minnesota: thence North 0 degrees 01 minutes 52 seconds
East, assumed bearing, along the east line of the west one rod of the east 609
feet of said Government Lot 3 (said west one rod is shown on said plat of
Chatonka Beach as -Road 1 Rod Wide"), a distance of 91.78 feet: thence South 76
degrees 57 minutes 54 seconds West a distance of 16.94 feet to a point on the
west ~ine of said west one rod and the point of beginning of the centerline to
be described: thence continuing South 76 degrees 57 minutes 54 seconds West a
dlsta~ce of 292.98 feet and said centerline there terminating.
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And a permanent easement for public utllity and roadway purposes over. under,
and across that part of said Government Lot 3 described as follows: Beginning
at the northwesterly corner of Lot 9, Block 2, said plat of Chatonka Beach;
thence South 52 degrees 25 ~lnutes 58 seconds West, assumed bearing, along the
northerly line of that part of Government Lot 3 described in sa id Torrens Cer-
tificate No. 15017 a distance of 45.30 feet to the northwesterly corner of said
Tcrrens parcel; thence North 0 degrees 37 minutes 10 seconds West along the
northerly extension of the westerly line of said Torrens parcel, a distance of
104.18 feet; thence 65.75 feet along a tangential curve, concave to the east
having a radius of 52.00 feet and a central angle of 72 degret!s 26 minutes 51
seconds; thence South 0 degrees 34 minutes 02 seconds East a distance of 126.53
feet to the point of beginning.
Together with a temporary construction easement over, under, and across that
part of said Governm/!nt Lot 3 lying from 15.00 feet to 40.00 feet to the left
and from 15.00 feet to 40.00 feet to the right of the following described
centerline: Beginning at said Point A; thence North 87 degrees 17 minutes 53
seconds East a di stance of 18.13 feet; thence North 67 degrees 02 mi nutes 10
seconds East a dis~ance of 72.59 feet to a point hereinafter referred to as
Point C and said centerline there terminating.
And a temporary constructicn easement over, under, and across that part of said
Government Lot 3 lying from 15.00 feet to 40.00 feet to the left and from 15.00
feet to 25.00 feet to the right of the following described cent~rline:
Beginning at said Point C: thence North 52 degrees 25 minutes 58 seconds East a
distance of 181.16 feet to a point on the northerly extension of the weste:ly
1 ine of said Torrens parcel and said centerline there terminating. The SIde
lines of the last above described temporary easement shall be lengthened or
shortened to terminate on the westerly line of said Torren's parcel.
And a temporary construction easement over, under, and across that part of said
Government Lot 3 lying from 10.00 feet to 25.00 feet to the right and from
10.00 feet to 20.00 feet to the left of the following described centerline:
Beginning at said Point C. thence South 46 degrees 24 minutes 06 secondS East a
distance of 202.01 feet a~d said centerline there terminating. The side line~
of the last above described temporary easement shall be lengthened or shortene
to terminate on the westerly line of s~ld Torren's par(~l.
PAGE 2 OF 3
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dst 609
>J 1 at of
.outh 76
on the
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under,
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1ng the
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ne edS t
"u tes 51
, 126.53
)ss that
~'''e left
,'scrlbed
"utes 53
'uteS 10
'U to Ii S
of said
din 1 5 . 00
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..esterly
'he side
'ened or
of said
,nd from
lerl ine:
. East a
Ie 1; nes
"ortened
And a temporary construction easement over. under. and across that part of the
north 17 acres of the west 23.8 acres and the west one-half of the south 6.8
acres of the west 23.8 acres of said Government Lot 3 lying frNll 25.00 feet to
65.00 feet to the right of the fOllowing described centerline: COlTlllencing at
the northeast corner of Lot 1. Block 2. saia plat of Chatonka Beach; thence
North 0 degrees 01 minutes 52 seconds East along the east line of the west one
rod of the east 609 feet of sa i d Government Lot 3 a dl stance of 91. 78 feet;
thence South 76 degrees 57 minutes 54 seconds West a distance of 16.94 feet to
the point of beginning of the line to be described; thence continuing South 76
degrees 57 minutes 54 seconds West a distance of 292.98 feet; thence South 52
degree'i 25 mi nutes 58 seconds West a di stance of 100.00 feet and sa i d center-
line there terminating.
And a temporary construction easement over, under, and across that part of said
Government Lot 3 lying 20.00 feet to the left of the following described line:
Commencing at the northwesterly corner of that part of said Government Lot 3
described in said Torrens Certificate flo. 15017; thence North 0 degrees 37
minutes 10 seconds West along the northerly extension of the westerly line of
said Torrens parcel a di stance of 65.00 feet to the point of beginning of the
line to be described; thence continuing North 0 degrees 37 minutes 10 seconds
West a distance of 39.18 feet to a point hereinafter referred to as Point D and
said line there terminating.
And a temporary construction easement over, under, and across that part of said
Government Lot 3 lying within the circumference of a circle having a radius of
67.00 feet and the center of said circle is described as follows: COITIllencing
of said Point 0; thence North 89 degrees 22 minutes 50 seconds East A distance
of 52.00 feet to the center of said circle.
And a temporary construct ion easement over, under, and across the west 15.00
feet of the east 31.50 feet of the north 74.00 feet of the south 150.00 feet of
said north 17 acres of the west 23.8 acres of Government Lot 3.
Said permanent easements contains 20,745 square feet or 0.48 acres more or
less.
Said 'temporary easements contains 25,030 square feet or 0.57 ac,-~s more or
less.
Said temporary easements to expire December 31, 1987.
PAGE 3 OF 3
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OS M EASEMENT NO.
Description and Drawing
t'tV',
~
~.... .......
&Me .....,..
\.A.A.I
84-8
~
.I
I HI.,IY C'l1'lfY THA1 THIS SUIYIY. l'I.".... 01 U~IIT WAS '1""110 I\' MI 01
~. M' GIlleT IUIIWISIOH AND T I AM " GULY "OISTlIED LA"'D SUI'IIYOI
01 T"' tAWS O' '"I STATI. lSOTA.
.~ #/ZO/'J-
. .1Ii.. . O. . . , OA'I
WA'fN1 I. LONG "0. NO. 7612
ORR. SCHELEN . MAYERON & ASSOCIATES. INC.
1011 lAST "[NNI"" AVl .5111'[ 231 . IIIINNfAPOIIS.IIIINNlSOIA ~S.IJ . ,6171331'160
NOT E: No boundary survey work wal perfor",.d 01 to the pr.ci..
location of this tract.
PARCEL NO.:
OWNERS: All parties of interest in the plats of Chatonka Beach and
Resurvey of Block 1, Chatonka Beach
DESCRIPTION OF EASEMENT:
A permanent easement for public utility and roadway purposes over, under, and
across the Road 1 Rod Wide, according to the plat of Chatonka Beach on file in
the offi ce of the County Recorder, Scott County, Mi nnesota 1yi ng northerly of
the following described line:
Commencing at the northeast corner of Lot 1, Block 2, Chatonka Beach, according
to the record plat on file in the office of the County Recorder, Scott County,
Minnesota; thence North 64 degrees 42 minutes 33 seconds East, assumed bearing,
along the north line of Block 1, Resurvey of Block 1, Chatonka Beach, according
to the record plat on file in the office of the County Recorder, Scott County,
Minnesota a distance of 303.37 feet to the point of beginning of the line to be
described; thence South 76 degrees 57 minutes 54 seconds West a distance of
580.19 feet; thence South 52 degrees 25 minutes 58 seconds West a distance of
2.91 feet to the northwest corner of Lot 6, Block 2, said plat of Chatonka
Beach and said line there terminating.
And a pe nnanent easement for pub 1 i c uti 1 i ty and roadway purposes over, under,
and across that part of the dedicated driveway in Block 2 as shown on said plat
of Chatonka Beach and lying northerly and westerly of said previously described
1 i ne .
And a permanent easement for pub 1 i c ut i1 i ty and roadway purposes over, under,
and across that part of the dedicated driveway in Block 1 as shown on said plat
of Resurvey of Block 1, Chatonka Beach and lying northerly and easterly of said
previously described line.
Together wi th a temporary construct ion easement over, under, and across that
part of the dedicated driveways in said plats of Chatonka Beach and Resurvey of
Block 1, Chatonka Beach lying southerly of said above described line and nor-
therly of the northerly 1 ine of Block 1, said Resurvey of Block 1 and Block 2
of said Chatonka Beach.
Said permanent easement contains 37,541 square feet or 0.86 acres more or less.
Said temporary easement contains 15,212 square feet or 0.35 acres more or less.
Said temporary easement to expire December 31, 1987.
OS M EASEMENT NO.
Description and Drawing
rvv"',
08M
-.... --
&Me ....,...
~
l:S4-5
I "fill" CIIT'" fHAT TIflS SUIIVfT. "'AN, oa ..1I01T WAS "......IlID IT M' OR
u~ MY D11l!CT IUPII'tIS'OH AND fHAT I "'M ... DUlY 1l!G",,: ,,!) LAND SUavETOI
-::rZ/!"'''7J"-.u _ I//ZO y.r
.. OWA.. A.~G. NO. ".,pA1". 'D...TI ~ .
WAYNI .. LONG 1lI0. NO. 7"2
ORR. SCHELEN . MAYERON & ASSOCIATES. INC.
2021 lAST "[1111"'" AVI . SIIIII 111 . 1IIIIlIlfA'UIIS.lIIllllllS0TA ~~.IJ . 161?1 3JI ..10
NOTE: No boundary .ur.,., work was p.rfor",.d 01 to the pr.cl..
location of this tract.
PARCEL NO.: 31-926007-0
OWNER: Leonard Grassini
Fred Grothe
15303 Edgewater Circle N.E.
Prior Lake, Minnesota 55372
DESCRIPTION OF EASEMENT:
A 30.00 foot pennanent easement for public utility purposes over, under, and
across that part of Government Lot 3, Section 26, Township 115, Range 22, Scott
County, Minnesota lying 15.00 feet on each side of the following described
centerline:
Commencing at the northwest corner of said Government Lot 3; thence South 0 de-
grees 12 minutes 26 seconds West, assumed bearing, along the west line of said
Government Lot 3a di stance of 1362.55 feet to the poi nt of begi nn; ng of the
centerline to be described, hereinafter referred to as Point A; thence South 87
degrees 17 minutes 53 seconds East a distance of 18.13 feet to a point herein-
after referred to as Poi nt B; thence North 67 degrees 02 mi nutes 10 seconds
East a distance of 72.59 feet; thence North 52 degrees 25 minutes 58 seconds
East a distance of 181.16 feet to a point on the northerly extension of the
west line of that part of Government Lot 3 described in Torrens Certificate No.
15017 on file in the office of the Registrar of Titles, Scott County, Minnesota
distant 31.29 feet north of the northwesterly corner thereof and said center-
line there terminating.
The sidelines of the above described pennanent easement shall be lengthened or
shortened to tenni nate on said northerly extensi on of the west 1 i ne of said
Torrens parcel.
And a 20.00 foot pennanent easement for public utility purposes over, under,
and across that part of said Government Lot 3 lying 10.00 feet on each side of
the following described centerline:
Beginning at said Point B; thence South 62 degrees 29 minutes 36 seconds East a
distance of 240.30 feet to a point on the west line of that part of Government
Lot 3 as described in said Torrens Certificate No. 15017 distant 218.49 feet
south of the northwesterly corner thereof and said centerl ; ne there tenni nat-
i ng.
The side lines of the last above described pennanent easement shall be length-
ened or shortened to termi nate on the westerly 1 ine of said Torrens parcel.
PAGE 1 OF 3
.I.
And a 50.00 foot pennanent easement for publ ic util ity and roadway purposes
over, under, and across that part of the north 17 acres of the west 23.8 acres
and the west one-hal f of the south 6.8 acres of the west 23.8 acres of said
Government Lot 3 lying 25.00 feet on each side of the following described
centerl i ne: Commenci ng at the northeast corner of Lot 1, Bloclc 2, Chatonlca
Beach accord; ng to the record pl at on fil e in the offi ce of the County Re-
corder, Scott County, Minnesota; thence North 0 degrees 01 minutes 52 seconds
East, assumed bearing, along the east line of the west one rod of the east 609
feet of said Government Lot 3 (said west one rod is shown on said pl at of
Chatonlca Beach as "Road 1 Rod Wide"), a distance of 91.78 feet; thence South 76
degrees 57 mi nutes 54 seconds West a di stance of 16.94 feet to a poi nt on the
west line of said west one rod and the point of beginning of the centerline to
be described; thence conti nui ng South 76 degrees 57 mi nutes 54 seconds West a
distance of 292.98 feet and said centerline there terminating.
And a permanent easement for public utility and roadway purposes over, under,
and across the east 16.50 feet of the north 17 acres of the west 23.8 acres of
said Government Lot 3.
And a permanent easement for pub 1 i c ut 11 ity and roadway purposes over, under,
and across that part of said Government Lot 3 described as follows: Beginning
at the northwesterly corner of Lot 9, Block 2, said plat of Chatonka Beach;
thence South 52 degrees 25 minutes 58 seconds West, assumed bearing, along the
northerly line of that part of Government Lot 3 described in said Torrens Cer-
tificate No. 15017 a distance of 45.30 feet to the northwesterly corner of said
Torrens parcel; thence North 0 degrees 37 minutes 10 seconds West along the
northerly extension of the westerly line of said Torrens parcel, a distance of
104.18 feet; thence 65.75 feet along a tangential curve, concave to the east
having a radius of 52.00 feet and a central angle of 72 degrees 26 minutes 51
seconds; thence South 0 degrees 34 minutes 02 seconds East a distance of 126.53
feet to the point of beginning.
Together with a temporary construct i on easement over, under, and across that
part of said Government Lot 3 lyi ng from 15.00 feet to 40.00 feet to the 1 eft
and fran 15.00 feet to 40.00 feet to the right of the following described
centerline: Beginning at said Point A; thence North 87 degrees 17 minutes 53
seconds East a di stance of 18.13 feet; thence North 67 degrees 02 mi nutes 10
seconds East a di stance of 72.59 feet to a poi nt herei nafter referred to as
Point C and said centerline there terminating.
And a temporary construction easement over, under, and across that part of said
Government Lot 3 lying from 15.00 feet to 40.00 feet to the left and from 15.00
feet to 25.00 feet to the right of the following described centerline:
Beginning at said Point C; thence North 52 degrees 25 minutes 58 seconds East a
di stance of 181.16 feet to a poi nt on the northerly extensi on of the westerly
line of said Torrens parcel and said centerline there terminating. The side
1 ines of the last above described temporary easement shall be lengthened or
shortened to terminate on the westerly line of said Torren's parcel.
And a temporary construction easement over, under, and across that part of said
Government Lot 3 lying from 10.00 feet to 25.00 feet to the right and from
10.00 feet to 20.00 feet to the left of the following described centerline:
PAGE 2 OF 3
.
Beginning at said Point B; thence South 62 degrees 29 minutes 36 seconds East a
distance of 240.30 feet and said centerline there terminating. 7he side lines
of the last above described temporary easement shall be lengthened or shortened
to terminate on the westerly line of said Torren's parcel.
And a temporary construction easement over, under, and across that part of the
north 17 acres of the west 23.8 acres and the west one-hal f of the south 6.8
acres of the west 23.8 acres of said Government Lot 3 lying from 25.00 feet to
65.00 feet to the right of the following described centerline: Commencing at
the northeast corner of Lot 1, Block 2, said plat of Chatonka Beach; thence
North 0 degrees 01 minutes 52 seconds East along the east line of the west one
rod of the east 609 feet of said Government Lot 3 a di stance of 91.78 feet;
thence South 76 degrees 57 minutes 54 seconds West a distance of 16.94 feet to
the point of beginning of the line to be described; thence continuing South 76
degrees 57 minutes 54 seconds West a distance of 292.98 feet; thence South 52
degrees 25 mi nutes 58 seconds West a di stance of 100.00 feet and said center-
line there terminating.
And a temporary construction easement over, under~ and across that part of said
Government Lot 3 lying 20.00 feet to the left of the following described line:
Cemmenci ng at the northwesterly corner of that part of sai d Government Lot 3
described in said Torrens Certificate No. 15017; thence North 0 degrees 37
minutes 10 seconds West along the northerly extension of the westerly line of
said Torrens parcel a distance of 65.00 feet to the point of beginning of the
line to be described; thence continuing North 0 degrees 37 minutes 10 seconds
West a distance of 39.18 feet to a point hereinafter referred to as Point D and
said line there terminating.
And a temporary construction easement over, under, and across that part of said
Government Lot 3 lying within the circumference of a circle having a radius of
67.00 feet and the center of said circle is described as follows: Commencing
of said Point D; thence North 89 degrees 22 minutes 50 seconds East a distance
of 52.00 feet to the center of said circle.
And a temporary construct ion easement over, under, and across the west 15.00
feet of the east 31.50 feet of the north 74.00 feet of the south 150.00 feet of
said north 17 acres of the west 23.8 acres of Government Lot 3.
Said permanent easements contains 37,470 square feet or 0.86 acres more or
1 es s .
Said temporary easements contains 25,625 square feet or 0.59 acres more or
1 ess.
Sa i d tempo ra ry easements to expi re December 31, 1987.
PAGE 3 OF 3
CITY OF
PRIOR
~
:reapaod.1.ag ])U'Oel acreap have been ~ by dMC1a of
;1: ap.. ... oal,y.
0IifQU'& DOted 1,[;. tbe parcel table lIIU !~ from curnat
_ie Ul Scott County ftcorde at t.be 't1ee of the 1ap..
IlI&1 fta'l'e ." . ~ .,
or. thi.& r1Bht of va,y plat IHU"e t&kan ft'OfC docu.ents provided
:€ q~c. ..:,.05 Depe.rtaent.
~
c~' /
l')
7
- ,,~r
rS
'-
:~I ;':",- /1
-'f
.yr PARCEL lIo.1 OWNER or RECORD , TUIHG
\ G) Gordon StraDdberS
Renee I. Strandbers
0 Venae A. ~
Ketbryn G. Ilohl.....,
Q) c.o.:,. .. !loud
Rub,y D. Doud
<0 Claude R. Hi tchoock
@ Claude R. Hi tcbcocJ<
@ H. IiUliu b_
Lob R. Evans
CD Ri_ T. ~
Gloria L.~
0 W part1ee of 1nten.t
@ ~ Gnao1Ai
Fr.o. Grothe
@ ~ Gnao1Ai
F__
@) Weiland Eo....
4
~_.
LAKE
RIGHT - OF - WAY
I
PLAT
NO.
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.:'n...t'.o:.nu LOC.lTIOJl
Govel'Nlent Lot 3,
Section 26, 'L1'5, R. 22.
I
I
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I
I
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Ii 17 aoru of Ii 23.S .ore. I
('-<,,""t loot 3. Sec.26 "1:1; 22
;~2 's. 6.. 'c. ..25..:':. :l
Coy1t 1..at..3 ~,. ,'>0" "';, ~ I
Go..n.ct Lot 3,
Sect10rl 26, 1'."5, R.22
CoYHGIMlIlt Lot },
s.cUon 26, '1'.115, R.22
CovU'lWellt Lot .3,
Section 26, 1'.1'5, R.22
Go .... '" Lot 5.
SecUoo 26. T."5. R.22
, Lot "
s.cUon 26. 1'."5. R.22
Go..~t Lot .3,
SecUQll. 26. T. "~; R.22
Cba'toQka Beach Road..,
Cha_ _ Rood..,
s.cUan 26.: t.11;;.. fl,.22
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RECORDED DOCUMENT JrlO. i
'5.249 "'l.ft. I Doc_nt 00. 2'9074 j
, 1000 act. ft. I Court FUe lie. 86-01188
, ,053 aq. I't. 'Court FUe No. 86-01188
3,605 aq. ft. I Doc~ Jio. 21864,
'.545 aq. f't. , ~t lio. 218641
4..59 "'l. Ct. I Doc....t 110. 2164B7
1.992 "'l. ft., Doc....t 00. 2'8659
57.541 "'l. Ct./Court FU. 110. 116-0"88
R/. AREA
aboY. U'U.
_tllo.219682
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lb10 R1cht-oC-IIoy Plat _
_.t.-..r~
.... 1a ......b,r ~~ ~
.. 00rIl'ta1Mc:1 w1t;b.1r.1 Gowen.I
Couot.y, _ aDd tM~ pi
llDe or N1cl L ... Lot ,
20.745 aq. Ct.1 Doc_t 110. 21!l6B1
'4.575 "'l. Ct.j Court FU. 110. 116-0"88
\:~ [--
:-;
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c.:. ;- :_', 1_,
1b.t portJ.oo or ..id &Men s
-.bowz:I ClIl tob18 plat ettec'tec
Mnby oert11'lt1d to be tiJle I
punuoat to _ Sta_
loury _. Ci... -...;
Pr1or~. _
-.. Ra&1a_UaIlIio._,
I bueb,y oar1:U, t:Dat tD1.
aDd tbat I _ . <<Nlt a.,l
" ,. . .1; that tnie plat
160.085 .... en...- '60.14. I
aoquiaJ,UGrl. an .. '.'. ., ..
I>ounclu,. ~ ba.. _ I
. Oft . ..... ..J..y
~ Oft . ..... ..J..y___~
ROQIJ.c1 A. ~I !.-nc1 .!iuft.
-.. Ilq1aVaUall 10. 1
,......." 10.
I barabr oarut, tbat __ ~j
for I"eOOrN an tIlU
Valley Surveying Co., PA.
~ Ii "" "J 8oO'n (;Quat:
Connie Carlson
From:
To:
Subject:
Date:
Jeff Evens
Connie Carlson
FW: Knob Hill
Friday, October 27, 1995 7:33AM
This should go on the agenda ASAP
From: Jeff Evens
To: Deb Garross
Cc: John Wingard
Subject: Knob Hill
Date: Friday, October 27, 1995 7:30AM
On Wed. Oct. 25, 1995 the City met with the developer of Knob Hill to prepare the site for winter. A issue
about the 16.5' easement on the East side of the plat arose. Mr. Wayne Fleck is very reluctant to block or
disturb the exist gravel road that is located on the easement. The water quality pond that has been graded
adjacent to this road needs to be extended to the existing gravel road/drive and some additional grading
should be done around the new utilities in this area. Per my conversation with Larry Anderson he indicated
that this issue should go to the DRC to determine what is the City position on this 16.5'. I also have herd
that Mr. Stromme has or is planning on filing to acquire a portion of this easement so he can incorporate
this land with his existing parcel and combine it with the lots he has purchased in Knob Hill adjacent to this
easement. I have all the easements, maps, etc. in a file.
Thanks
Jeff
Page 1
OCT-26-1995 13:41 FROM
TO
94474245
P.02
Lommen, Nelson, Cole &: StI:lgeberg, P.A.
Ms. Deb Garross
October 25, 1995
Page 2
is to he f""-ta';r,~. After the public interest has been vacated by the appropriate vote at t.he
public hearing, the resolution vacating the easements should be recorded with the Scott
Count; Recorder's Office together with a release of land from easements for the condemned
pro~rty . A form of the release of land from easements for the condemned property was
sent to Larry Anderson on September 15, 1995.
Please give me a call should you wish to discuss this further.
Very truly yours.
GRK/dh
L[N. \~. COLE & STAGEBERG. PA
Glenn R. Kessel
S;\SHt>A i A \ 16n2G\GRX\LETTER$IOARROSSIL TR..13
TCiTRL P.02
r2flf,(JorjUJ 6t~h 7lL
ulttLh Cjt/ .
October 23, 1995
Lommen, Nelson, Cole & Stageberg
Glenn Kessel
1800 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Dear Glenn,
Attached find information related to Chatonka Beach Trail in Prior Lake. As you will recall, the
plat of Knob Hill created new street sections which provide access to the residents of Beach
Street. However, the City still has certain easements over the old platted driveway of Chatonka
Beach Trail. See attached Right-of-Way Plat #1 and information for reference.
At the time of final plat approval of Knob Hill, the City Council directed staff to prepare
necessary documents to vacate the easements and/or right of way in favor of the City, which
exist over the platted Chatonka Beach Trail.
Please review the attached documents and provide me with the procedure and legal descriptions
which should be used to vacate all City interest in the old platted Chatonka Beach Trail. I am not
sure of the appropriate process to use, i.e. if the Council can relinquish the easements or if an
actual vacation public hearing(s) are required. It is my intent to bring this issue to the City
Council on November 20, 1995. Your response to this issue would be appreciated by October
30, 1995.
Sincerely, I
l~ I J-J/ (ut(UJ~
D~'f!tj/Z;::;;oss
Assistant City Planner
DRC Coordinator
Enclosure
cc: Frank Boyles
Don Rye
16200 ~~~ Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Deb Garross
From:
To:
Cc:
Subject:
Date:
Deb Garross
Larry Anderson
Frank Boyles
RELlNQUISH/V ACA TE CHA TONKA BEACH TRAIL EASEMENTS
Wednesday, July 05, 1995 3:38PM
Larry, would you get me a copy of all of the easements, condemnation documents etc... that affect the
16.5' one, rod road, (Chatonka Beach Trail). I have had a request from Roy Stromme related to when the
City will take action to relinquish and/or vacate any interest it has in the 16.5' one, rod road.
I need to know the following information:
1. Do we have a legal description for the 16.5' road?
2. Do we have any utilities, r-o-w etc... that the City would have to retain for future
purposes?
3. Do we have a map of the area that can be used for publication purposes.
4. If any legal description, surveyor easement preparation work needs to be done, who should be
contacted to do the work?
I would appreciate your response by July 13, 1995 DRC meeting so that this issue can be resolved asap.
Thanks!
Page 1
April 27, 1995
Dear Resident:
This letter is being mailed to you per direction given by the Prior Lake City Council. The
preliminary plat of Knob Hill is approved per the conditions placed upon the subdivision
by the City Council on August 1, 1994 via Resolution 94-46. On May 1, 1995, the final
plat of Knob Hill will be considered by the City Council as a consent agenda item. The
requirements for final plat approval are that the documents be in substantial compliance
with the approved preliminary plat. No additional changes, outside of the conditions
placed upon the preliminary plat on August 1, 1994 can be required of the developer.
The City Council action will be to approve the final plat and the contract, (Developer's
Agreement), for installation of utilities, streets and other public improvements required
by the Prior Lake Subdivision Ordinance. The final plat will be approved, or denied as
part of a motion on the entire consent agenda. There will be no discussion of the fmal
plat unless the City Council decides to remove consideration of the fmal plat from the
consent agenda. If removed, discussion of the fmal plat will likely occur at the end of the
regularly scheduled City Council meeting.
One of the major topics of public interest in the subdivision of Knob Hill related to the
title opinion for the subject site. The purpose of this letter is to inform you of the result
of the title work that has been completed for the land owned by Gold Nugget
Development. The subject site is the approximately 96 acre "Knob Hill" property located
adjacent to Pike Lake Trail and Chatonka Beach Trail.
The subject site was granted preliminary plat approval for a 173 lot, single family
subdivision on August 1, 1994 by the Prior Lake City Council. One condition of
preliminary plat approval required that the developer resolve title issues related to the
subject site. Attached fmd a copy of the Commitment of Title Insurance issued by Old
Republic National Title Insurance Company and a summary of the major title issues,
their resolution and impacts related to the subject site. All of the title issues have been
addressed to the satisfaction of City Attorney, Glenn Kessel. The City Attorney will has
accepted the Commitment of Title Insurance, therefore that condition of preliminary plat
approval has been satisfied.
The Commitment of Title Insurance indicates that there is one encroachment issue
related to a fence located on the northwest part of the subject site. The developer and
land owner are negotiating to resolve the fence issue. In the event the fence issue is not
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
resolved by the May 1, 1995 City Council meeting, the City Attorney will request that it
be resolved as a condition of final plat approval.
I hope that this information is useful to you. I have also attached a copy of the City
Council agenda report and draft Resolution 95-27 approving the preliminary plat and
developer's agreement. The City Council meeting is scheduled at 7:30 p.m. on Monday,
May 1, 1995. The City Council chambers is located in the Prior Lake Fire Station #1,
located on the southwest comer of County Road 21 and Fish Point Road. To get to the
fire station, you must drive on County Road 21, because the segment of Fish Point Road
to the north of C.R. 21 has not been installed.
Questions regarding the final plat documents should be directed to Deb Garross, Assistant
City Planner at 447-4230. Questions related to physical development on the property
such as grading, roads, installation of sewer, water, storm sewer and other items should
be directed to Larry Anderson, Public Works Director, by calling (612)447-4230.
Sinc~relY~ I I
~~
Deb GaIToss
Assistant City Planner
dg
Enclosure: 17 pages
cc: Frank Boyles
City Council Members
"KNOBL2"
./
APR-27-1995 12:00 FROM
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P.01
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1800 IDS Center
80 South Eighth Street
Mit'll'lcapolis, Minnesota 55402
LAW FIRM
Orandvicw Professional 81.ulding. Suite: 210
400 South Second Street
Hudson. WI 54016
Lomm~fl. Nel.:u:/fI.. G:>le &. Sragtberg, Po A.
(612) 339-8131
Minnesota WAl'S (800) 1524291
FAX (612) 339-8064
Minneapolis Office
(715) 386-8217
Twin City Linc (612) ,D6.gaSS
FAX (715) 386-8219
(612) 339-8131
FAX TRANSMISSION COVER SHEET
TO:
Deb Garross
COMPANY:
City of Prior Lake
ADDRESS:
TELEPHONE:
FAX NUMBER: 447-4245
FROM: GLENN R. KESSEL
LOMMEN. NELSON, COLE & STAGEBERG, P.A.
1800 IDS Center
Minneapolis, MN 55402
Telephone Number: (612) 339-8131
Fax Number: (612) 339-8064
NUMBER OF SHEETS (INCLUDING THIS COVER SHEET):
/3
SPECIAL INSTRUCTIONS:
IF PROBLEl\1IS WITH TR.A1"JSMISSION OR IF NOT ALL PAGES RECEiVED,
PLEASE CALL DEBBIE AT 336-4:?~~.
The information contained in the facsimile message is anorney privileged and confidential
information intended only for the use of the individual or entity named above.. If the rcad~r
of this message is not the intended recipient, you are hereby notitied that any dissemination.
distribution or copying of this communication is strictly prohibited. If you have recei....ed this
corrununication in error, please immediately notify us by telephone. and return the original
message to us at the above address via the U.S. Postal service.
--/
HPR-27-1995 12:01 FROM
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94474245
P.04
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AGREEMENT TO ISSUE POLICY
We agree to issue a pOlicy to you according 10 the terms of this Commitment. When we
show the policy amount and your name as the proposed insured in Schedule A. this
Commitment becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have nor been met within six (61 months aher
the Commitment Date, our obligation under this Commitment will end Also. our obligation
under this Commitment will end when tile POlicy is issued and then our obligation to you will
be under the Policy,
Our obligation under this Commitment is limited by rhe following:
The Provisions in Schedule A.
The Requirements in SChedule 8.1.
The Exceptions in Schedule B-I/.
The Conditions beJow.
This Commitment is not valid without SCHEDULE A and Sections I and 1/ of SCHEDULE B.
CONDITIONS
1. Definitions. lal "Mortgage" means mortgage. deed of trust or other security insuulTrent,
(bl "Public Records" means ritle records that give constructive notice of maners affecting your
tille - according to the StatB statutes where your land is located.
2. later Defects. The Exceptions in Schedule 8 . Section 1/ may be amended to show any defectS.
liens or encumbrances that appear for the first time in the public records or are created or anach between the Commitment Date and the
dare of which all of tile Requirements !al and (e] of Schedule 8 . Section I are meL We shall have no liability to you because of rhis
amendment.
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3. Existing DefectS. If any defects. liens or encumbrances existing at Commitmenr Date are not
shown in Schedule B. we may amend Schedule B to show them, If we do amend Schedule 8 to show the~e defects. liens or
encumbrances. we shall be liable IO you according to Paragraph 4 below unless you knew of this informalion and did not tell us about it
in writing.
4. Limitation Of Our Liability. Our only obligation is to Issue to you the Poliq referred to in this
Commitment. when you have met its Requirements. It we have any liability to you for any loss you incur because of an error in this
Commitmem. our liability will be limited to your aewal loss caused by your relying on this Commitment when yol.l 3ctea in good fairh to:
Comply with the Requirements in Schedule B - Secilon I
or
Eliminate with our wrinen consem any Exceptions shown in Schedlile 8 . Section II.
We shall nOl be liable for more than the roiicy Amount shown in Schedule A of thiS Commitment and
our liabilitY is subject to the terms of the Policy form to be issued 10 you
5. Claims Must Be 8asE.'d On This Commitment. Any claim, whether or not based on negligence"
whIch you may have against us concernrng the title to the land mllSt be based on this Commitment and is subject to its terms.
IN WITNESS WHEREOF. Old ReptIblic National Title Insurance Company has caused its cO/palau:
name and seal to be hereumo affixed by its duly authori2l!d officers on the date shown in Schedule A. to be valid when countersigned by
a validating officer or other authorized signatory.
Issued (hrollgh the Office of:
f:~ ./117
By
OLD REPUBLIC NATIONAL TITlE I~SURANCE COMPANY
A SrtJc* Compiny
400 SeCQild A""",/g SOUII/. MtnnupOIIS. MifM"SOIJ 5540 I
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APR-27-1995 12:02 FROM
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94474245
P.05
ALTA COMMITMENT - 1982 REV.
SCHEDULE A
APPLICATION NO. S 670100 S (Supplemental No.2)
1. EFFECTIVE DATE: April 12, 1995 AT 7:00 A.M.
2. POLICY OR POLICIES TO BE ISSUED:
'ALTA' RESIDENTIAL OWNERS POLICY REV 1987
$
x ' ALTA' OWNER'S POLICY-10-17 -92
$To Come
PROPOSED INSURED:
Gold Nugget Development, Inc. and the City of Prior Lake, as
their respective interests may appear.
'ALTA' LOAN POLICY 10-17-92
PROPOSED INSURED:
$
OTHER POLICY ISSu~u
PROPOSED INSURED:
$
OTHER POLICY ISSuAu
PROPOSED INSURED:
$
3. THE ESTATE OR II~EREST IN THE L~u DESCRIBED OR REF~RRED TO IN
THIS COMMITMENT AND COVERED HEREIN IS A"FEE SIMPLE Ahv TITLE
THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED IN:
Leonard Graaaini,
Grothe, Trustee
October 9, 1992
an undivided 1/2
under that certain
interest and Fred I.
Trust Agreement dated
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS
FOLLOWS:
The South 1/2 of the Northeast 1/4, Section 26, Township 115,
Range 22, Scott County, Minnesota and ALSO
That part of Government Lot 3, Section 26, Township 115, Range
22, Scott County, Minnesota, described as follows: Beginning
at the Northwest corner of said Government Lot 3; thence on an
assumed bearing of North 88 degrees S3 minutes 29 seconds East,
along the North line of said Government Lot, 683.65 feet;
thence South 0 degrees 22 minutes 20 seconds East, 1054.20
~'.2... OLD REPUBLIC
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ORT Form 3120
APR-27-1995 12:02 FROM
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P.06
S 670100 S (Supplemental No.2)
Page: 2
feet; thence South 88 degrees 53 minutes 29 seconds West,
parallel with said North line, 424.67 feet; thence South 1
degree 03 minutes 14 seconds East, 175.61 feet to the
Northwest corner of Lot 9, Block 2, Chatonka Beach; thence
South 51 degrees 52 minutes 35 seconds West, along the
Southwesterly extension of the Northerly line of said Lot 9, a
distance of 45.30 feet: thence South 1 degree 08 minutes 02
seconds East to the shoreline of Prior Lake: thence Westerly,
along said shoreline, to the West line of said Government Lot
3; thence Northerly, along said West line, to the point of
beginning.
Abstract Property.
NOTE: The above premises to be platted as: Knob Hill,
County, Minnesota.
Scott
.....
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
1. Application to register the title to that portion of the
premises in Government Lot 3 filed January 6, 1995 as Document
No. 347686.
2. The application discloses the premises to be vacant land.
3 -
Encroachment of fence line onto Government
adjoining property to the West as disclosed by
of subject premises dated December 2, 1994
Pioneer Engineering.
Lot 3 from
boundary survey
as prepal:ed by
The Company has been advised that an agreement has been
reached with the adjoining property owner and a Quit Claim
Deed for the caption premises is being obtained for recording
in the real estate records.
4.
Warranty Deed filed October 13, 1968 in Book 167
pages 7 and 8, purports to create an easement over
subject premises but the description contained
ambiguous.
of Deeds,
part of the
therein is
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ORT Form 3120
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APR-27-1995 12:03 FROM
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94474245
P.07
S 670~OO S (Supplemental No.2)
Page: 3
See Exhibits A and B attached hereto.
SCHEDULE B - SECTION 2
STANDARD EXCEPTIONS
A. Facts which \Would be disclosed by a C'ompreh~naive [.rurvey of
the premises described herein.
B. Rights and claims of parties in possession.
c. Mechanics', Contractors', or Materialmens' liens and lien
claims, if any where no notice appears of record.
D. Any change in title occuring subsequent to the effective d~te
of this Cv~~.itment and prior to the date of is~uance of the
Title :Policy.
E. Easaments, or claims of easements, not' shown by the public
records.
IN ADDITION TO THE STANDARD EXCEPTIONS, CONDITIONS, STIPULATIONS
AND EXCLUSIONS FROM COVERAGE CONTAINED HEREIN &~0 IN THE COMPANY'S
USUAL FON1 OF POLICY, THE LAND REFERRED TO IS, AS OF THE EFFECTIVE
DATE HEREOF, SUBJECT TO THE FOLLOWING:
~. Special assessments levied or pending dnd sp€cial tax~s, if
any, not covered herein.
NOTE: Special assessment search was not requested by the
applicant.
2. Taxes for 1995 in the amount of $32,774.46 are not paid.
(Base tax amount $3,021. 21.) (Tax No. 2S 926007 0.)
NOTE: Scott County tax records indicate property is
non-homestead for taxes payable in the year 1995.
3. Terms a.nd condi.tions of that certain Contract for Deed by and
between Leonard E. Grassini and Reta L. Grassini and Fred I.
Grothe, Trustee under that certain Trust Agreement dated
October 9, 1992, as seller, and Gold Nugget Development, Inc. (a
Minnesota Corporation), as purchaser, dated April 15, 1993,
filed April 22, 1993, as Document No. 312436.
4. Utility easement(s) over a strip of land 30 feet in width
I 11)1'.;;....
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ORT Form 3120
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94474245
F'.0EI
S 670100 S (Supplemental No.2)
Page: 4
lying 15.00 feet on each side of the following described
centerline:
C.............encing at the Northwest corner of said Government Let 3,
thence South 0 degrees 12 minutes 26 seconds West, assumed
bearing, along the West line of said Government Lot 3 a
distance of 1362.55 feet to the point of beginning of the
centerline to be described, hereinafter referred to as Point
A; thence South 87 degrees 17 minutes 53 seconds East a
distance of 18.13 feet to a point hereinafter referred to as
Point B; thence North 67 degrees 02 minutes 10 seconds East a
distance of 72.59 feet; thence North 52 degrees 25 minutes 58
seconds East a distance of 181.16 feet to a point on the
Northerly extension of the West line of that part of
Government Lot 3 described in Torrens Certificate No. 15017 on
file in the office of the Registrar of Titles, Scott County,
Minnesota distant 31.29 feet North of the Northweste:...ly corner
thereof and said centerline there terminating.
The sidelines of the above described permanent easement shall
be lengthened or shortened to terminate on said Northe~ly
extension of the West line of said Torrens parcel.
And a 20.00 foot permanent easement for public utility
purposes over, under, and across that part of said Gov~rnment
Lot 3 lying 10.00 feet on each side of the following described
centerline:
Beginning at said Point C; thence South 46 degrees 24 minutes
06 seconds East a distance of 202.01 feet to a point on the
West line of that part of Government Lot 3 as described in
said Torrens Certificate No. 15017 distant 218.49 feet South
of the Northwesterly corner thereof and-said centerline there
terminating.
The side lines of the last above described permanent easement
shall be lengthened or shortened to te:t':ordnate OJ:~ the Westerly
line of said Torrens parcel. And a 50.00 foot permanent
easement for public utility and roadway purposes over, under,
and across that part of the North 17 acres of the West 23.8
acres and the West one-half of the South 6.8 acres of the West
23.8 acres of said Government Lot 3 lying 25.00 feet on each
side of the following described centerline: Commencing'at the
Northeast corner of Lot 1, Block 2, Chatonka Beach according
to the record plat on file in the office of the County
Recorder, Scott County, Minnesota; thence North 0 degrees 01
minutes 52 seconds East, assumed bearing, along the East line
of the West one rod of the East 609 feet of said Government
Lot 3 (said West one rod is shown on said plat of Chatonka
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ORT Form 3120
APR-27-1995 12:04 FROM
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94474245
P.09
S 670100 S (Supplemental No.2)
Page: 5
Beach as "Road 1 Rod Wide), a distance of 91.78 feet; thence
South 76 degrees 57 minutes 54 seconds West a distance of
16.94 feet to a point on the West line of said West one rod
and the point of beginning of the centerline to be described;
th~nc~ continuing South 76 degrees 57 minutes $4 seconds West a
distance of 292.98 feet and said centerline there terminating.
And a permanent easement for public utility and roadway
purposes over, under, and across that part of said Government
Lot 3 described as follows: Beginning at the Northwesterly
corner of Lot 9, Bloek 2, said plat of Chatonka Beach; thence
South 52 degrees 2S minutes 58 seconds West, assumed bearing,
along the Northerly line of that part of Government Lot 3
described in said Torrens Certificate No. 15017 a distance of
45.30 feet to the Northwesterly corner of said Torrens parcel;
thence North 0 degrees 37 minutes 10 se~onds West along the
Northerly extension of the Westerly line of said Torrens
parcel, a distance of 104.18 feet; thence 65.75 feet along a
tangentia.l curve, concave to the East having a radius of 52.00
feet and a central angle of 72 degrees 26 minutes 51 seconds;
thence South 0 degrees 34 minutes 02 seconds East a distance
of 126.53 feet to the point of beginning in favor of the City
of Prior Lake as created in Document No. 219681 and Document
No. 238700.
s. Private road easements over the West 1 rod of the said Sc~th
1/2 of Northeast 1/4 and also the South 1 rod of so much of
said South 1/2 of Northeast 1/4 as lies West of a point one
rod East of the Northeast corner of the North ~7 acres of the
West 23.80 acres of Lot 3, the East 1 rod of the North 17
acres of the West 23.80 aeres of Lot 3, and the North 1 rod of
the East 1/2 of the South 6.80 acres of the West 23.80 acres
of Lot 3 as evidenced by instruments in Book 66 of Deeds, page
334; Book 78 of Deeds, page 23 and Book" oS of Deeds, page 392.
These easements mayor may not be the same eac~m~nts des~ribed
in the Decrees of Registration filed as Document No. 216759
and 217613 and described in an Application to :Regi.ster filed
as Document No. 207261.
6. Rights of the public and of the state in and to that part of
the premises lying below the natural high water mark of Frior
Lake.
7. Riparian rights are neither guaranteed nor insured.
NOTE: If there are any questions concerning the exceptions
shown on this commitment, please call Eileen Stitz, at
371-1135.
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HAImANTY DEED
Dated September 28. 1965
Filed October 13, 1968
Re~orded in Book 167 of Deeds. pages 7-8,
Consideration $1.00 etc.
The Northeast Quarter of Section 24,'
TO'-Inship 115, North, Range 22; And the
So~th Half of the Northeas t Quarter 011-
Section 26. Township lIS, Range 22; and
the North 17 acres of the West 23.80 acres of Government Lot 3, Section 26, Township
115, Range 22, Scott County. Hinnesota, EXCEPTING from the above ~he right of others
to travel and use as a road the East 1 rod thereof, containing 17 acres, And the
"'est Half of the South 6.80 acres of the ..lest 23.80 acres"of Government Lot 3,
Section 26, Township 115. Range 22, said county and state, EXCEPTING therefrom the
following described property: Starting on the shore of Prior Lake at the southwest
corner of Lot 9, Block 2, Olatonka Beach, said county and state according to the
plat thereof on file and of record in the office of the Register of Deeds, of
Scott County, Minnesota, and running thence due north about 305 feet to the northwest
corner "of said Lot 9; thence South 530 West 45.3 feet~ thence due Bouth 220 feet
to the shore of Prior Lake; thence northeasterly along the shore of said lake to
the place of beginning. Containing .26 acres and subject to an easement over the
fo1101..ing described parcel: ,Commendng at a poInt 1 rod north of the North,..est
corner of Lot 2, Block 2, Chatonka Beach, thence West 1 rod; thence South to the
north line of the above described exception, thence easterly to the northwest
corner of said Lot 9; thence north lord to the place of beginning. Containing
3.14 acres more or les9.
Anna Muhlenhardt, a widow not
now married
to
William Huh1enhardt and Hagdalene
Huhlenhardt and Marie Muhlenhardt
a6 Joint Tenants
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,'~,,~ utt. otGQ~e.mmtnt Lot. J,
, -,~ '~_"f,"fC~~lng .therofroro t,r,(:
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~;~~~.)OS .tnti to tne northwest _~
! ~,.".,~t I tb"nee duo QOU th 2.20 tee t, te, ~
J~' ;~f1I'''tn8 .bort-,ot Bald lak-e to the ~
-II.r.-fo. ' . rt, to an .....0 t over t.he
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~b~"" , ._ " .: _.~.t 1 rod."" thenoe south. to the
.~ j " _;~.. _.' .t~~~t~)',rly to ~8 Dortbweat corner
~'-.: <le ot'~gt'ft~~n~. Conta1.ntng 3.14 acree./
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'tJ!rot<<tTun- avith, aU, 61tc heredita1nr.n l~ <1 nd n ppu rlnnanre., l Ii "1'. .
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94474245
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INFORMATION SHEET
ThE? Title Insurance Commirmenr is a legal COntract between you and '(he Company. It is lssuad to
show the basis on which we will issue a litle Insurance Policy to you. The Policy will insure you
againST certain risks to the land title. subjeCt to the limitations shown in the Policy.
The Company will give you a sample of the Policy form. if you ask.
The Commitment is based on the land titlE? 3S of the CommiTmenT Daie. Any changes in the land title
or '(he transaCtion may affect the Commitment and the Policy.
The Commitment is subject to i'(s Requirements. Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITlE INSURANCE COMMITMENT. YOU SHOULD READ
THE' COMMITMENT VERY CAREFUllY.
If you have any Questions about the Commitment. contact
TABLE OF CONTENTS
Page
AGREEMENT TO ISSUE POLICY
Back C ove(
SCHEDULE A
Inserl
I. Commitment Date
2, PoliCies to be Issued. Amounts and Proposed Insureds
3. lowest in the land and Owner
4. Description ot the Land
SCHEDULE 8.1 - REQUIREMENTS
InseT'[
SCHEDULE B-If - EXCEPTIONS
Insen
CONOInONS
Back Cover
ORr Form 3538
ALTA Commilmenl FoIlT1 . 1982
APR-27-1995 12:07 FROM
TO
94474245
P.13
NAME: Gold Nugget Development, Inc. and the City of Prior Lake
OLD REPUBLIC NATIONAL TITLB
XlfSU'RAlfCB COHPANY
a Stock C~_~any of Minneapolis, Minnesota
.wtuORSEMEN"l' #1
To be attached to and become a part of Title C~~~.itment
No. S 670100 S (Supplemental No.2) of Old Republic National Title
Insurance Company.
Humber 5 under Sched~e B - Section 2 of the above numbered Title
COIIIII4.tm.ent is hereby amended to read as foIl.." ,,:)0:
Private road easements over the West 1 rod of the said Scuth 1/2
of Northeast 1/4 and also the South 1 rod of so much of said South
1/2 of Northeast 1/4 as lies West of a point one rod East of the
Northeast corner of the North 17-aores of the West 23.80 acres of
Lot 3, as evidenced by instruments in Book 66 of Deeds, page 334;
Book 78 of Deeds, page 23 and Book 68 of Deeds, page 392. These
easements mayor may not be the same easements described in the
Decrees of Registration filed as Document No. 216759 and 217613
and described in an Application to Register filed as Documant No.
207251.
Nothing herein contained shall be construed as extending or
changing the effective date of said Commitment, unless ot.heI:W'ioe
expressly stated.
This Endorsement shall not be valid or binding until signed by an
officer or agent.
Signed on this 26th day of April, 1995
Old Republio National Title Insurance Company
By: E~ 4;j~
Agent or val~dating Officer
II II'';' fr ...
~ ~ : 2!:ETlt~~~~~!.S
, Ilrl~"."
OAT Form J12D
"DGMEOl "
MEMO
TO:
FROM:
RE:
FRANK BOYLES, CITY MANAGER
DEB GARROSS, ASSISTANT CITY PLANNER
COMPLETION OF CITY COUNCIL DIRECTIVE 94-86 RELATED TO THE TIlLE
OPINION FOR KNOB HILL.
MARCH 8, 1995
DATE:
The purpose of this memo is to advise you that the commitment for title insurance for the preliminary plat
of Knob Hill has been accepted by City Attorney, Glenn Kessel. City Council Directive 94-86 states
"Assure that title opinion is received with respect to Chatonka Beach Trail which is shared with residents
and resolves all ownership issues permanently." The acceptance of the commitment of title insurance by
Glenn Kessel, satisfies a condition of preliminary plat approval for Knob Hill. Attached is a letter dated
March 7, 1995 to Gold Nugget Development Inc., stating that all conditions have been met and the
preliminary plat of Knob Hill is therefore approved.
The purpose of Directive 94-86 was two fold: 1) to identify persons having an interest in the property
legally described in the preliminary plat of Knob Hill, 2) to clarify easement/ownership issues as well as
the intended disposition of existing Pike Lake Trail and Chatonka Beach Trail as it relates to the
preliminary plat.
1. The north/south section of Chatonka Beach Trail contains two separate easements in favor of the
City of Prior Lake, for utility and road purposes.
a. The west 16.5' of the north/south section of existing Chatonka Beach Trail containing
16.5' and located on the Knob Hill property, contains a permanent easement (#84-5) for
road and public utility purposes, in favor of the City of Prior Lake. See attached
Condemnation Court File No. 86-01188 for reference.
b. The east 16.5' of the north/south section of existing Chatonka Beach Trail containing
16.5' and located east of the Knob Hill property, contains a permanent easement (#84-08)
for road and public utility purposes, in favor of the City of Prior Lake. See attached
document 84-08 for reference.
PRELIMINARY PLAT IMPACT:
The preliminary plat of Knob Hill indicates that the 16.5' easement, described in item (a.) above,
is located outside of all proposed platted lots. The preliminary plat does not impact the existing
ownership nor easement rights associated with the north/south section of Chatonka Beach Trail
described in items (a. and b. above).
ULTIMATE USE:
The gravel section will remain in place however, the City of Prior Lake will stop maintenance and
snow. removal on this section. Residents expressed some interest in the City creating a trail
system along the existing alignment. Park Director, Bill Mangan, identified during the public
hearing that the City would c09;~'1er installation and maintenance of a trail over the section. In
order to implement the trail ~iill owners or persons having an interest in the section would
have to grant an easement or quit claim deed to the City of Prior Lake.
2. The east/west section of existing Chatonka Beach Trail is a gravel section located within the
property legally described by the preliminary plat of Knob Hill. The rights of "others" to travel
over and use as a road, the east/west section of existing Chatonka Beach Trail is identified in
Schedule B, Section 1, item 2 of the commitment oftitle insurance.
PRELIMINARY PLAT IMPACT:
The east/west section of existing Chatonka Beach Trail will be graded at the time Carriage Hills
Parkway is constructed. Upon completion of Carriage Hills Parkway, the City of Prior Lake will
cease to maintain and provide snowplow services to the east/west section. The rights of "others"
to use the 16.5' will not be impacted by the preliminary plat, which identifies the 1 rod section is
located in the right-of-way for Carriage Hills Parkway, public park land and between platted lots.
It is anticipated that "others" will choose to use the improved road and trail systems rather than
privately maintain the separate 1 rod section. In any event, the 1 rod section will not be impacted
by the preliminary plat of Knob Hill.
ULTIMATE USE:
The east/west, (1 rod), section located between future platted lots will remain until such a time as
persons interested in the (1 rod), section grant appropriate quit claim deeds or adjacent ~ ldt-
owners succeed in registering the section via the torrens process.
*
See attached letter and memo from Lommen Nelson Law Firm which identifies three options
available to the City to assert control over the east/west, (1 rod), section.
1) The City could clai,m a conventional prescriptive easement over the east/west, (1 rod),
section on behalf of the public.
2) The City could use its easement claim to induce the titled holders of the land to execute a
quit claim deed in favor of the City.
3) The City could utilize certain statutory provisions to assert control over the east/west, (1
rod), section as follows:
Briefly, Minn. Stat. 160.05(1) provides that "when any road or portion of a road has been used
and kept in repair and worked for at least six years continuously as a public highway by road
authority, it shall be deemed dedicated to the public." The east/west, (1 rod), section has been
maintained by the City and used as public access for 22 years, since annexation of this area to the
City of Prior Lake in 1973. As such, the City could utilize the statutory provisions to assert
control over the east/west, (1 rod), section.
3. The north/south section of Pike Lake Trail located south of c.R. 42 is a gravel road, of which
approximately 1/8 mile, located within the plat of Maple Hill, has been dedicated to the public.
The south 1/4 mile of Pike Lake Trail is located within the legal description of the preliminary
plat of Knob Hill. The City of Prior Lake has maintained and provided snowplow services to the
1/2 mile, north/south section of Pike Lake Trail since annexation to the City in 1973.
PRELIMINARY PLAT:
The preliminary plat of Knob Hill indicates that Pike Lake Trail right-of-way will be dedicated to
the City of Prior Lake.
fj-(~J7 ~ buJ/{J.iOL) ~
CITY OF PRIOR LAKE
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
April 24, 1995
Mr. Roy Stromme
One Financial Plaza - Suite 2500
Minneapolis, MN 55402 -1826
Dear Mr. Stromme:
The purpose of this letter is to inform you that the final plat of Knob Hill has been
scheduled before the City Council on Monday, May 1, 1995. The final plat will be
scheduled as a consent agenda item, similar to other final plat applications
reviewed by the City Council.
A meeting was held at Old Republic Title on Thursday, Apri/13, 1995 which was
attended by representatives of the title company, Glenn Kessel, City Attorney,
Larry Anderson, City Engineer and myself in addition to representatives from
Gold Nugget Development Inc., Len Grassini, and attorney for Gold Nugget
Development Inc. The purpose of the meeting was to review the title issues
identified by Old Republic Title. In summary, the legal descriptions from the
Marian Carpenter Andren and Gold Nugget Development Inc., sites contained
overlapping language in the property descriptions. To clear the issue, deeds
were exchanged on Friday, April 14, 1995 between the two interested parties.
The title company indicated that they would amend the commitment of title
insurance, removing the exceptions indicated on their document dated February
11, 1993 and Schedule A, dated January 17, 1995. If you have questions
related to the commitment of Title Insurance, I suggest that you contact Eileen
Stitz, Old Republic National Title Insurance Company, (612)371-1111.
Please be advised that the preliminary plat of Knob Hill has been approved and
accepted by the City of Prior Lake. The final plat review requires that the plat
phase be drawn consistent with the approved preliminary plat. An agenda report
copy of a draft developer's agreement along with a resolution requesting the
Council to approve the final plat and developer's agreement will be mailed to the
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
City Council this week. The documents will be available for review at the
Planning Department and/or can be obtained by contacting Connie Carlson.
Please note that a copying charge of $.50 per page will be required to obtain a
copy.
I hope that the information contained herein is helpful. If you have additional
questions, please contact me at 447-4230.
SiS:AQ/~
Deb Garross,
Assistant City Planner
dg
cc: file
"KNOBL 1 "
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Rpr 03,1995 11:11RM FROM 612-349-9949
TIJ 4474245
F'.Ol
Roy B. STROMME
Professional Association
LAW OFFICE
ONE FINANCIAL PLAZA - SUITE 2500
120 SOUTH SIXTH STREET
MINNEAPOLIS, MINNESOTA 55402-1826
U.S.A.
Fax: 612/349-9949 Telephone: 612/349-5236
Page I of _.3-.
April 3, 1995
To:
Deb Garros/Don Rye
City of Prior Lake
Facsimile Number:
447-4245
Original will follow by mail.
This Fax IS Confidential.
From:
Roy B. Stromme
~ -~--=-.=~~~,---~:=-:==....:;:::-,---=
Here is a copy of my attorney's opinion on the Knob Hill
plat and title problems.
I seems to me that if that if the City and the developer and
their attorneys would meet with me, we could coordinate a way to
deal efficiently with these issues.
Roy B. stromme
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Direct Dial: 349-S654
April 3, 1995
Mr. Roy B. Stromme
Professional Association
120 South 6th Street Suite 2500
Minneapolis. MN 55402-1826
RE: Plat of Knob Hill, Scott County. Minnesota
Dear Mr. Stromme:
We have examined title to the above plat based on a Title Commitment dated February 11)
1993, at 7:00 a.m. issued by Old Republic National Title Insurance Company's Application No.
S-670l00-S. The commitment was prepared for Gold Nugget Development, Inc. We have also
review the proposed Plat of Knob ffill. Based on these examinations, we find the following:
1. The legal description for the Plat of Knob Hill is a good description to the plat as
depicted. However. it appears that the underlying historical description and chain of title contains
possible gaps and overlaps with your property to the East and your property to Ole South. Since the
historical description is an acreage description and since it is located on Prior Lake, the Easterly and
Southerly boundaries are ambiguous and cannot be located.
2. The proposed plat appears to encroach upon existing Beach Street N.E. and in fact
appears to take part of your front yard which lies South of Beach Street.
3. The Title Commitment also references the .City of prior Lake Right-of~Way PIat No.
1, City Project No. 82.3" which has not been recorded by the City of Prior Lake. In reviewing the
unrecorded copy of said Right-of-Way Plat. it appears that the South boundary of the Knob Hill Plat
does not match the North line of the Right-of-Way establishing the location of the street. The
Western cul-de--sac on the Right-of.Way does not appear to match the Southeast corner of Lot 16,
Block 30, of the Knob Hill Plat. The South line of Beach Street to the Northeast of Lot 7, Bbck 2.
G:\.D<<'SIP\11JL\MVP\32860 _I .l. TR
Apr 03,1995 11:13AM FR[~ 612-349-9949
E:! -'1c174245
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Mr. Roy B. Stromme
April 3, 1995
Paae 2
does not match the same line as shown on the Right-of-Way Plat and the East line of Lot 7, Block 2
Knob HiU does not follow the same angle as shown on the Right-of-Way Plat.
In order for the plat to be approved by the City, you would h.ave to Join in executing it as an
owner. It appears that the ownership to the premises to be platted as Knob Hill cannot be
determined without a District Court jI.Lv...eeding. Since it appears that the plat encroaches upon your
land, which you own in fee or claim by adverse possession, you are a necessary party to the plat.
PinaUy, in order for the plat to be approved, it should Cvv.Jinate and match the Cityts Right-
of-Way Plat for Beach Street. This will avoid questions of access to the owners of Lots in Knob
Hill and elinlinate Questions of additional gaps in the chain of title.
If you have any questions regarding this opinion, please advise.
YOUD, ~
~:'~~Jr.~
MVP:jph
Enclosures
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) 1]!@I]!OWrg "-
MAR 3 0 1995
.!/
Roy B. STROMME
PROFESSIONAL ASSOCIATION
LAW OFFICE
ONE FINANCIAL PLAZA . SUITE 2500
120 SOUTH SIXTH STREET
MINNEAPOLIS, MINNESOTA 55402 . USA
FAX (612) 349-9949 · TELEPHONE (612) 349-5236
March 28, 1995
Deb Garross
Building Permits
The City of Prior Lake
4629 Dakota street SE
Prior Lake, MN 55372
Re: Knob Hill/ Novak, Fleck
Dear Deb:
Thank you for faxing to me today me a copy of your letter of
January 19, 1995 (sic) to Glenn Kessel. Please confirm to me the
implication in your letter that no further City action will be
taken on the Knob Hill plat until after April 4, 1995.
Both the developer and the City have told me that they have
legal opinions that support their positions. To date I have not
received a copy of those opinions even though I have requested a
copy more than once. I would like to review them and I would
like to provide them to my attorney, Reno van Putten, for his
review and opinion, which opinion I would provide to the City.
Therefore, following your receipt of additional advice on April
4, please send me a copy for my review of whatever legal opinions
that have been provided to the City.
My position is that the City cannot approve the plat as you
provided it to me on March 24, 1995, because the developer's
title is defective as to the eastern boundary.
So that I may be able to provide as complete information as
possible to the City and understand all legal guidelines, please
send me a copy of the City's platting ordinance at your earliest
convenience.
Thank you very much.
RBS/rs/ltr
v&ry uly YOUr"L
n \ 13. ~'/'.r&-
R Y ~ Stromme
INTEROFFICE MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
HORST GRASER, DIRECTOR OF PLANNING b-,
LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORK~ -
PUBLIC ROADWAY EASEMENTS FOR CHATONKA BEACH
MARCH 24, 1994
Attached please find a copy of Easement No. 84-8 which was condemned by the City
of Prior Lake in 1987 for permanent easement for public utilities and roadway
purposes for a 16.5 foot width on Chatonka Beach Trail from Beach Street north to
Carriage Hill Road.
In addition, attached is a copy of Easement No. 84-5 for a 16.5 foot wide permanent
easement for public utility and roadway purposes immediately adjacent and west of
the strip described above. Included with the easement numbers are the legal
descriptions and maps which are highlighted showing the locations thereof and a
copy of the condemnation action labeled "Court File No. 86-01188".
The section of Pike Lake Trail south of County Road 42 and Carriage Hill Road
north and west of Chatonka Beach Trail have been maintained by the City of Prior
Lake since they were annexed into the City in the early 70's.
In addition, attached is a blueline copy of City of Prior Lake Right-Of- Way Plat No.
1, City Project No. 82-3 which was prepared by Valley Surveying Company. This
plat was prepared at the request of the property owners in the plats of Chatonka
Beach and Resurvey of Block 1 Chatonka Beach to make it easier for them to
Torrens their property. The highway plat was completed by the City of Prior Lake.
However, the property owners did not complete the Torrens of their property, and
as of this date, the highway plat has not been recorded at the Recorder's Office. This
drawing does provide the legal descriptions and a pictorial drawing of the
easements which we are required as part of this project.
LMEM42.ENG
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
..-,.
STATE Of MINNESOTA
C()JtI,T{ OF' SC01'T
------------------------------
n-.e City of Prior Lake,
Peti tioner,
v.
Robert W. Jeffers, Visioos VIII, a partner-
ship consisting of Leonard Brooks, David
Brooks, Richard wagner and 1heodore Pouliot,
Donald J. Abrams, Kathleen C. Abrams, Mich-
ael V. Broderick, Mary S. Broderick, Arna M.
Vierling, Leo B. Vierling, Marie A. Vier-
1 ing, Bernard I. Vierling, Lecoard Grassini,
Fred Grothe, DJane Bert tJelling. Mamie L.
Melling, Countrywide F\..rlding Corporatioo, C.
Thee weiland, deceased, Fred Albert weiland,
deceased, Ruth M. weiland, individually and
as administrator of the estate of Fred Al-
bert weiland. Ki.nDall Devoy, individually
and as administrator of the estate of Fred
Albert weiland, Ruth M. weiland, Mary E.
Gilbert, Renae J. Stra..'::;"~rg, Verne A. Dahl-
':I' Col.. Kathryn G. Dahl'::4' C;.o" Richfield s...I--:>ls
Credit Unioo, 'IhanaS J. Haucj1, Judith A.
Haugh, Federal Ii:rre U:lan ...-ortgage Corpora-
tion. George W. Dcod, Rlby O. Do..1d, Al-
fred C. Shaddu::k. Marjorie G. Shaddu::k.
Eugene H. Newstrom, Luella Newstrom.
Claude R. Hitchcxx:k. Wilma R. HitchcoCk,
Anthcny J. Tomtore, 01.......-; K. Tomtore,
H. William Evans, Lois R. Evans, Arnold E.
Sjoberg, '1llelma T. Sjoberg, Lloyd E. Bert;-
y' 0;:& l, Vera E. Ber9':l,..." Richard T. UJ5hing.
Gloria L, CUshing, '1lle First JI.~t.-:";:.. "lal Bank
of' Shilk.opee, Arthur F. ~;~r"? Betty Lc:AJ
Stapp, Drove~ ~~';e Ba.'1k in South st. paul.
Mari?n c~~nter Andren. John C. Andren,
Lydia I. Ardren, 1hP Firc:~ ii:::; lV'!al ~:::.;.lk of
t.r1inneapolis, Genevieve Griffith Prindle,
Mary Griffith 0ea."1. Leonard Everett,
Henry L. Griffith Jr., Genevieve Griffith
Bolger. John M. Griffith, Am Griffith Scog-
gin, Fau,l N. Griffith, Harlan V. Ander5a'1.
Helen tv".arie Anderson. ~a!"'d E. CarJsoo,
Maude E. Carlson, F~rick O. Bradach,
DISTRICT COJRT
FIRST JUDICIAL DISTRICT
CXJJRT FILE 00. 86-01188
PART lAL
CERT IF lCATE OF
COM'LET ICN
P"IL~O
SEp.
- 091987
SCOT; c . J
OLJNi'r
COLJRiS
ST ATf nr ~.~~~:~.":'~aT t., COUNTY OF SCOTT
~".. .~ . .";1' ;:1d correct
r. .., ';.-:1 on file and
r- . I'" office.
~.' :. rvIA~GIO . 1
(;l'J9~d~intstrator j" 7 ~~ ~ / ~
184 By: -~
I
Ocj.....!
Marion J. Rradach, Joseph Paul Rush, rns
rv'ortgaqe Corporation, Jack W. Inqalls,
Jeanne E. Boldt, FBS Hcrnes, Incorporated,
Denni sO. John.sa1, Ro........a J. Johnson, Ear l-
ing G. Johnson, Audrey V. Johnson, Robert G.
Johnson, First Federal Savings and U)an
Association of Minneapolis, Gretchen L.
Bush, Martin Trence, Viktors G. Konters,
Maris Stolcers, Edgar ~ins, Vera fvt.1rins,
Valdis M..1rins, Emra M. levins, R. Go. J.......
Nesvi.g, Northwestern Natia'lal Bank of Bloan-
ington-Richfield, 1h:mas B. Shetka, La.1ise
Shetka, Tharas Edward Shetka, Linda Jeanne
Wiecher, Jerry W. Young, Mary L. Young,
Federal National r-brtgage Association, Ed-
rrn.nd J. r-tCorkell, Alice C. M:::Corkell,
Janes L. 1homton, Jr., Janice A. 1homton,
Ik.j-'C&.dable Well Co., ronald 1. Iverson,
Jean L. Iverson, Jotn R. Meyers, Joan E.
Meyers, 'n1e Eitel Hospital, Minnesota Feder-
al Savings and Loan Association, Gary E.
Zywotko, NOI-f D. Zywotko, Jerry P. Bonneau,
Mary B.........:.au, 1he Fanners and Mechanics Sav-
ings Bank of Minneapolis. C.....u.....rll ty State
Bank of Bl<.A.....~.ngt.al, State of Minnesota
Depa. l..,o.:.Ilt of Natural Resources, Alan C.
Lentner, Pauline A. Lentner, Peoples Savings
and l.Dan Association, Steven M. Farrell,
Barbara L. .Farrell, Wilbert L. WOe. J':':.off,
Jr., Minnesota Hcusing Finan::e Ag.w...... y ,
Richard A. Miske, ReL--.. ., L. Miske, Almac,
In:::., a 'Minnesota ~. ~ration, Suburbanw- National Bank of Savage, William J.
SclTrokel, Keith P. Carl5al, Carolyn Carl5a1,
Prior Lake state Bank, County of Scott,
John Ikle and Mary Ikle,
Rc.:o~ .dents.
NOW (x)~S mE PETITIONER IN mE AOOVE-ENTITLED M\TTER AND 5I'ATES:
1. That the Petitioner The City of Prior Lake, pursuant to M.S.A.
117.205, hereby certifies that the condemnation proceedings for the
properties described herein have been completed.
2. That the legal descriptions of the tracts certified herein are
attached as Exhibit "A".
-2-
3. That the purposes for 'Nhich the land \\as taken were for road-
\iloI8.ys, sanitary sewers, \tJaterntiins, stonn drains and utility purposes.
4. That the final payments of the a\tJards have been rrade.
LQM.EN, NEL:DN, COLE & Sf AGE BERG , P .A.
By ,fletth411
V. Owen Nelsoo 1.0. No. 7t!>2'fX
Attorneys for Petitioner
1100 Tcr Tower
Minneapol is, Minnesota 55402
(612) 339-8131
CERTIFICATE OF CLERK Cf' DI5rRICT COORT
I hereby certify that Certificate of Completion has been filed
w1th this office 00
Clerk of District Court
This inst rument \\as drafted by:
Loomen, Nelson, Cole & Stageberg, P.A.
11 00 TCF Tower
Minneapol is, ~ 55402
-3-
OS M EASEMENT' NO.
Descrlptfon and Drawing
~
oeM
........ --
..... .......
\.AAJ
84-8
. *-' cttftf'f fMAI 1MI WIWf. """" Of IffOCf w.... Iftf.... " ... 01
lit ..-cT IWtI'MlOM ... , , .. , No' ~fttN u.HO k, , . ,
Nt &A... 01 .. If'"~ IOtA.
1//z(J/".J~
, ..It
WA..... L ~ ... MQ. ,...
ORR. SCHELEN. MAYERON & ASSOCI A . c:.8.1NC.
.." "" 11(."". 1ft . "'( .M. .............U.,. 'M" . ..." ........
NOTEs N. .....4_,. ...,l w.. '.,f.,.... .. t. ... 'IkKI..
lee... ef ,.1. t,ect.
.
"PARCEL' NO.:
OWNERS: An parties of Interest fn the plats of Oaatonka Beach and
, 'Resurve1 of 810ct ,1. Catonka Beach
"
OfSCRIPTIOfC. CF EASaEICT:
A pennanent ease.ent for publfc utn fty and roadway purposes ewer, under, and
across the Road 1 Rod Vide, according to the plat of Oaatonb Beach on file tn
the office 1)f the ~nt1 Recorder, Scott Count1. -Kfnnesotalltng norther11 of
the following descrtbed.Hne: , .... .
Commenc1 ng It the northeast corner of lot 1. Block Z. Chatonh Beach, according.
to the. record plat on file fn the office of the County Recorder. Scott County.
Minnesota; thence North 64 degrees 42 .inutes 33 seconds Elst. assUMed beartng.
along the north 11ne of Block J~ Resurvey of Bloct 1. Chatonka Beach. according
"\ to the record plat on file in the office ,of the County Recorder. Scott County.
;; it' Mtnnesota a distance of 303.37 feet to the'po1nt of beginning of the line to be
, '\ r described; thence South 76 degrees 57 lIIinutes S4 seconds West I distance of
c\ ,f'( 580.19 feet; thence South S2 degrees 25 lIlinutes 58 seconds West I distance of
. \ U 'J-... Z.91 feet to the northwest corner of Lot 6, Bloct 2. satd plat of Ch.tonka
.-,': Beach and .said 11ne there tenainattng. '
~. ,. l...... .
,,,,; \ And a perlllnent elSe.ent for public Ut11tt1 and roadway purposes over. under,
,,0 and Icross that p&rt of t!\e dedtcated driveway tn Bloct 2 IS shown on satd plat
5' ~. of Chatonta Belch aAd 1)1 ng northerly and westerly of satd prevt ously described
~~. f'~v I Une.
,S-
',; ,J
"\ \~
'r
c\
And I per"IHnent elSeMent for publtc utiHty Ind roadwlY purposes over. under.
and ac:ross that ~rt of the dedicated driveway in Block 1 IS shown on said plat
of Resurvey of Bloct t. Chatonkl Beach and lying northerly Ind elsterly of Slid
previously described line.
Together :with I teapora,., construction easeaent over. under. and across that
part of the dedicated driveways in safd plats of Chatonka Beach and Resurvey of
Block I, Chatonta Seach lying southerly of safd lbove described l1ne Ind nor-
therly of the northerly tine of Bloct 1. said Resurvey of Block 1 Ind Block 2
of said Chatonka Beach.
Said pennanent easement contains 37.541 square feet or 0.86 Icres IIIOre or less.
Said temporary easement contains 15,212 square feet or 0.35 acres DOre or less.
( PLAT OF CHATONKA BEACH. (
--------------------------------------------------------------------------------------
LE~~ DESCRIPTION:
US! GRANTEE OF RECORD:
Lots 1 and 2, Block 1, Resurvey of Block 1,
Renae J. Strandberg,
ADJRESS:
10203 Drew Ave.
Bloomington, Minn. 55431,
Abstract.
PRO?ER1"!:
DE~RIP'tION OF OWNERSHIP AS FOUND IN:
. ,
Quit Clai~ Deed recorded as Doc. No. 129205.
-------------~-----~-------------------------------------------------------------
LEGAL DESCRIPTION:
LAS1' GRANTEE OF RECORD:
Lot 3, Block 1, Resurvey of Block 1.
Verne A.. Dahlgren and wife
Kathryn G. as Joint Tenants.
4979 Beach Street.
Prior Lake, .Minn. 55372.
Abstract.
ADDUSS:
PRO?ERTY:
~~R.IP.l'ION OF OWNERSHIP AS FOUND IN:
Warranty Deed Doc. No. 1361.75.
--------------------------------------------------------------------------------
LE~~L DESCRIPTION:
I..AS! GRANTEE OF RECORD:
Lot 4, Block 1, Resurvey of Block 1.
Thomas J. Haugh and wife
Judith A. as Joint Tenants.
4973 Beach Street NE.
Prior Lake, Minn. 55372.
Abstract.
ADDaESS:
PROPERTY:
DESCRIPTION OF OWNERSHIP AS FOUND IU:
-.
--
Warranty Deed Doc. No. 141596.
---------------------------------------~--------------------------------------------
~GAL DESCRIPTION:
LAST GRA-~EE OF RECORD:
Lots 5 and 6, Block 1, Resurvey of Block 1.
George W. Doud and ~ife Ruby D.
as Joint Tenants.
2606 Dogwood
Norris town, Pennsylvania 19401.
Abstract.
ADDRESS:
PROPERTY:
D~SCRIPTION OF OWNERSHIP AS FOUND IN:
Quit Claim Deed in book 166 of Dee~ on page 214,
-------------------------------------------------------------------------------
LEGAL DESCRIPTION:
USI GRANTEE OF RECORD:
Lots 7 and 8, 'Block 1, Resurvey of Block l.
Eugene H. Newstrom and wife Luella
as Joint Tenants.
4301 Overlook Drive.
Bloomington, Minn. 55437.
Abstract.
ADD?ESS:
PRO?ERTY:
DESCRIPTION OF O~~ERSHIP AS FOUND IN:
Q~it Claim Deed recorded as Doc. No. ~11561.
---------------------------------------------------------~-------
------------------------------
~GAL'~tscRIPTIOH:
I.AST CRA.."'7EE OF RECORD:
ADDRESS:
PROPERTY:
DESCRIPTION or, OWNERSHIP AS FOUND IN:
-------
-----------------------------
Lot 9 and all that
Claude R. Hitchock
as Joint Tenants.
9316' Nico11et Ave.
Bloomineton, Minn.
Abstract.
part of Lot 10, Block l,~~.
and wife Wilma R.
55420.
Warranty Deed recorded as Doc. No. 111844.
Limited Wa"rranty Deed recorded as Doc. No. 115802,
--------------------------------------------
--------------------------------
LEGAL DESCRIPTION:
LAST CRAh'"I'EE OF. RECORD:
ADORESS:
PROPERTY:
DESCRIETION OF OWNERSHIP AS FOUND IN:
--------
Se~ Next page for exact legal.
H. William Evans and Lois R. Evans.
as Joint Tenants.
4931 Beach Street HE.
Prior Lake, Minn. 55372.
Abstract.
Warranty Deed recorded as Doc. No. 118880.
-------------------------------------------
-------------------------------
LEGAL DESCRIPTION:
LAST GRA..""TEE OF RECORD:
ADDRESS:
PROPERTY:
DESCRIPTION OF O\o.'NERSHIP AS FOUND .In:
" .
Part of Lots 8 and 9, Block 2.
Arnold E. Sjoberg and wife Thelma T.
as Joint Tenants.
4841 Beach Street NE.
Prior Lake, Minn. 55372.
Abstract.
Warranty Deed recorded as Doc, No. 115511,
--------------------------~---------------------------------------------------
LEGAL DESCRIPTION:
LAST CRAh"TEE OF RECORD:
ADDRESS:
PROPE2.TY:
DESCRIPTION OF OWNERSHIP AS FOUND IN:
Lots 6 and 7, and part of Lot 8, Block 2.
Lloyd E. Berggren and wife Vera E.
as Joint Tenants.
4853 Beach Street NE.
Prior Lake, Minn. 55372. ~
Abs tract. . ....-/\
Warranty Deed in book 152 of Deeds on pages 513-14,
-----------------------------------------------------------------------------
LEGAi DESCRIPTION:
LAST GRAh"TE! OF RECORD:
ADDRESS:
PROPERTY:
DESCRIPtION OF Oh~ERSHIP AS FOUND IN:
Part of Lot 9, Block 2.
Duane Bert Mell~ng and.wife Mamie L.
as Joint Tenants:
4833 Beach Street NE.
Prior Lake, MiJ1n. 55372.
Torrens.
Certificate of Title No. 15017.
~
-----------------------------------------------------------------------~-----
***Chato~ Beach, Resurvey:of Block 1, Scott County, Uinnesota, described as follows:
Beginning at the Northeast corner of said Lot 10; thence Southerly along the East line
thereof a distance of 148.85 feet; thence Northerly to a point on the Horth line of said
Lot 10, c!stant 25.0 feet Westerly of the Northeast corner thereof; thence Easterly 25.0
feet to the point of beginning.
l..
\..
" . ..
--------------------------------------------------------------------------------
LEGAL D~SCRIPTION:
LAST GRA...\-rEE OF RECORD:
Lot 13, Block 1, Resurvey of Block 1.
Lot 1 and E~ Lot 2, Block 2.
Richard.T. Cushing and wife Gloria L.
as Joint Tenants.
4628 Casco Ave.
Edina, Minn. 55424.
Abs tract.
Quit Clai~ Deed recorded as Doc. No. 117233.
ADDRESS:
PROPERTY:
DESCRIPTION ~F pWNERSHIP AS FOUND IN:
--------------------------------------------------------------------------------
LEGAL DESCRIPTION:
LAST CRAh"TEE OF RECORD:
W~ Lot 2, all of -Lot 3; E~ Lot 4, Block 2.
F. A. Weiland, a single man.
Glen Ellyn Park.
Shakopee, Minn. 55379.
ADDRESS:
PROPER.TY:
Abstract.
DESCRIPTION OF OWNERSHIP AS FOUND IN:
Warranty Deed in ?ook 139 of Deeds on page 69,
-------------------------------------------------------------------------------
LEGAL DESCRIPTION:
LAST GR.A..."TEE OF RECORD:
W~ Lot 4, all Lot 5, Block 2,
Arthur F. Stapp and Betty Lou Stapp
as Joint Tenants.
310 Park Lane.
South St. Paul, Minn. 55075.
Abs tract.:,
ADDRESS:
PROPER.TY:
DESCRIPTION OF OWNERSHIP AS FOUND :IN:
Warranty Deed in book 154 of Deeds on page 624.
LEGAL CO~~INUED FROM PREVIOUS PACE.
Lots 10, 11 and 12, Block 1, Block 1, ofChatonka Beach, according to the
plat the~eof of the Resurvey of "Block 1, of Chatonka Beach, on file and of
record 1: the Office of the County Recorder" in and for Scott County, Minnesota,
EXCEPT: That part of Lot 10, described as follows: Beginning at the Northeast
corner c~ said Lot 10; thence Southerly' along the East line thereof a distance
of 148.85 ~eet; tbence Northerly to a point on the North line of said Lot 10,
distant :5.0 feet Westerly of the Northeast corner thereof; thence Easterly 25,0
feet to ~he point of beginning.
'j,5 (1 rod)
-16,5
. NW cor. of East 20 acres
of Gov't Lot 3
(') .'
r;.1 '~/I
I
(
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East line of the West 23.8 Acres
S 00022)20" E
1054.20
Cji!\j'O!;{K A -1L
'"
,
Utility & Roadway Easement per Document
No. ,~196~12 & 238700
Also dedicated on the plat of Chatonka Beach
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Hi
Roy B. STROMME
Professional Association
T",{I~J
\~. MAR28mi ~
March 24, 1995
LAW OFFICE
ONE FINANCIAL PLAZA - SUITE 2500
120 SOUTH SIXTH STREET
MINNEAPOLIS, MINNESOTA 55402-1826
U,S,A,
Fax: 612/349-9949 Telephone: 612/349-5236
To:
Deb Garos/Don Rye
City of Prior Lake
Page 1 of 2
Facsimile Number:
447-4245
Original will follow by mail.
This Fax IS Confidential,
From:
Roy B. Stromme
I appreciated Deb's call back this afternoon, and I very
much appreciate your taking time out yesterday to fax and
assemble for me the legal materials concerning the Knob Hill
final plat.
The point I am making, which I have been talking to the
developer and the City about since 1993 is that the currently
existing Knob Hill legal description does not contain a fixed
eastern boundary along Chatonka Beach Trail. This is explained
on page 2, in Schedule B, section 1 "Requirements" of the January
17, 1995 title policy issued to Gold Nugget Development, Inc. and
the City:
...the legal description for the property located in
Government Lot 3 described at No. 4 [of the title policy]
under Schedule A herein contains possible gaps or overlaps
with the properties to the East ...
The gap or overlap occurs with my property immediately to
the east of the Gold Nugget property and with the physical
location of Chatonka Beach Trail. The reason for the moving east
boundary is that the currently existing Gold Nugget legal
description, found at schedule A, item 4 of the February 11, 1993
policy is the "North Seventeen (17) acres of the West Twenty-
three and eighty hundredths (23.80) acres of Government Lot Three
(3)..." This legal description describes a volume of land which
THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED FOR THE
USE OF THE ADDRESSEE AND NO ONE ElSE. IF YOU ARE NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE
TO DELIVER THIS MESSAGE TO THE INTENDED RECIPIENT, PLEASE DO NOT USE THIS TRANSMISSION IN ANY WAY, BUT CONTACT THE
SENDER BY TELEPHONE (COLLECTIIMMEDIATELY SO THAT WE CAN ARRANGE FOR THE RETRIEVAL OF THE ORIGINAL DOCUMENT AT
NO COST TO YOU. THANK YOU FOR YOUR CAREFUL HANDLING OF THIS FACSIMILE MESSAGE.
March 24, 1995
Page 2 of ?
FACSIMILE MEsSAGE FROM Roy B. STROMME
varies with the locatio:l of the shoreline of Prior Lake;
therefore its eastern b~undry is not determinable.
Apparently Gold NU'Jget has proposed to the City that its
eastern ownership line ldll be correctly clarified in the
registration proceeding filed January 6, 1995 as Document No.
347686 in conformity with the legal description set out at No. 4
in the January 17, 1995 title policy. I'm not so sure. But
obviously, Gold Nugget ~oesn't want to wait a year or more before
it begins its development to find out the result of the land
registration proceeding.
However, without a fixed boundary on the east line of Gold
Nugget's final plat, I don't see how the City can approve that
final plat.
One way to resolve this problem quickly would be for Gold
Nugget to move its eastern final plat boundary far enough to the
west so that under any interpretation of the defective legal
description, no boundary disputes would occur. I suggest that a
proper distance would be 50 feet west of my and the Anderens'
western lot lines (assu~ing those are located properly-which I
have yet to verify). THen if Gold Nugget loses its claim, that
land would become part of the Chatonka Beach owners' easement (or
revert to other ownershilp), and if Gold Nugget wins all or part
of that 50 feet, what they are determined to own could be tacked
on to the back of their eastern row of lots.
Maybe you have other thoughts on how to resolve the problem
that would provide me with adequate assurance that my property
rights are protected and I would appreciate a response from you.
Over the past two yrars, beginning with my discussions with
Jim Hayes and others in 993, I have been relying on the City to
keep me informed about t e progress of the plat and to act in the
best interests of its reBidents and the residents of Chatonka
Beach. I believe that I have made all my objections timely and
properly (and am prepare(l to proceed on my own if necessary _
which I would very much ]~ather not do).
Thank you very much,
Roy B. stromme
THE INFORMATION CONTAINED IN THIS FACSIMILE IIIESSAGE IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED FOR THE
USE OF THE ADDRESSEE AND NO ONE ElSE. IF YOI J ARE NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE
TO DELIVER THIS MESSAGE TO THE INTENDED RECIPIENT, PLEASE DO NOT USE THIS TRANSMISSION IN ANY WAY, BUT CONTACT THE
SENDER BY TELEPHONE (COLLECTIIMMEDIATELY SI) THAT WE CAN ARRANGE FOR THE RETRIEVAL OF THE ORIGINAL DOCUMENT AT
NO COST TO YOU. THANK YOU FOR YOUR CAREFUL HANDLING OF THIS FACSIMILE MESSAGE,
"OOI.T07'
March 21, 1995
Glenn Kessel
Lommen, Nelson, Cole &
Stageberg P,A,
1800 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Dear Glenn,
Attached fmd three items: 1) Carriage Hills Fourth Addn, final plat; 2) Knob Hill final plat; 3)
Townhome site plan for Larry Gensmer, Please review the two final plat applications and
commitment for TItle Insurance, If you need an additional copy for Knob Hill, it will be
forwarded, Knob Hill will utilize the commitment for title insurance that was reviewed by your
office in February, It is anticipated that the fmal plats for Carriage Hills and Knob Hill will be
scheduled before the City Council on April 17, 1995, Please submit your comments in writing
related to .the final plats by Friday, April 7, 1995.
The townhome site plan was submitted with a set of bylaws as well as declaration of covenants.
Please review these items and inform me of any action required by the City relative to the bylaws
and covenants, Your comments relative to this issue should be forwarded to me by March 28,
1995, Once the site plan is approved, Mr, Gensmer will file a building permit application to
construct the two, three unit townhomes,
Thank you for your attention to this matter!
S~~)jtm~
Deb Garross
Assistant City Planner
Enclosure
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
W)f\IE~
N
) m@mD\Yl~~
Ml~R I 1995
/'
;./
....................................
1800 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
LAW FIRM
Southside Office Plaza, Suite 2A
1810 Crestview Drive
Hudson, WI 54016
Lommen, Nelson, Cole & Stageberg, p.A.
(612) 339-8131
Minnesota WATS (800) 752-4297
FAX (612) 339-8064
Glenn R. Kessel
Attorney at Law
Minneapolis Office
(715) 386-8217
Twin City Line (612) 436-8085
FAX (715) 386-8219
(612) 336-9338
February 27, 1995
Ms. Deb Garross
Assistant City Planner
City of Prior Lake
16200 Eagle Creek Avenue S,E.
Prior Lake, MN 55372
Re: Knob Hill Plat - Gold Nugget Development, Inc,
Dear Deb:
Horst Graser sent me a revised Commitment for Title Insurance with an effective date of
January 17, 1995 at 7:00 a,m, Based upon that review, I am of the opinion that the
described property is vested in fee simple in Leonard Grassini, an undivided one-half interest
and Fred I. Grothe, Trustee under that certain Trust Agreement dated October 9, 1992, an
undivided one-half interest. The property is subject to the following:
1, The property is subject to a Contract for Deed between the fee owners and
Gold Nugget Development, Inc" a Minnesota corporation, as purchaser, which is dated
April 15, 1993 and filed for record on April 22, 1993 as Document No. 312436.
2. There are temporary and permanent easements for public utility and roadway
purposes as described in Schedule B, Section 2, Items 4 and 5,
3.
Item 6.
There is a private road easement as described in Schedule B, Section 2,
4, Schedule B, Section 1, Item 2 discusses title problems in that there are certain
ambiguities in the title as well as possible gaps and overlaps, Apparently, to correct those
title problems, an application to register title to the land was filed on January 6, 1995 as
Document No, 347686,
Lommen, Nelson, Cole & Stageberg, P.A,
Ms, Deb Garross
February 27, 1995
Page 2
In discussing the title problem with Horst. he indicated that he will be meeting with Scott
County officials to see if that is going to create any problems with recording the plat prior to :Y-
the registration being comple~,
Please give me a call should you have any questions regarding this revised opinion.
Very truly yours,
LOMMEN, NELSON, COLE & STAGEBERG, P,A,
~l~
Glenn R. Kessel
GRKLw
cc: Horst Graser
S:\SHDA T A \16772G\GRK\LETIERS\GARROS#7.L TR
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....................................
1800 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
LAW FIRM
Southside Office Plaza, Suite 2A
1810 Crestview Drive
Hudson, WI 54016
Lommen, Nelson, Cole & Stageberg, P.A
(612) 339-8131
Minnesota WATS (800) 752-4297
FAX (612) 339-8064
Glenn R. Kessel
Attorney at Law
Minneapolis Office
(715) 386-8217
Twin City Line (612) 436-8085
FAX (715) 386-8219
(612) 336-9338
February 17, 1995
Ms. Deb Garross
Assistant City Planner
City of Prior Lake
16200 Eagle Creek Avenue S. E.
Prior Lake, MN 55372
Re: Knob Hill Plat - Gold Nugget Development, Inc.
Dear Deb:
I have reviewed the Commitment for Title Insurance issued by Old Republic National Title
Insurance Company with an effective date of February 11, 1993 at 7:00 a,m. Based upon
that review, I am of the opinion that the described property is vested in fee simple in
Leonard Grassini, an undivided one-half interest and Fred I. Grothe, Trustee under that
certain Trust Agreement dated October 9, 1992, an undivided one-half interest, The
property is subject to the following:
1, An unrecorded Contract for Deed in favor of Gold Nugget Develvpment, Inc,
2, Taxes for 1993 in the amount of $2,371 are not paid. The property has been
assessed under the Green Acres Law. Upon a sale, the property is subject to reassessment
for the last three years in accordance with Minn, Stat. ~273 .111.
3, There are utility easements as described in Schedule B, Nos. 3 and 4,
4. There is a private road easement set forth on Schedule B, No.5,
5. Schedule B, No, 7 states that the legal description for the property located in
Government Lot 3 is ambiguous. The examiner for Old Republic National Title Insurance
Company was unable to determine if the two legals are contiguous to each other, The
examiner stated that they would require that the property be registered prior to their issuing a
title insurance policy excluding that exception to title.
Lommen, Nelson, Cole & Stageberg, P,A.
Ms, Deb Garross
February 17, 1995
Page 2
I attempted to call Horst Graser to discuss the one issue with respect to the legal description,
however, I was told he was out of town until next Thursday,
Customarily, wit..l], respect to c.o!!lmercial real est2te, most attorneys require and recommend
title insurance for the purchaser, If a title insurance policy is issued, the ti!l~insurance
colllpany.. insures tnarketabl~ t~t~~~114~iIJ(;()rrectAe!ects. undeiilie-i)oIicrl~!l1~ ey~?f th~~e
are.~efects -whichwoiif,Cshow up in the future, A tide opinion issued by an attorney
likewise would require the attorney's office to correct defects in marketable title to the
property if they would arise in the future to avoid a malpractice suit, however, the ability to
do that would depend upon whether the attorney was still in practice, had assets to respond to
a malpractice suit, or had malpractice insurance coverage, Therefore, \Vhile,forthese
pU!p'()~~~s,_~ither would be sufficient since the County RecorderaIsou'reviews the plat prior to
. recording~_~e w~~~~ reco~~(L!l!e__ ti!l~_ 11!sll!ance route,
Please give me a call should you have any questions.
Very truly yours,
'[..EN,\NZQ' COLE & STAGEBERG, P.A.
Glenn R. Kessel
GRK:dh
S:\SHDA T A \16772G\GRK\LETTERS\GARROS#7.L TR
)
MEMO
DATE:
GLENN KESSEL, CITY ATTORNEY
DEB GARROSS, ASSISTANT CITY PLANNER
FEBRUARY 10,1995
COMMITMENT TO INSURE - GOLD NUGGET'DEVELOPMENT, INC.
TO:
FROM:
RE:
Glenn, attached find the Commitment of Title Insurance for the plat of Knob Hill. Please
review the attached document and provide me with a letter indicating any deficiencies
the developer needs to address and also a brief explanation for the City Council that
describes the difference between a Commitment of Title Insurance and a title opinion
and why a Commitment of Title Insurance is preferred,
If you have questions related to the Commitment of Title Insurance and find any
deficiencies please contact Horst Graser at 424-4955 as soon as possible. The intent
of the developer is to proceed as soon as possible to file a final plat. If you have
questions related to this request please contact me at 447-4230, The information
requested in this memo should be provided to me by February 22, If there will be a
problem in meeting this deadline please contact me directly so that we can work out an
alternate schedule,
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
..-,."",......-.-:........,-..
"OOGLI!N"
January 19, 1995
Glenn Kessel
Lommen, Nelson, Cole &
Stageberg P,A,
1800 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Dear Glenn,
Attached find infvlluation related to the commitment of title insurance for the final plat of Knob
Hill. Also attached is a letter from Roy Stromme expressing concern over a "defective legal
description" identified in the January 17, 1995 title policy, Specifically No, 4, See attached
letter dated March 24, 1995 for reference,
Please review the attached information and advise me, in wntmg, of the procedure you
recommend the City follow related to the final plat approval process and response to the
concerns expressed by Mr, Stromme, In addition, advise me whether the letters dated February
17th, 27, 1995 and any future letters from your office are considered public information for
distribution to Mr, Stromme or other property owners within the plat of Chatonka Beach,
If you have questions related to this issue or require additional information, please contact me
directly at 447-4230, I would appreciate your comments by Tuesday, April 4, 1995, If this date
cannot be met, please contact me to establish a revised schedule,
Thank you for your attention to this matter!
Sincerely,
(A J:!J;t~([eYC0
Deb Garross
Assistant City Planner
Enclosure
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
JUN-15-1994 11:35 FROM LOMMEN-NELSON, MPLS,
TO
94474245
P . i2l1
LO)f)fE~
N.. Ti'-' ('""";Ir).-~-;-
:1",1 t." ~~ ,!J. .,t~.~ .~ i'\
1 .. ,J _\ l ).~ .! I ~
- .. ,"AJ "'--'" _ ,
1800 IDS C&rJt8l"
80 South Eighth Street
Minneapolis, Minne.sotl SS0W2
LAW FIRM
Southside om".. Pl...za. Suile 2A
1810 Ctutvie:w Drive
Hud.$On. WI 54016
Lommen, Nelson. Cole &: Sragebers,. P A.
(612) 339-8131
Mil\l1l'J8OTA W ATS ~OO) 7524291
FAX (612) 339-&064
Minn~polis OftiCb
(715) 386-8217
Twi.a City Line (612) 436-8085
FAX (715) 386-8219
(612) 339-8131
FAX TRAN~MISSION COVER SHEET
TO:
Horst Graser
COMPANY:
ADDRESS:
TELEPHONE:
FAX NUMBER: 447-4245
FROM:
~lE;nn R. Kessel
LOMMEN, NELSON 1 COLE &: STAGEBERG, P. A,
1800 IDS Center
Minneapolis, MN 55402
Telephone Number: (612) 339-8131
Fax Number: (612) 339-8064
NUMBER OF SHEETS (INCLUDING THIS COVER SHEET) : 14
SPECIAL INSTRUCTIONS:
IF PROBLEMS WITH TRANSMISSION OR IF NOT ALL PAGES
RECEIVED, PLEASE CALL DEBBIE AT 336-4388.
The information contained in the facsimile message is attorney
privileged and ~onfidential information intended only for the use
of the individual or entity named above, If the reader of this
message is not the intended recipient, you are hereby notified
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error, please immediately notify us by
telephone, and return the original message to us at the above
address via the U.S, Postal service.
\
\,
JU~~-15-1 994 11 : JE, FROM
LOMMEN-NELSON, MPLS.
TO
'34474245
P,02
LO}f)[E~
~ T I ,'T j~ ~l:]!f:. T
:'~:I!fM '.; .~~ ~i~l;.t
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.... a.. A" 6...... "..............................................
1800 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
LAW
FIR M
Souths.ide Ol.'flce Plaza, Suite 2A
1810 Cr.:stview Drive
Hlidson, WI 54016
wnw,>!". N~lf(m, Co/~ & Sragebt!'-P. P.A.
(612) 339-S131
Minnesola W A TS (800) 752-4297
FAX (612) 339-8064
Glenn R. Kessel
Attorney at Law
Minneapolis Office
(715) 386-8217
Twin City Litle (612) 436.8085
FAX (715) 386-8219
(612) 336-9338
June 15, 1994
By Faoaimil~ - 447-4245
Mr, Horst Graser
City of Prior Lake
4629 Dakota Street S,E.
Prior Lake, MN 55372
Dear Horst:
Enclosed please find relevant information on the Carriage Hills
roadway issue in the Knob Hill plat. Please give me a call if
you have any questions regarding this information,
Very truly yours,
t,MMEN, NELSf;., COLE
rO~ \ ~
Glenn R, Kessel
& STAGEBERG, P.A.
GRK:dh
enclosures
S: \SHDATA\lG772G\GRK\lETTERS\GRASER'1. lTR
JUN-15-1994 11:36 FROM LOMMEN-NELSON. MPLS,
TO
94474245
P.0J
M E M Q RAN 0 IT M
TO:
Glenn R, Kessel
FROM:
Josh Kasdan
DATE~
November 19, 1993
~E:
City of Prior Lake - Sportsman's Club Access Matter
Our File No. 16772G
Glenn,
I have looked into the issue of establishing an easement over the
strip of land in question. I believe the City of Prior Lake has
three options if it wishes to assert control over the land,
Additionally, the Sportsman's Club may have an option to claim an
easement over the land in question, Determining which option is
most appropriate for the City of Prior Lake and the Sportsman's
Club depends on specific facts currently beyond my knowledge. In
the absence of the specific facts, I am offering only the general
analyses.
The first option for the City of Prior Lake is taking a dedication \
of the road pursuant to Minn, Stat, S 160,05 ( 1) . This statute ..
provides that "when any road or portion of a road has been used and '"
kept in repair and worked for at least six years continuously as a
public highway by road authority, it shall be deemed dedicated to
the public, "Satisfying this statute would involve three
basic elements; (1) that the land sought for a prescriptive
easement was used as a road; (2) that the City or other road
authority performed some maintenance or repair functions on the
road; and (3) tne USe and wo~k or repair on the road is continuous
for six years preceding the' application for a prescriptive
easement. Any type of road, no matter how crude, will satisfy the
"public highway" requirement in this case. The Minnesota Supreme.~.
Court has held that it is "the right of travel by all the world,'
and not the exercise of the right, which constitutes a road a
public highway." h>>derson v~ ~eland, 38 N.w,2d 215,219 (Minn.
1949). A more difficult issue is whether the City or other road
authority had done any work on the road with any regularity over
the past six years, In satisfying this requirement, however, it is
not necessary that every part of the road have been worked on at
government expense or that any particular part of the road receive
attention every year of this six year period, Leeper v. Hampton
.Hill$. I.I!.l:L..., 187 N,W,2d 765 (Minn. 1971), Finally, the six year
requirement is merely a matter of fact,
.1/ The S~COtr:-d option tfOr tbheh lCfitYf ihS tob1clairn ha conv~ntional
'--./ prescr~p ~ ve easemen on e a 0 t e pu ic. T e requ~rements
JUN-15-1994 11:37 FROM LOMMEN-NELSON. MPLS,
TO
94474245
P.04
for establishing a prescriptive easement are that it be hostile or
adverse, under claim of right; open, and continuous, Minn, Stat.
Ann. S 541,02. Onder 9 541,02 adverseness will be presumed if the
other elements giving rise to prescriptive easement are shown, In
such a case the burden falls upon the owner of the servient estate
to establish that the use was permissive, ~e v. Henri~ksen, 165
N.W,2d 209 (Minn. 1968). Therefore, the City must show an open;
visible, continuous and unmolested use of the property by the
public for the statutory fifteen year period inconsistent with the
rights of the servient estate, While these are questions of fact,
the consistent travel across an access route over another's
property with an automobile has been held to constitute an open and
visible use that is hostile to the owner of the servient estate.
Lindquist v. W~~, 404 N.W.2d 884 (Minn. Ct. App. 1987), As to
the element of continuousness, the courts have held that where the
adverse use was continuous on a seasonal basis then a prescriptive
easement was possible for the limited seasonal use, ~ v_ Munch,
61 N,W. 1022 (Minn. 1896),
,.c-' .
, 2,'.
" :Y
The final option for the City of Prior Lake would be to avoid
obtaining a prescriptive easement by using their easement claim to
induce the titled holders of the land to execute a quit claim deed
in favor of the City, Short of that; the owners may be' willing to
grant a written easement to the public, Once appraised of the
situation it is not unlikely that the titled holders of the land
would be willing to grant a written easement.
The analysis of obtaining a prescriptive easement for the
Sportsman's Club is identical to that of obtaining a public
easement. Requirements are that use by the Sportsman's Club was
open, visible, continuous and unmolested for a statutory fifteen
year period with actions inconsistent with tha rights of the owners
of the servient estate. If members of the Sportsman's Club were
the only individuals using the access, then this method would be an
appropriate method of obtaining a prescriptive easement. However,
if there was no exclusivity in use of the access by members of the
Sportsman's Club, then a public easement may be more appropriate,
This is because~it is a more difficult argument to show that the
Sportsmanfs Club obtains an easement through the actions of
individual members which mayor may not be its agents; or that the
individual members have obtained an easement for themselves through
tacking on actions of prior members. The potential defenses
against A Sportsmen f s Club action would likely include lack of
privity and lack of actual use. These defenses are not present in
an action for a public prescriptive easement.
Finally, the procedure for the ultimate removal of the fence should
begin with the notification of the infringing party that they do
not have title to the land and that the City claims a public
easement across the land, The next step is the filing for an
injunction prohibiting the obstruction of the easement, Through
the injunction, the court would analyze the validity of a public
2
JUN-15-1994 11:38 FROM LOMMEN-NELSON, MPLS,
TO
'34474245
P.05
prescriptive easement. (Even with a written easement an injunction
is the proper remedy to preclude obstruction of an easement.)
Without such a judicial blessing of the public right to an
easement, the City lacks authority to force removal of the gate.
If you have access to additional facts and would like me to do a
fact-specific analysisJ please let me know,
Josh
JDK/blr
JDK\GRK,MM2
3
JUN-1S-1994 11:38
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296 Minn.
220 NORTH WESTER.N REPORTER, 2d SERIES
tng them that to convkt for other of-
fenses may result in unjust double pun-
ishment," (Italics supplied.)
Reversed and new trial granted,
SCOTT, J., took no part in the consider-
ation or decision of this case.
~l1 ...... ~H~
William QUIST. Respondent,
Gerald 0, Behrendt, et at. Intervenors,
Respondents,
v,
Richard FULLER, Appellant.
NIl,44268.
Supreme COllrt or MiIlJ:lCsotll.
Jul~ ~, 1974.
Action based on alleged tortious in-
terference with contract for sale of land,
The complaint was amended to include
claim of prescriptive easement over a
closely situated lot owned by defendant.
The Distr'ict Court, Anoka County, Carroll
E, Larson, J., ordered that judgment be en-
tered in favor of plaintiffs. Defendant ap-
pealed. The Supreme Court, Scou, J., held
that since ddendant was aware of use of
subject lot as means of egress and in-
gress by plaintiffs his purchase of lot was
subject to any rights acquired prior to that
time by plaintiffs or the general public and
that since the public had acquired easement
by prescription its right could not be divest-
ed without public consent or operation of
la.w :'l.nd that ta;.{ title conveyance did not
terminate the public.'s rights in road.
Affirmed.
.1. Easements (!;;:;>22
Defendant, who wa!l owner of one Jot
for substantial period of time prior to his
acquisition of adjacent lot, which allegedly
wa.s burdened with prescriptive easement
for roadway, and who was aware of use of
adjacent lot as means of both egress and
ingress by plaintiffs, acquired such lot sub-
ject to any rights acquired prior to that
time by plaintiffs or the general public.
public acquir
and the pub;
without pul
law, and a
terminate p'.
2. Easements ~36(1)
Where one claiming an easement has
established open, continuous, and unmolest-
ed use, there is a presumption that the use
was adverse, thereby placing on the owner
of the servient estate the burden of rebut-
ting the presumption b:,. showing that the
use w3-S permissi"e.
Ba beock,
Richard A.
oka, for app
John D. 1.
Byron \\'
Behrendt, e'
Heard b
McRAE, 1-
by the COUr1
3. oedlcatlon ~41
A dedica.tion of land to the public use,
such as for a public road, may be implied
from the circumsta.nces of the individual
case; however" intent to dedicate must be
shown.
SCOTT,
This acti
ukt Court
pla.int aileI'
contract f,
County de,
Lot 7, Aue
ina fter La
transferrcc'
Court, and
a prescript
atcd lot de
division :r-:
by the dei
finding thi
visible, aT:
"public 1'0
fore defer
propert)",
in favor 0
4. i-flghways ~18
It is the right of travel by all the
world, and not the e>:ercise of the right,
which constitutes ll. road a public highway.
5, I-Clgh....ays e=19(1)
A public toad may be abandoned by a
public authority,
6. Hlgh'Wa)'s ~6(1)
TaxatIon /S=>732
Where there was open, continuous,
visible and unmolested use of ponion of lot
a.S public road for more than 15 yeats the
public acquired an easement by the pre-
scriptiorl and its tight could not be divested
without public consent or operation of law;
tax title conveyance of burdened lot to
owner of adjacent lot did not terminate the
public rights in road. M.S..-\.. ~~ 160,05,
subd, 1. 541.01.
Entry 3
listed Alb
entire SOt
Quarter c
23, consi,
state acql
as High",
eastern 5'
on July:'
Torrey, I:
220 ,:
SyUabu.s by the Court.
',\\'here there is an open, continuous,
visible, and unmolested use of land a.s a
public road for more th2.n 15 years, the
...
Ql1IST v, r'ULLER
Cite as l!2O N.W,2d 29ll
public acquires an easement by prescription contract for deed. At approximateiy the
and the public's right may nOt be dive$ted !la.me time, Dawson $Old Lot 9 to Magner
without public consent, or operation . of Berthelsen, together with an easement for
law, and a tax title conveyance does not road purposes over the west 1 rod of Lots
terminate public rights therein- 6 and 7 and over the north 1 rod of the
south 41 rods of the entire 40 acres which
is now known as Lot S. The road whicl1 i$
the subject of this dispute is constructed
on Lot S.
JUN-15-1994 11:39 FROM
UJMMEN-NELSON.
,hich allegedly
Itive easement
ware of use of
jth egress and
d such lot sub-
prior to that
rOll public.
easement has
and unmoiest-
:m that the use
~ on the owner
Jrden of rebut-
l>wing that the
Babc.ock, Locher, Neilson & Ma.nnella,
Richard A. Beens and John M, Burke, An-
oh, for appellant,
John D. Flanery, Minneapolis, for Quist.
Byron W. McCullagh, Minneapolis, for
Behrendt, et a1.
Heard before KELLY, SCOTT, and
McRAE, JJ., and considered and decided
by the court.
the public use,
may be implied
the individual
~dicate must be
SCOTT, Justice.
This action was commenced in the Dis.
trict Court of Hennepin County, the com-
plaint alleging tortious interference with a
contract for the sale of land in Anoka
County described as the West one acre of
Lot 7, Auditor's Subdivision No. 84 (here-
inafter Lot 7). Venue was subsequently
transferred to the Anoka County District
Court, and the complaint amended to claim
a prescriptive easement over a closely situ-
ated lot described as Lot S, Auditor's Sub~
division No. 84 (hereinafter Lot 5), o......ned
by the defendant Fuller. The trial court,
finding that there .....as an open, continuous,
visible, and unmolested use of Lot 5 as a
"public road" for more than 15 years be-
fore defendant acquired any interest in the
property, ordered th:..t judgment be entered
in bvor of plaintiffs. Affirmed.
Entry 31 of the abstract of title to Lot 7
listed Albert Dawson as the owner of the
entire Southeast Quarter of the Northwest
Quartet of Section 2t1, Township 31, Range
23. consisting of 40 acres. In 1933, the
state acquired a highway easement, known
as Highway No. 65, from Dawson over the
eastern 50 feet of the etltire 40 acres, and
on July 3, 1940. Lot 7 was sold to Georg~
Torr~y. plaintiff's predecessor in title, on a
no H.W_Z_1"lIl.
~vel by all the
c of the right,
public highway.
abandoned by a
len, continuous,
of portion of lot
a.n 15 years the
:nt by the pre-
[ not be divested
peration of la......;
I>urdened lot to
lot tenninate the
,S.A, ~~ 160.05,
'; ov.rt.
pen, continuous,
Ie of land as a.
n 15 years, the
Minn.
297
On September 9, 1941, the plat of i\.udi-
tor's Subdivision No. 84 was filed with the
Anoka County Register of Deeds. It eon-
sistcd of 9 lots owned by several parties.
Lot 5, au '!'od u-id.e, commenced at High-
way No. 6S and ran westerly for a distance
of 1,320 feet. Lot 4, north of and parallel
to Lot 5, ......as owned by John A, Klugness.
Lot 6, lying parallel to and south of Lot 5,
was owned by Albert Dawson with the
contract for deed to Henry J. Berthelson.
No other lot in Auditor's Subdivision No.
84 abutted Lot S. Further-, the plat of Au-
ditor's Subdivision No. 84 conta.ined no
dedication of lots or property for public
roadways.
Fee title to Lot S remained 1n Albert
Dawson through 1960, although the county
real esta.te tax records disclO$e that as ear-
ly as 1942 Lot 5 was r>:moved from the tax
rolls until 1959. Albert Da.wson died Sep-
tember 17, 1944. Plaintiffs believe that it
is fair to assume that the "ill age obtained
an easement or some document prior to his
death to justify this remov3.1 from the tax
rolls, though none is available.
On October 27, 1948, George Torrey
contracted to sell the ea.:it 4 acres of Lot 7
without any reservation of an easement for
access to the west 1 acre. Plaintiffs ag-ain
assume that Torrey relied upon the crea.-
tion of a public road which provided access
to the west 1 acrc and which would ha...'e
removed the necessity of crea.ting an ease-
ment for his own use,
'I
Lot 5 was reinstated on the rax rolls in
1960, and property taxes have been levied
from that time until the present. Sewer
assessments have been levied in the amount
of $314.40 again<;t Lot 5 by the city of
MPLS,
TI]
94474245
p.08
298 MiM.
220 NORTH WI:STERN REPORTEB., 20. SERIES
'l'
Blaine_ Defendant paid the real estate
taxes le....ied in 1960 which were delinquent,
and received a. state assignment certificate
covering Lot 5 in 1963 and obtamed clear
title after the expiration of the redemption
period. It is contended by plaintiffs that
ddendant did not give proper notice of
this transaction to the adjoining landown-
ers,
~!
;, .!
Although defendant claims that no eVI-
dence relative to the use of Lot 5 from
1941 to 1949 was introduced, Mrs. Edna
Bremer, city assessor for Blainc since
1945. testified that she had tra....eled the
road as early as 1945. Mr. Jack Pauls,
chief deputy auditor for Anoka County,
testified that no real estate taxes were lev-
ied against Lot 5 between 1942 and 1959
because it was designated as a "road" dur-
ing those years and was considered exempt
from taxes.
I
,
1
i
There is SOme evidence that the road in
dispute was not loeated on Lot .5, but on
Lot 6. Defendant testified that he had had
his Lot 6 surveyed in 1957, and that, by us-
ing the surveyor's sta.kes for alig-nment, he
had constructed a fence along the north
line of Lot 6. Fuller then noticed that the
road lay at least partiall)' upon Lot 6. Al-
though ()ne witness for plaintiffs, E. L.
YOUl~g, claimed that the road always lay to
the north of the boundary to Lot 6, he was
not certain as to the precise location of the
boundary between Lots 5 and 6. After
Fuller constructed this fence in 1958,
Young was foreed to use a route outside
Auditor's Subdivsion No, 84 to reach the
west 1 acre of Lot 7. A careful review of
the various aerial photographs taken of
Auditor's Subdivision No. 84 indicates the
possible confusion over the location of the
road in relation to Lots 5 and 6.
!
.'i
Although there is evidence that hunters
and farmers used the road to travel 3.CI'OSS
Auditor's Subdivision No. 84, the evidence,
indicates that most users were either the
plaintiffs, businessmen, or friends of de-
fendant. Defendant contends that the use
was either permissive or in exchange for
the plaintiffs' agreement to aid in the
maintenance of Lot 5, Together, Quist
and Fuller graded and leveled the road on
Lot S in 1962 and in 1965, and witnesses
corroborated this, There is substantial tes~
timOD)" that the city of Blainc at least oc-
casionally plowed the road, while some wit-
nesses c:1aimed tha.t this was a regular pro.
cedure. The witnesses for defendant stat-
ed that the trail ......as rareiy plowed. In ad-
dition, James Nash, Blaine dty clerk, testi.
fied that after 3.. search of the records, he
was unable to find an authorization by the
dty for either maintenance or sDowplowing
of the road.
The fencing of Lot 6 in 1958 along lines
established by surveyors was claimed by
plaintiffs to be a.n unlawful interference
with their right to make use of the road-
way, However, it was not until 19iO,
when defendant again established a block-
ade over the road, that this present action
was commenced, The Behrendts, purchas-
ers under a contract for deed of a ponion
of Lot i from plaintiff Quist. intervened
as parties plaintiff.
Pursuant to the lower court's finding
that there ......as a sta.tutory user for the 15-
year period, the defendant was enjoined
from any interference with the existence
of Lot 5 as a "public road"
Minn.St. 160,05, subd. I, which deals
with the dedication of roads to the public
use provides in part:
"When any road or portion thereof
shall have been used and kept in repai.
and worked for at least six years con-
tinuously as a. public highway, the sa.me
shall be deemed dedicated to the public
to the width of two rods on each side
of the center line thereof and be and
rema.in, until lawfully vacated, a public
highwa)' whether the same has ever been
established as a public highway or not;
. . *h
Further, this court has set fonh the ele-
ments. necessary to establish. a prescriptive
easemen
174, 177,
" ..
scriptl
sesstOI
" ..
of ad"
and U!
contin
See, als..
168, 213
It is c
elusions
recognb:
Barn N.
N.W,2d
ble:
" ..
a bur,
sold, ;
are kr
and Vl
specti(
takes i
Taylol
Power
2d 81:
238 Ie
It has
that a
knowh
or imp
an eas
ordina
caSero'
273, 1
Ryan,
(1940)
(1] I
for a su,:
aequisiti,
mtnt ce
accordin,
aware 0,
both e~
Therefor
Lot 5 .....
prior to
~iscellaneous
L:\TEMPLA TE\FILEINFO,DOC
EXHIBIT "A"
SE COR. S1/2,NE1/4 S:JC. 26
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5
::'-::::.16.5'
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-<f..~O~
EAST LINE
OF KNOB HILL
EASEMENT IIAII
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ALTA COMMITMENT - 1982 REV.
SCHEDULE A
APPLICATION NO. S 670100 S (Supplemental No.2)
1. EFFECTIVE DATE: January 17, 1995 AT 7:00 A.M.
2. POLICY OR POLICIES TO BE ISSUED:
'ALTA' RESIDENTIAL OWNERS POLICY REV 1987
$
X 'ALTA' OWNER'S POLICY 10-17-92
$To Come
PROPOSED INSURED:
Gold Nugget Development, Inc. and the City of Prior Lake, as
its interest may appear
'ALTA' LOAN POLICY 10-17-92
PROPOSED INSURED:
$
OTHER POLICY ISSUED
PROPOSED INSURED:
$
OTHER POLICY ISSUED
PROPOSED INSURED:
$
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN
THIS COMMITMENT AND COVERED HEREIN IS A FEE SIMPLE AND TITLE
THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED IN:
Leonard Grassini,
Grothe, Trustee
October 9, 1992
an undivided 1/2
under that certain
interest and Fred I.
Trust Agreement dated
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS
FOLLOWS:
The South 1/2 of the Northeast 1/4, Section 26, Township 115,
Range 22, and ALSO
That part of Government Lot 3, Section 26, Township 115, Range
22, Scott County, Minnesota, described as follows: Beginning
at the Northwest corner of said Government Lot 3; thence on an
assumed bearing of North 88 degrees 53 minutes 29 seconds East,
along the North line of said Government Lot, 700.15 feet;
thence South 0 degrees 22 minutes 20 seconds East, 1054.20
II'. * *.
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Ii,,,,..... *
ORT Form 3120
"
S 670100 S (Supplemental No.2)
Page: 2
feet; thence South 88 degrees 53 minutes 29 seconds West,
parallel with said North line, 441.17 feet; thence South 1
degree 03 minutes 14 seconds East, 175.61 feet to the
Northwest corner of Lot 9, Block 2, Chatonka Beach; thence
South 51 degrees 52 minutes 35 seconds West, along the
Southwesterly extension of the Northerly line of said Lot 9, a
distance of 45.30 feet; thence South 1 degree 08 minutes 02
seconds East to the shoreline of Prior Lake; thence Westerly,
along said shoreline, to the West line of said Government Lot
3; thence Northerly, along said West line, to the point of
beginning, according to the United States Government Survey
thereof and situate in Scott County, Minnesota.
Abstract Property.
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
1. The Title of Gold Nugget Development, Inc is to be established
of record.
2. The historic legal description of the property embraced within
Government Lot 3 described as North Seventeen (17) acres of
the West Twenty-three and eighty hundredths (23.80) acres of
Government Lot Three (3), Section Twenty six (26), Township
One Hundred Fifteen (115), Range Twenty-two (22), Scott
County, Minnesota, excepting from above the right of others to
travel over and use as a road the East One (1) rod thereof.
The West one-half (1/2) of the South Six and Eighty hundredths
(6.80) acres of the West Twenty-three and eighty hundredths
(23.80) acres of Government Lot Three (3) of Section
Twenty-six (26), Township One Hundred Fifteen (115), Range
Twenty-two (22), Scott County, Minnesota, excepting therefrom
the following described parcel: Starting on the shore of Prior
Lake at the Southwest corner of Lot 9, of Block 2 of Chatonka
Beach, Scott County, Minnesota, plat of which is on file in
the office of the Register of Deeds of Scott County, Minnesota,
and running thence due North about 305 feet to the Northwest
corner of said Lot 9, thence South 53 degrees West, 45.3 feet,
thence due South about 320 feet to the shore of Prior Lake,
Wii**~
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11,*... *.
ORT Form 3120
'.
S 670100 S (Supplemental No.2)
Page: 3
thence Northeasterly along the shore of said Lake to the place
of beginning, is ambiguous. [Also the legal description for
the property located in Government Lot 3 described at No. 4
under Schedule A herein contains possible gaps or overlaps
with the properties to the East and the properties to the
South. ~lication to reqister the title to t~e ].and has been
filed January 6, :J..995 as DocumenL,.N,.., 1~"686S
SCHEDULE B - SECTION 2
STANDARD EXCEPTIONS
A. Facts which would be disclosed by a comprehensive survey of
the premises described herein.
B. Rights and claims of parties in possession.
C. Mechanics', Contractors', or Materialmens' liens and lien
claims, if any where no notice appears of record.
D. Any change in title occuring subsequent to the effective date
of this Commitment and prior to the date of issuance of the
Title Policy.
E. Easements, or claims of easements, not shown by the public
records.
IN ADDITION TO THE STANDARD EXCEPTIONS, CONDITIONS, STIPULATIONS
AND EXCLUSIONS FROM COVERAGE CONTAINED HEREIN AND IN THE COMPANY'S
USUAL FORM OF POLICY, THE LAND REFERRED TO IS, AS OF THE EFFECTIVE
DATE HEREOF, SUBJECT TO THE FOLLOWING:
1. Special assessments levied or pending and special taxes, if
any, not covered herein.
NOTE: Special assessment search was not requested by the
applicant.
2. Taxes for the year 1994 in the amount of $2,889.36 are paid.
Taxes for the year 1995 and any special assessments certified
thereto, are not yet available. (Tax No. 25 926007 0.)
NOTE: Scott County tax records indicate property is
non-homestead for taxes payable in the year 1994.
3. Ter.ms and conditions of that certain Contract for Deed by and
II w..* *~
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11,'1<... * *'
ORT Form 3120
S 670100 S (Supplemental No.2)
Page: 4
between Leonard E. Grassini and Reta L. Grassini and Fred I.
Grothe, Trustee under that certain Trust Agreement dated
October 9, 1992, as seller, and Gold Nugget Development, Inc. (a
Minnesota Corporation), as purchaser, dated April 15, 1993,
filed April 22, 1993, as Document No. 312436.
4. A temporary easement for public Utility and roadway purposes
over, under, and across the East 16.50 feet of the North 17
acres of the West 23.8 acres of Government Lot 3, Section 26,
Township 115, Range 22, Scott County, Minnesota.
This grant of easement shall run with the land and shall be
binding on and shall inure to the benefit of the parties
hereto, their heirs, successors, or assigns; and said
temporary easement is to remain in effect for the operation
and maintenance of a roadway (now known as as Velvet Road)
until such time as a per.manent access road is constructed to
serve the plats of Chatonka Beach and Replat of Block 1,
Chatonka Beach according to the plats on file in the office of
the County Recorder, Scott County, Minnesota, in favor of the
City of the Prior Lake as evidenced by Document No. 219682 and
Document No. 238700.
5. Utility easement(s) over a strip of land 30 feet in width
lying 15.00 feet on each side of the following described
centerline:
Commencing at the Northwest corner of said Government Lot 3;
thence South 0 degrees 12 minutes 26 seconds West, assumed
bearing, along the West line of said Government Lot 3 a
distance of 1362.55 feet to the point of beginning of the
centerline to be described, hereinafter referred to as Point
A; thence South 87 degrees 17 minutes 53 seconds East a
distance of 18.13 feet to a point hereinafter referred to as
Point B; thence North 67 degrees 02 minutes 10 seconds East a
distance of 72.59 feet; thence North 52 degrees 25 minutes 58
seconds East a distance of 181.16 feet to a point on the
Northerly extension of the West line of that part of
Government Lot 3 described in Torrens Certificate No. 15017 on
file in the office of the Registrar of Titles, Scott County,
Minnesota distant 31.29 feet North of the Northwesterly corner
thereof and said centerline there terminating.
The sidelines of the above described permanent easement shall
be lengthened or shortened to ter.minate on said Northerly
extension of the West line of said Torrens parcel.
And a 20.00 foot per.manent easement for public utility
purposes over, under, and across that part of said Government
II'. * * i<
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11,* i< .. ·
OAT Form 3120
"
.
S 670100 S (Supplemental No.2)
Page: 5
Lot 3 lying 10.00 feet on each side of the following described
centerline:
Beginning at said Point C; thence South 46 degrees 24 minutes
06 seconds East a distance of 202.01 feet to a point on the
West line of that part of Government Lot 3 as described in
said Torrens Certificate No. 15017 distant 218.49 feet South
of the Northwesterly corner thereof and said centerline there
terminating.
The side lines of the last above described per.manent easement
shall be lengthened or shortened to terminate on the Westerly
line of said Torrens parcel. And a 50.00 foot per.manent
easement for public utility and roadway purposes over, under,
and across that part of the North 17 acres of the West 23.8
acres and the West one-half of the South 6.8 acres of the West
23.8 acres of said Government Lot 3 lying 25.00 feet on each
side of the following described centerline: Commencing at the
Northeast corner of Lot 1, Block 2, Chatonka Beach according
to the record plat on file in the office of the County
Recorder, Scott County, Minnesota; thence North 0 degrees 01
minutes 52 seconds East, assumed bearing, along the East line
of the West one rod of the East 609 feet of said Government
Lot 3 (said West one rod is shown on said plat of Chatonka
Beach as "Road 1 Rod Wide), a distance of 91.78 feet; thence
South 76 degrees 57 minutes 54 seconds West a distance of
16.94 feet to a point on the West line of said West one rod
and the point of beginning of the centerline to be described;
thence continuing South 76 degrees 57 minutes 54 seconds West a
distance of 292.98 feet and said centerline there terminating.
And a per.manent easement for public utility and roadway
purposes over, under, and across that part of said Government
Lot 3 described as follows: Beginning at the Northwesterly
corner of Lot 9, Block 2, said plat of Chatonka Beach; thence
South 52 degrees 25 minutes 58 seconds West, assumed bearing,
along the Northerly line of that part of Government Lot 3
described in said Torrens Certificate No. 15017 a distance of
45.30 feet to the Northwesterly corner of said Torrens parcel;
thence North 0 degrees 37 minutes 10 seconds West along the
Northerly extension of the Westerly line of said Torrens
parcel, a distance of 104.18 feet; thence 65.75 feet along a
tangential curve, concave to the East having a radius of 52.00
feet and a central angle of 72 degrees 26 minutes 51 seconds;
thence South 0 degrees 34 minutes 02 seconds East a distance
of 126.53 feet to the point of beginning in favor of the City
of Prior Lake as created in Document No. 219681 and Document
No. 238700.
6. Private road easements over the West 1 rod of the said South
w..* *...
~ ~ : 2~ET~~~'~O~~~
11,1<...,. 1<
ORT Form 3120
.
S 670100 S (Supplemental No.2)
Page: 6
1/2 of Northeast 1/4 and also the South 1 rod of so much of
said South 1/2 of Northeast 1/4 as lies West of a point one
rod East of the Northeast corner of the North 17 acres of the
West 23.80 acres of Lot 3, the East 1 rod of the North 17
acres of the West 23.80 acres of Lot 3, and the North 1 rod of
the East 1/2 of the South 6.80 acres of the West 23.80 acres
of Lot 3 as evidenced by instruments in Book 66 of Deeds, page
334; Book 78 of Deeds, page 23 and Book 68 of Deeds, page 392.
These easements mayor may not be the same easements described
in the Decrees of Registration filed as Document No. 216759
and 217613 and described in an Application to Register filed
as Document No. 207261.
7. Rights of the public and of the state in and to that part of
the premises lying below the natural high water mark of Prior
Lake.
8. The application discloses the premises to be vacant land.
NOTE: If there are any questions concerning the exceptions
shown on this commitment, please call Mary A. Edgeton at
371-1111, Ext. 384.
II W.. **-l<
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1I,'It... ..
ORT Form 3120
''''''\ .f"'''''" ' ,.~, .(.....\. j""'.'
AGREEMENT TO ISSUE POLICY
We agree to issue a policy to you according to the terms of this Commitment. When we
show the policy amount and your name as the proposed insured in Schedule A. this
Commitment becomes effective as of the Commitment Date shown in Schedule A,
If the Requirements shown in this Commitment have not been met within six 16) months after
the Commitment Date. our obligation under this Commitment will end, Also. our obligation
under this Commitment will end when the Policy is issued and then our obligation to you will
be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A,
The Requirements in Schedule B-1.
The Exceptions in Schedule B-II.
The Conditions below.
This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B,
CONDITIONS
1, Definitions. (a) "Mortgage" means mortgage. deed of trust or other security instrument,
(b) "Public Records" means title records that give constructive notice of matters affecting your
title - according to the state statutes where your land is located,
2, Later Defects, The Exceptions in Schedule B . Section II may be amended to show any defects.
liens or encumbrances that appear for the first time in the public records or are created or attach between the Commitment Date and the
date of which all of the Requirements lal and (cl of Schedule B - Section I are met. We shall have no liability to you because of this
amendment.
.**
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3. Existing Defects. If any defects. liens or encumbrances existing at Commitment Date are not
shown in Schedule B. we may amend Schedule B to show them. If we do amend Schedule B to show these defects. liens or
encumbrances. we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it
. in writing,
4, Limitation Of Our Liability, Our only obligation is to issue to you the Policy referred to in this
Commitment. when you have met its Requirements, If we have any liability to you for any loss you incur because of an error in this
Commitment. our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to:
Comply with the Requirements in Schedule B - Section I
or
Eliminate with our written consent any Exceptions shown in Schedule B - Section II.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and
our liability is subject to the terms of the Policy form to be issued to you,
5. Claims Must Be Based On This Commitment, Any claim. whether or not based on negligence.
which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms,
IN WITNESS WHEREOF. Old Republic National Title Insurance Company has caused its corporate
name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. to be valid when countersigned by
a validating officer or other authorized signatory,
Issued through the Office of: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minnea~q(I{.,M("'nesota 55401
(612) 371-1111
~ :5Iry
Authoriled Signatory c./
By
.-....
President
Auest
p,6lL ~
/. . .,., '/ Secretary
-
".
,~LTA COMMITMENT - 1982
SCHEDULE A
APPLICATION NO. S 670100 S
1. EFFECTIVE DATE: February 11, 1993 AT 7:00 A.M.
2. POLICY TO BE ISSUED:'
ALTA' OWNERS POLICY 10-17-92
PROPOSED INSURED:
$ 1,300,000.00
Gold Nugget Development, Inc.
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED
TO IN THIS COMMITMENT AND COVERED HEREIN IS A FEE SIMPLE AND
TITLE THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED IN:
Leonard Grassini, an undivided 1/2 interest and Fred I.
Grothe, Trustee under that certain Trust Agreement dated
October 9, 1992
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS
FOLLOWS:
The South 1/2 of Northeast 1/4, Section 26, Township 115,
Range 22, AND ALSO North Seventeen (17) acres of the West
Twenty-three and eighty hundredths (23.80) acres of Government
Lot Three (3), Section Twenty six (26), Township One Hundred
Fi ft een (115), Range Twent y-two (22), Scott Count y, Mi nnesota,
excepting from above the right of others to travel over and
use as a road the East One (1) rod thereof. The West one-half
(1/2) of the South Six and Eighty hundredths (6.80) acres of
the West Twenty-three and eighty hundredths (23.80) acres of
Government Lot Three (3) of Section Twenty-six (26), Township
One Hundred Fifteen (115), Range Twenty-two (22), Scott
County, Minnesota, excepting therefrom the following described
parcel: Starting on the shore of Prior Lake at the Southwest
corner of Lot 9, of Block 2 of Chatonka Beach, Scott County,
Minnesota, plat of which is on file in the office of the
Register of Deeds of Scott County, Minnesota, and running
thence due North about 305 feet to the Northwest corner of
said Lot 9, thence South 53 degrees West, 45.3 feet, thence
due South about 320 feet to the shore of Prior Lake, thence
Northeasterly along the shore of said Lake to the place of
beginning, according to the United States Government Survey
thereof and situate in Scott County, Minnesota.
Abstract Property.
III'. * ..
1*: CR .: 9.tE?TI~~~~~O~!~
11,*. .. *
ORT Form 3131
S 670100 S
Page: 2
SCHEDULE B
SECTION I AND II
STANDARD EXCEPTIONS:
A. Facts which would be disclosed by a comprehensive survey
of the premises herein described.
B. Rights and claims of parties in possession.
C. Mechanics', Contractors', or Materialmen's liens and lien
claims, if any where no notice appears of record.
D. Any change in title occurring subsequent to the effective
date of this Commitment and prior to the date of issuance
of the Title Policy.
IN ADDITION TO THE STANDARD EXCEPTIONS, CONDITIONS, STIPULATIONS
AND EXCLUSIONS FROM COVERAGE CONTAINED HEREIN AND IN THE COMPANY'S
USUAL FORM OF POLICY, THE LAND REFERRED TO IS, AS OF THE EFFECTIVE
DATE HEREOF, SUBJECT TO THE FOLLOWING:
1. Special assessments ordered from Prior Lake.
follow by endorsement.
Informat i on wi 11
2. Taxes for 1993 in the amount of $2,371.00 are not paid.
tax amount $2,371.00.) (Tax No. 25-926007-0.)
(Base
Premises have been assessed under the Green Acres Law. Upon a
sale, the premises are subject to reassessment for the last 3
years according to Minnesota Statute 273.111, as amended.
NOTE: Scott County tax records indicate property is
non-homestead for taxes payable in the year 1993.
3. Utility easement(s) over a strip of land 30 feet in width
lying 15.00 feet on each side of the following described
centerline:
Commencing at the Northwest corner of said Government Lot 3;
thence South 0 degrees 12 minutes 26 seconds West, assumed
bearing, along the West line of said Government Lot 3 a
distance of 1362.55 feet to the point of beginning of the
centerline to be described, hereinafter referred to as Point
A; thence South 87 degrees 17 minutes 53 seconds East a
distance of 18.13 feet to a point hereinafter referred to as
Point B; thence North 67 degrees 02 minutes 10 seconds East a
distance of 72.59 feet; thence North 52 degrees 25 minutes 58
seconds East a distance of 181.16 feet to a point on the
Northerly extension of the West line of that part of
III'. * ...
.* ~ \ OLD REPUBLIC
I.. ':f{, .. Nallonal Title Insurance Company
11,*. ... *
onT Form 3131
S 670100 S
Page: 3
Government Lot 3 described in Torrens Certificate No. 15017 on
file in the office of the Registrar of Titles, Scott County,
Minnesota distant 31.29 feet North of the Northwesterly corner
thereof and said centerline there terminating.
The sidelines of the above described permanent easement shall
be lengthened or shortened to terminate on said Northerly
extension of the West line of said Torrens parcel.
And a 20.00 foot permanent easement for public utility
purposes over, under, and across that part of said Government
Lot 3 lying 10.00 feet on each side of the following described
centerline:
Beginning at said Point C; thence South 46 degrees 24 minutes
06 seconds East a distance of 202.01 feet to a point on the
West line of that part of Government Lot 3 as described in
said Torrens Certificate No. 15017 distant 218.49 feet South
of the Northwesterly corner thereof and said centerline there
terminating.
The side lines of the last above described permanent easement
shall be lengthened or shortened to terminate on the Westerly
line of said Torrens parcel. And a 50.00 foot permanent
easement for public utility and roadway purposes over, under,
and across that part of the North 17 acres of the West 23.8
acres and the West one-half of the South 6.8 acres of the West
23.8 acres of said Government Lot 3 lying 25.00 feet on each
side of the following described centerline: Commencing at the
Northeast corner of Lot 1, Block 2, Chatonka Beach according
to the record plat on file in the office of the County
Recorder, Scott County, Minnesota; thence North 0 degrees 01
minutes 52 seconds East, assumed bearing, along the East line
of the West one rod of the East 609 feet of said Government
Lot 3 (said West one rod is shown on said plat of Chatonka
Beach as RRoad 1 Rod Wide), a distance of 91.78 feet; thence
South 76 degrees 57 minutes 54 seconds West a distance of
16.94 feet to a point on the West line of said West one rod
and the point of beginning of the centerline to be described;
thence continuing South 76 degrees 57 minutes 54 seconds West a
distance of 292.98 feet and said centerline there terminating.
And a permanent easement for public utility and roadway
purposes over, underi and across that part of said Government
Lot 3 described as follows: Beginning at the Northwesterly
corner of Lot 9, Block 2, said plat of Chatonka Beach; thence
South 52 degrees 25 minutes 58 seconds West, assumed bearing,
along the Northerly line of that part of Government Lot 3
described in said Torrens Certificate No. 15017 a distance of
111111" * ,.
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111* * ,.
ORT Fnrm 3D!
S 670100 S
Page: 4
45.30 feet to the Northwesterly corner of said Torrens parcel;
thence North 0 degrees 37 minutes 10 seconds West along the
Northerly extension of the Westerly line of said Torrens
parcel, a distance of 104.18 feet; thence 65.75 feet along a
tangential curve, concave to the East having a radius of 52.00
feet and a central angle of 72 degrees 26 minutes 51 seconds;
thence South 0 degrees 34 minutes 02 seconds East a distance
of 126.53 feet to the point of beginning in favor of the City
of Prior Lake as created in Document No. 219681 and Document
No. 238700.
4. A temporary easement for public Utility and roadway purposes
over, under, and across the East 16.50 feet of the North 17
acres of the West 23.8 acres of Government Lot 3, Section 26,
Township 115, Range 22, Scott County, Minnesota.
This grant of easement shall run with the land and shall be
binding on and shall inure to the benefit of the parties
hereto, their heirs, successors, or assigns; and said
temporary easement is to remain in effect for the operation
and maintenance of a roadway (now known as as Velvet Road)
until such time as a permanent access road is constructed to
serve the plats of Chatonka Beach and Replat of Block 1,
Chatonka Beach according to the plats on file in the office of
the County Recorder, Scott County, Minnesota, in favor of the
City of the Prior Lake as evidenced by Document No. 219682 and
Document No. 238700.
5. Private road easements over the West 1 rod of the said South
1/2 of Northeast 1/4 and also the South 1 rod of so much of
said South 1/2 of Northeast 1/4 as lies West of a point one
rod East of the Northeast corner of the North 17 acres of the
West 23.80 acres of Lot 3, the East 1 rod of the North 17
acres of the West 23.80 acres of Lot 3, and the North 1 rod of
the East 1/2 of the South 6.80 acres of the West 23.80 acres
of Lot 3 as evidenced by instruments in Book 66 of Deeds, page
334; Book 78 of Deeds, page 23 and Book 68 of Deeds, page 392.
These easements mayor may not be the same easements described
in the Decrees of Registration filed as Document No. 216759
and 217613 and described in an Application to Register filed
as Document No. 207261.
6. Rights of the public and of the state in and to that part of
the premises lying below the natural high water mark of Prior
Lake.
7. The leijal description for the property located in Gove~
Cot 3 is ambTIfij()us. We are unable to determrne -n:-the two
!egals -ar.!~~iguous to ea~h othe.r. We reauire that the
1111'''' * *..
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11,*.. * *
ORT Form 3131
S 670100 S
Page: 5
~roperty be registered~_
8. Conveyance is to be made by Fred I. Grothe, of an undivided 1/2
interest, as trustee. Obtain and record the following
instruments:
1. Trust instrument containing power of sale or certificate
of trust executed by the grantor or trustee of the trust
in conformance with Minn. Stat. 5018.56, subd. 1.
2. Trustee's Deed.
3. Affidavit of Trustee in conformance with Minn. Stat.
5018.57, subd. 1.
9. The contract vendee's interest of Gold Nugget Development,
Inc. is to be establ i shed of record.
Judgment, bankruptcy, state tax lien, and federal lien
searches have been made and show as follows: NONE
NOTE: If there are any questions concerning the exceptions
under Schedule 8 of this commitment, please call Marge Kotzer,
at 371-1111.
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INFORMATION SHEET
The Title Insurance Commitment is a legal contract between you and the Company. It is issued to
show the basis on which we will issue a Title Insurance Policy to you, The Policy will insure you
against certain risks to the land title. subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form. if you ask.
The Commitment is based on the land title as of the Commitment Date, Any changes in the land title
or the transaction may affect the Commitment and the Policy,
The Commitment is subject to its Requirements. Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT, YOU SHOULD READ
THE COMMITMENT VERY CAREFUllY,
If you have any questions about the Commitment. contact
TABLE OF CONTENTS
Page
AGREEMENT TO ISSUE POLICY
Back Cover
SCHEDULE A
Insert
1. Commitment Date
2. Policies to be Issued. Amounts and Proposed Insureds
3. Interest in the land and Owner
4. Description of the land
SCHEDULE B-1 - REOUIREMENTS
Insert
SCHEDULE B-II - EXCEPTIONS
Insert
CONDITIONS
Back Cover
aRT Form 3538
ALl A Commitment form. 1982
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