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CAS-12_PLANNING CASE NO. 2020-12Roger N. Knutson Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick David S. Kendall Henry A. Schaeffer, Ill Alina Schwartz Shana N. Conklin James J. Monge, III Jerome M. Porter Leah C.M. Koch Meagan K. Kelley Thomas J. Campbell* *Reared • r� CAMPBELL KNUTSON December 14, 2020 Bob Generous City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: 901 Carver Beach Road / Loel and Mary Jane Brown / Beach Road, LLC Lot Line Re -Adjustment Dear Mr. Generous: I am returning to you for the City's files the original recorded documents regarding the above -referenced matter. The Receipt showing recorded documents numbers assigned to the documents and the date of recording was emailed to you on November 12, 2020. Thank you. Very truly yours, CAMPBELL KNUTSON /jmo Enclosures SCANNER 213155vl • Documibumber: T2163O6 Torrens Certificate: 40257.0 Fled and/or Recorded on Nov 3, 2020 1:56 PM office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, Registrar of Titles Deputy CS Pkg ID: 7228075 Document Recording Fees $ 46.00 Document Total $ 46.00 Requesting Party: CAMPBELL KNUTSON PA Pages: 5 This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document i STATE OF MINNESOTA ss COUNTY OF CARVER CERTIFICATION I, Kim Meuwissen, Deputy Clerk of the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No. 202048 "Approving a Metes and Bounds Subdivision Mary Jane Brown, 901 Carver Beach Road." adopted by the Chanhassen City Council on July 27, 2020 with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 30th day of July, 2020. I i �Meuwissen, D ut Clerk CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: Julv 27, 2020 RESOLUTION NO: 2020-48 MOTION BY: McDonald SECONDED BY: Tiornhom A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION MARY JANE BROWN, 901 CARVER BEACH ROAD WHEREAS, Mary Jane Brown of Beach Road, LLC, has requested approval of a metes and bounds subdivision creating two single-family lots on property in Chanhassen described as: Lot 1, Block 1, Chaparral, Carver County, Minnesota and Lot 1303, Carver Beach, Carver County, Minnesota; and WHEREAS, the property is guided for Residential Low Density use; and WHEREAS, the property is zoned Planned Unit Development — Residential district, PUD-R; and WHEREAS, the proposed metes and bounds subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS, the proposed metes and bounds subdivision adequately provides for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the city; and WHEREAS, the proposed metes and bounds subdivision is consistent with the Chanhassen Comprehensive Plan and Zoning ordinance. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves a metes and bounds subdivision consisting of two tracts: Parcels A and B, subject to the following conditions: Engineering: 1. The applicant shall update the parcels description to adhere to six (6) foot side and rear yard drainage and utility easements (as applicable) and ten (10) foot front yard drainage and utility easements on both Parcel A and Parcel B prior to recording of the subdivision. 2. The property owner of Parcel B shall enter into an encroachment agreement for the existing fence within the newly created drainage and utility easement prior to recording of the subdivision. 3. The applicant shall enter into a right-of-way easement agreement with the city to obtain a consistent 50-foot right-of-way corridor along Carver Beach Road prior to recording of the subdivision. 4. Retaining walls shall not be constructed within drainage and utility easements. 0 5. The development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation; for 2020 they total $15,600.86, and are enumerated as such: a. Surface Water Development Fee: $9,800.86 b. Park Dedication Fee: $5,800.00 Environmental Resources: 1. Tree preservation fencing must be installed at the edge of grading limits prior to any construction activities. 2. The applicant shall submit a corrected inventory and survey that also shows tree protection fencing to be installed around the entire site at the edge of the grading limits. Parks & Recreation: 1. Park dedication fees in the amount of $5,800 shall be paid prior to recording the subdivision. Water Resources: 1. Retaining walls and fences must be located outside of the wetland buffer. 2. The applicant shall adjust the drainage and utility easements to fully encompass the delineated wetland on the property. 3. A surface water management fee in the amount of $9,800.86 shall be paid prior to recording the subdivision. 4. The proposed development will trigger Rule C-EPSC, Rule D-Wetland and Creek Buffers, and Rule J-Stormwater Management, for the Riley, Purgatory, Bluff Creek Watershed District and must receive a permit from them. Passed and adopted by the Chanhassen City Council this 2r day July of 2020. ATTEST: eather Johnston, Into im City Manager YES NO Ryan Campion Coleman McDonald Tjomhom frti— Elise Ry , Mayor ABSENT Minor Subdivision - for - Loot Brown 8 Jane Brown 901 Carver Beach Road Chanhassen, MN 55317 FLSi�G PROYEP]YOESCpVTpX.- p«me,aosi owwu. mi...m �� w R,OV MSF AMSDPoPn O a.cmee..'mm.a ^�'*'�n.n.-...ew Ms,.f..v C>+W vowaa ezt®frM \ ly ^`•^.M wei.e wse w ast J �� a.. e..asro Y. ,,,.,....n..... e..m..b..nmm. a..".. •syaw6.V rcn..wm z. uverynn d.rw vm+gw.nn �aw/waveammri. r OVDY£D FAFGEL B DEYLMT1pI: wt� ssm'rre�ev++euw°�• mw ^av �a�Mimu�m ee ram....°se�"c, PR�Sm STFEE(. VILn)' i DR.VNPfiE £ISEYEN]' pmn�,omrtndlv,M.f1/nEPBFo4 .mdvme.�tlme�r/�Cm^,/. PflOPoYED dtlT'A�Ef UIRIIY EASFYENTYAfJ1pN' Y.r]Y... DJiI[3 E...!•..., mGrw ..ra..d m..e,ra.r.o..,. DAL 2R+IveAsarur t .ter------`-'�,' �— ,tf\I' —f`— _ � `I I k _^�• `� �---� � FA Y� ♦ if �I`\ Y w a �m � i� wC3 I I lr\a,``� •d. i � �(:. I`b' -�-- `y— PROPOSED HOUSE " i S y ELSTpG xousE i! 'a IY H� :gw I I )--� Ewsnrc ' 'T,'"+�`. Y NDt/ y��• .g6' _ HWSE L� O "`a\• 11e Y DELINEATED WETLAND BY JACOBSON ENVIRONMENT. um20 PARCEL B IMPERVIOUS COVERAGE: REVISED: idrYN-DEGCN✓i1pNs EGSTNG HOUSE: 1,532SF. REv,S£D wrzaxDRvnaGEf eifmFA$ErE+vis ORIVE AY. WeS.F. REv,SED: ovta2o-DRawADEf IRL]YFASENENi$ SfO GESHE N&F. REmsED OSgtrzo-rfacm REvawrowERrs OECK 354 S.F. (EV15ED:O)A310 HgVp$ED GRa0E5. REi watts TOTAL IMPERVIOUS: 2.590 S F Imw]'nm uu.,...r.m.wwmn"m rme•.,roenc ma..rsmab rm: «r e M LOTA.REA' 15,069S.F. 4nm0 Prt6¢vm,a' la4 SreA" rmOv M lamv °I'^•�°°1M'•'1a° WPE .NIWSCOVERYGE: 77.2M 4�V ._ St103 W.91/A Slewn vlvlro l.anx xo. OK� iROJ YI]Ri0 AREAS EYISTMGtM/: 1p.2p5G GFCVOSEDNWCELA p.ZIOSF. PROPOSED YMACP.S iS.OSSF. wFitAf0Pof0AREA N,W]SF IDILDYEASWM T POND ELEVATION ON 03131120 = 997.4 (NAVD88) -- -- ;- - -- ;----:� ---- A ------__ PROPOSED HOUSE EIEVATA)N5: . ]D^CG Fq/Im.YiNYI tP11W fWGGE 9A6 t@AY BAD f/WN/[p!! tOtJ S1 PREMIER LAND Sma mNc. LLC 1lOMSO. Mnt. doA.3W St<MLMMIYY YiMiM1Y • Documbumber: T2163O7 Torrens Certificate: 40257.0 Filed and/or Recorded on Nov 3, 2020 1:56 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, Registrar of Titles Deputy CS Pkg ID: 7228075 Document Recording Fees $ 46.00 Document Total $ 46.00 Requesting Party: CAMPBELL KNUTSON PA Pages: 4 This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document 0 (Reserved for Recording Data) MORTGAGE HOLDER CONSENT TO LOT COMBINATION/SUBDIVISION THIS CONSENT TO LOT COMBINATION/SUBDIVISION, made this 3 day of 2020, is granted by MERCHANTS BANK, NATIONAL ASSOCIATION. For One Dollar and other good and sufficient consideration, in hand received, Merchants Bank which holds a mortgage dated March 1, 2019 and recorded March 15, 2019 with the offices of the Carver County Registrar, Minnesota, as Document No. 7209196, and also holds an Assignment of Leases dated March 1, 2019 and recorded March 15, 2019 with the offices of the Carver County Registrar, Minnesota, as Document No. T209197, executed by Beach Rd, LLC, a Minnesota Limited Liability Company, on land legally described as follows: Lot 1303, kv@43, CARVER -BEACH, according to the recorded plat thererof and Lot 1, Block 1, CHAPARRAL, according to the recorded plat thereof hereby consents to the lot combination/subdivision of land in Carver County, Minnesota as shown on the attached certificate of survey for 901 Carver Beach Road, prepared by Premier Land Surveying, LLC dated July 1, 2020. This consent is irrevocable and Merchants Bank agrees to cooperate in the signing and filing of any and all documents which may be necessary for the filing of the deeds with respect to this property. MERCHANTS BANK, National Association By _,6u JT k (2i-erreG- [print name] Its V -I a PGPaiclenA [title] 211567vl E STATE OF M' 00e50 k ) ss. COUNTY OF � i nanC ) The foregoing instrument 'r- p)cms&— , 2020, by Merchants Bank, National Associa MOLLI J. VODAK E TARY PU pugsjjC JarN31, 2024TA Comm. Exp' DRAFTED BY: Campbell Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 612.452.5000 was acknowledged before me this 3`f day of ,lid rrreV the Ul1t-P6e91tdCnl, of m, on behalf pf w eraity. /1 m 211567v1 Attadimcn*onsent by Merchants Bank LL4 b it pi Ir .mrernxr �' �•w s Hsi $ i • R Ij ji •CiR d 1 i E. � 1+ + �� `° ; �kk �ii E �� !rr ,Y'i�f] � � 1 �ttjj t, �:�� i I�; � w!i• ��} �it� ii e � � � �ti � ER t 11 1��'i (l�rt11}(Ei f1}I�}}Yif]11lIlli ltf�f! � it a WHO. }ii]t:+f]'} y h111,' }jii`}�1�`•lii{i .....�_ i{�tli -� +. � t� lI i . i +. n +u + i1�: �E. ItR}!at + a � !}� HIM 1 _.1; 1� ; 21 U67v1 Docu Number: T216308 • To rrrtificate: 41475.0 Cancel Certificate:40257.0 Filed and/or Recorded on Nov 3, 2020 1:56 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, Registrar of Titles Crystal Campos, Auditor Mary Kaye Wahl, Treasurer Deputy CS Pkg ID: 7228075 Certificate of Real Estate Value Not Required PID: Split from 25.2000010 No delinquent taxes Transfer entered Document Recording Fees $ 46.00 Residue Torrens Cert $ 40.00 Conservation Fee $ 5.00 Deed Tax $ 1.65 Document Total $ 92.65 Requesting Party: CAMPBELL KNUTSON PA Pages: 6 This cover page has been added to this document by Carver County land Records and is now an official part of this recorded document • (Top 3 inches reserved for recording data) WARRANTY DEED Business Entity to Individuals) eCRV number: n/a DEED TAX DUE: $1.65 DATE: September 1, 2020 FOR VALUABLE CONSIDERATION, Beach Rd, LLC, a limited liability company under the laws of Minnesota ("Grantor), hereby conveys and warrants to Lost B. Brown and Mary Jane Brown ("Grantee"), as joint tenants, real property in Carver County, Minnesota, legally described as follows: See Exhibit "A" attached hereto The consideration for this deed is less than $3,000.00. Check here if all or part of the described real property is Registered (Torrens) EX together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: None Check applicable box: X The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number. [... ].) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Current taxes on parcel split described within pai sef-P4ov� Date) Kaar is CarvenCounty Recorder _ Deputy ECa-1019 Grantor Beards Rd, LLC, a Minnesota limited liability company By: / Loel B. Brown, manager • State of Minnesota, County of Ccx v'V e r WARRANTY DEED This instrument was acknowledged before me on September -L-, 2020, by Loel B. Brown and Mary Jane Brown, as Managers of Beach Rd, LLC, a Minnesota limited liability company. JEAN M STECKLING No4ary PUN O m trteeota C rye a ar w w.ruw, ea» Jri a+. e Mq ion e><pires: JT�a`i i�waarhee�i THIS INSTRUMENT WAS DRAFTED BY. Angela V. Lallemont Lallemont Law, LLC 174 Main Street Winona, MN 5598 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Loel & Mary Jane Brown 790 Santa Vera Drive Chanhassen, MN 55317 City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument has been approved by the goverpind�ofthe of Chanhassen. ThatJJmunZAVZV ici al rLLes77trictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor G Dated: I �r ZOU Deputy Chanhassen City Clerk Printed Name:-��e,� Ge t4-"AC Page 3 of 3 Exhibit "A" WARRANTY DEED Lot 1, Block 1, CHAPARRAL, according to the recorded plat thereof, Carver County, Minnesota, EXCEPT that part described as follows: Commencing at the Northwest comer of said Lot 1; thence South 88 degrees 31 minutes 20 seconds East, assumed bearing along the North line of said Lot 1,153.00 feet to the point of beginning; thence continuing South 88 degrees 31 minutes 20 seconds East, along said North line 87.00 feet to the Northeast comer of said Lot 1; thence South 01 degree 19 minutes 45 seconds East, 89.37 feet, along the easterly line of said Lot 1, to an easterly comer of said Lot 1; thence South 20 degrees 54 minutes 07 seconds West 78.98 feet; thence North 72 degrees 00 minutes 00 seconds West 41.00 feet; thence North 54 degrees 45 minutes 00 seconds West 40.00 feet; thence North 11 degrees 45 minutes 00 seconds East 65.00 feet; thence North 01 degree 28 minutes 40 seconds East 66.00 feet to the point of beginning. Minor Subdivision for- Loel Brown & Jane Brown 901 Carver Beach Road Chanhassen, MN 55317 PROPDSED vzxEL A ascwvrnN: w,�.. Aw., �W.,mw:we.•�ee......w. c... os.*, ....,v,.msre,.m u-n,.ewnw vroreunru,<.x.a..,. d,.e,a� s. DUOS. vRCELacescalvnoxx ..d ME VRO 1 S1REE�, UItl/IY6ORYNA6E FASENEM: . o....•r...>e..�� ..s•+es•..^.... w.....o.,+. �000rsu,m.raww rAw. PROPoSEOORPWFGE [ VM/IY Er15EYENIYAUrpN: ��st �•nahnv M�bes^ ws�v.wwrw Ys.NWaw1w✓a.0 LEGEND ^ w o .R a..,aw. max Y+.va..r. maxr ^va..w. Ire. ! �' '�:: � _ __ �—_ r�<___-? } '�! J' [ 13' a �- T--_.-__• j I` u e A `I b,`• i3T 1 I Eik SSG -- '-__ PROP f(k a OSED HOUSE ,.M`. - \i x HOUSE F., R---------- r .= Tc% \ ill`.. --- _ J. ' -- - s E>{ T'L, S�. ♦ sx� r . e-ram` �1'` s g(.' '9' , I ��.�_�_ laa� ---- . g six s�vrE ------------- UP ------------------ ----- ..,----------- DELINEATEDWETLANDBY \\ _ - �� -'�_-, -- ---`, JACOBSON ENVIRONMENTAL `` •�"'�•�•..�' `_- - 4117120 \� -_.- IX�STMG DRAINAGE ANO UTILITY EASEMENT - �� ` � POND \ "� ELEVATION ON 03131120: 997.4 (NAVD89) \p PARCEL B IMPERVIOUS COVERAGE: REVISED: I.,. ac..Po.S EXISTING MUSE 1.532S.F. REns[oovtrio.pavxacESUl6nreA5EYERR DRIVEWAY: SOS S.F. aEvisED-OsrprzOMuwaceYGrtIn FAEEMEMS STORAGESHED: 95 S.F. aensEo: oerolrzaxRCIn REVIEwcawExrs DECK 3"S.F. REVISED O)NerzO-MOPOSEO GIUCES. PEr. wets TOTAL IMPERVIOUS: 2.59E SF ^ Y e^ nn,e/ eaz aaYw+N we w��aNN awmy ereo m,Pm+eo�amf ^err.e.eeYr LOT AREA' 15,069 S.F. aY PMesxnN LriJ Surveil w.W IM /,.e 'Ru�+slreax�....wu IMPERVIOUS COVERAGE: 17.2% �._r. is-. mos nmrzo Srerenv �>ae LVF FDOI n)nfA AREAS: PROPOSED HOUSE ELEVADONS EXIS ,OTI' 1W.3A SE TOPOFFWX nO I.. PROPO.MacELA 9B.ZMSF GMAGE SVB: IOIJ S] PflCPOSEDHW('IL B: ISOHSF gpSEYEn'i/W.W[WT 1 wen.YowxDArEa MnrsE I� i o a o SO RLy4MEOEL // • N OTF/E W PREMIER LAND 5UXWYIHc, LLC IEa40^B�aMSSSn3 wmAawam a}aNnE Docum Number: T216309 Torr rtificate:41476.0 • Cancel Certificate:40257.0 Filed and/or Recorded on Nov 3, 2020 1:56 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, Registrar of Titles Crystal Campos, Auditor Mary Kaye Wahl, Treasurer Deputy CS Pkg ID: 7228075 Certificate of Real Estate Value Not Required PID: Balance of 25.2000010 & All of 25.1601130 No delinquent taxes Transfer entered Document Recording Fees $ 46.D0 Conservation Fee $ 5.00 Deed Tax $ 1.65 Document Total $ 52.65 Requesting Party: CAMPBELL KNUTSON PA Pages: 6 This cover page has been added to this document by Carver County land Records and is now an official part of this recorded document WA Bu! eCF DEED TAX DUE: $1.65 DATE: September 1, 2020 FOR VALUABLE CONSIDERATION, Beach Rd, LLC, a limited liability company under the laws of Minnesota ("Grantor), hereby conveys and warrants to Loel B. Brown and Mary Jane Brown ("Grantee"), as joint tenants, real property in Carver County, Minnesota, legally described as follows. See Exhibit "A" attached hereto The consideration for this deed is less than $3,000.00. Check here if all or part of the described real property is Registered (Tomens) IN together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: None Check applicable box: X The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: [... ].) ❑ 1 am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Current taxes on parcel split described 9withii (Date) s Cary r County Recorder Deputy Eca-1a1s Grantor Beach Rd, LLC, a Minnesota limited liability company By: i Coal B. Brown, manager ✓�,W rage • Page 2 of 3 WARRANTY DEED State of Minnesota, County of Cck V, V,? r This instrument was acknowledged before me on September I 2020, by Lcel B. Brown and Mary Jane Brown, as Managers of Beach Rd, LLC, a Minnesota limited liability company. vim. If E,!MSTECKUNC soteL THIS INSTRUMENT WAS DRAFTED BY: Angela V. Latlemont Lallemont Law, LLC 174 Main Street Winona, MN 5598 r �11 �17_- TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Loel & Mary Jane Brown 790 Santa Vera Drive Chanhassen, MN 55317 u City Clerk's Certification Pursuant to M.S.272,162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the t f Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Audito . ,c Z020 Dated: By Deputy Chanhassen ury clerk�— Printed Name:lJ` A �f- tJ� 0 Page 3 of 3 WARRANTY DEED Exhibit "A" That part of Lot 1, Block 1, CHAPARRAL, according to the recorded plat thereof, Carver County, Minnesota, described as follows: Commencing at the Northwest corner of said Lot 1; thence South 88 degrees 31 minutes 20 seconds East, assumed bearing along the North line of said Lot 1, 153.00 feet to the point of beginning; thence continuing South 88 degrees 31 minutes 20 seconds East, along said North line 87.00 feet to the Northeast corner of said Lot 1; thence South 01 degree 19 minutes 45 seconds East 89.37 feet, along the easterly line of said Lot 1, to an easterly corner of said Lot 1; thence South 20 degrees 54 minutes 07 seconds West 78.98 feet; thence North 72 degrees 00 minutes 00 seconds West 41.00 feet; thence North 54 degrees 45 minutes 00 seconds West 40.00 feet; thence North 11 degrees 45 minutes 00 seconds East 65.00 feet; thence North 01 degree 28 minutes 40 seconds East 66.00 feet to the point of beginning. And also all of Lot 1303, CARVER BEACH, according to the recorded plat thereof, Carver County, Minnesota. Minor Subdivision - for - Loel Brown 8 Jane Brown 901 Caner Beach Road Chanhassen, MN 55317 E)IG MGMMERry OESLRN/pll: �.l Rrtowsm nlacEiAPEsamnoN.- Ii . '�wNmu m6gmp�eapf iv..[4reu.0-°s.vu,. EsfcTT°vpl W \ CMa'.'�v^.T4,rn�+om.evmrv✓aswr:e�eo Sen Mm 0.Pw:f. mmuwAuve.[v ,uuen �1 ` T<w«r M.a•wo✓weemrm•aRpiu..�Mra.aM.Ws.wrp mw•sMwa m s'n,memweA/nin.:arr.w ✓ p `: G rrvmv/Y�p va. u•evrw.um�cA�u�i�anew�u�w•4` sam��L:awfm Ne®•n..w•rarswrawv+Pw+ewr aaeLerapm.m.__ _ P�OTOu4®R� R�SVIY/IOM: II�tt:.••u 5e.�...a„m..,.�1°..mm GL �' �'d see W"f ,wR.v Mww elm v.p/rbeem•..rm.n..mYa apq. e� aa,mpEm®T4ryr.sry[.yeeter mm•eee.ryp.ryuerur: �C 6 re.l....a.,..m.w.ww.:.e.a oarv,rmm.armu ! �oe,"wurEu..m �8 re � amLmrm\. um[rwu wsymr.rmuaemp.r. e.... er.n. ae...... mx✓m me m.m Ma xree. m:v Raae VR SEOSTFEETUTL/M1dWWIMIGEFIS9IFM.- ��o PROYOSEOORiINIGE 6 URLRYFASBEIITgGT:PY: f a<w+r6rmasp� LiY4Owvf4 ®pavrmvaw.Wp.a. .a ms5pr Y�.�Id,, p+MF>LsrR Curvet REVISED: OB2W}J. ppgrNaGE6VIMYEASEMERI$ REVISED: �IMIO-OMINgGE 6 OIM1IiYEtSENENR REVIS`t, IscO: 0891gJ.{ER LRY RtGIEWCDIYIENiS GTRWIO. MO.V.4p GRAPES. aEL w.ars 1 �+T�r mreN M•I mis w,pr eaz ppR.e q m a u aE mRolezwN f aM SvrreAVYs M la.a Ytln S. KNimrex(a oM. srowe V I.w Ivan ru. PM. e �n w]F3 i8 1 1 f 1 1 e e8- ensrxvG aSl HWSE L- A i as l; I (aD5) I 1 >_________ -/---------- -------------------- •-.e-- c\ a ."`,\ -.`` .\♦ ��`�•`�_` \ --�� E'. ,__ _ -- ---. PAPXEL __ - DELINEATED WETLAND BY \ \ ---- •.,' ' �;- \- ---- ---- \� JACOBSON ENVIRONMENTAL \ - _ _-- ---- ______ _ ""-EXISTWG DRAINAGE AND Ui1LITYEASEMENT � � I POND ELEVATION ON 03/31/20 = 997.4 (NAVD88) �\ - PARCEL B IMPERVIOUS COVERAGE. EXISUNG HOUSE: 1.5a2 S.F. DRIVEWAY: wasSF. STORAGE SHED. NSF. DECK WSF. TOTAL IMPERVIOUS: 2,5W S.F. LOTAREA: 15,G595F IMPERVIOUS COVERAGE: 17,2 % mszm EPSrWGLOT I: Ip ASi R nWLEt vnwot®.Ismsr. PRDN30ISOB9 werunP,soxoaaEe ss.ro>s, rMOFrgMM. I.. GRACE SIAR 30 8i5EYLNI/WAUIWI` f01JS3 I I s o tt j W SOUTHERLY(/NE OFLOFI �/ R 1IW�_ OREMIER LAND 5U0. rnr,Io. LLC IMP Arlb.tlw Bh/.3u# LO) vumm. Mxsasn enusmis :I • Documoumber: T21631O Torrens Certificate: Listed Below Filed and/or Recorded on Nov 3, 2020 1:56 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, Registrar of Titles Deputy CS Pkg ID: 7228075 Document Recording Fees $ 46.00 Additional Torrens Cert $ 20.00 Document Total $ 66.00 Requesting Party: CAMPBELL KNUTSON PA Pages: 6 Current Torrens Certificates: 41475.0 41476.0 This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document rresenrd fo recording f m ri / GRANT OF PERMANENT EASEMENT FOR ROAD, DRAINAGE AND UTILITY PURPOSES LOEL B. BROWN and MARY JANE BROWN, husband and wife, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public road right-of-way, drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "A" and depicted on Exhibit "B" ("the Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public road right-of-way, drainage and utility systems over, across, on, under, and through the Easement Premises, together with the right to grade, level, fill, drain, pave, and excavate the Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said road right-of-way, drainage and utility systems. The above named Grantors, for themselves, their heirs and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above -described Easement Premises; that they have the sole right to grant and convey the easement to the City; that there are no 2113120 unrecorded interests in the Easement Premises; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this�� day of f4� 2020. Loci B. 11rown Mary Jane Bro STATE OF MINNESOTA ) )ss. COUNTY WCar 4-11" ) The foregoing instrument was acknowledged before me this day of ( rSY 2020, by Loci B. Brown and Mary Jane Brown, husband and wife, Grantors. tary Public IWJEAN M STECKLING �� oa.rrm.prw,ie n, eoe+ DRAFTED BY: CAMPBELL KNUTSON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 211312r2 EXHIBIT "A" to GRANT OF PERMANENT EASEMENT Easement for Drainage and Utility A permanent drainage and utility easement over, across, on, under, and through a strip of land 6.00 feet in width, the easterly line of which is contiguous with the westerly line of said Parcel B. And also a strip of land 6.00 feet in width, the northeasterly line of which is contiguous with the southwesterly line of said Parcel B. And also a strip of land 6.00 feet in width, the northwesterly line of which is contiguous with the southeasterly line of said Parcel B, except that part lying northerly of a line drawn parallel with and distant 6.00 feet southerly of the South line of Lot 1303, CARVER BEACH, according to the recorded plat thereof, in said County. And also that part of said Lot 1, Block 1, CHAPARRAL, described as follows: Commencing at the Northwest comer of said Lot 1, thence South 01 degree 27 minutes 46 seconds West, assumed bearing along the West line of said Lot 1, 116.73 feet to the point of beginning; thence continuing South 01 degree 27 minutes 46 seconds West, along said West line, 29.53 feet to the northerly line of the existing drainage and utility easement as shown on said plat; thence South 86 degrees 01 minutes 20 seconds East, along said northerly line, 47.71 feet; thence North 55 degrees 00 minutes 00 seconds West, 57.25 feet to the point of beginning. [torrens] [Address: 921 Carver Beach Road, Chanhassen, MN 55317] Easement for Drainage and Utility A permanent drainage and utility easement over, across, on, under, and through the easterly and southerly 6.00 feet of said Lot 1303, CARVER BEACH. And also the southeasterly 6.00 feet of said Parcel B. And also the southwesterly 6.00 feet of said Parcel B. And also the westerly 6.00 feet of said Parcel B. Easement for Road and Drainage and Utility: A permanent road right-of-way, drainage and utility easement over, across, on, under, and through the northerly 10.00 feet of Lot 1303, CARVER BEACH, according to the recorded plat thereof, Carver County, Minnesota. [torrens] [Address: 901 Carver Beach Road, Chanhassen, MN 553171 211312r2 n u 1 1 1 ty - tsnMttu t _ _ •, ...�., t i► � 1 drba _� �yy - i 4R 1 I� r � if i; ,� •; i' - i JIJi ti+ J .�• % s. -L. •�` 3J Lt _,,! JI iJ r7 _ W I cc �Lu 3z }} // o w to Ialt W V � O z O a EXHIBIT' "B" to GRANT OF PERMANENT EASEMENT MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT MERCHANTS BANK, NATIONAL ASSOCIATION, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated March 1, 2019 and recorded March 15, 2019 with the offices of the Carver County Registrar, Minnesota, as Document No. T209196, and also holds an Assignment of Leases dated March 1, 2019 and recorded March 15, 2019 with the offices of the Carver County Registrar, Minnesota, as Document No. T209197, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing Grant of Permanent Easement. {H Dated this 2day of tenit✓ 2020. MERCHANTS BANK, National Association By pec-f/C�- [print name] Its f[1[c Pre5x-(rn4 [title] STATE OF t • i nne`Mr^ ) ) ss. COUNTY OF LA)', nQ nr - ) The foregoing instrument was acknowledged before me this V day of er 2020, by c dL1 Pi-j- the J icc- Ffesic(cn,l of, Merchants Bank, National Association, our, M l lk No Pu is MOLLI J. VODAK NOTARY PUBUC MINNESOTA .' My Comm. Expires Jan. 31, 2024 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 211312v2 • Docurn(sumber: T216311 Torrens Certificate: 41476.0 Filed and/or Recorded on Nov 3, 2020 1:56 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, Registrar of Titles Deputy CS Pkg ID: 7228075 Document Recording Fees $ 46.00 Document Total $ 46.00 Requesting Party: CAMPBELL KNUTSON PA Pages: 7 This cover page has been added to this document by Carver County land Records and is now an official part of this recorded document r� (reserved for recording inlor Eton) ENCROACHMENT AGREEMENT AGREEMENT made this LStay of �e�020, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and LOEL B. BROWN and MARY JANE BROWN, husband and wife ("Browns" or "Owners"). 1. BACKGROUND. Browns are the fee owners of certain real property located in the City of Chanhassen, County of Carver, State of Minnesota, legally described as follows: That part of Lot 1, Block 1, CHAPARRAL, according to the recorded plat thereof, Carver County, Minnesota, described as follows: Commencing at the Northwest comer of said Lot 1; thence South 88 degrees 31 minutes 20 seconds East, assumed bearing along the North line of said Lot 1, 153.00 feet to the point of beginning; thence continuing South 88 degrees 31 minutes 20 seconds East, along said North line 87.00 feet to the Northeast comer of said Lot 1; thence South 01 degree 19 minutes 45 seconds East, along the easterly line of said Lot 1, to an easterly comer of said Lot 1; thence South 20 degrees 54 minutes 07 seconds West 78.98 feet; thence North 72 degrees 00 minutes 00 seconds West 41.00 feet; thence North 54 degrees 45 minutes 00 seconds West 40.00 feet; thence North 11 degrees 45 minutes 00 seconds East 65.00 feet; thence North 01 degree 28 minutes 40 seconds East 66.00 feet to the point of beginning. And also all of Lot 1303, CARVER BEACH, according to the recorded plat thereof, Carver County, Minnesota. (torrew property) 211209v2 having a street address of 901 Carver Beach Road, Chanhassen, Minnesota 55317 ("Subject Property"). The City owns easements for drainage and utility purposes ("Easement Areas") over portions of the Subject Property. Browns have already placed a fence on the Subject Property which encroaches in the City's drainage and utility Easement Areas and Browns desire to keep the fence were it is already installed on the Subject Property as depicted on the attached Exhibit "A". 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas on the Subject Property for the fence conditioned upon removable fence panels in areas where the fence encroaches on existing utilities and/or installation of gates having a clear span the width of the easement for City access to its Easement Areas. Further conditions of encroachment approval are as follows: • The fence must allow water to pass under it so as not to impede overland water flow during rain events. • The fence must remain a minimum distance of five (5) feet from all drainage and utility structures. • The fence posts shall be placed on the Subject Property but not attached to neighboring fences and must not cross the property lines. • Owners must maintain the fence located on the Subject Property. • Owners are fully responsible and liable for any and all damage caused to the fence because of it being constructed in the City's Easement Areas. Further, Owners agree that the fence was constructed consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's Easement Areas, Owners, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the fence and removal of fence panels and/or gates in the City's Easement Areas, caused in whole or in part by the encroachment into the City's Easement Areas. 211209v2 4. TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time if it is reasonably necessary for the City to occupy the Easement Areas for drainage or utility purposes and the fence is inconsistent with the City' s use of the easement. Prior to termination, the City will give the then owners of the Subject Property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The property owners shall remove that portion of the fence to the extent it impacts the Easement Areas to the effective date of the termination of this Agreement If the owners fail to do so, the City may remove the fence to the extent it impacts the Easement Areas and charge the cost of removal back to the owners for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. [Remainder ofpage intentionally left blank. Signature pages follow] 21120910 3 STATE OF MINNESOTA )ss. COUNTY OF CARVER CITY: CITY OF CHANHASSEN By � Elise Ryan, Mayor d Heather Jol nsto Interim City Manager The foregoing instrument was acknowledged before me this 1J0" day of 2020, by Elise Ryan and by Heather Johnston, respectively the Mayor and Interim City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted 'bbyyVits p'City Council. i Nu - 1 ,III 1 No try Pu lic KIM T. MEUWISSEN Notary P Eb UM ISSEnn ta My Cpm*&Ion Expns Jn 31, 2025 211209v2 `J PROPERTY OWNERS: 100 y015 i i Mary Jane b�M STATE OF MINNESOTA ) )ss. COUNTY OFCa ive/ ) The foregoing instrument was acknowledged before me this 1-' day of Srr},CmL2f� V , 2020, by Loei B. Brown and ^Mary Jane Brown, husband and wife. \ NPublic � vV Y Y JEAN M STECKLING Nolery Ptbllo-MkwSote ` RA wo..rrme�amaaat,amr Am DRAFTED BY: CAMPBELL KNUTsoN, Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 211209v2 0 SEIrER E WAMR SERMES PERAS4U4TPRW 7"Z hx GURORA,t J Y - -- S 88'71'i \ 1530 ND\UTILITY EASEMENT EXHIBIT "A" uv .Tmo.o mm xle PROPOSED HOUSE 4 1 . CARVER BEACH ROAD 171— 3- 10.00 N01.1945'E_ — W --- 87.00 t i \�s t \ \ \ ; EXISTING HOUSE 1r; 11r,, (901) 1 ,t "C S- - W -__ I� 1 I � I f Y' o fo.o— •'� voo " V 1 \ \ i rrn• l Rwr. 14120 h \ :iaeao rnofiMl 1'L°+� I \\� \ \ — LJdp lb 70,1 rt01/Ili t+ \ ! \ \ `\ \ \ 0 61 \ \ \j \ \P% \\ lI Fence +, �•`•� `\ �`\.�\ Fence •,, 211209v2 6 CITY OF CHANHSSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson PA Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO 9/28/20 PC 2020-12 ATTENTION Jean Olson RE 901 Carver Beach Road Metes & Bounds Sub. ® Attached ❑ Under separate cover via the following items ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 9/29/20 Application to Combine Real Estate Parcels 1 9/29/20 Grant of Permanent Easement for Road, Drainage and Utility Purlooses THESE ARE TRANSMITTED as checked below: ❑ For approval ® Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Jean, if you have any questions. please contact Bob Generous at 952-227-1131 or bgenerous@ci.chanhassen Tin us Thank you. COPY TO. SIG �v �' �� ' �� ap Steckling. (952) 227-1 6 SCANNED If enclosures are not as noted. kindly notifv us at once. 0 Date Received_ CARVER COUNTY Land Records Department Government Center - Administration Building 600 East 4th Street Chaska. MN 55318-2102 Phone (952) 361-1930 Fax (952) 361-1931 Application to Combine Real Estate Parcels Per MN Statute 272.46 the county auditor, upon written application of any person, shall for property tax purposes only, combine legal descriptions of contiguous parcels to which the applicant(s) hold title. In order to be combined, the following requirements must be met: • Receipt of completed form by owner or designated representative • Based upon deeds of record, parcels must be of the same (identical) ownership • Parcels must be contiguous • Parcels must be located in same unique taxing districts (TAG) • Current year and delinquent taxes must be paid on each parcel • If parcels are in a Tax Increment Financing District (TIF), they must be located in the same TIF district • If special assessments are not paid on all parcels, the city/township would need to recertify the special assessments for the new parcel CAUTION Parcels that have been combined cannot be subdivided again without local municipality approval. If located in a township. Carver County Land Management Office must also approve the subdivision. Combined property tax will be reflected on next year's tax statement Owner (Applicant) Name: Beach Rd. LLC Address: 790 Santa Vera Dr Phone Number: 952-201-2568 Chanhassen. MN 55317 252000010 Parcels #'s to be combined. 251601130 V Date: q / -.,_I / 3� vv Please mail or fax completed and signed application to Land Records Department as listed above. Applications must be received by Dec. 31" to be considered for the following tax For Office Use Only. Approved Denied By: Reason Denied. 0 • t fl rVed f I /fmrQing infy IaaI , GRANT OF PERMANENT EASEMENT FOR ROAD, DRAINAGE AND UTILITY PURPOSES BEACH RD LLC, a !Minnesota limited liability company, hereinafter referred to as "Grantors". inconsideration of One Dollar (S l .00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent casement for public road right-of-way, drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota. as described on the attached Exhibit "A" and depicted on Exhibit -B" ("the Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public road rigltt-cf--«ay, drainage and utility systems over, acruss, on, under, and through the Easement Premises, together with the right to grade, level, fill, drain, pave, and excavate the Easement Premises, and the further right to remove trees, bushes, undergromh, and other obstructions interfering with the location, construction, and maintenance of said road right-of-way, drainage and utility systems. The above named Grantor, for itself. its successors and assigns does covenant with the City, its successors and assigns, that it is well seized in fee title of the above -described Easement Premiwb' that it has the sole right to grant and convey the easement to the City; that there are no unrecorded t 21131 hi • 0 interests in the Easement Premises, and that it will indemnify and hold the City harmless for any breach of the foregoing covenants.` IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this a r day of,�C� 2020. GRANTOR: BEACH RD LLC ��QLCc By, h l� 0 Y—ew [print Namel Its Pe r-n . P.— [ems] STATE OF MINNESOTA ) )ss. COUNTY OIC6 war ) cO,�L'The foregoing instrument was ac owl ged before me this 2 � day of S(D C,.,, 6L.y- , 2020, by I nc. � {!j , . the rrcyyNl f✓ of Beach Rd LLC, a Minnesota limited liability company, on behalf of the company. ary Public IfJEAN M STECKLIN' Notary R"jo MYnesaa w ot,.rrs, ate., ai s+. soar DRAFTED BY: CA.MPBELL KNum%', Proojessiond Associrdon Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 211312A 0 • EXHIBIT "A" to GRANT OF PERMANENT EASEMENT Easement for Drainage and Utility: A permanent drainage and utility easement over, across, on, under, and through a strip of land 6.00 feet in width, the easterly line of which is contiguous with the westerly line of said Parcel B. And also a strip of land 6.00 feet in width, the northeasterly line of which is contiguous with the southwesterly line of said Parcel B. And also a strip of land 6.00 feet in width, the northwesterly line of which is contiguous with the southeasterly line of said Parcel B, except that part lying northerly of a line drawn parallel with and distant 6.00 feet southerly of the South line of Lot 1303, CARVER BEACH, according to the recorded plat thereof, in said County. And also that part of said Lot 1, Block 1, CHAPARRAL, described as follows: Commencing at the Northwest comer of said Lot I, thence South 01 degree 27 minutes 46 seconds West, assumed bearing along the West line of said Lot 1, 116.73 feet to the point of beginning; thence continuing South 01 degree 27 minutes 46 seconds West, along said West line, 29.53 feet to the northerly line of the existing drainage and utility easement as shown on said plat; thence South 86 degrees 01 minutes 20 seconds East, along said northerly line, 47.71 feet; thence North 55 degrees 00 minutes 00 seconds West, 57.25 feet to the point of beginning. [torrens] [Address: 921 Carver Beach Road, Chanhassen, MN 55317] Easement for Drainage and Utility: A permanent drainage and utility easement over, across, on, under, and through the easterly and southerly 6.00 feet of said Lot 1303. CARVER BEACH. And also the southeasterly 6.00 feet of said Parcel B. And also the southwesterly 6.00 feet of said Parcel B. And also the westerly 6.00 feet of said Parcel B. Easement for Road and Drainage and Utilitv: A permanent road right-of-way, drainage and utility easement over, across, on, under, and through the northerly 10.00 feet of Lot I303, CARVER BEACH, according to the recorded plat thercof, Carver County, Minnesota. [torrens] [Address: 901 Carver Beach Road, Chanhassen, MN 55317] 2u3t2%t EXHIBIT "B" to GRANT OF PERMANENT EASEMENT CARVER BEACH ROAD ♦ YM ` .YIPIY l (.lY/MYOOMUAOF •l�♦VIIRI'r.M�1I r•• PROPOSED NOOSE NOU" L-^j • •` .\ , " -...— 7 J j __""' 4 al 1 --------- ?'�•.� `. \. , .,..-, fir. r � not 1. .• ..;:ra..= - —.a•,,,,, • — _ - f .f � PARCEL' �•Vt DELINEATED WETLAND BY JACOBSON ENVIRONMENTAL �•.•�,� �`..( 4117120 EXISTINGDRAINAGEANOUTILI7YEASENENT Cl r 111i1_'♦1 CITY OF CHAN&SEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson PA Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER 09TRANSMITTAL DATE JOB NO. 9/21/20 ATTENTION Jean Olson RE: 901 Carver Beach Road Metes & Bounds Subdivision ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 7/30/20 2020-48 Certification Page for Resolution (signed and sealed THESE ARE TRANSMITTED as checked below ❑ For approval ® Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Jean, as requested. Please contact Bob Generous at 952-227-1131 or benerous@ci.chanhassen.mn.us with any additional questions or concerns. He is, however, out of the office this week. Thank you. COPY TO: SIGID ( -an Steckling, (952) 227 1106 If enclosures are not as noted, kindly notify us at once. CERTIFICATION STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) I, Kim Meuwissen, Deputy Clerk of the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No. 202048 "Approving a Metes and Bounds Subdivision Mary Jane Brown, 901 Carver Beach Road." adopted by the Chanhassen City Council on July 27, 2020 with the original copy now on file in my office and have found the same to be a true and correct copy thereof Witness my hand and official seal at Chanhassen, Minnesota, this 30th day of July, 2020. I Meuwissen, D u Clerk CITY OF CHANIOSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson PA Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER TRANSMITTAL DATE JOB NO. 9/18/20 ATTENTION Jean Olson RE: 901 Carver Beach Road Metes & Bounds Subdivision ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 9/8/20 Mortgage Holder Consent Signature Page THESE ARE TRANSMITTED as checked below: ❑ For approval ® Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Jean, this page appears to be an original. Please contact Bob Generous at 952-227-1131 or benerous@ci.chanhassen.mn.us with any questions. Thank you. COPY TO: - CJean Steckling, (952) 227-11 6 If enclosures are not as noted, kindly notify us at once. EXHIBIT "B" to GRANT OF PERMANENT EASEMENT MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT MERCHANTS BANK, NATIONAL ASSOCIATION, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated March 1, 2019 and recorded March 15, 2019 with the offices of the Carver County Registrar, Minnesota, as Document No. T209196, and also holds an Assignment of Leases dated March 1, 2019 and recorded March 15, 2019 with the offices of the Carver County Registrar, Minnesota, as Document No. T209197, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing Grant of Permanent Easement. 4 r" Dated this 2 day of L l_/l U �/� , 2020. MERCHANTS BANK, National Association By J;d Pry -reek [print name] Its rk 1jcr Pre54en4 [tine] STATE OF • 1; noeC j ) ) SS. COUNTY OF W t nano. ) The foregoing instrument was acknowledged before me this `d° day of e/ 2020, by �\ (J%e�e1 _ the J ic-� Pies d of> Merchants Bank, National Association, onV a ntity. in Not Pu is MOLLI J. VODAK SMY NOTARY PUBLIC MINNESOTA Comm. Expires Jan. 37, 2024 THIS INSTRUMENT WAS DRAFTED BY: CANIPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 211312v2 CITY OF CHANINSSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson PA Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER #TRANSMITTAL Jean Olson RE: 901 Carver Beach Road Metes & Bounds Subdivision ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 7/27/20 2020-48 Certified Resolution 1 911/20 Warranty Deed 1 9/1/20 Warranty Deed 1 7/1/20 Minor Subdivision Plan Sheet 1 9/3/20 Mortgage Holder Consent to Lot Combination/Subdivision 1 8/20/20 Grant of Permanent Easement for Road, Drainage & Utility Purposes 1 9/11/20 Grant of Permanent Easement for Road, Drainage & Utility Purposes 1 9/15/20 Encroachment Agreement THESE ARE TRANSMITTED as checked below: ❑ For approval ® For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE ® Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Recording ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Please contact Bob Generous at 952-227-1131 or bgenerous@ci.chanhassen.mn.us with any questions. Thank you. COPY TO: SIGNe J qn Steckling, (952) 227-11Q N enclosures are not as noted, kindly notlry us at once. CERTIFICATION STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) I, Kim Meuwissen, Deputy Clerk of the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No. 202048 "Approving a Metes and Bounds Subdivision Mary Jane Brown, 901 Carver Beach Road." adopted by the Chanhassen City Council on July 27, 2020 with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 30th day of July, 2020. -A4�TqQj1A-11fA4At4^-, Kim Nokuwissen, D u Jerk SQMNrD CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: July 27, 2020 RESOLUTION NO: 2020-48 MOTION BY: McDonald SECONDED BY: Tiornhom A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION MARY JANE BROWN, 901 CARVER BEACH ROAD WHEREAS, Mary Jane Brown of Beach Road, LLC, has requested approval of a metes and bounds subdivision creating two single-family lots on property in Chanhassen described as: Lot 1, Block 1, Chaparral, Carver County, Minnesota and Lot 1303, Carver Beach, Carver County, Minnesota; and WHEREAS, the property is guided for Residential Low Density use; and WHEREAS, the property is zoned Planned Unit Development — Residential district, PUD-R; and WHEREAS, the proposed metes and bounds subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS, the proposed metes and bounds subdivision adequately provides for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the city; and WHEREAS, the proposed metes and bounds subdivision is consistent with the Chanhassen Comprehensive Plan and Zoning ordinance. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves a metes and bounds subdivision consisting of two tracts: Parcels A and B, subject to the following conditions: Engineering: 1. The applicant shall update the parcels description to adhere to six (6) foot side and rear yard drainage and utility easements (as applicable) and ten (10) foot front yard drainage and utility easements on both Parcel A and Parcel B prior to recording of the subdivision. 2. The property owner of Parcel B shall enter into an encroachment agreement for the existing fence within the newly created drainage and utility easement prior to recording of the subdivision. 3. The applicant shall enter into a right-of-way easement agreement with the city to obtain a consistent 50-foot right-of-way corridor along Carver Beach Road prior to recording of the subdivision. 4. Retaining walls shall not be constructed within drainage and utility easements. 5. The development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation; for 2020 they total $15,600.86, and are enumerated as such: a. Surface Water Development Fee: $9,800.86 b. Park Dedication Fee: $5,800.00 Environmental Resources: 1. Tree preservation fencing must be installed at the edge of grading limits prior to any construction activities. 2. The applicant shall submit a corrected inventory and survey that also shows tree protection fencing to be installed around the entire site at the edge of the grading limits. Parks & Recreation: 1. Park dedication fees in the amount of $5,800 shall be paid prior to recording the subdivision. Water Resources: 1. Retaining walls and fences must be located outside of the wetland buffer. 2. The applicant shall adjust the drainage and utility easements to fully encompass the delineated wetland on the property. 3. A surface water management fee in the amount of $9,800.86 shall be paid prior to recording the subdivision. 4. The proposed development will trigger Rule C-EPSC, Rule D-Wetland and Creek Buffers, and Rule J-Stormwater Management, for the Riley, Purgatory, Bluff Creek Watershed District and must receive a permit from them. Passed and adopted by the Chanhassen City Council this 27a' day July of 2020. ATTEST: eather Johnston, Int im City Manager YES NO Ryan Campion Coleman McDonald Tjomhom Elise Ry$l, Mayor ABSENT 2 11 C� CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: July 27, 2020 RESOLUTION NO: 2020-48 MOTION BY: McDonald SECONDED BY: Tiornhom A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION MARY JANE BROWN, 901 CARVER BEACH ROAD WHEREAS, Mary Jane Brown of Beach Road, LLC, has requested approval of a metes and bounds subdivision creating two single-family lots on property in Chanhassen described as: Lot 1, Block 1, Chaparral, Carver County, Minnesota and Lot 1303, Carver Beach, Carver County, Minnesota; and WHEREAS, the property is guided for Residential Low Density use; and WHEREAS, the property is zoned Planned Unit Development — Residential district, PUD-R; and WHEREAS, the proposed metes and bounds subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS, the proposed metes and bounds subdivision adequately provides for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the city; and WHEREAS, the proposed metes and bounds subdivision is consistent with the Chanhassen Comprehensive Plan and Zoning ordinance. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves a metes and bounds subdivision consisting of two tracts: Parcels A and B, subject to the following conditions: Engineering: 1. The applicant shall update the parcels description to adhere to six (6) foot side and rear yard drainage and utility easements (as applicable) and ten (10) foot front yard drainage and utility easements on both Parcel A and Parcel B prior to recording of the subdivision. 2. The property owner of Parcel B shall enter into an encroachment agreement for the existing fence within the newly created drainage and utility easement prior to recording of the subdivision. 3. The applicant shall enter into a right-of-way easement agreement with the city to obtain a consistent 50-foot right-of-way corridor along Carver Beach Road prior to recording of the subdivision. 4. Retaining walls shall not be constructed within drainage and utility easements. 9GaUNEa 5. The development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation; for 2020 they total $15,600.86, and are enumerated as such: a. Surface Water Development Fee: $9,800.86 b. Park Dedication Fee: $5,800.00 Environmental Resources: 1. Tree preservation fencing must be installed at the edge of grading limits prior to any construction activities. 2. The applicant shall submit a corrected inventory and survey that also shows tree protection fencing to be installed around the entire site at the edge of the grading limits. Parks & Recreation: 1. Park dedication fees in the amount of $5,800 shall be paid prior to recording the subdivision. Water Resources: 1. Retaining walls and fences must be located outside of the wetland buffer. 2. The applicant shall adjust the drainage and utility easements to fully encompass the delineated wetland on the property. 3. A surface water management fee in the amount of $9,800.86 shall be paid prior to recording the subdivision. 4. The proposed development will trigger Rule C-EPSC, Rule D-Wetland and Creek Buffers, and Rule J-Stormwater Management, for the Riley, Purgatory, Bluff Creek Watershed District and must receive a permit from them. Passed and adopted by the Chanhassen City Council this 27ei day July of 2020. ATTEST: eather Johnston, lnt im City Manager Elise Ry , Mayor YES NO ABSENT Ryan Campion Coleman McDonald Tjomhom 0 • (Top 3 inches reserved for recording data) WARRANTY DEED Business Entity to Individual(s) eCRV number: DEED TAX DUE: $1.65 DATE: September 1, 2020 FOR VALUABLE CONSIDERATION, Beach Rd, LLC, a limited liability company under the laws of Minnesota ('Grantor), hereby conveys and warrants to Loel B. Brown and Mary Jane Brown ('Grantee'), as joint tenants, real property in Carver County, Minnesota, legally described as follows: See Exhibit "A" attached hereto The consideration for this deed is less than $3,000.00. Check hen; if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: None Check applicable box: X The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number. [... ].) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. ECB-1019 Grantor Beach Rd, LLC, a Minnesota limited liability company By: Loel B. Brown, manager By: l � Mary Jane Brown, manager SCANNSO 2 of State of Minnesota, County of Co. rye { WARRANTY DEED This instrument was acknowledged before me on September I, 2020, by Loel B. Brown and Mary Jane Brown, as Managers of Beach Rd, LLC, a Minnesota limited liability company. jjC"JEAN M STECKLINC Notary Pabgo-Mkxasot&mare M w epe.ynat,2� I I3l la� y ion expires: �T !�m✓eerhsaa THIS INSTRUMENT WAS DRAFTED BY: Angela V. Lallemorw Lallemont Law, LLC 174 Main Street Winona, MN 5598 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Loel & Mary Jane Brown 790 Santa Vera Drive Chanhassen, MN 55317 Page 3 of 3 WARRANTY DEED Exhibit "A" Lot 1, Block 1, CHAPARRAL, according to the recorded plat thereof, Carver County, Minnesota, EXCEPT that part described as follows: Commencing at the Northwest comer of said Lot 1; thence South 88 degrees 31 minutes 20 seconds East, assumed hearing along the North line of said Lot 1,153.00 feet to the point of beginning; thence continuing South 88 degrees 31 minutes 20 seconds East, along said North line 87.00 feet to the Northeast comer of said Lot 1; thence South 01 degree 19 minutes 45 seconds East, 99.37 feet, along the easterly line of said Lot 1, to an easterly comer of said Lot 1; thence South 20 degrees 54 minutes 07 seconds West 78.98 feet; thence North 72 degrees 00 minutes 00 seconds West 41.D0 feet; thence North 54 degrees 45 minutes 00 seconds West 40.00 feet; thence North 11 degrees 45 minutes 00 seconds East 65.00 feet; thence North 01 degree 28 minutes 40 seconds East 66.00 feet to the point of beginning. And also that part of said Lot 1 described as follows: Commencing at the Northwest comer of said Lot 1, thence South 01 degree 27 minutes 46 seconds West, assumed hearing along the West line of said Lot 1,116.73 feet to the point of beginning; thence continuing South 01 degree 27 minutes 46 seconds West, along said West line, 29.53 feet to the northerly line of the existing drainage and utility easement as shown on said plat; thence South 86 degrees 01 minutes 20 seconds East, along said northerly line, 47.71 feet; thence North 55 degrees 00 minutes 00 seconds West, 57.25 feet to the point of beginning. EXCEPT the existing drainage and utility easements over said Lot 1 as shown on said plat. • (Top 3 inches reserved for recording data) WARRANTY DEED Business Entity to Individual(s) eCRV number: DEED TAX DUE: $1.65 DATE: September 1, 2020 FOR VALUABLE CONSIDERATION, Beach Rd, LLC, a limited liability company under the laws of Minnesota ('Grantor), hereby conveys and warrants to Loel B. Brown and Mary Jane Brown ('Grantee'), as joint tenants, real property in Carver County, Minnesota, legally described as follows: See Exhibit "A" attached hereto The consideration for this deed is less than $3,000.00. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: None Check applicable box: X The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: [... J.) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor Beach Rd, LLC, a Minnesoottaa limited liability company BY: % cel B. Brown, manager By. ' Mary Jane B n, manager ECB-loss Pape t SQNNN=-D 2 of State of Minnesota, County of CaYV"f r WARRANTY DEED This instrument was acknowledged before me on September L[. 2020, by Loel B. Brown and Mary Jane Brown, as Managers of Beach Rd, LLC, a Minnesota limited liability company. BEAN M STECKLING VNO" Pub"lliV10080ts WON r�Jnat,224 THIS INSTRUMENT WAS DRAFTED BY: Angela V. Lallemont Lallemont Law, LLC 174 Main Street Winona, MN 5598 furc alndarial alrcer) �- missbn expires: I a LI .'varbeatl TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Loaf & Mary Jane Brown 790 Santa Vera Drive Chanhassen, MN 55317 is Page 3 of 3 Exhibit "A" WARRANTY DEED That part of Lot 1, Block 1, CHAPARRAL, according to the recorded plat thereof, Carver County, Minnesota, described as follows: Commencing at the Northwest comer of said Lot 1; thence South 88 degrees 31 minutes 20 seconds East, assumed bearing along the North line of said Lot 1,153.D0 feet to the point of beginning; thence continuing South 88 degrees 31 minutes 20 seconds East, along said North line 87.00 feet to the Northeast comer of said Lot 1; thence South 01 degree 19 minutes 45 seconds East, along the easterly line of said Lot 1, to an easterly comer of said Lot 1; thence South 20 degrees 54 minutes 07 seconds West 78.98 feet; thence North 72 degrees 00 minutes 00 seconds West 41.00 feel; thence North 54 degrees 45 minutes 00 seconds West 40.D0 feet; thence North 11 degrees 45 minutes 00 seconds East 65.00 feet; thence North 01 degree 28 minutes 40 seconds East 66.D0 feet to the point of beginning. And also all of Lot 1303, CARVER BEACH, according to the recorded plat thereof, Carver County, Minnesota. i Iggu+��o R - FOGS r" i gn it I!i � �,{ i%i ii/ UJ/ Affi 99 l Yj �I id J 1101A1If1W // ,°, .R888 e b , E {{i;,ill , i+I � a ► 3{isi� ' +1t 3 i ''y_s Fg m � � 1 �ili`i� � ; i i!j �� •tt'7',3 � ! �� s��3 ij � �'� � +'>p� R k i i i t 7't�•# 1 ��i 3 7ea ��'3i;• . N.a 13 2i� I�t,i i { ,i�.i;l i3 a �� tt , t tlj • ,,, I ,, Y lY it I !I ' fill. 7, a `.il ,t o " JAY�►� {ii'1;1.F1S! !II 3n1{; iI i'l+,;,l�'�i,S't}'s�'► �'ti3ll33}{�ii fE G6F {t3! • (Reserved for Recording Data) MORTGAGE HOLDER CONSENT TO LOT COMBINATION/SUBDIVISION JffiS CONSENT TO LOT COMBINATION/SUBDIVISION, made this 3 d day of 2020, is granted by MERCHANTS BANK, NATIONAL ASSOCIATION. For One Dollar and other good and sufficient consideration, in hand received, Merchants Bank which holds a mortgage dated March 1, 2019 and recorded March 15, 2019 with the offices of the Carver County Registrar, Minnesota, as Document No. T209196, and also holds an Assignment of Leases dated March 1, 2019 and recorded March 15, 2019 with the offices of the Carver County Registrar, Minnesota, as Document No. T209197, executed by Beach Rd, LLC, a Minnesota Limited Liability Company, on land legally described as follows: Lot 13, CARVER -BEACH, according to the recorded plat thererof and Lot 1, Block 1, CHAPARRAL, according to the recorded plat thereof hereby consents to the lot combination/subdivision of land in Carver County, Minnesota as shown on the attached certificate of survey for 901 Carver Beach Road, prepared by Premier Land Surveying, LLC dated July 1, 2020. This consent is irrevocable and Merchants Bank agrees to cooperate in the signing and filing of any and all documents which may be necessary for the filing of the deeds with respect to this property. MERCHANTS BANK, National Association By 1 y-r \ Fr !r f G— [print name] Its Jlce prpslc.(en� [title] 211567A SWA1017`. STATE OF M; nIX50 k ) ss. COUNTY OF W 1(lo/xC ) The foregoing instrument , 2020, by --C Merchants Bank, National Associa MOLLI J. VODAK NOTARY PUBUC�MI�N3S0024 MY Comm. Exp DRAFTED BY: Campbell Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 612.452.5000 was acknowledged before me this �5Cf day of did Pxrrey the Vic-Are5"dr'xi. of n, on behalf of w entity. A t n 211567vl . Attachmejo Consent by Merchants Bank eR: h 211567NI 0 i n df,,emrdlrg'n%armatimr/ GRANT OF PERMANENT EASEMENT FOR ROAD, DRAINAGE AND UTILITY PURPOSES BEACH RD LLC, a Minnesota limited liability company, hereinafter referred to as "Grantors", in consideration of One Dollar (S 1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public mad right-of-way, drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "A" and depicted on Exhibit "B" ('the Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public road right-of-way, drainage and utility systems over, across, on, under, and through the Easement Premises, together with the right to grade, level, fill, drain, pave, and excavate the Easement Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said road right-of-way, drainage and utility systems. The above named Grantor, for itself, its successors and assigns does covenant with the City, its successors and assigns, that it is well seized in fee title of the above -described Easement Premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded zll312%1 SCANNSD interests in the Easement Premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this. - day of i{{ t' l 2020. GRANTOR: BEACH RD LLC n Ta.t c:..— [print Namel Its Y 41, 4&4— STATE OF MINNESOTA ) ! )ss. COUNTY OFL,rra! ) The foregoing instrument was acknowledged before me this ,-Q01' day of 2020, by Mt.,rg jgne ArcXQ I the rverntur- of Beach Rd LLC, a Minnesota limited liabi ity company, on behalf of the company. T 1 ti(Q.! Lit.1ae4-, Nota4 Pub tc j#K1(M T. MEUINISSEN A EU DRAFTED BY: CAMPBELL KNUTSON, Projessiond Associaaios Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 211312vl EXHIBIT "A" to GRANT OF PERMANENT EASEMENT Easement for Drainage and Utility A permanent drainage and utility easement over, across, on, under, and through a strip of land 6.00 feet in width, the easterly line of which is contiguous with the westerly line of said Parcel B. And also a strip of land 6.00 feet in width, the northeasterly line of which is contiguous with the southwesterly line of said Parcel B. And also a strip of land 6.00 feet in width, the northwesterly line of which is contiguous with the southeasterly line of said Parcel B, except that part lying northerly of a line drawn parallel with and distant 6.00 feet southerly of the South line of Lot 1303, CARVER BEACH, according to the recorded plat thereof, in said County. And also that part of said Lot I, Block 1, CHAPARRAL, described as follows: Commencing at the Northwest comer of said Lot 1, thence South 01 degree 27 minutes 46 seconds West, assumed bearing along the West line of said Lot 1, 116.73 feet to the point of beginning; thence continuing South 01 degree 27 minutes 46 seconds West, along said West line, 29.53 feet to the northerly line of the existing drainage and utility easement as shown on said plat; thence South 86 degrees 01 minutes 20 seconds East, along said northerly line, 47.71 feet; thence North 55 degrees 00 minutes 00 seconds West, 57.25 feet to the point of beginning. [lorrens] [Address: 921 Carver Beach Road, Chanhassen, MN 553171 Easement for Drainage and Utility: A permanent drainage and utility easement over, across, on, under, and through the easterly and southerly 6.00 feet of said Lot 1303, CARVER BEACH. And also the southeasterly 6.00 feet of said Parcel B. And also the southwesterly 6.00 feet of said Parcel B. And also the westerly 6.00 feet of said Parcel B. Easement for Road and Drainage and Utility: A permanent road right-of-way, drainage and utility easement over, across, on, under, and through the northerly 10.00 feet of Lot 1303, CARVER BEACH, according to the recorded plat thereof, Carver County, Minnesota. [rorrens] [Address: 901 Carver Beach Road, Chanhassen, MN 55317] 211312v1 EXHIBIT "B" to GRANT OF PERMANENT EASEMENT sYW•-W 1. 1 ---^ _ CARVM BEACH ROAD (reserved w recardin m ormaiian/ GRANT OF PERMANENT EASEMENT FOR ROAD, DRAINAGE AND UTILITY PURPOSES LOEL B. BROWN and MARY JANE BROWN, husband and wife, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public road right-of-way, drainage and utility purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "A" and depicted on Exhibit `B" (`the Easement Premises"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public road right-of-way, drainage and utility systems over, across, on, under, and through the Easement Premises, together with the right to grade, level, fill, drain, pave, and excavate the Easement Premises, and the further right to remove trees, bushes. undergrowth, and other obstructions interfering with the location, construction, and maintenance of said road right-of-way, drainage and utility systems. The above named Grantors, for themselves, their heirs and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above -described Easement Premises; that they have the sole right to grant and convey the easement to the City; that there are no 1 211312 2 unrecorded interests in the Easement Premises; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this 1141-1 day of, 2020. GRANTORS:Loel B. Brown r.. „ Mary Jane Bro STATE OF MINNESOTA ) COUNTY Oi(2-ary-V't )ss.) The foregoing instrument was acknowledged before me this 11 14� day of K\►Jif 2020, by Loel B. Brown and Mary Jane Brown, husband and wife, Grantors. ` � tary Public . .-.. L ,ems DRAFTED BY: CAMPBELL KNUTSON, Professional Association Grand Oak Office Center 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 2113120 0 EXHIBIT "A" to GRANT OF PERMANENT EASEMENT Easement for Drainage and Utility A permanent drainage and utility easement over, across, on, under, and through a strip of land 6.00 feet in width, the easterly line of which is contiguous with the westerly line of said Parcel B. And also a strip of land 6.00 feet in width, the northeasterly line of which is contiguous with the southwesterly line of said Parcel B. And also a strip of land 6.00 feet in width, the northwesterly line of which is contiguous with the southeasterly line of said Parcel B, except that part lying northerly of a line drawn parallel with and distant 6.00 feet southerly of the South line of Lot 1303, CARVER BEACH, according to the recorded plat thereof, in said County. And also that part of said Lot 1, Block 1, CHAPARRAL, described as follows: Commencing at the Northwest comer of said Lot 1, thence South 01 degree 27 minutes 46 seconds West, assumed bearing along the West line of said Lot 1, 116.73 feet to the point of beginning; thence continuing South 01 degree 27 minutes 46 seconds West, along said West line, 29.53 feet to the northerly line of the existing drainage and utility easement as shown on said plat; thence South 86 degrees 01 minutes 20 seconds East, along said northerly line, 47.71 feet; thence North 55 degrees 00 minutes 00 seconds West, 57.25 feet to the point of beginning. [torrens) [Address: 921 Carver Beach Road, Chanhassen, MN 553171 Easement for Drainage and Utility• A permanent drainage and utility easement over, across, on, under, and through the easterly and southerly 6.00 feet of said Lot 1303, CARVER BEACH. And also the southeasterly 6.00 feet of said Parcel B. And also the southwesterly 6.00 feet of said Parcel B. And also the westerly 6.00 feet of said Parcel B. Easement for Road and Drainage and Utility A permanent road right-of-way, drainage and utility easement over, across, on, under, and through the northerly 10.00 feet of Lot 1303, CARVER BEACH, according to the recorded plat thereof, Carver County, Minnesota. [torrens] [Address: 901 Carver Beach Road, Chanhassen, MN 55317] 2u312vv2 EXHIBIT "B" to GRANT OF PERMANENT EASEMENT CARVER BEACH ROAD �f1�-1�6�RNe � ""�"�. C— OMC �T� LR ..�i�.n�--ate- = J... _ w� •nv� _)�� eM•=r!e [ • ,.{' s. i•' y L- __CONf4k1! e1rIEMHut ram• own r •.�... ewirwe"A=♦tl`tl AM`niwmu=wu+r .`' _ rr _- •_ ` "Vow _'_ PROPOSED HOUSE .. y ►' �7�i + e NaHeE it i�II:9`6 �. i�+ r---,EXIS i .................. ...... ' '�.., ��, ��•. Jr`. '•...0 ��' �: `-. w. �f�1�i NL...i HOUSE ,+f Plot ft—j ♦ t� ♦ , .,�♦..A'• `.� ♦ -. � ,. ,�� d � � r .wwur.a '.——sA•ai�re' — _.. — .—.l r i - ..,..•� •'. `�Mr �. s"ti / It yy fyyi � • ., �,, d . •,' � � �"V. .. 11 d''•r •. - ;� PARCEL' A fit DELINEATED WETLAND BY \� +•+, ..i. •� ! JACOSSONENVIRONMENTAL - \ ~"+•+•.,� + C 4117/20 S RE HO _ °—t _ - L `R •fir../�. •+,�,.,y r' a it No EMSTING DRAWAGEAND UTILITYEASEUENT POND •I 0 EXHIBIT "B" to GRANT OF PERMANENT EASEMENT MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT MERCHANTS BANK, NATIONAL ASSOCIATION, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated March 1, 2019 and recorded March 15, 2019 with the offices of the Carver County Registrar, Minnesota, as Document No. T209196, and also holds an Assignment of Leases dated March 1, 2019 and recorded March 15, 2019 with the offices of the Carver County Registrar, Minnesota, as Document No. T209197, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing Grant of Permanent Easement. Dated this L(-" day of 'J5 � , 2020. STATE OF M DQ(cd4,, ) ) ss. COUNTY OF OGnr, The foregoing instrument Q�20ion by � of Me chants Bank, National Assot MOLLI J. VODAK NOTARY PUBLIC MINNESOTA My Conan. Expirtu Jan. 31, 2a24 MERCHANTS BANK, National Association By _ 3c uy'J N�7iC, rre.[print name] Its t[ , CL [title] was acknowledged before me this Z C'-' day of . ,. Y THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNOSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 211312v1 (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this )5 day of c5e ev,�2020, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and LOEL B. BROWN and MARY JANE BROWN, husband and wife ("Browns" or "Owners") 1. BACKGROUND. Browns are the fee owners of certain real property located in the City of Chanhassen, County of Carver, State of Minnesota, legally described as follows: That part of Lot 1, Block 1, CHAPARRAL, according to the recorded plat thereof, Carver County, Minnesota, described as follows: Commencing at the Northwest corner of said Lot 1; thence South 88 degrees 31 minutes 20 seconds East, assumed bearing along the North line of said Lot 1, 153.00 feet to the point of beginning; thence continuing South 88 degrees 31 minutes 20 seconds East, along said North line 87.00 feet to the Northeast comer of said Lot 1; thence South 01 degree 19 minutes 45 seconds East, along the easterly line of said Lot 1, to an easterly comer of said Lot 1; thence South 20 degrees 54 minutes 07 seconds West 78.98 feet; thence North 72 degrees 00 minutes 00 seconds West 41.00 feet; thence North 54 degrees 45 minutes 00 seconds West 40.00 feet; thence North I degrees 45 minutes 00 seconds East 65.00 feet; thence North 01 degree 28 minutes 40 seconds East 66.00 feet to the point of beginning. And also all of Lot 1303, CARVER BEACH, according to the recorded plat thereof, Carver County, Minnesota (torrens property) 2112090 having a street address of 901 Carver Beach Road, Chanhassen, Minnesota 55317 ("Subject Property"). The City owns easements for drainage and utility purposes ("Easement Areas") over portions of the Subject Property. Browns have already placed a fence on the Subject Property which encroaches in the City's drainage and utility Easement Areas and Browns desire to keep the fence were it is already installed on the Subject Property as depicted on the attached Exhibit "A". 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas on the Subject Property for the fence conditioned upon removable fence panels in areas where the fence encroaches on existing utilities and/or installation of gates having a clear span the width of the easement for City access to its Easement Areas. Further conditions of encroachment approval are as follows: • The fence must allow water to pass under it so as not to impede overland water flow during rain events. • The fence must remain a minimum distance of five (5) feet from all drainage and utility structures. • The fence posts shall be placed on the Subject Property but not attached to neighboring fences and must not cross the property lines. • Owners must maintain the fence located on the Subject Property. • Owners are fully responsible and liable for any and all damage caused to the fence because of it being constructed in the City's Easement Areas. Further, Owners agree that the fence was constructed consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's Easement Areas, Owners, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the fence and removal of fence panels and/or gates in the City's Easement Areas, caused in whole or in part by the encroachment into the City's Easement Areas. 211209v2 2 4. TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time if it is reasonably necessary for the City to occupy the Easement Areas for drainage or utility purposes and the fence is inconsistent with the City' s use of the easement. Prior to termination, the City will give the then owners of the Subject Property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The property owners shall remove that portion of the fence to the extent it impacts the Easement Areas to the effective date of the termination of this Agreement. If the owners fail to do so, the City may remove the fence to the extent it impacts the Easement Areas and charge the cost of removal back to the owners for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. [Remainder ofpoge intentionally left blank Signature pagesfollow.] zt 1209v2 3 0 CITY: CITY OF CHANHASSEN By v,^� (SEAL) Elise Ryan, Mayor d Heather Jobnsto Interim City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 6*"' day of 2020, by Elise Ryan and by Heather Johnston, respectively the Mayor and Interim City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Not��ry Pu lic 211^"" 2 u PROPERTY OWNERS: STATE OF MINNESOTA ) )ss. COUNTY OF&Q rve/ ) c- The foregoing instrument was acknowledged before me this 1-1 day of ,Srr Ie� rv,h•V , 2020, by Loel B. Brown and Mary Jane Brown, husband and wife. N Public llo4 M ING Notary� f ty asrflrm SON de M. M DRAFTED BY: CAnQBrE.L Rntrrson, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 211209v2 SEWER E WATER SERVICES PERAS-SUXT PRWJ ?"] �t hI \ 153.00 A&URUTxEASEUENT ♦♦ 1 ooRe. ^�. —446 un EXHIBIT "A" 1RV-1014.0 (RD) CARVER BEACH ROAD —Iff a� ei , xy R� a A PROPOSED HOUSE All RWT. IH]A X 1 10.00 NOI-19-45-E .�i age h - 1 1 `— 1its n.00 � 1 0 »" e \ 1 L\ f l , I ( E)(ISTING HOUSE (901) 1 t \ I- a M 1\ ;I I • \ r Fence.,9 �`♦ �,, \\ Fencejp e f,, `' A• �\\ �`,, �\ �``` /�.y b / % Rey 7`- 211209t2 6 CITY OF CHANHASSEN • • P O BOX 147 CHANHASSEN MN 55317 08/20/2020 2:24 PM Receipt No. 00447020 CLERK: ashleym PAYEE: Loel & Jane Brown 790 Santa Vera DRive Chanhassen MN 55317- 901 Carver Beach Road ------------------------------------------------------- Park Fees 5,800.00 SW Development Fees 9,800.86 Total Cash Check 5475 Change SCANNED 15,600.86 0.00 15,600.86 0.00 E CITY OF CHANHASSEN PROPOSED MOTION: CC DATE: July 27, 2020 REVIEW DEADLINE: CASE #: 2020-12 BY: RG, EH, JR, JS, MU "The Chanhassen City Council approves the resolution approving a Metes and Bounds subdivision creating two lots single-family subject to the conditions of approval, And adopts the findings of fact and decision," SUMMARY OF REQUEST: Request for approval of a Metes and Bounds subdivision of 2.40 acres into two single-family lots in the Chaparral development. LOCATION: 901 Carver Beach Road APPLICANT: Mary Jane Brown Beach Road, LLC 790 Santa Vera Drive Chanhassen, MN 55317 (952) 201-2568 Jane.brown@bakertilly.com PRESENT ZONING: Planned Unit Development — Residential, PUD-R 2040 LAND USE PLAN: Residential Low Density ACREAGE: 2.4 acres DENSITY: 1.33 net units per acre. Level of City Discretion in Decision -Making: The city's discretion in approving or denying a subdivision is limited to whether or not the proposed subdivision meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the city must approve the subdivision. This is a quasi- judicial decision. PROPOSAL/SUMMARY The applicant is requesting approval of a Metes and Bounds subdivision of 2.40 acres into two single-family lots, creating one additional building site. APPLICABLE REGULATIONS Chapter 18, Subdivisions Chaparral Planned Unit Development — Residential, PUD-R 9�ZJN`o Metes and Bounds Subdivist • July 27, 2020 Page 2 BACKGROUND The house on the property was constructed in 1983. The majority of the parcel was created as part of the Chaparral subdivision which was approved on April 3, 1978 and November 20, 1978 - Approved rezoning to P-1 and Development Plan and plat for Phase I, 95 single-family units north of Kerber Boulevard. The Carver Beach plat was approved in 1927. SITE CONSTRAINTS Bluff Creek Corridor This property is not located within the Bluff Creek Overlay District. The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of careful site design and other low -impact practices. by the-BlilfflCg Tc"Ouesl ict. Section 20-1255 of the Chanhassen City Code requires a conMrional use permit for all development within the Bluff Creek Corridor. Wetland Protection There is a wetland located on the property. The proposed development will not impact this wetland. A wetland delineation was done for the property. The wetland on the property is classified as Manage 3. This means that required wetland buffer is 16.5-feet wide and the required buffer setback is 15-feet for accessory structures and 30-feet for principal structures. Retaining walls and fences must be located outside of the wetland buffer. Bluff Protection There are no bluffs on the property. Shoreland Management The property is not located within a shoreland protection district. Floodnlain Overlay This property is not within a floodplain. Metes and Bounds SuAion • July 27, 2020 Page 3 SUBDIVISION REVIEW The applicant is requesting a metes and bounds subdivision to create two lots. - 1 • 1; r 1 Y r --• PARCEL' A .r POW auntwwaats•w�w�w� GRADING, DRAINAGE & EROSION CONTROL The applicant is proposing minimal grading for the proposed house on Parcel A. The preliminary grading plans indicate that drainage will be routed away from the proposed new housing pad on Parcel A. The provided grading plan does indicate that grading will be occurring across property lines on Parcel B. A temporary construction easement or right of entry easement will be required prior to grading operations being conducted. However, as this report will discuss under "Retaining Walls", this may not be required if subsequent conditions are approved. Any additional comments regarding grading will be provided during building permit submittals. Erosion Prevention and Sediment Control The proposed development will trigger Rule C-EPSC, Rule D-Wetland and Creek Buffers, and Rule J-Stormwater Management, for the Riley, Purgatory, Bluff Creek Watershed District. This will need to go before the Board of Managers for approval. All erosion control shall be installed and inspected prior to initiation of site grading activities. Metes and Bounds Subdivisi�i • July 27, 2020 Page 4 Retaining Walls The applicant is proposing the construction of three retaining walls on Parcel A, two of which are illustrated at exactly four feet in height. If any retaining wall exceeds four feet in height, plans prepared by a registered engineer or landscape architect shall be submitted with the building permit for review and approval. This measurement is from the top of wall to the bottom of the foundation. One retaining wall, located on the southeast comer of the proposed house, will extend into the required drainage and utility easement previously discussed under "Easements". Fixed structures, such as retaining walls, shall not be located within drainage and utility easements. If the condition is approved requiring side lot drainage and utility easements along all property lines, this will require either an adjustment to the retaining wall design or proposed grading plan, or, the relocation of the house to the west. STORMWATER MANAGEMENT Article VII, Chapter 19 of City Code describes the required storm water management development standards. Section 19-141 states that "these development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout of site plans, subdivisions and water management features." This site lies within the boundaries of the Riley Purgatory Bluff Creek Watershed District, RPBCWD, and is subject to their stormwater management requirements. Section 4-30 of City Code sets out the fees associated with surface water management. A water quality and water quantity fee are collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that the more intense the development type, the greater the degradation of surface water. With all subdivisions, stormwater utility connection fees are collected. Fees are used to maintain storm sewer in&astructure and to construct water quality improvement projects. SURFACE WATER DEVE LOPN ENT EFE AREA PERACRE}FE ACRFS FEE GROSS AREA S8,490 2.0494 S 17,399.41 W ErIAND AND POND $8,490 0.895 $ 7,598.55) S8.490 S S8,490 S S8,490 S - S8,490 $ NEr AREA 1.1544 S 9 00A6 RIGHT-OF-WAY, STREETS AND EASEMENTS The applicant is proposing to record atypical drainage and utility easements (D&U) around both Parcel A and Parcel B. Per City Ordinance, standard D&U's are located on side, rear and front lot lines. While Parcel B is proposed to have D&U's to this effect, Parcel A's lot lines are absent of D&U's in certain locations, particularly the lot line shared with Parcel B. Staff is requesting that both parcels adhere to typical D&U requirements conforming to City Ordinance, (Le. D&U's shall be located along each parcel's lot lines). The only difference from City Ordinance Metes and Bounds SuAion • July 27, 2020 Page 5 would be that the lots will have six foot side and rear yard D&U's (where applicable) as to remain in conformance with the surrounding neighborhood's D&U pattern approved upon original recording of the subdivision (Chaparral, 1978). The applicant is proposing to combine a lot (Lot 1303) with Parcel B with the recording of this proposed subdivision. When the original plat for the Chaparral subdivision was recorded back in 1978, the subdivision dedicated adequate right-of-way for Carver Beach Road to achieve a 50 foot width. While not up to today's right-of-way width standards, staff is requesting that the applicant enter into a right-of-way easement agreement to obtain a consistent right-of-way corridor for Carver Beach Road of 50 feet. This would require an easement 10 feet in width and 20 feet long along Parcel B's northeast property line abutting Carver Beach Road. Lastly, as the new property lines will be encumbered by D&U's, any approved encroachments, existing or proposed, associated with the subdivision shall be required to enter into an encroachment agreement. One such encroachment illustrated on the plans is an existing fence located on Parcel B. The plan specifies a proposed drainage & utility easement vacation. Vacations require a separate public hearing process; and as the original development review application did not indicate a request for vacation, the applicant will be required to file another development review application for the desired vacation. SANITARY SEWER AND WATER MAIN The newly proposed home on Parcel A will have access to adequate public sanitary sewer and water facilities within Carver Beach Road right-of-way. The plans illustrate new connections to the existing 8" PVC sanitary sewer main and the 18" DIP water main. However, city records indicate that during public project 75-02, sanitary sewer and water services were already stubbed to the property, see image below. Metes and Bounds Subdivisit July 27, 2020 Page 6 Figure 1-As-built from Project 75-02 Abutting 901 Carver Beach Road LANDSCAPING AND TREE PRESERVATION The applicant for the metes and bounds subdivision at 901 Carver Beach Road has submitted tree canopy coverage and preservation calculations. Calculations for the site are as follows: Total upland area (excluding wetlands) 1.15 ac. or 50,273 SF Baseline canopy coverage 90% or 45,246 SF Minimum canopy coverage required 55% or 27,650 SF Proposed tree preservation 65% or 33,119 SF The developer meets minimum canopy coverage for the site. A minimum of one tree is required to be planted in the front yard of the new home as required by ordinance. There are discrepancies in the tree inventory submitted. Inventory data is missing from the table and there are contradictions between trees listed as removed/saved in the table and trees shown as removed/saved on the survey. The applicant shall submit a corrected inventory and survey that also shows tree protection fencing to be installed around the entire site at the edge of the grading limits. The corrections should not move the calculations significantly in one direction or another. PARKS & RECREATION The quality and number of recreational facilities in a community directly contributes to its quality of life. For this reason, the City of Chanhassen places a strong emphasis on parks and open space. As Metes and Bounds SuAion • July 27, 2020 Page 7 the City of Chanhassen has developed and increased in population, more pressure and attention has been given to providing recreational opportunities for our residents. Increased leisure time, health awareness, greater mobility, and high disposable incomes have all contributed to the increased demand for recreational activities. The challenge of the next century will be to provide facilities for a growing and diverse population. Parks can be defined as public areas that provide active or passive -oriented recreational facilities. A significant characteristic of parkland is its accessibility to its users. Open space is any parcel that is not used for buildings or other structures and is left in a natural state. Parks and open space perform diverse functions such as: meeting physical and psychological needs, enhancing and protecting the resource base, enhancing real estate values, and providing a positive impact on economic development. Parks The goal of neighborhood parks is to provide informal recreational opportunities close to where people live. Chanhassen operates under the standard that all residents should be within walking distance, or a half mile, of a neighborhood park. The proposed development is located within mile of Meadow Green Park and Carver Beach Playground Park. Trails The city's goal is to maintain a comprehensive and easily navigable trail and sidewalk system that connects neighborhoods to park and recreation facilities, schools, community destinations and other communities. No additional trails are required of this development. Park and Trail Conditions of Approval Park Dedication Fees shall be collected at the rate enforced upon the date of approval for the new single-family lot. The 2020 Park Dedication fee is $5,800 per single family lot. MISCELLANEOUS The applicant shall provide soils reports as part of the building permit application. Any retaining walls proposed with the site development must receive appropriate city permits. PERMITS At this time, staff has determined that the developer must contact the following agencies for permits: a) Riley -Purgatory -Bluff Creek Watershed District b) City of Chanhassen for building permits Metes and Bounds Subdivist July 27, 2020 Page 8 COMPLIANCE TABLE Area ft.) Width ft. Depth ft. Hard Cover %/ sq. R Notes Code 10,000 80 120 30* / 3,000 A 89,270 240 290 301/o max 2.05 acres B 15,069 97 154 17.2 0.35 ac., costing house Total 104,339 2.4 ac. acres Setbacks: Front - 30 ft., Side - 10 ft., Rear - 10 ft., Wetland - 16.5 foot buffer, 30 foot buffer setback. Hard cover is averaged over the entire Chaparral development. Water and sewer partial hookups are due at the time of recording of the subdivision. The partial hookup fees will be assessed at the rate in effect at that time. The remaining partial hookups fees are due with the building permit. Based on the proposal, the following fees will be collected prior to recording of the subdivision: a) Surface Water Development Fee: $9,800.86 b) Park Dedication Fee: $5,800.00 Staff recommends approval of the metes and bounds subdivision creating two single-family lots, plans prepared by Premier Land Surveying, LLC, dated July 1, 2020, subject to the following conditions: Engineering: 1. The applicant shall update the parcels description to adhere to six (6) foot side and rear yard drainage and utility easements (as applicable) and ten (10) foot front yard drainage and utility easements on both Parcel A and Parcel B prior to recording of the subdivision. 2. The property owner of Parcel B shall enter into an encroachment agreement for the existing fence within the newly created drainage and utility easement prior to recording of the subdivision. 3. The applicant shall enter into a right-of-way easement agreement with the city to obtain a consistent 50-foot right-of-way corridor along Carver Beach Road prior to recording of the subdivision. 4. Retaining walls shall not be constructed within drainage and utility easements. Metes and Bounds Subdition July 27, 2020 Page 9 5. The development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation. For 2020 they total $15,600.86 and are enumerated as such: a. Surface Water Development Fee: $9,800.86 b. Park Dedication Fee: $5,800.00 Environmental Resources: 1. Tree preservation fencing must be installed at the edge of grading limits prior to any construction activities. 2. The applicant shall submit a corrected inventory and survey that also shows tree protection fencing to be installed around the entire site at the edge of the grading limits. Parks & Recreation: 1. Park dedication fees in the amount of $5,800 shall be paid prior to recording the subdivision. Water Resources: 1. Retaining walls and fences must be located outside of the wetland buffer. 2. A surface water management fee in the amount of $9,800.86 shall be paid prior to recording the subdivision. 3. The proposed development will trigger Rule C-EPSC, Rule D-Wetland and Creek Buffers, and Rule J-Stormwater Management, for the Riley, Purgatory, Bluff Creek Watershed District and must receive a permit from them. And adoption of the Findings of Fact and Decision. ATTACHMENTS 1. Findings of Fact and Decision. 2. Resolution 3. Development Review Application. 4. Minor Subdivision plan prepared by Premier Land Surveying, LLC, dated 07/01 /20 5. Site Plan prepared by Premier Land Surveying, LLC, dated 07/01/20 6. Tree Replacement Calculation prepared by Premier Land Surveying, LLC, dated 07/09/20 7. Affidavit Public Hearing Notice and Mailing List. gAp1an12020 planning cases120-12 901 carver beach rd metes and bounds sub\staff report 901 carver beach metes and bounds.docs • CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on July 16, 2020, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public hearing to consider a request for approval of a Metes and Bounds subdivision of 2.40 acres into two single-family lots in the Chaparral development (901 Carver Beach Road); Zoned Planned Unit Development -Residential (PUD-R), Planning Case File No. 2020-12 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. /1M 1 i I 1 t A n 11 l� ..---- Kim T. Meuwissen, Deputy1C Jerk Subscribed and s to before me this, day ofom 2020. Notary Public (Seal) Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Monday, July 27, 2020 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. The purpose of this hearing is to consider a request for Proposal: approval of a Metes and Bounds subdivision of 2.40 acres into two single-family lots in the Chaparral development. Zoned Planned Unit Development -Residential (PUD-R). Applicant: Mary Jane Brown, Member Beach Road LLC Property 901 Carver Beach Road Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Mayor will lead the public hearing through the following What Happens steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the City Council discusses the project. If you'd like to see the plans before the meeting, please visit the city's project web page at: www.ci.chanhassen.mn.us/2020-12. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at baenerous0ci.chanhassen.ril or Comments: by phone at 952-227-1131. If you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the City Council, The staff report for this Item will be available online on the project website listed above the Thursday prior to the City Council meeting. NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign u I City Review Procedure: • Subdivision$. Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Razonirgs, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of fine application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommentlation. These reports are available by request At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the Public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or Partly the Planning Commission's recommentlation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and lard use amendments from residential to commercial4ndustrial. • Minnesota State Statute 519.99 requires all applications to W processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersontrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s) • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council, If you wish to have something to be included in the reporl, please contact the Planning Staff person named on the notification. Date & Time: Monday, July 27, 2020 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. The purpose of this hearing is to consider a request for approval of a Metes and Bounds subdivision of 2.40 acres Proposal, into two single-family lots in the Chaparral development. Zoned Planned Unit Development -Residential (PUD-R). Applicant: Mary Jane Brown, Member Beach Road, LLC Property 901 Carver Beach Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, Mayor will lead the public hearing through the following What Happens at steps: the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the City Council discusses the project. If you'd like'to see the plans before the meeting, please visit the city's project web page at: www.ci.chanhassen.mn.us/2020-12. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at bgenerous(cDci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written Comments: comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the City Council. The staff report for this item will be available online on the project website listed above the Thursday prior to tie Council meeting. NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City R•vlew Procedure: • Subdivisions. Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all Property within 500 feel of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview o/ the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council, The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/induslrial. • Minnesota State Statute 519.99 requires all applications to be processed within 6O days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available fo review the project with any interested personts). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken antl any conespondence regarding the application will be included in the report to the City Councilgym wish jo have something to be included in the report, lease contact the Planning Stag person named on the notification. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City tices not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data providetl. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, stale and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City tices not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City tices not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes W6.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and exprIgly waives all claims, and agrees to defend, indemnify, and hold harmless the City frand all claims brought by User, its employees or agents, or third parties which anlW of the user's access or use of data provided. ((TAX NAMEa ((TAX_ADD_L1)> «TAX ADD L2» ((Next Record)l((TAX_NAME» (JAX_ADD_1-1), ((T,WADD_L2)> PIN TAX —NAME TAX_ADD_Ll TAX_ADD_L2 SITEADD 252000490 THOMAS BOARDER 1001 CARVER BEACH RD CHANHASSEN, MN 55317-9529 1001 CARVER BEACH RD 251601170 MICHAEL FRANCIS 2600 ARROWHEAD LN CHANHASSEN, MN 55317-4620 841 CARVER BEACH RD 251601260 BRUCE D KOEHNEN 5810 DIVISION ST EXCELSIOR, MN 55331-3202 6850 NEZ PERCE DR 252000050 BRENT A BAUER 6000 WYNGATE LN MINNETONKA, MN 55345-6557 950 PENAMINT CT 251601290 JOSEPH ALVAREZ & YUEFEN DENG 6402 TIMBER RDG EDINA, MN 55439 6830 YUMA DR 251600760 JUDITH CARLSON 6690 NEZ PERCE DR CHANHASSEN, MN 55317-9564 6690 NEZ PERCE DR 251600900 DEAN M HAGGARD 6710 HOPI RD CHANHASSEN, MN 55317 6710 HOPI RD 251600920 PRAKASH VENUGOPAL 6711 NEZ PERCE DR CHANHASSEN, MN 55317-9206 6711 NEZ PERCE DR 251600910 MICHAEL A & ROBBIE WOITALLA 6712 HOPI RD CHANHASSEN, MN 55317-9427 6712 HOPI RD 251600930 GARY JOHN OTTERDAHL 6715 NEZ PERCE DR CHANHASSEN, MN 55317-9206 6715 NEZ PERCE DR 251600880 ANDREW A BORASH 6725 NEZ PERCE DR CHANHASSEN, MN 55317-9206 6725 NEZ PERCE DR 251601150 KENNETH JEROME LUCAS 6735 NEZ PERCE DR CHANHASSEN, MN 55317-9207 6735 NEZ PERCE DR 252000360 TIMOTHY D & CHARLOTTE SAVALOJA 6770 PENAMINT LN CHANHASSEN, MN 55317-9215 6770 PENAMINT LN 252000020 FOURCO LLC 6771 PENAMINT LN CHANHASSEN, MN 55317-9216 6771 PENAMINT LN 252000370 NATHAN SERVEY 6780 PENAMINT LN CHANHASSEN, MN 55317 6780 PENAMINT LN 251601190 DANIEL S & SUSAN L DEGOLIER 6780 YUMA DR CHANHASSEN, MN 55317-9541 6780 YUMA DR 252000030 RAY E & MARY L MIKKONEN 6781 PENAMINT LN CHANHASSEN, MN 55317-9216 6781 PENAMINT LN 252000380 JOEL SUITER 6790 PENAMINT LN CHANHASSEN, MN 55317-9215 6790 PENAMINT LN 252000390 JOHN C BROICH 6800 PENAMINT LN CHANHASSEN, MN 55317-9217 6800 PENAMINT LN 251601280 LUIS YANEZ 6800 YUMA DR CHANHASSEN, MN 55317-9541 6800 YUMA DR 252000400 BRUCE 1 SCHULTZ 6820 PENAMINT LN CHANHASSEN, MN 55317-9217 6820 PENAMINT LN 250600040 MARK E BUCHSTABER 6853 NEZ PERCE DR CHANHASSEN, MN 55317 6853 NEZ PERCE DR 251601330 MARK A STEINE 6865 NEZ PERCE DR CHANHASSEN, MN 55317 6865 NEZ PERCE DR 251601310 KIMBERLEY ROSE MURPHY-WARNER 6870 NEZ PERCE DR CHANHASSEN, MN 55317-9208 6870 NEZ PERCE DR 251601320 LUCAS M WOITALLA 6871 NEZ PERCE DR CHANHASSEN, MN 55317-9209 6871 NEZ PERCE DR 251601700 JAMES J KNOP & ELIZABETH L KNOP REV TRST 6880 NEZ PERCE DR CHANHASSEN, MN 55317 6880 NEZ PERCE DR 251601710 JANICE H TAYLOR 6890 NEZ PERCE DR CHANHASSEN, MN 55317-9208 6890 NEZ PERCE DR 251600680 JEFFREY W & MARY L BORNS 7199 FRONTIER TRL CHANHASSEN, MN 55317-9605 961 WESTERN DR 251601210 MARTIN P & AMY E JENSEN 770 CREE DR CHANHASSEN, MN 55317-9464 770 CREE DR 251600970 ZACHARY 1 SCHROEDER 790 CARVER BEACH RD CHANHASSEN, MN 55317 790 CARVER BEACH RD 252000010 BEACH ROAD LLC 790 SANTA VERA DR CHANHASSEN, MN 55317 901 CARVER BEACH RD 251601200 MALENE HOUMAAE TRUST 795 CARVER BEACH RD CHANHASSEN, MN 55317 795 CARVER BEACH RD 251600950 DOUGLAS A & MARTHA M WALL 800 CARVER BEACH RD CHANHASSEN, MN 55317-9432 800 CARVER BEACH RD 250600030 STEVEN J & JOAN M CRONSON 801 CREE DR CHANHASSEN, MN 55317-9599 801 CREE DR 251601350 DWIGHT E IMKER 810 PONDEROSA DR No. B CHANHASSEN, MN 55317-9562 810 PONDEROSA DR • 251601270 ALLISON ALSTRIN 251601750 MICHAEL DAVID BETHKE 251601360 LEE 1 & DEBORAH R PILLATZKI JT REV LIV T 250600020 TERRANCE & ELIZABETH MATTESON 251601180 JUDITH L RAYMOND 251601781 MICHAELJOHN SHOBERG 251600890 BRYAN ANDERSON 251601160 FRANKLIN D & VICTORIA Y ERNST JT REV LIV 251601720 JACK PETER LENSEGRAV 251600770 JOINT TRUST AGREEMENT OF GARY & JACQUELI • 251600710 RYAN TIEVA 252000280 DAVID R & ANN L MARSH 251601140 JENNIFER D MAATMAN 251600780 KENT & MARY BRAUN 252000110 BRYAN & CAROL MCGOVERN 252000120 KATHRYN PETRICK 252000100 JAMES J & AMY L DEBLOCK 252000090 LEROY & WANDA BITELER 252000130 NANCY JEAN NORTH 251600701 SEAN P O'HAGAN 252000080 NICHOLAS M JOHNSON 251600860 MARK S ARNOLD TRUST 252000140 ELEANOR K DOBBINS 251600700 SERAFIMA & PAVEL GORLOV • 252000070 JAMES M & TAMARA ENGESETHER 252000150 RICHARD D & DEBRA K LARSON 252000060 ANNE MOSTAD 252000160 DEAN M & LAURA L BIRD 251600690 DENNIS W SCHILLING 251600870 WALFORD A SCHWAB 252000170 JOEY A FLOE 251600850 JOSHUA HANIG 252000040 M KEITH & JAYNE M MOODY 252000180 MATTHEW L BRODAHL 251600840 ROBERT B NELSEN 251600820 THOMAS 1R & HILDA REDWING 820 IMPERIAL DR 825 PONDEROSA DR 830 PONDEROSA DR 833 CREE DR 834 CREE DR 834 LONE EAGLE DR 840 CARVER BEACH RD 840 CREE DR 845 PONDEROSA DR 860 HIAWATHA DR 881 WESTERN DR 890 NEZ PERCE CT 895 CARVER BEACH RD 900 HIAWATHA DR 900 PENAMINT CT 901 PENAMINT CT 902 PENAMINT CT 910 PENAMINT CT 911 PENAMINT CT 920 HIAWATHA DR 920 PENAMINT CT 921 HIAWATHA DR 921 PENAMINT CT 921 WESTERN DR 930 PENAMINT CT 931 PENAMINT CT 940 PENAMINT CT 941 PENAMINT CT 941 WESTERN DR 950 CARVER BEACH RD 951 PENAMINT CT 960 CARVER BEACH RD 960 PENAMINT CT 961 PENAMINT CT 970 CARVER BEACH RD 990 CARVER BEACH RD CHANHASSEN, MN 55317-9418 CHANHASSEN, MN 55317-9562 CHANHASSEN, MN 55317-9562 CHANHASSEN, MN 55317-9599 CHANHASSEN, MN 55317-9599 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317-9599 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317- CHANHASSEN, MN 55317-9597 CHANHASSEN, MN 55317-9102 CHANHASSEN, MN 55317-9420 CHANHASSEN, MN 55317-9532 CHANHASSEN, MN 55317-9598 CHANHASSEN, MN 55317-9598 CHANHASSEN, MN 55317-9598 CHANHASSEN, MN 55317-9598 CHANHASSEN, MN 55317-9598 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317-9598 CHANHASSEN, MN 55317-9532 CHANHASSEN, MN 55317-9598 CHANHASSEN, MN 55317-9556 CHANHASSEN, MN 55317-9598 CHANHASSEN, MN 55317-9598 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317-9598 CHANHASSEN, MN 55317-9556 CHANHASSEN, MN 55317-8572 CHANHASSEN, MN 55317-9598 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317-9598 CHANHASSEN, MN 55317-9598 CHANHASSEN, MN 55317-8572 CHANHASSEN, MN 55317-8572 820IMPERIAL DR 825 PONDEROSA DR 830 PONDEROSA DR 833 CREE DR 834 CREE DR 834 LONE EAGLE DR 840 CARVER BEACH RD 840 CREE DR 845 PONDEROSA DR 860 HIAWATHA DR 881 WESTERN DR 890 NEZ PERCE CT 895 CARVER BEACH RD 900 HIAWATHA DR 900 PENAMINT CT 901 PENAMINTCT 902 PENAMINT CT 910 PENAMINT CT 911 PENAMINT CT 920 HIAWATHA DR 920 PENAMINT CT 921 HIAWATHA DR 921 PENAMINT CT 921 WESTERN DR 930 PENAMINT CT 931 PENAMINT CT 940 PENAMINT CT 941 PENAMINT CT 941 WESTERN DR 950 CARVER BEACH RD 951 PENAMINT CT 960 CARVER BEACH RD 960 PENAMINT CT 961 PENAMINT CT 970 CARVER BEACH RD 990 CARVER BEACH RD 251600730 DAVID POOLE 251600830 PETER M KINN 250600010 THOMAS OPITZ 991 WESTERN DR PO BOX 336 PO BOX 872 CHANHASSEN, MN 55317 EXCELSIOR, MN 55331-0336 CHANHASSEN, MN 55317-0872 991 WESTERN DR 980 CARVER BEACH RD 6801 NEZ PERCE DR • 0 Affidavit of Publication Southwest News Media State of Minnesota) )SS. ANHASS CARVTY ER&HENNEPIN County of Carver ) COUNTIES NOTICE OF PUBLIC BEARING PLANNING CASE NO.2020-12 Laurie A. Hartmann, being duly sworn, on oath says that she is the General Manager the news - NOTICE IS HEREBY GIVEN papers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the thatthe Chanhassen City Council facts herein stated as follows: will hold a public hearing on Monday, July 27, 2020 at 7:00 (A) These newspapers have complied with the requirements constituting qualification as a legal p.m. in the Council Chambers newspaper, as provided by Minnesota Statute 331 A.02, 331A.07, and other applicable laws, as in Chanhassen City Hall, 7700 amended. Market Blvd. The purpose of this hearing is to consider a is Affidavit identified No. y 5 request for approval of a Metes printed public notice that attached to this and as B) The P and Bounds subdivision of 2.40 acres into two single-family lots was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of forproperty located at901 Carver the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both Beach Road in the Chaparral inclusive, and is hereby acknowledged as being the kind and size of type used in the composition development. Zoned Planned and publication of the Notice: Unit Development -Residential (PUD-R). Applicant: Mary Jane abcdefghijkhmmopgrstuvwxyz Brown, Member Beach Road, A plan showing the location of the proposal is available for public review on the city's Laurie A. Hartmann web site at wwwci.chanhassen. mn.us/2020-12 or at City Hall during regular business hours. All interested persons are invited Subscribed and swom before me on to attend this public hearing and express their opinions with respect to this pivposaL Robert Generous, AICP this ay of . 2020 Senior Planner Email: rgenerousCa _d ci.chanhassen.mn.us JYMME JEANNETTE BARK Phone: 952227-1131 (Published in the Chanhassen Q/ NOTARY PUBUC-MINNESOTA Pillager on Thursday, July 16. public MY COMMISSION EXPIRES 01131123 2020• No 48%) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... S31.20 per column inch Maximum rate allowed by law for the above matter ................................. S31.20 per column inch Rate actually charged for the above matter ............................................... $14.03 per column inch SCANNED CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2020-12 NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, July 27, 2020 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for approval of a Metes and Bounds subdivision of 2.40 acres into two single-family lots for property located at 901 Carver Beach Road in the Chaparral development. Zoned Planned Unit Development - Residential (PUD-R). Applicant: Mary Jane Brown, Member Beach Road, LLC. A plan showing the location of the proposal is available for public review on the city's web site at www.ci.chanhassen.mn.us/2020-12 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous Senior Planner Email: reenerous(dci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on July 16, 2020) ac NNEa gAp1an\2020 plaming crosi2042 901 carver beach rd metes and bomds s&ph notice to villager.dccx COMMUNITY DEVELOPMENT DE TMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 CITY OF CHMNSEN 0 Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: July 8, 2020 July 16, 2020 June 25, 2020 Contact: Contact Phone: Contact Email: Robert Generous, AICP 952-227-1131 benerous@ci.chanhassen.mn.us Senior Planner Planning Commission Date: City Council Date: 60-Day Review Period Deadline: N/A at 7:00 p.m. July 27, 2020 at 7:00 p.m. N/A Application: "REVISED PLANS" The purpose of this hearing is to consider a request for approval of a Metes and Bounds subdivision of 2.40 acres into two single-family lots for property located at 901 Carver Beach Road in the Chaparral development. Planning Case: 2020-12 Web Page: www.ci.chanhassen.mn.us/2020-12 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adiacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ❑ US Fish & Wildlife ❑ Eden Prairie ® Engineer ❑ Jackson Township ® Fire Marshal Watershed Districts: ❑ Minnetonka ® Forester ❑ Shorewood ® Park Director ❑ Carver County WMO ❑ Victoria ® Water Resources ❑ Lower MN River ❑ Law Enforcement ❑ Minnehaha Creek Adjacent Counties: ® Riley -Purgatory -Bluff Creek Carver County Agencies: ❑ HennepinUtilities: ❑ Scott ❑ Community Development ❑ Engineer ❑ Cable TV — Mediacom School Districts: ❑ Environmental Services ❑ Electric — Minnesota Valley ❑ Historical Society ❑ Electric —Xcel Energy ❑ Eastern Carver County 112 ❑ Parks ❑ Magellan Pipeline ❑ Minnetonka 276 ❑ Soil & Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ❑ Board of Water & Soil Resources Authority ❑ MN Landscape Arboretum ❑ Health ❑ Historical Society ❑ SouthWest Transit ❑ Natural Resources -Forestry ❑ TC&W Railroad ❑ Natural Resources -Hydrology ❑ Pollution Control +MNNNED ❑ Transportation _ Site Plan YMaB[ W 1W�aRa •� •� • CARVER BEACH ROAD � - for - Loel Brown 8 Jane Brown 0' ,,.a# le . —. Is." , moo � . 901 Carver Beach Road --_ ----�IIV66RIfER---__ CON TE SMI N 1.1993'E• - •afa9-E o; Chanhassen, MN 55317 ___ J1ELP_L _�_ps - e _ _., ;�° ^pgry g• CONCRETE SMEW" py q" EXISTING PROPERTY DESCRIPTION: Lot 1, BMck 1, CHAPARRAL, acconsi, In Me rem.ded plat IMnol. Carver County. A9nmsota. And also Lai 1303. CARVER BEACH, accoming In tlra recorded Plat thenaof, Carver County. Minnesate. PROPOSED PARCEL A DESCRIPTION: Lot 1, Block 1, CHAPARRAL, according to Me reco,deo phif thereof, Caner County Mainstay EXCEPT Vanden deacnhed i s Wows' Commenting et the NmMwest came, of said Lott Menc , South as degrees 31 minuses 20 seconds East. assumed Manng along Me North line of rest Lot 1, 153,00 feet fo Me point of Mgln anx, therm continuing South 88 degrees 31 minutes 20 seconds EaN, inking sad North Itm 67.00 feet to tin Northeast comera said Lot 1: theme South 01 degree 19 corrodes 45' East, N.37 fool, along Me eante0y line of rest Lot 1, oo an easterly comer of and Lot 1; Mens, South 20 degrees 50 minutes 07 seconds Wain _ II0.03�-5U-31 W-E I \J r _,3 1 EJO9iP/Q DRAMkNEA�11ilW'f,ASEMENf �__ - 1 ) ��'� n'~ � - r I a yin l •�-- _ _ _-r_'_ ,ate eJ _ � �g 1 I d' •aleR \ 1 H \ •i -I I 0 30 40 r___�___� F LL . � Z? ` I \ \I � 1 sae � +� CI \ - • \ II `\ \°` I \ o �' I I 1 SCALE W FEET W i \``\�� `.m\ �asaw sari A`s �` �• Z\ F \as.1. I 43 ie I 1 �. 1\ `. t �.. `, \ i!(-- -Y �`•l I 1 _ it �I 8 7• 1 1 . I ti w \ , �•�•••• - \E70ST/N0 I ! I u8 1 I PROP + \ ay i f= �. • T--� 1 91y�.. (:---�--��_�--- -.� OSED.f/OU�E__-. ry III •! (�q°�E E, 1 � a1 EXISTING 3 �•� \�� •kd6 ar `- le l.g I "---din--_� HOUSE 1 I his 78.98 feet thence North 72 depress 00 minutes 00 seconds West 41.00 /ref theme ------ Nod, Sin degrees 45 minutes 00 W. Went 40.00 fast Hence Nord 11 degrees 45 minuses 00 seconds East 65. DO feet, Men. Ni 01 degree 28 minutes 40 aecpgs East 66.DO neet to Me pant of beginning. PROPOSED PARCEL B DESCRIPTION: That part of Lot 1, Brock 1, CHAPARRAL, according to Me recorded plat thereof, Carver - - - - - - - CO#oty MinnesoLa, descdDed as Ulmer \ Commencing at Me NOMwest comer of said Lot 1: thence South 88 degrees 31 mindlea 20 seconds East. assumed bearing inking Me Nord line amst Lot 1, 153.00 feel to Me Mail of beginning, thence continuing South 88 M9rees 31 minutes 20 Wounds, East a" cast North Me 87,DO feel no Me flunha ol comer of said Lre 1; dime SaM 01 degree 19 minutes 45-East, along the dinned, line of add Lot 1, fo an sealed, came a and Let 1; Mance South 20 degrees Sa mdulea 07 seconds Went 711 M1et thence NhM 72 degrees 00 .,.,as 00 seconds West 41 W feet Menm North 54 degrees 45 handle. DO do West 40.00 feet Mere North 11 degrees 45 nitrates 00 seconds East as DO / l; Mere With 01 Mg ee 28 handle. 40 mconds Eel as DO feel oo Me pointofbearning. And ald a9 a Lot 1303, CARVER BEACH, according to the re.ordedplal fherea/, Curer County, Minnesota. Ingather win Me fuldwing Permanent easements for drainage and utility proposes; the weslmly and souered, LOW feet of Pace) B. And also that part add assfeM 10 001ea of Parcol B tying southerly of a Brie drawn paregel with ad, dintanl 5 M ken northerly of the southerly one assail Lot IW3, and Its wanted,esheradon. And sled Me southerly and eaalady 5.DO feet of nest Lot 1303 Anil also the nomamy 10.00 feet of sad Lot 1303. PROPOSED DRAINAGE d UTILITY EASEMENT VACATION A slop a kid 6.DO Met in width one, Met part of Lot 1, Block 1. CHAPARRAL, accom a, to tin recorded plat Maeot Carver County, Minnesota tin easterly line of which is coaguooa with the ..lady line of Lot 1303, CARVER BEACH, accading tin the heorded plat thereof an sad County Said said of Land is to edend by its hall width from a one drawn para9el with and distant 10.DO Mannerly of mrtMrly one of ust Lot 1, to a line drawn parallel with and distant 5001ea rnaMwdy of tin acufhady Me of said La 7303 and 0s wentedy extension. LEGEND A saner Cmtid Pdnl FwrM Iron Monument 0 la-X 14'rvbar malted with cap mhM122703 to be eel O Sanitary Mardote -a-- Sanilan Sawer --- Eiden, Corona, Line M Ware, VeNe K10DIX EyMrW Ek.don pODDD() Pmpored Elevation ---- Preposed Conned, Doec9on aSadxre Oranage REVISED: O7N8'20 - PROPOSED GRADES, RET. WALLS I hereby codgy Mat Mis suety wee prepared Dy me wander my direct supeMsbn and Mat tam a May b"censdd Professional Land Surveund er der Id, laws am. State of Minnesota. A9 r.22703 07MI&O SY/M V ken LILWINNo. Ogle �r sai-weA II \ ass : adr T\ de Ie L__7 (E951 1 wasse �I 1 ; �t 1 �\ •� 'xews#, 3 1 \\y y t � I/ \ I -___ 1 .t ■■ 1 1 ilk 1 . • : ` - 1 1 :�Lr sew.0 a 1 w.i\ \\`\ ``�. _ p -vim _ t>d I Let' \ 't•\ ` �i� ` ` `'� � \ _ ___\ \ •L`` tl `♦ 8 �•2I \` - � `\�/ 7 __- has .I •� \ O \ - --/col--'_�` \ \ \\ ♦1 �` Vol v!►,, "'�.\N.•e%� RROV�E `SI-T E; ��-`` �%�/ill _---__ �,•_- '-�- �7� \ ��1`,N a8ro1Z8•W �= `c�i-�...,P�It C1T�'��FS• S,:yy��` \ _ \ -� J� / �-\ -__- --- `. II ''a \\ \ • __ I3 �\ '`•.,`xuP �� ,•%•`�\\��`` ��;#\ate 7 ..o:�,'' -_--------------- ��s3 �,> PA -CEL It --------- DELINEATED WETLAND BY \\ \` %,ft, ��3y+ ,_ ----` rr \ `\ ` Z JACOBSON ENVIRONMENTAL \ �...... „�,\\ I ` \\ \♦\ `♦ \\ N 4117120 \ •y \ - 1 `� \ \ \ �' PARCEL B IMPERVIOUS COVERAGE: EXISTING HOUSE: 1,532 S.F. DRIVEWAY.. 608 S.F. STORAGE SHED: 96 S.F. DECK: 358 S.F. TOTAL IMPERVIOUS: Z594 S.F. LOT AREA: 15,069 S.F- IMPERVIOUS COVERAGE: 17.2 % PROD 91752.00 REUN•�, ---- _____ I \ =I••`�- \ ) 11yaI \ \ \ ` 4 \\ `\ `\\ S •O m ;!' ` \ `"\ ---- - EXISTING DRAINAGEAND UTILITY EASEMENT POND "r ` \ ELEVATION ON 03131120 = 997.4 (NAVD88) AREAS: E)OSTING LOT I: 1041.= s.F PROPOSED HOUSE ELEVATIONS: PROPOSEDPARCELA' 89,27OSF- TOP OF FOUNDATION: ion PROPOSED PARCEL B: 15.089SF. GARAGE SLAB: 1025.5 WETUNdPOND AREA 38,997SF. BASEMENTIWALKOUP 1014.0 SOU7FyE'?l I,- EOPL0 77 I WREMIER LAND SURVEYING. LLC 160DArloonatum BM, Suite 2/3 Woods. Viciod#, MN 553/6 95214}30f0 Minor Subdivision CARVER BEACH ROAD f0.00 -for~ Loel Brown 8 Jane Brown --_ slotw N YD'IS'E• 901 Carver Beach RoadyEl�0 1 __--colic" -'- `� Chanhassen, MN 55317 --- ---- sdia--cllsro+'M•E r in" -- EWTXq ORA98t` - __ aa`' I 4kDOvTIUryA=MENr _ I �-II j ` IJ 11 , - � 1 -hye2a, -�� - •p I '- - � • EXISTING PROPERTY DESCRIPTION: .• $ _ x' \ 1 �E " 3 t 0 sa 4, Los 1, Block 1, CHAPARRAL, accord, to Me I recoiled Mal thereof, Carvef Count, Mlnoemta. OJ}� \ 3 r-__a.___7 . \ i - I �• ESSSIIII I 888 \ I• 1 1 SCALE IN FEET AM sus, Lot 1303. CARVER BEACH, according O \I \ ` _ a .L. ' - _es `>, \ �' I \ wR3 1 1 htheneendedidelthereol CamrCoun,Minnesota. i \ I \\`� 'x€ ♦ `.� u.n •`en_ H \ `1 �`e' I S 1 1 PROPOSED PARCEL A DESCRIPTION: `\ r.\ `\\\� -- • ,,. 'o' q s\ 8 1\LLI \\ pOS7NRY m ! I ^• 1 1 Lat, Bbek t, CHARIRRAL.eccodkprothe recorded Pht thereof career County. N ((-�__1�••\--'- PROPOSED HOUSE �' 'S i HOUSE • I�II`?� ...a ►__� EXISTING 1 Mnneaofa. IXCEPT Malpan described as /lbws: �u I'� ' "--- - \ /�( 1 9aa e (Will HOUSE Commencing sides Nonhweslcomerorseh Lot l: thence South BB sal msulas - g �\ �4_`C`� {�_� v , -7- I \ ass 1 1 I M seconds East. assamedetareg along Me Moth line otsnd Let 1.d15300 Meth Me i1 1 l��l-�` •L re s d � � Ewa / t fl I \ \\ ,M 5 1� F'e li $8 I' L__ (8951 pahl of beginan9: Meore condnuug SoosM1 BB degrees 31 minulea 20 aecorda Eeal, w f L. `_ 1 Ia `• ``I ` - - _ 8 . d e "�' Y' / \ \ ne" aloe dN rth I' ST00/ 1` ` .✓' I 1 g sa o one set to the NorthpBaf comer o/sad Let 1: Mence South 01 depme 19 minutes 45'Ead, 99.37 feet, along Me student Me of said Lot 1, M an essf ldy comer of uid Lot 1; thence South TO degrees 54 mMmes 07 seco,bs West 78.98hol,there. North 72 degrees 00 mined.. 00 sn.de West 41.00 Mal. Mence -------{,` Noah 54 degrees 45 people 00 seconds West 40.00 Mt Monte sloop 11 degrees 45 man des 00 seconds East 65A0 feel: Mence North 01 hegrea 28 minuo. 40 seconds 2 East 66.W MI to Me Plant of beginning PROPOSED PARCEL B DESCRIPTION. Ir That pan of Let 1, Block 1, CHAPARRAL, acm,dkV to Me rerorded Plat tlma o,, Carver - - - -- - - - _ Covey Minmsela, described as /Wows: Commencing al Me Nodhwesl comer ofaad Lot 1. thence South B8 degrees 31 mddes M secmds Eastassumed bearing akang Me North lees of sad Los 1. 1W..00 Met Me pant of beginning: IM1enre conpnumg Ssuth 88 degrees 31 mhlaes M aecords East abng said North Ime 87.W feet le the Northeast come, of and Los 1: Merear South 01 degree 19 minute. 45-East, along Me Balled, line of said Los 1, to an saver, semen of said Lot is th.ncs South 20 degrees 54 eur.fea 07 seconds West 78 98 Met Mence North 72 degrees W annuals 00 worries West 41.00 Mt: Means North 51 degrees 45 \ minutes 00 seconds West 4000 feet Mence North 11 degrees 45 minutes 00 seconds East 65.00 feel. thence North 01 degree 28 moues 40 secoMs Eel1.00 feel ro the poin(ofbeginnm9. t And alto all fLot 1303, CARVER BEACH, according ro the neeaded Met Mantel Career 4 County, Minnesota. Together lint Me fopowing pl,manent easements for drainage and Way Purposes: rv� The westerly and scMeny 10.00 Mal of Pe,cel B. And also Mal part of the eastmly 10.00 Mal of ps cal B Mog soulhedy of lore drawn parallel All desfad 5.00 Mel on thalyofMe seen.rly Noe of said Lot 1303, and Is olde #eery And also Me southerly and sa#eM 5.00 sell of ends Lot 1303 AM elm Me need" 10.00 Met Msaid Los 1303. PROPOSED DRAINAGE S UTILITY EASEMENT VACATION: A sale of land 6 00 MI in wdlh oeer Mal pert of Lot 1, Btock 1. CHAPARRAL. according he Me recorded pull thereof, carver County, Minnesota. Me asaleny Me of oral a pontyult- wall Me wsaftey Nee of Let 1303, CARVER BEACH, accodmg Me Me recorded plat thereof in sea County. Sad stop of land is to adend by as MII width Men a Me drawn pa,aNel wall ant distant 10.W mostly of Me,dnhe,ly Mal of aced Lot 1, to aline drawn parallel with ant distant 5.W MI Mal" of Ma southerly iw Meath Los 1303 and as westany eea. LEGEND G Sureey CanOd Pula Fond Man Momnmem 0 IjWX 14',ebar marked with rap number 22703 fo be sal O San3ay Manhole -,- Send., Sawa, --- Erisfirq Contour Lee m Water Vetve )DOO(A Elesu, Ehrfasso % Y) Proposed Elavaaon P,opased Cool. Dwece'oi of Surface Orev,ege REVISED: 07NBr20- PROPOSED GRADES, RET WALLS I hweby cerdly Mat M s aureey was prepaM by me or under my direct mpemsion and Mal I an, a duty licensed Pmlessionsf Land Surveyor under Me laws of Me state o/MinneaoM. �•'"'^Y' �'� 21703 074l1R0 Stevan V. M Lips. No. Data YlCX I C k I ones I a �\ i k \` �`� \`-2`•C � \`__- ` { N 1-m - ,-a111..� 12[Q��-- •\�- ti ear � ' \ �\----- ` J `\ `•'\ \\ i �2I `\\ `\`_ �� r/ 1 _ •�_6f.eea�Yrrs� d11�Y1•E ` _ _ -� � I I OP y'` \-t*M•--=A'!,`.` `\ \\: {. �•' ``l yarn; - _ _-'/ IJI I \ `kb • ••••..... � � 4. PROVIDE SLLT PENCE M ;wpL / PER CITYSPECS. If XUP ----- ------ ---- _ `�• PAA EL -- --_ ----_A_ ` ``•�•�• ------ \� N- DELINEATED WETLAND BY \ \ %,%, -,y',- \ ice`, ----\I I \\ \\ \\ IxJACOBSON ENVIRONMENTAL \ ''�•.• \ ---- 4117120 Ise, PARCEL B IMPERVIOUS COVERAGE: EXISTING HOUSE.' 1,532 S.F. DRIVEWAY.- 608 S.F. STORAGE SHED: 96 S.F. DECK: 358 S.F. TOTAL IMPERVIOUS: Z594 S.F. LOTAREA: 15,069 S.F. IMPERVIOUS COVERAGE: 17.2 % PROD. N17a24h0 -- EXISTING DRAINAGEAND UTILITI'EASEMENTsks \�\ �`\�•� i `\ \ `\ \ \ ` A POND \ ELEVATION ON 03131120 = 997.4 \ (NAVD88) \ Y J II Y / O j 2 346.87 Nn yB••M SOUTyERCY /l , e (7NE l/ W pECpT a� AREAS: WREMIER IXIsnNG LOT 1: 1a.3w see PROPOSED HOUSE ELEVATIONS: PROPOSED PARCELR 0..270S.F. T13POFFOUNDATION ion // LAND SURVEYING. LLC PROPOSED PARCEL B: WET"AID,PONDAREA: 15.MsF. 3g997S.F. GARAGE S1A8: 1025.5 BASEMEN7TWALXOUr' 1014.0 _ - 1600Arbondm Blyd., Sub, 203 Ycloria, MN 55386 952-443d0f0 Tree Inventory Survey - for - Loel Brown & Jane Bown 901 Carver Beach Road Chanhassen, MN 55317 TREE INVENTORY BY SOIL INVESTIGATION 6 DESIGN, INC Area of Cmwn Percent ofAma ID Species DSH DandNon Square A. 48H EMI 12 10 150 1.25 4813 AM 10 0 135 f.13 4522 Sara 11 5 225 1.88 4524 AM 13 0 Dead 4663 AM 12 2 1S5 1.29 4662 Ash 10 2 97 0.81 4661 Ash 11 3 100 0.83 060 Ash 11 0 osad 4659 Earn /2 0 Deaf 465E AM 14 3 625 521 4657 Elm 14 3 400 3.33 465E Earn 14 B 628 523 4655 AM 39 4 900 7.50 4654 &ask 13 6 IIO 3.67 cherry 4653 AM 11 4 250 208 402 Elm 12 5 630 5.25 4651 HaokbanylD 1 910 7.50 am AM 11 5 850 5.42 4649 Elm 12 5 3D0 3.25 4648 AM 12 5 225 1.88 4.1 AM 12 4 225 1.88 4646 AM 12 4 260 2.17 4645 Earn 12 5 a1 3.51 4644 AM 10 4 120 1.00 4643 Bus EMer 10 a 150 115 4642 Bos Bake 12 6 420 3.50 4641 Ash 15 S 400 in 4SM AM 15 5 e00 5.00 Total 91506 n.22 EXISTING PROPERTY DESCRIPTION: Lot 1. Block 1, CHAPARRAL, Caner County, Minn96da. LEGEND A Sauey caeb Pahl e P aal Iran Monument U UYX 14"rebar marked wM sap number 22703 fo be an O Sensory Manhae -+- Saneary Sewer k Spa Elevation M water Valve C.IOu, Line • Live Oak I hereby cadify Mal Mrs survey was gepared by me or under my dare i supervision and that I am a duty kxnsed Pmfesskmal Land Surveyor under the/aws Of Me Slate of Mlnnes0le. ---- _ UMM ♦\ `I IL\ \\,3� �� ♦ R9 1p' R BEACH A N L6 O 1 1 I I I I - I I Y,•�• I I - -_ 4_ r HOUSEG 1 a E has r n$ _________ I c - n n I'. '.° } }eY L-- (895) I ao \` 52s,,,,>as ` \ ` 1. fe.., - �♦ ♦\ ♦ _-. .aa � ,�. 45° W \\ ♦\'� 1 -Oi[gf 1 I J I I `♦ _ ` 1 1 w `\ ` --- � sP II ♦ 4e ♦` � \ _,166.16--Nam__7 ♦♦ ` ♦\ 2 2 `\\ `♦_�``\� DRANApEANp \\ �` ♦\♦ `\ `\\ \\ i , ♦♦ `fie I'' Rear >« an- 4 set PROPOSED HOUSE x s, EXISTING `\ HOUSE I. \ \ \ \ ,♦�lUF_._6o°7---------------------- -- "�•� DELINATED WETLAND BY \ \-- '`•. '4y- \\-- _--- --\ } JACOBSON ENVIRONMENTAL \ �"" „� - \ ?�--- ---- - ------ �\ J \ - - -\ — -- -DRAINAGEAND UTILITY EASEMENT --"-- \ � \ `♦� `� 1 \\ \ POND %N AREAS: EXISTING LOT 1: PROPOSED PARCEL A: PROPOSED PARCEL B: ELEVATION ON 03131120 = 997.4 (NAVD88) 104,339 S.F. 91,257 S.F. 13,082 S.F. Sour HERCYL7A,E- OECO71 1 1 i / / 9 1 1 1 1 w 1 •rJ � `_I 1 I \ \ \ \\ \ Z LY` m \ PREMIER LAND SURVEYING, LLC Al Y. )�- n703 06/30 0 Slewn V. bNM IA'enae No. Oaf. PROD 91752-0 1600 A,CareWm Bled., SuOe 203 Ycmria, MN 55386 952-143J010 CITY OF CHANHASSEN • P O BOX 147 CHANHASSEN MN 55317 06/26/2020 3:30 PM Receipt No. 00442799 CLERK: ashleym PAYEE: Loel & Jane Brown 790 Santa Vera Drive Chanhassen MN 55317- 901 Carver Beach Road Planning Case 2020-12 ------------------ Subdivision ---------- 300.00 Sign Rent 200.00 Recording Fees 150.00 GIS List 237.00 Attorney Fee 450.00 Total Cash Check 5402 Change SC:ANNEED 1.337.00 0.00 1,337.00 0.00 0 Metes and Bounds Subdivision - 901 Carver Beach Road, Planning Case No. 2020-12 (BG) $0.00 Consolidate Lots $0.00 Lot Line Adjustment $300.00 Subdivision (Metes and Bounds) $0.00 Vacation $237.00 Property Owners List ($3.00 x 79) $0.00 Variance $200.00 Notification Sign $0.00 Deeds $450.00 Attorney's Fees $150.00 Recording Fees (3 Docs.) $1,337.00 TOTAL $1,337.00 Ck #5402 from Loel & Jane Brown $0.00 Balance Owed $0.00 Adjustment COMMUNITY DEVELOPMENT DEPARTMENTCITY OF C�1NgASSEN Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1100 / Fax: (952) 227-1110 r' APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: `e � a�� I � PC Date: CC Dater 1 j a V 60-Day Review Date: Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checldist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD)..................$750 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review (SPR) ❑ Administrative..................................................$100 ❑ Commercial/Industrial Districts`......................$500 Plus $10 per 1,000 square feet of building area: thousand square feet) Include number of existin employees: Include number of new employees: ❑ Residential Districts.........................................$500 Plus $5 per dwelling unit (_ units) 0 Notification Sign (City to install and remove) ..... 0 Subdivision (SUB) ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots .......................$600 + $15 per lot lots) 0 Metes & Bounds(2lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment ......................................... $150 ❑ Final Plat......................................................$700 50 for attorney casts)` (Includes escrow 'Additional escro4may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) ❑ Variance (VAR) ....................................................$200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. $200 0 Property Owners' List within 500' (city to generate after pre -application meeting) .................................................. $3 per address ( 79 addresses) 0 Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance ❑ Wetland Alteration Permit 0 Metes & Bounds Subdivision (3 does.) ❑ Easements (— easements) ❑ Deeds TOTAL FEE: $1,337.00 Description of Proposal: Property Address or Location: Section 2: Required Information 901 Carver Beach Rd, Chanhassen, MN 55317 Parcel #: 25.2000010 Legal Description: Section 02 Township 116 Range 023 Chaparral Lot 001 Block 001 Total Acreage: 2.40 Wetlands Present? ® Yes ❑ No Present Zoning: Planned Unit Development (PUD) Requested Zoning: Planned Unit Development (PUD) Present Land Use Designation: Residential Low Density Requested Land Use Designation: Residential Low Density Existing Use of Property: Single Family Residence ❑Check box if separate narrative is attached. SCANNED r L Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, 1, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Mary Jane Brown, Member Beach Road, LLC Contact: Jane Brown Address: 790 Santa Vera Dr Phone: (952 )201-2568 City/State/Zip: Chanhassen, MN 55317 Cell: (952) 201-2568 Email: jane.brown@bakertilly.com / mjbrown8990@gmail.com Fax: Signature. Ocw L i-r—Date: 6123/20 This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER ('If applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ❑ Property Owner Via: ❑� Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑� Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary forth fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM SUBMIT FORM Carver County ProPertY Tax D 600 East C Street, P.O. 69 Chaska, MN 5531HO69 (952) 36M910 • vnYw.c9.nrveFmn us FPrM hilehe Wavwdalb •tea •P4YYeuta v8e •91PupbarTa PM ne,,mder • Imo me.l..pe4 a yae nv 3umnlR+ Pmpob 10 f: 262000D10 T3 P, K ass 1 AV e309 Tupeye, BEACN ROw LLC 01fA415 290SANTA VERA DR CHANHASSEN MN SM12-9613 Ilb•h119u9hhllldirllllllnpl•P.lap.n.l•hPPirrgl REFUNDS? YNmey Ol Wpltla b me w Asllw nAnW bMu¢ yayapopNyy la. Rsdllro AaA o{We ebMrmf b arE MlprbAlHY. BM:11112p6 PRPry ABsa 901 C VER BEACH RD CHAN IASSEN MN 553174 Prepsly D..W.: SextV 02 TwrtWlp 118 qyM 023 C ARRALlM 001 Stich 001 AiiRrlmt OeM9: VISIT FEE RESAG 39.00 PARbOk SawYfRet Ea aw Markel Value: MAN 2W,a8 Sep Homestead Faclusim: 12,000 IOp00 1 Tmble Market Value: M,5w 2W 100 New Improvements/ F ,,VW E duwns: Pt fry ClaStilitaoon: M•HM Re, Red Gun PROPOSEDTAX 2 S3,18400 PROPERTY TAX STATEMENT Sup FVSt hark WPdue: 5`1512020 ill3 sanotm hen m.ea a,e: 1misrzozo 1.01" Tobi Terns Due trl 2020: 3 Tax DoW tt r Yw Pmpoly: Taw Point,Ywr. 2019 2020 1. Dee mb emwm m Fam MI PR b we 9you are elgbb ur apope0y to retu,M. ❑ 3.929.01 Fb by Augum 15. X Mk EmY tllxkad, you owe delnAumt rues ark are rat Hgbb. 2. Use taesB emounum Fam MlPlluaee8you ere eigble fora eparlal retin,i. e24igp y ip 3. Rope Wimtirtael:rWis 4. Qad6 Ml redlrz lxopeM Gaas A. ApbWWadm ii.1. credpa B. OMr CIMIW 5. pmptt'ft. M ft 3.2IISN 3.2IISM S329.0s 3.329.00 6. C y A. GRVER COIMTY W3,31 1,000.14 B.CORAILwTgRT' 278 "1 T. City w T. CITYOFCHANHARSEN SWIG e0E.38 8. Sub Gmerai Tu 9. SI Dirurct S00112EQum Cw ty A.VW Appmed levies 1.100M WAS B.Oma luullsubs 422.62 58298 E 10, SP )Te.i oee,cu A.Ma90 CaAce 17M 16,91 a. Mebo MoeplitoCmbd 1126 11.34 C. MNm TbmXDIVVSw 38.74 all O.0 Co CDA a.32 45W E. Narseed M92 41.e6 11. NO II to sn;I� laeMa burs miss 29.M 12. TaWpopsy to BNwa speciN as»vmems 3.2"0) 3.329.011 13. 3pesul Asse55,nents nMmst. Rncpe1: 33.00 Saw 33.0) 14. TOTAL PROPERTY TAX AM SPECIAL ASSESSMERTS 3.221Lw 3-9 ......... ............. ............ .. ....... .. V HALF PAYMENT STUB -PAYABLE 2020 .___... .......... ......__.... ........... _.... ....... _. Tom olive powem%w r31akw TMbM Pry,rtlt W.YMYI9abA aemtairinpeRtbt RFAlE Batl,TE VQxI A0oPF88COPPECIpI 04NRvs4PAAaaOo,rM PM3aahe. REV EA SEOF TH18 PAYYBR 8118 ProPr ID p9lty IDS: 252000010 TO AVOID PENALTY PAY ON OR BEFORE: 1N15r1000 SECOND 1/2 TAX AMOUNT DUE: 1,881.00 tk X Make checks payable to and remit to: BBI b /111705 aloo� C.O. BY County P.O. Box 69 � kI SEAM Row uc T8p SANTA vERA oR Chaska, MN 55318-0089 auwussEN ka ss3n-ee43 I.1411'II•II'441••D•Idl•11411hr1pyl.••IINIPh.l..lhn ` , �5. a,a..r.em.a.Pmrame.Arv.wwP,yPVo.a,wws nory„4 m,rA. Pe m Ira orh eve us var,.e aePnM. P9ae,4 r a W 02 2020 252000010 D00168100 1 ®��.aewNl.eaerkelaw.A tr.awPPUP. asspmalo.le Rr rslsasoamaraerh.a«.. F IP, PI w d w. ya, i b ePpe 4 Pa•iy a. e.a rrr.r 1" HALF PAYMENT STUB -PAYABLE 202D TOwY piNworRR.OoovvaPLw TM vie PPv4 W YwWb b.ansa.ar •vPNtbrt Vg1R NARESa�S.'llpl DIMawa [A oN 04 RIFVERSE SI of 11xs PArkENr ante PENALTYBE 70 AVOID PENALTY PAY ON Oil BEFORE: 9I15F2020 ON S party lE : PI9P9rtY 1Df: 252000010 1 1 FULL TAX AMOUNT: 3,362.00 E� FIRST V2 TAX AMOUNT DUE: 1,887.00 3, Bill f: 1111T05 Make checks payable to and remit to: k T SEAOi ROAD LLC Carver County �I 290 SANTA VERA DR P.O. 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Yew I.H: NDwgqL.Yn MAuxm flTwn .um.v 0 • 0 CARVER a BEACH \ [wrwurr rr v.ow rrut: ------ psq [,^wlnwrfN,Wnr Mwwn ,l id� dd Im, ar Mn� wi rM1�bl Frey I r. 1� . w..�i��/ w �1;d' E+ CHAPARRAL Prmmss Hann m mm arunnnobr„nr �� ^Dwlrc +m m+�erodrm-Wq : � Mmwh Jgdrvlm 1p 10915 �� 4 z5g1 h II J m GOINIIC ffNl wRR � AGfRMG./r.C. o E� • '� FirstAmerkan!ldt'M ALTA Commitment for Title Insurance SSUED BY First American Title Insurance Company Commitment COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE 125149-1180-0 IMPORTANT —READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I —Requirements; Schedule B, Part II —Exceptions; and the Commitment Conditions, First American Tide Insurance Company, a Nebraska Corporation (the 'Company), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I —Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. First American Title Insurance Company Dennis �J.,G,ilmoore, president Greg L. Smith, Secretary Countersigned by: Dennis J. Unger, Yce President Authorized Countersignature Land Title, Inc. Company Name Roseville MN City, State H thisjacket was created electronically, H constitutes an original document. This page is only a part of a 2016 ALTA* Commitment for Trfle Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule S, Part 1—Requirements; Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006.2016 American Land Title Assc clation. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000(1-31-17) Page 1 of 8 LT File No.: 614042 ALTA Commitment for Title Insurance (8-1-16) • COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The tens "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) 'Mortgage': A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy': Each contract of fide insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I —Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (a) Schedule B, Part I —Requirements; (f) Schedule B, Part II —Exceptions; and (g) a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I —Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part ll--Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) 9 the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 it the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (a) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part (— Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT This page is only apart of a 2016 ALTA® Commitment for Title Insurance issued by First American True Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions, Schedule A; Schedule B, Part 1—Requirements; Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any denvaflve thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000(1-31-17) Page 2 of 8 ALTA Commitment for Title Insurance (8-1-16) LT File No.: 614042 (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II —Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writng and authenticated by a person authorized by the Company. (I) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Tide at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at htto://www.alta.org/arbitrabon. This page is only apart of a 2016 ALW Commitment for Title Insuranceissued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part F--Requirements; Schedule 8, Part 4—Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Forth (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000(1-31-17) Page 3 of 8 ALTA Commitment for Title Insurance (8-1-16) LT File No.: 614042 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY Transaction Identification Data for reference only: Issuing Agent: Land Title, Inc. Issuing Office: 2200 County Road C West, Suite 2205, Roseville, MN 55113 Issuing Offce's Al Registry ID: Loan ID Number: Commitment Number: 614042 Issuing Office File Number: 614042 Property Address: 901 Carver Beach Road, Chanhassen, MN 55317 1. Commitment Date: May 7, 2020 at 7:00 am 2. Policy to be issued: (a) 2006 ALTAOO Owner's Policy (6-17-06) Proposed Insured: Beach Road LLC Proposed Policy Amount: $ (b) 2006 ALTA® Loan Policy Proposed Insured: Proposed Policy Amount: $ (c) ❑ ALTA® Policy Proposed Insured: Proposed Policy Amount: $ 3. The estate or interest in the Land described or referred to in this Commitment is FEE SIMPLE. 4. The Title is, at the Commitment Date, vested in: Beach RD LLC, a Minnesota limited liability company 5. The Land is described as follows: See Attached Exhibit A. Torrens Property Certificate of Title No(s): 40257.0 Carver County, State of Minnesota This page is only apart of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule B, Part 1—Requirements; Schedule B. Part It --Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000(1-31-17) Page 4 of 8 ALTA Commitment for Title Insurance (8-1-16) LT File No.: 614042 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY Commitment Number: 614042 EXHIBIT A Parcel A: Lot 1, Block 1, Chaparral, Carver County, Minnesota. And Parcel B: Lot 1303, Carver Beach, Carver County, Minnesota. Torrens Property This page is only a part of a 2016 AL TAe Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice: the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; Schedule B. Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form_ Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereol) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Ail other uses are prohibited. Reprinted under license from the American Land Title Association. Fomt 5030000 (1-31-17) Page 5 of 8 ALTA Commitment for Title Insurance (8-1-16) LT File No.: 614042 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY Commitment Number: 614042 SCHEDULE B, PART I Requirements All of the following Requirements must be met: A. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. B. Pay the agreed amount for the estate or interest to be insured. C. Pay the premiums, fees, and charges for the Policy to the Company. D. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. E. This is an Informational Commitment only. There are no requirements. This page is only apart of a 2016 ALTAO Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule B. Part I —Requirements; Schedule B, Part II —Exceptions: and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000(1-31-17) Page 6 of 8 ALTA Commitment for Title Insurance (8-1-16) LT File No: 614042 0 • ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY Commitment Number: 614042 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records, or attaching subsequent to the Commitment Date but prior to the date the Proposed Insured acquires for value the Title or Mortgage covered by this Commitment. NOTE: Upon closing with Land Title, Inc., Item 1 on Schedule B, Part II will be deleted. The Final Policy will extend coverage as to the gap between the Effective Date listed in Item 1 of Schedule A and the date of recording of the instruments creating the interest to be insured. 2. Rights or claims of parties in possession not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Easements or claims of easements, which are not shown by the public records. 5. Any lien or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the records. 7. General and special taxes and assessments as hereafter listed, if any (all amounts shown being exclusive of interest, penalties and costs). 8. No coverage is provided for municipal code compliance matters and fees including, but not limited to, utilities, right of way maintenance, water or sewer services, or fees for tree, weeds, grass, and snow or garbage removal, police boarding, vacant building registration and zoning. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice, the Commitment to Issue Policy, the Commitment Conditions; Schedule A: Schedule B. Part 1—Requirements; Schedule 8, Part IT-- Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is resMcted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the Amercan Land Title Association. Form 5030000(1-31-17) Page 7 of 8 ALTA Commitment for Title Insurance (8-1-16) LT File No.: 614042 • ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY Commitment Number: 614042 9. Tax I.D. No.: 25-2000010 Parcel A Taxes for the year 2020: $3,362.00, Total, are 1st 1/2 Paid, 2nd 1/2 Due, Base Tax: $3,329.00 (Homestead). Tax I.D. No.: 25-1601130 Parcel B Taxes for the year 2020: $30.00, Total, are 1st 1/2 Paid, 2nd 112 Paid, Base Tax: $30.00 (Homestead). NOTE: 1 st Half Taxes are payable on or before May 15th and 2nd Half Taxes are payable on or before October 15th. 10. Levied and pending special assessments, if any. 11. Drainage and utility easements over the subject property as shown on the recorded plat. 12. Excepting and reserving to the State of Minnesota, in trust of the taxing districts concerned, all mineral rights, as provided by law, by instrument filed November 6, 1987 as Document Number T54633. 13. Mortgage executed by Beach Rd, LLC, a Minnesota limited liability company, dated March 1, 2019, filed March 15, 2019 as Document Number T209196 in the amount of $232,800.00, in favor of Merchants Bank, National Association. (covers additional property) 14. Assignment of Rents by and between Beach Road, LLC, a Minnesota limited liability company, and Merchants Bank, National Association, dated March 1, 2019, filed March 15, 2019 as Document Number T209197. 15. Rights or claims of tenants, as tenants only, under unrecorded leases, if any. 16. If there are any questions regarding this Commitment, please contact Jon Edstrom at (651) 697-6127 or by email at jedstrom@LandTitlelnc.com. Please reference LT File No. 614042. This page is only a part of a 2016 AL TAP Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions, Schedule A; Schedule B, Part I —Requirements; Schedule S. Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5030000 (1-31-17) Page 8 of 8 ALTA Commitment for Title Insurance (8-1-16) LT File No.: 614042 M/noi Subd/v/S/on -/er- Loel Brown 901 Carver Beach Road Chanhassen, MN 55317 ,? Nr - EXISTING PROPERTY DESCRIPTION: I11.. 1.E ..L. EwMl.w.-. PROPOSED PARCEL A DESCRIPTION: Ld I, BM[h 1. CHAPARRAL, ec[wElnp b Me rmoNeeplet rMnpl Cem. LgrnM MAneede EXLEPrmel pee Mv[nMe ev IOMwv: eroLammenetlne NWnre+t [omxaleeM LM I: Menn Soum BB ..e 31 n minuM1. lss n.z1,1 M3 . E..L...umee o..nnp eknv rM Nmn xm d..mmos roa m me v.mt ole.pmda: m..m [omN.Mp soon ee e.pr... ]I mmw.+zp..00v.+. E..r, erom..a NOM xm erCO ro.r rp 5, RdlMe+l =m.. 'e, Ld I; men[e 1, or epn. 1p .1 Ar"11, c—m...vlMynn. ar e.a Lor 1.N enroll =.mel ones mn; rr.me soum vs e.aM1e+s. mwrm. w1 ]9 1.px MC mnc. NwM n e.pne. CO o0 =mee %hd1ocro.f m.om Nolm N eepten s mmeM1.., oo W =p.e. wed eR. M1.L m.m. Norm II mvr..e es ..mmwee..nm E.et 1.. k.L lMrc. NorM o+eepree ze mhme..1 ee Ee.r vo 1..1 ro me POMtorn.pmm.e. PROPOSED PARCEL B DESCRIPTION: Tq(pM.IL.I I. BbG 1. CNAMRRAI, N[delnp b Me nmeM pNl MerwL Garve/ Lounlr{ MNmede, esxMee e+bx.we. comm..dm.l me rronmM1d mm...nw Lot 1: m..m sown ee erom.. ]f mmws+IDn.xM+E.eL .eevm.e e.emv dxw m. N.iln x.. d..Ntd 1. I6Sro M1.rrormmmt.lry.dro; m.m. mnmvNp swnn ee eepree. ]I mimn.. za.e=.rte. E..r. e�.m.de OI Jspm rym/nulee.me-eEert. eMrp=IseenleM Netol eML.t I�ro eebeynmx MUMLd I: men.e Smnn JO rlvgrsss 5. mN.M1v ones Wedll.W pM1µ' men=ertNortn 51 eogne^45 m M. CO e ed.oav m.m. Nonn rr e-n.s mxvm.m IWs FedWMet.M10opm tB minury+b e.m. ee Eed ee.av re.t M m. P.mt we.pnd.v. tleeNo ewrw�er %rr.err I.rxur�rxr raelwM1rr PA/�� I q PDn%nuxouuo� IaNtu � I..._. Nou!! L-',' k, `�.�.e 1_ Ie Re • n. � I _ i a �r eI` •� 11 I�eI [\•F`.�--W aNurv_u _ 'ell ww�w ---- -]r - s ' \� --------- PARCEL ---- \ \ -- - rl _ .- OMIINOEANOYIELIY EASENENr--••-• `�� v POND �\ I ELEVATION ON 03431/30 = 997A (NAVDSS) �\ `� II w o aNrslrw PARCEL B IMPERVIOUS C012RA0E: ERrsrwOHousE SF e R- MR�Wleyel�yr DR MSF GEEHED S Mo.. I.Sp TOTAL MaVRVIOVB: ].6N 5 F LOTAREA: 1].M]$1 moe�ww// �mbYMen�rall�eer `. A�aavel�%WY� IYPEINId18 OOVEMOE: 101% •IFY/error Y-Y 11. )DW NONe 11 .Y)fW LIw+16 i✓ ellpl.nRN AREAS: rx "'1e.w sou /l IX15rWO LOT f' 101A]SSE n/ERLYLpE�LOrr /� us PRZoo...RCEL A: .12.1 S F PROPOSED M.E LS: "aaSF C( 7 Z W7 IMIELR Ireeleer.eeM1A. eliW MYi/!ee eamurx 6n Form Oo8 Appo.ed by The Auornry General STATE OF MINNESOTA DEPARTMENTOF REVENUE CONVEYANCE OF FORFErMD LANDS leaned Pureatant To Minnesota Statutes, Sectioae 28ZOI to 282.12 inclusive. THIS INDENTURE, Made this 30th day of October 198 het wtrn the State of Minnesota, m party of the Garet part, and PhiI112 R. C d of the County of Carver and State of Minnesota , party u( the second part, WITNESSETH: WHEREAS, the land hereinafter described, having been duly forfeited to the State of Minna la for the nonpayment of taxes, sues sold under the provisiom of Minnesota Statutea, Sections 282.01 to 2R2.12, inclusive, to the put y of the aecond part, and, WHEREAS, the aid part v of the second part has paid in full the purchase price of mid Land and he s otherwise fully complied with the conditions of mid sale and entitled to an appropriate conveyance thereof, NOW, THEREFORE, the State of Minnesota, pursuant to mid statutes, and in consideration of the premises, does hereby grant, bargain, sell and convey unto the' siid part �_ of the second part hra heirs and amigts,fdtever, the following described land lying and being in the County of Carver = r-. ?, and State of Minnesota, to -wit: T y O Lot One Thousand Three Hundred Three (1,303) Carver Beech, excepting and reserving to the said state, in trust for taxing districts concerned, all minerals and mineral rights, as provided by law, TO HAVE AND TO HOLD THE SAME, together with all the hereditamenii and appurtenances thereunlo belonging or in anywise appertaining, to the mid part Y_ of the second part, his hens and assigns, Forever. l6�deetktarxwilticlw}dnlena ltllivmrtaeyaasa IN TESTIMONY WHEREOF, the State of Minnesota has caused this deed to be executed in its name in the City of St. Paul, County of Ramey and State of Minnesota, the day and year lrat above written. In seance of: STATE OF MINNESOTA JOHN P. JAMES Co ear of Reyene< f1 STATE OF MINNESOTA ) BYs 1/\Wl k•a Curmty of Ramsey ) Ontlna 30th day of October ,19-21—, before me y<nsmaly aPpeared DENNIS J. ERNO, Asat . Commissioner of Revenue of the State of MixeeaAa, to me known to be the person who eaeculed the forepoiry mityryasce, in behalf or the State of Mtnnn°ta and acknowledged that he e,ecoted the vme u the free act and deed of mM date pursuant to the statute, in such nee made end proyided. Tlu, int., ,,>♦ nrafted by _ That eonaniaio,wr of rt. s . J S.. or Mlmaaa wwMwweNWwaMMM oapwtn.nt or Ravan,r FATRICU ZENTFS at.P W, U.. 561a5 IgTMr rla4le — WMEanrx RAIASEY COUNTY ,i ®w ctiwar+. wawa Ata. la to. 411111C. -- —OW POP-1- o { 1 -." No---Qk"%18 STATE DEED booed pursuant to Minnesota Statutes, Sections 282.01 to 282.12, Inclusive STATE OF MINNESOTA TO 3 i0 • A f1'ee for this (feed must be charged ag rustiest the Forfeited Tax Sale Fund. Minnesota Statutes, Section 282.09. Taxes paid by sale and trader entered thte.Z't—day, o..r A.al.. Taxes for the year —...._.__........ on the within described lands paid thin ._._------ day 19— By......... ewr. OFFICE OF REGISTER OF DEEDS STATE OF MINNESOTA I m. County of .......................... ( • I hereby certify that the within Deed was Not in this office for record on the ................day of......D. 19_._._, at..._.------- o'cloelt_.___..]1., and was duty recorded in Book._..__of Deeds, on patii err r n+ By - a•eeb. DWORTANT NOTICE TO BOTH AUDITOR AND PURCHASER: Check this dad earefultir for errors before recording. CLrreetlmn should be made before that time. Tax statements for the real property described ie ilea instrument should be sent to: Name: Phillip R. Cosserd Address: 901 Carver Beech Road Chanhassen, Minnesota 55317 Deed 7"1 4 1.65 Minnesota 6 D � 1F_��z ,., STAMP MOF �e7r ' <, TAX Five Dollar STATE MANDATED Ag Fee Paid 000,_ # T 546 3 3 �' G 2 Certificate Number /0 1 BOOR o- PAGE STATE OF MINNESOTA, 1 caunry e1 cu.. I OFFICE OF THE REGISTRAR OF TITLES Tnu is to corhfy that mu eotumamwn IIWIP tNa oaiw on ma 6 awe A al r a'abCL I.1. nnaaTllM OF TITLES �I a FY.n•MM�� F4.<j y0�N 4.. Ol • Document #: T209196 Date: 03-15-2019 Time: 01:48 PM Pages: 10 Cert # 40257.0 Filing Fee: $46.00 MRT: $535.44 Conservation Fee $5.00 Paid on 03-15-2019 County: Carver State: MN Requesting Party: METRO LEGAL SERVICES INC Kaaren Lewis Registrar of Titles MORTGAGE RECORDATION REQUESTED BY: Merchants Bank, National Association Winona Branch 102 E 3rd St PO Box 248 Winona, MN 55987-9977 WHEN RECORDED MAIL TO: Merchants Bank, National Association Winona Branch 102 E 3rd St PO Box 248 Winona, MN 55987-9977 MAXIMUM LIEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE MAXIMUM INDEBTEDNESS SECURED BY THIS MORTGAGE IS $232,800.00. THIS MORTGAGE dated March 1, 2019, is made and executed between Beach Rd, LLC, whose address is 790 Santa Vera Dr, Chanhassen, MN 55317-9643; as a Minnesota Limited Liability Company (referred to below as "Grantor') and Merchants Bank, National Association, whose address is 102 E 3rd St , PO Box 248, Winona, MN 55987-9977 (referred to below as "Lender'). GRANT OF MORTGAGE. For valuable consideration, Grantor mortgages and conveys to Lender, with power of sale, all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights): and all other rights, royalties, and profits relating to the real propeM, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Carver County, State of Minnesota: Lot 1303, Carver -Beach, according to the recorded plat thereof, Carver County, Minnesota. Lot 1, Block 1, Chaparral, according to the recorded plat thereof, Carver County, Minnesota. The Real Property or Its address is commonly known as 901 Carver Beach Rd, Chanhassen, MN 55317.8572. The Real Property tax identification number is 25-2000010, 25-1601130. CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, detemaned or undetermined, absolute or contingent, liquidated or unliquidated. whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantors right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. This shall constitute an actual and present assignment, provided that the Grantor shall have a license to collect but not prior to accrual, all of the Rents and to retain, use and enjoy the same unless and until an Event of Default as defined herein has occurred In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. Metro Legal Services EDIR ET 1303661 B 25801 2325095 MTG 664725 MORTGAGE Loan No: 16108140 (Continued) Page 2 FUTURE ADVANCES. In addition to the Note, this Mortgage secures an future advances made by Lender to Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Mortgage secures, in addition to the amounts specified in the Note, all future amounts Lander in its discretion may loan to Grantor, together with all interest thereon. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (0) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property, and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership Of the Property, there has been no use, generation, manufacture, storage, treatment, disposal. release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property: and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lenders purposes only and shall not be construed to mate any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantors due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity, defend, and hold harmless Lender against any and all claims, losses, liabilities. damages, penalties, and expenses, including attorneys' fees, consultants' fees, and costs which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantors ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnity and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lenders acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove. any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lenders prior written consent. Removal of improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lenders prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lenders Right to Enter. Lender and Lenders agents and representatives may enter upon the Real Property at all reasonable limes to attend to Lenders interests and to inspect the Real Property for purposes of Grantors compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances. and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation. the Americans With Oisabilaie5 Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lenders sale opinion, Lenders interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lenders interest. Duty to Protect Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all Other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and Preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may. at Lenders option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lenders prior written consent. of all or any part of the Real Properly, or any interest in the Real Property. A "sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property, whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract. contract for deed. leasehold interest with a term greater than three (3) years, lease -option contract, or by sale. assignment, or transfer of any beneficial interest in or to any land bust holding thle to the Real Property. or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or lirrdted liability company, transfer also includes any restructuring of the legal entity (whether by merger, division or otherwise) or any change in ownership of more than twenty-five percent (25%) of the voting stock, MORTGAGE Loan No: 16108140 (Continued) Page 3 partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shag not be exercised by Lender if such exercise is prohibited by federal law or by Minnesota law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment Gramor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when clue all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lenders interest in the Property is not jeopardized. If a lien apses or is filed as a result of nonpayment, Grantor shall within fifteen (15) clays after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the fling, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shell authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) clays before any work is commenced, any services are furnished or any materials are supplied to the Property, if any mechanics lien, materialmen's lien, or other lien could be asserted on account of the work. services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee cause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally. Grantor shall maintain such other insurance, including but not limited to hazard. business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be canceled or diminished without a minimum of thirty (30) days' prior written notice to Lender and not containing any disclaimer of the insurers liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by and act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available. for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lentlers security is impaired, Lender may, at Lenders election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property. or the restoration and repair of the Property- If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shag, upon satisfactory proof of such expenditure. pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay acwed interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantors interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year. Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer, (2) the asks insured: (3) the amount of the policy; (4) the property insured. the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lenders interest in the Property or R Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantors failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests. encumbrances and other Uaims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lenders option, will (A) be payable on demand: (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and MORTGAGE Loan No: 16108140 (Continued) Page 4 remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that. (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and enwmbrances other than those set forth in the Real Property description or in any title insuranm policy, title report, or final title opinion issued in favor of and accepted by. Lender in connection with this Mortgage. and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above. Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage. Grantor shall defend the action at Grantors expense. Grantor may be the nominal parry in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lenders own choice, and Grantor will deliver, or muse to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantors use of the Property complies with all existing applicable laws, ordinances. and regulations of governmental authorities. Survival of ReprssaMatlons and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantors Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed. Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal parry in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or muse to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Not Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation. Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes. fees and charges are a part of this Mortgage. Current Taxes, Few and Charges. Upon request by Lender. Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lenders lien on the Real Property. Grantor shall reimburse Lender for and taxes, as deschbed below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees. documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness Secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of Principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage'. Security Agreement This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured parry under the Uniform Commercial Code as amended from time to time. Security Interest Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lenders security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (seared party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this Mortgage: Fuller Assurances. At any time. and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will muse to be made, executed or delivered, to Lender or to Lenders designee, and when requested by Lender, cause to be filed, recorded. refiled, or rerecorded. as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust. security deeds, security agreements, financing statements, continuation statements, instruments of 0 MORTGAGE Loan No: 16108140 (Continued) Page 5 further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantors obligations under the Note, this Mortgage. and the Related Documents, and (2) the liens and security Interests created by this Mortgage on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing. Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -In -Fact If Grantor fails to do any of the things referred to in the preceding paragraph. Lender may do so for and In the name of Grantor and at Grantors expense. For such purposes. Grantor hereby irrevocably appoints Lender as Grantors attorney -in -tact for the purpose of making, executing, delivering, fling, recording, and doing all other things as may be necessary or desirable, in Lenders sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtednessincluding without limitation all future advances, when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage. Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lenders security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lenders option, shall constitute an Event of Default under this Mortgage. Payment Default Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent fling of or to effect discharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default In Favor of Third Partin, Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantors property or Grantors ability to repay the Indebtedness or Grantors ability to perform Grantors obligations under this Mortgage or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantors behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at and time thereafter. Defective Collateraliration. This Mortgage or any of the Related Documents mean to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The dissolution of Grantors (regardless of whether election to continue is made), any member withdrews from the limited liability company, or any other termination of Grantors existence as a going business or the death of any member, the insolvency of Grantor, the appointment of a receiver for any part of Grantors property, any assignment for the benefit of creditors. any type of creditor workout. or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method. by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shag not apply 'if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concemmg any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under. any Guaranty of the Indebtedness. Adverse Change, A material adverse change occurs in Grantors financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lenders option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty that Grantor would be required to pay. UCC Remedies. With respect to all or any part of the Personal Property, Lender shag have all the rights and remedies of a seared party under the Uniform Commercial Code. If notice to Grantor of the intended disposition of the Personal Property is required by law in a particular instance, such notice shall be deemed commercially reasonable if given to Grantor at least ten (10) calendar days prior to the date of intended disposition. Grantor shall pay on demand all costs and expenses, including but not limited to reasonable attorneys' fees and legal expenses, incurred by Lender in exercising these rights and remedies. Collect Rents. Lender shall have the right to take possession of the Property and to collect and apply Rents, including amounts past due and unpaid, In accordance with applicable law and this Mortgage, including during the entire redemption period after foreclosure of this Mortgage. If the Rents are collected by Lender. then Grantor irrevocably designates Lender as Grantors attorney -in -tact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and tolled the proceeds. 0 MORTGAGE Loan No: 16108140 (Continued) Page 6 Payments by tenants or other users to Lender in response to Lenders demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Application of Rents. Lender will first apply any Rents Lender receives in the order prescribed by Minn. Stat. Section 576.25, Subd. 2, as amended, including expenses for the Property's normal maintenance, and then, at Lenders sole discretion, to the Indebtedness and any other costs of managing, protecting and preserving the Property. All costs and expenses incurred by Lender in connection with the Property shall be for Grantors account and Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall detemrine the application of any and all Rents received by it after payment of the foregoing expenses. All expenditures made by Lender under this Mortgage and not reimbursed from the Rents shall become a part of the Indebtedness secured by this Mortgage, and shall be payable on demand, with interest at the interest rate set forth in the Note from date of expenditure until paid. Appoint Receiver. Lender, to the maximum extent permitted by law, shall be entitled, as a matter of right, to the appointment of a receiver or the Property, without notice or demand, and without regard to the adequacy of the security for the Indebtedness or the solvency of the Grantor, by an action separate from any foreclosure of this Mortgage pursuant to Minnesota Statutes Chapter 580 or pursuant to Minnesota Statutes Chapter 581, or as a part of the foredosure action under said Chapter 581 (it being agreed that the existence of a foreclosure pursuant to said Chapter 580 or a foredosure action pursuant to said Chapter 581 is not a prerequisite to any action for a receiver hereunder). The receiver, who shall be an experienced property manager, shall collect (until the Indebtedness is fully paid and satisfied arid, in the case of a foreclosure sale, during the entire redemption period) the Rents, and shall manage the Property, execute losses within or beyond the period of the receivership if approved by the court and apply as rants, profits and other income collected by him in the order specified below. Notwithstanding the appointment of any receiver. Lender shall be entitled as pledgee to the possession and control of any cash, deposits or instruments at the time held by or payable or deliverable under the terms of any Related Documents to Lender. Lender shag have the right, at any time and without limitation, as provided in Minnesota Statutes. Section 582.03, to advance money to the receiver to pay any part or all of the items which the receiver should otherwise pay if cash were available from the Property and sums so advanced, with interest at the highest default rate set forth in the Note, shall be secured hereby, or if advanced during the period of redemption shall be part of the sum required to be paid to redeem from the sale. Any Rents received by the receiver hereunder shall be applied in the order prescribed by Minn. Stat. Section 576.25, Subd. 2, as amended, including but not limited to expenses for the Property's normal maintenance and reasonable receivership fees, and then against the Indebtedness if received prior to the commencement of a foreclosure, to be in such order as Lender may elect, and if received after the commencement of a foreclosure, to be applied to the amount required to be paid to effect a reinstatement prior to foredosure sale, or, after a foreclosure sale to any deficiency and thereafter to the amount required to be paid to effect a redemption, all pursuant to Minnesota Statutes, Sections 580.30, 580.23 and 581.10, with any excess to be paid to Grantor. Provided, that if this Mortgage is not reinstated nor the Property redeemed as provided by said Sections 580.30, 580.23 or 581.10, the entire amount paid to Lender pursuant hereto shall be the property of Lender together with all or any part of the Property acquired through foreclosure. Foreclosure and Sale. Lender may, and is hereby authorized and empowered to, foreclose this Mortgage by action or advertisement pursuant to the statutes of the State of Minnesota providing for such foreclosure. Power is expressly granted to Lender (1) to sell the Property at public auction and to convey the Property, in fee simple, to the purchasers at such sale. and (2) to pay, out of the proceeds of the sale, and of the Indebtedness secured by this Mortgage, with interest, and all legal costs and charges of the foredosure inducing the maximum attorneys' fees permitted by law and Grantor agrees to pay all such costs, and charges and fees. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law. Grantor hereby waives any and ag right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free t0 sell all or any part Of the Property together or separately. in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy. and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantors failure to perform, shall not affect Lenders right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed w as to limit or restrict the rights and remedies available to Lender following an Event of Default. or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co -maker, guarantor, surety or endorser and/or t0 proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any suit or action t0 enforce any Of the terms of this Mortgage, Lender shall be entitled t0 recover Such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lenders opinion are necessary at any time for the protection of its Interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lenders reasonable attorneys' fees and Lenders legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (inducing efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost Of searching records, obtaining title reports (including foredosure reports), surveyors' reports, and appraisal fees and title insurance. to the extent permitted by applicable law. Grantor also will pay any court costs. in addition to all other sums provided by law. NOTICES. Any notice required to be given under this Mortgage, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationafty recognized overnight courier, or, if mailed. when deposited in the United States mail, as first 0 MORTGAGE Loan No: 16108140 (Continued) Page 7 doss, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lenders address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the paM's address. For notice purposes. Grantor agrees to keep Lender informed at all times of Grantors current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. Grantor understands that if Lender elects to foreclose by advertisement. no personal notice is required to be served upon Grantor. Grantor further understands that under the Constitution of the United States and the Constitution of the State of Minnesota it may have the right to notice and hearing before the Property may be sold and that the procedure for foreclosure by advertisement described above does not ensure that notice will be given to Grantor and neither said procedure for foreclosure by advertisement nor the Code requires any hearing or other judicial proceeding. GRANTOR HEREBY RELINQUISHES, WAIVES AND GIVES UP ANY CONSTITUTIONAL RIGHTS GRANTOR MAY HAVE TO NOTICE AND HEARING BEFORE SALE OF THE PROPERTY AND EXPRESSLY CONSENTS AND AGREES THAT THE PROPERTY MAY BE FORECLOSED BY ADVERTISEMENT AND THAT THE PROPERTY MAY BE DISPOSED OF PURSUANT TO THE CODE, ALL AS DESCRIBED ABOVE. GRANTOR ACKNOWLEDGES THAT GRANTOR IS REPRESENTED BY LEGAL COUNSEL: THAT BEFORE SIGNING THIS DOCUMENT, THIS SECTION AND GRANTOR'S CONSTITUTIONAL RIGHTS WERE FULLY EXPLAINED BY SUCH COUNSEL AND THAT GRANTOR UNDERSTANDS THE NATURE AND EXTENT OF THE RIGHTS WANED HEREBY AND THE EFFECT OF SUCH WAIVER. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantors residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantors previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Grantors Copy of Documents. Lender agrees to provide Grantor with a conformed copy of both the Note and this Mortgage at the time they are executed or within a reasonable time after recording this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Minnesota without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the Stab of Minnesota. Choke of Venue. If there is a lawsut, Grantor agrees upon Lenders request to submit to the jurisdiction of the courts of Winona County, State of Minnesota. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or mission an the pan of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lenders right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lenders rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabllly. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible. the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successors and Assigns. Subject to any limitations stated in this Mortgage on transfer of Grantors interest, this Mortgage shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor. Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States Of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Beach Rd, LLC and includes all co-signers and co -makers signing the Note and all their successors and assigns. Default The word "Default' means the Default set forth in this Mortgage In the section titled "Default'. Environmental Laws. The words "Environmental Laws" mean any and all stale, federal and local statutes. regulations and ordinances MORTGAGE Loan No: 16108140 (Continued) Page 8 relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1960, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA'), the Superlund Amendments and Reauthorization Act of 1986, Pub. L. No. 99499 ("SAfRA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto, or common law, and shall also include pollutants. contaminants, polychlorinated biphenyls, asbestos, urea formaldehyde, petroleum and petroleum products, and agricultural chemicals. Event of Default The words "Event of Default" mean any of the events of default set form in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Beach Rd, LLC. Guarantor. The word "Guarantor" means any guarantor, surety. or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words 'Hazardous Substances' are used in their very broadest sense and include without limitation any and all hazardous or toxic substances. materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Properly, facilities, additions. replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents. together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantors obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision, together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Mortgage. Lender. The word "Lender" means Merchants Bank, National Association, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated March 1, 2019, In the original principal amount of $232,800.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity dale of the Note is March 1, 2039. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property' mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents' means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. rRANTha- 0 Loan No:16108140 This Mortgage was drafted by: MORTGAGE (Continued) Amanda E Kauphusman, Credit Administration Merchants Bank, National Association 102 E 3rd St Winona, MN 66987-9977 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF M4 ) N� COUNTY OF )SS I Page 9 This instrument was acknowledged before me on — � 20- by Loaf B Brown, Member of Beach Rd, LLC and Mary Jane Brown, Member of Beach Rd, LL . REZ] IFFICn 3t.2020 Signature Atop O icer Title (and, ank) My commission expires LaserPro. Ver. 18.4.20.085 Copr. Finastra USA Corporation 1997, 2019. All Rights Reserved. - MN C:\RARLAND\CFI\LPL\G03.FC TR-33707 PR-41 0 Document #: T209197 Date: 03-15-2019 Time: 01:48 PM Pages: 7 Cert # 40257.0 Filing Fee: $46.00 Paid on 03-15-2019 County: Carver State: MN Requesting Party: METRO LEGAL SERVICES INC Kaaren Lewis Registrar of Titles ASSIGNMENT OF RENTS RECORDATION REQUESTED BY: Merchants Bank, National Association Winona Branch 102 E 3rd St PO Box 248 Winona, MN 55987-9977 WHEN RECORDED MAIL TO: Merchants Bank, National Association Winona Branch 102 E 3rd St PO Box 248 Winona, MN 66987-9977 THIS ASSIGNMENT OF RENTS dated March 1, 2019, is made and executed between Beach Rd, LLC, whose address is 790 Santa Vera Dr, Chanhassen, MN 55317-9643; as a Minnesota Limited Liability Company (referred to below as "Grantor') and Merchants Bank, National Association, whose address is 102 E 3rd St , PO Box 248, Winona, MN 55987-9977 (referred to below as "Lender"). ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security Interest in, and conveys to Lender all of Grantor's right, title, and Interest in and to the Rents from the following described Property located in Carver County, State of Minnesota: Lot 1303, Carver -Beach, according to the recorded plat thereof, Carver County, Minnesota. Lot 1, Block 1, Chaparral, according to the recorded plat thereof, Carver County, Minnesota. The Property or its address is commonly known as 901 Carver Beach Rd, Chanhassen, MN 55317-8572 The Property tax identification number is 25-2000010, 25-1601130. CROSS-COLLATERALIZATION. In addition to the Note, this Assignment secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or wntingenl, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surely, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Assignment secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Grantor, together with all interest thereon. THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: Metro Legal Services EDIRET 1303661 B 25801 2325095 ASN 664726 a • ASSIGNMENT OF RENTS Loan No: 16108140 (Continued) Page 2 PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender all amounts seared by this Assignment as they become due, and shall strictly perform all of Grantors obligations under this Assignment Unless and until Lender exercises its right to collect the Reins as provided below and so long as there Is no default under this Assignment. Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of the right to Collect the Rents shall not constitute Lenders consent to the use of cash collateral in a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Ownership. Grantor is entitled to receive the Rents free and dear of all rights, loans, liens, encumbrances, and claims except as disclosed to and accepted by Lender in writing. Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and Convey the Rents to Lender. No Prior Assignment Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force. No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as provided in this Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. This Assignment shall constitute an actual and present assignment, provided that the Grantor shall have a license to collect, but not prior to accrual, all of the Rents and to retain, use and enjoy the same unless and until an Event of Default as defined herein has occurred. For this purpose, Lender is hereby given and granted the following rights, powers and authority upon an Event of Default Norm to Tenants. Lender may send notices to any and as tenants of the Property advising them of this Assignment and directing all Rents to be paid directly to Lender or Lenders agent. Enter the Property. Lender may enter upon and lake possession of the Property, demand. Collect and receive from the tenants or from any other persons liable therefor, all of the Rams; institute and Carry on all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover possession of the Properly; collect the Rents and remove any tenant or tenants or other persons from the Property. Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; to pay the Costs thereof and of all services of all employees, including their equipment, and of all Continuing costs and expenses of maintaining the Property in proper repair and condition, and also to pay all taxes, assessments and water utilities, and the premiums on fire and other insurance effected by Lender on the Property. Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of Minnesota and also all other laws, rules, orders, ordinances and requirements of all other governmental agencies affecting the Property. Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms and on such Conditions as Lender may deem appropriate. Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lenders new or in Grantor's name, to rent and manage the Property, including the Collection and application of Rents. Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act exclusively and solely in the place and stead of Grantor and to have all of the powers or Grantor for the purposes stated above. No Requirement to Act Lender shall not be required to do any of the foregoing acts or things, and the fact that Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. APPLICATION OF RENTS. Lender will first apply any Rents Lender receives in the order prescribed by Minn. Stat. Section 576.25, Subd. 2, as amended, including expenses for the Property's normal maintenance, and then, at Lenders sole discretion, to the Indebtedness and any other Costs of managing, protecting and preserving the Property. All costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and Lender may pay such Costs and expenses from the Rents. Lender, in its sole discretion, shall determine the application of any and all Rents received by It after payment of the foregoing expenses. All expenditures made by Lender under this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this Assignment, and shall be payable on demand, with interest at the interest rate set forth in the Note from date of expenditure until paid. FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations imposed upon Grantor under this Assignment, the Note, and the Related Documents. Lender shall execute and deliver to Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on file evidencing Lenders security interest in the Rents and the Property. Any termination fee required by law shall be paid by Grantor, if permitted by applicable law. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lenders interest in the Property or if Grantor fails to comply with any provision of this Assignment or any Related Documents, including but not limited to Grantors failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Assignment or any Related Documents, Lender on Grantors behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying al taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Rents or the Property and paying as Costs for insuring, maintaining and preserving the Property All such expenditures incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a pan of the Indebtedness and. at Lenders option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the tens of any applicable insurance policy; or (2) the remaining term of the Now; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Assignment also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. DEFAULT. Each of the following, at Lenders option, shall Constitute an Event of Default under this Assignment. �J ASSIGNMENT OF RENTS Loan No: 16106140 (Continued) Page 3 Payment Default Grantor fails to make any payment when due under the Indebtedness; Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Assignment or in any of the Related Documents or to comply with or to perform any term, obligation. covenant or condition contained in any other agreement between Lender and Grantor. Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment for taxes or Insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Parties. Any guarantor or Grantor defaults under any loan, extension of credit. security agreement, purchase or sales agreement, or any other agreement. in favor of any other creditor or person that may materially affect any of any guarantor's or Grantors property or ability to perform their respective obligations under this Assignment or any of the Related Documents. False Statements. Any warranty. representation or statement made or furnished to Lender by Grantor or on Grantors behalf under this Assignment or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collaterall"tion. This Assignment or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The dissolution of Grantors (regardless of whether election to continue is made), any member withdraws from the limited liability company, or any other termination of Grantors existence as a going business or the death of any member, the insolvency of Grantor, the appointment of a receiver for any part of Grantors property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help. repossession or any other method. by any creditor of Grantor or by any govemmental agency against the Rents or any property securing the Indebtedness. This includes a garnishment of any of Grantors accounts, including deposit accounts. with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the credtor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion. as being an adequate reserve or bond for the dispute. Property Damage or Lose. The Property is lost, stolen, substantially damaged, sold. or borrowed against Everts Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or oecomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurence of any Event of Default and at any time thereafter. Lender may exercise any one or more of the following rights and remedies. in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty that Grantor would be required to pay. Collect Rents. Lender shall have the right to take Possession of the Property and to collect and apply Rents, including amounts past due and unpaid, in accordance with applicable law and this Assignment. including during the entire redemption period after foreclosure of any related mortgage. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantors attorney -in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lenders demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either In person, by agent, or through a receiver. Appoint Receiver. Lender, to the maximum extent permitted by law, shall be entitled. as a matter of right, to the appointment of a receiver of the Property, without notice or demand, and without regard to the adequacy of the security for the Indebtedness or the solvency of the Grantor, by an action separate from any foreclosure of any related mortgage pursuant to Minnesota Statutes Chapter 580 or pursuant to Minnesota Statutes Chapter 581, or as a part of the foreclosure action under said Chapter 581 (it being agreed that the existence of a foreclosure pursuant to said Chapter 580 or a foreclosure action pursuant to said Chapter 581 is not a prerequisite to any action for a receiver hereunder). The receiver, who shall be an experienced property manager, shall collect (until the Indebtedness is fully paid and satisfied and, in the case of a foreclosure sale. during the entire redemption pennd) the Rents, and shall manage the Property, execute leases within or beyond the period of the receivership if approved by the court and apply all rents. profits and other income collected by him in the order specified below. Notwithstanding the appointment of any receiver, Lender shall be entitled as pledgee to the possession and control of any cash, deposits or instruments at the time held by or payable or deliverable under the terms of any Related Documents to Lender. Lender shall have the right, at any time and without limitation, as provided in Minnesota Statutes, Section 582.03. to advance money to the receiver to pay any part or all of the items which the receiver should otherwise pay if cash were available from the Property and sums so advanced, with interest at the highest default rate set forth in the Note, shall be secured hereby, or if advanced during the period of redemption shall be part of the sum required to be paid to redeem from the sale. Any Rents received by the receiver hereunder shall be applied in the order prescribed by Minn. Stat. Section 576.25, Subd. 2, as amended, including but not limited to expenses for the Property's normal maintenance and reasonable receivership fees, and then against the Indebtedness if received prior to the commencement of a foreclosure, to be in such order as Lender may elect, and if received after the commencement of a foreclosure, to be applied to the amount required to be paid to effect a reinstatement prior to foreclosure sale, or, after a foreclosure sale to any deficiency and thereafter to the amount required to be paid to effect a redemption, all pursuant to Minnesota Statutes, Sections 580. 30. 580.23 and 581. 10, with any excess to be paid to Grantor. Provided, that if any related mortgage is not reinstated nor the Property redeemed as provided by said Sections 580.30. 580.23 or 581. 10, the entire amount paid to Lender pursuant hereto shall be the property of Lender together with all or any part of the Property ASSIGNMENT OF RENTS Loan No: 16106140 (Continued) Page 4 acquired through foreclosure. Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by law. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Assignment, after Grantor's failure to perform. shall not affect Lenders right to declare a default and exercise its remedies. Attorneys' Fees; Exper an. If Lender institutes any suit or action to enforce any of the temis of this Assignment, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved. and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lenders reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining idle reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable low. Grantor also will pay any court costs, in addition to all other sums provided by law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment. Amendments. This Assignment, together with any Related Documents. constitutes the entire understanding and agreement of the parties as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or define the provisions of this Assignment. Governing Law. This Assignment will be governed by federal law appllcable to Lender and, to the extent not preempted by federal law, the laws of the State of Minnesota without regard to its conflicts of law provisions. This Assignment has been accepted by Lender In the State of Minnesota. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lenders request to submit to the jurisdiction of the courts of Winona County, State of Minnesota. Merger. There shall be no merger of the interest or estate created by this Assignment with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Interpretation. (1) In all rases where there is more than one Borrower or Grantor, then all words used in this Assignment in the singular shall be deemed to have been used In the plural where the context and construction so require. (2) If more than one person signs this Assignment as "Grantor." the obligations of each Grantor am joint and several. This means that if Lender brings a lawsuit. Lender may sue any one or more of the Grantors. If Borrower and Grantor are not the same person. Lender need not sue Borrower first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for convenience purposes only. They are not to be used to interpret or define the provisions of this Assignment. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given in writing and signed by lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of Lenders right otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior waiver by Lender, not any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lenders rights or of any of Grantors obligations as to any future transactions. Whenever the consent of Lender is required under this Assignment, lbe granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in ea cases such consent may be granted or withheld in the sole discretion of Lender. Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight couner, or, if mailed, when deposited in the United Slates mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Assignment. Any party may change its address for notices under this Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantors current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. Powers of Attorney. The various agendas and powers of attorney wnveyed on Lender under this Assignment are granted for purposes of security and may not be revoked by Grantor until such time as the same are renounced by Lender. Sevembility. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid. or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be rmsidered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Assignment shall not affect the legality, validity or enforceability of any other provision of this Assignment. Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantors interest. this Assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantors successors with reference to this Assignment and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment or liability • ASSIGNMENT OF RENTS Loan No: 16108140 (Continued) Page 5 under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Assignment. Waiver of Rip of Redemption. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF GRANTOR, ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Assignment. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terns not otherwise defined in this Assignment shall have the meanings attributed to such terms in the Uniform Commercial Code. Assignment The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be amended or modified from time to time, together with all exhibits and schedules attached to this ASSIGNMENT OF RENTS from time to time. Borrower. The word "Borrower' means Beach Rd, LLC. Default. The word "Default" means the Default set forth in this Assignment in the section titled "Default'. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Assignment in the default section of this Assignment. Grantor. The word "Grantor" means Beach Rd, LLC. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor t0 Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantors obligations a expenses incurred by Lender to enforce Grantors obligations under this Assignment, together with interest on such amounts as provided in this Assgnment Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision, together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralizaaon provision of this Assignment Lender. The word "Lender' means Merchants Bank, National Association, its successors and assigns. Note. The word "Note" means the promissory note dated March 1, 2019. In the original principal amount of $232,800.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of consolidations of and substitutions for the promissory note or agreement. Properly. The word "Property" means all of Grantors right, title and interest in and to all the Property as described in the "Assignment" section of this Assignment. Related Documents. The words "Related Documents" mean ail promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all of Grantors present and future rights, title and interest in, to and under any and all present and future bases, including, without limitation, all rents, revenue, income, issues, royalties, bonuses, accounts receivable, cash or security deposits, advance rentals, profits and proceeds from the Property, and other payments and benefits derived or to be derived from such leases of every kind and nature, whether due now or later, including without limitation Grantors right to enforce such leases and to receive and collect payment and proceeds thereunder. THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON MARCH 1, 2019. GRANTOR: SEA LL By B ro mbar of Beach R4 LLC Mary Jane B ben of Beach R4 LLC Loan No: 16108140 This ASSIGNMENT OF RENTS was drafted by: ASSIGNMENT OF RENTS (Continued) Amanda E Kauphusmon, Credit Administration Merchants Bank, National Association 102 E 3rd St Winona, MN 56987-9977 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF 1 �'`r-'-N /�1 COUNTY OF ( Page 6 This instrument was acknowledged before me on 28 14 / by Loal B Brown, Member of Beach Rd, LLC and Mary Jane Brown, Member of Beach Rd, LLC. BECKY R0.DCLIFF e�w` Fy q 1' NOTAFY PUBLIC MINNESOTA My Commission Expires Jan. 31.2020 Signature of Notarial ON�r This (and Rank( My commission expires 1-3i -Zo LaserPro, Ver. 18.4.20.085 Color. Finastra USA Corporation 1997. 2019. All Rights Reserved. - MN C:\HARLANDICFI\LPL\G14.FC TR-33707 PR-41 Preliminary Minor - for - Loel Brown 8 Jane Brown 901 Carver Beach Road Chanhassen, MN 55317 EXISTING PROPERTY DESCRIPTION Lot 1, Block 1, CHAPARRAL, according h Oro recoded plat thereof, Carver County, Minnesota. And also Lot IM3, CARVER BEACH, according h Me recorded Pail Merenf Carver County Minnesota. PROPOSED PARCEL A DESCRIPTION: Lot 1, Bock 1, CHAPARRAL, according to the recoNed plot thereof Carver County, Minnesota. EXCEPT thal pad deacnbnd as others, Commenckl at Me Northwest carter olaep Lot 1. Mena South 88 degrees 31 minutes 20 seconds East, assumed belong a" Me North lire of and Lot 1. 153,00 feel to the Print of beginning; Mence corb uing South BB degrees 31 minules 20 seconds East, inking sad Ninth line 8700 feet h 8ro Northeast comer of said Lot 1; thence South Ot degree 19 minutes 45-East. 9937 feet, akwl the eesleny line of said Lot 1, to It, easterly currier of said Lot 1, thence South 20 degrees 54 mmules 07 seconds West 78.98 feet thence North 72 degrees W minutes 0o seconds West 41.W feet. thence NUM 54 degrees 45 mimnea 00 econds West 40.00 reel; Men,. Ntrdh 11 degrees 45 minules 00 seconds East 65oo feet. thence North 01 degree 28 minutes 40 seconds East 66 W Mel to Me point of beginning. PROPOSED PARCEL B DESCRIPTION: That "it a Lot 1. Brick 1, CHAPARRAL, according to the re1PMd plat thereof. Carve, County Minnesota. described as obows: Commencing at Me Nmhwest comer of said Lot T thence South 88 degrees 31 minutes 20 seconds East assumed heamg eking Me Rod, line of sao or 1. 153.00 feel to the Man' ofbeyfnrm,: thence continuing South 88 degrees 31 minutes 20 seconds East. Wool saki North had 87,W feel to the Northeast come, of said Lot 1; 01ance South 01 degree 19 minutes 45-East, along Me hosted, line or said Lot 1, to an easterly comer of sad La 1; thence South 20 degrees 54 minutes 07 seconds Wasl 78 99 feet, Mence North 72 degrees 00 minules W seconds West 41.00 feet. thence North 54 degrees 45 manias M seconds West 40.M feel Me. North 11 degrees 45 minutes 00 semnits East 65 00 feel. Mence Nonn 01 degree 28 minutes 40 seconds East 66.00 feel o the parnabeg;nrl:,g. And also all of La 1303, CARVER BEACH, ascordn' It, the retarded plat thereof Carve, County, Minnesota. Together on Me foeowirlg perouni easements,rr drama,, and u,Idy pdWi.s: The westerly and soumed, 1000 Mel of Parch B. And also that ped of Me easterly 10.00 feet of Pocel B lying southerly of a line drawn Parallel with and distant 5.00 Met Panted, aMa southerly kre of will Lot 1303, and its westerly edenaion. And slap Me shathaq and. -sled, 5.00 had of said CIA 1303, And also the north-dy 10.00 Mel Plead LW 1303. PROPOSED DRAINAGE 6 UTILITY EASEMENT VACATION A stop of land 6 00 da1 m width over Mal pan of Lot 1, Bock 1. CHAPARRAL, according to Me recordedpfal therect Carver County, li inrlesae. Me on on, an. of and, is contluous with the added, line of Lol 1303, CARVER BEACH, according the the Ph odedplal thercPlin sad County. Said sire, of rand is to eidand by its tub wfdb, Man aline drawn pareael with and distant 10.00 saoMeny of the mrthany one of said Lot 1. toe line drawn Parauaf wbh ad, distant 5.00 feet northeoty of the solNledy lire of said Lot 1303 and Is westerly edeneio0. I LEGEND I o Surrey Conba Pan, • Found Mon Monumea G la' X 14' roar marknd wnh cap number 22703 to be she O Sandary Manhole -•— Sanae, Sewer -__. Enalm Colour Loa m Water Van, )O0(XX Esiomg Elevation X)O(XX) Pmpaed Ehvabo ---- Plopased conlote I hereby ca lily Mal Mi. suety was prepared by me or ands, my direct supervisor and Mat I on a duly licensed Professional Land Surveyws Surveyor under Me la .the 51e1s or Minnasoh. 'we�Y. .F� 227g9 gMH/[O Syron V. la Mt• Lkynaa No. pats �CGRMER-- --- xg''1 `� OOS/W�. DRAP/AOEAL)U'Ut]L/d�ASEMEb A PROPOSED _ d.a. 4Ra of to." t --AL —aft 1 - ,', 1 I F\ \tee?' 1ad p q \ \ \ A -y \ EXISTING It Ie 1 \ NOOSE 1 1/ a i T-- I 1 3 1 1 It, i 1 a 1 1 1 1 I 1 EXISTING ae �___� HOUSE L-� 1 1 oe ` 6 xR / / / I( 1 au = T I- L__1 (895) I ` IF6 - 6x, \\ �-It I x�\ _maw aaaienz� /24.M��- ---- --' I 0 20 40 SCALE IN FEET UP -`�---___-____ ____ \ y I - ,e� So to \ ________ \_____________ '•, ----- I` DELINEATED WETLAND BY JACOBSON ENVIRONMENTAL \ �-- �------_ I\`'I \ �\ ` \\ TA 4117120 ---SNORELINE�•. �. r: xlr��` \ \ 11 14 \ ♦♦ \\ `\ A Tn \-4bVIN \♦♦ `\\ ~` S ,•'�� ` ��\ \\♦ EXISTING DRAINAGEAND UTILITYEASEMENT 1 \ A I 1, lea, \ POND \ PARCEL S IMPERVIOUS COVERAGE: EXISTING HOUSE: 1,532 S.F. DRIVEWAY: 608 S.F. STORAGE SHED: 96 S.F. DECK., 358 S.F. TOTAL IMPERVIOUS: Z594 S.F. LOT AREA: 15,069 S.F. IMPERVIOUS COVERAGE: 17.2 % PROJ 2/752-00 ELEVATION ON 03131120 = 997.4 (NAVD88) AREAS: PROPOSED HOUSE ELEVATIONS: EXIST/SEDPIG 1"'27OS.F. PROPOSED PARCEL A: R IIsm S.F. TOP OFFSLAB. ION: TOO PETIANDDPARCEL f1997SF. TOO I!A WERANONOND AREA: 9B, B8]S.F. SARAFESLAB: BASEMENT/WALKOUT.' TBO SourHCP4 /A,E OFL Orl J IVREMIER LAND SURVEYING, LLC 1600 Artoretum BNd, Suite 203 Ycloria, MN 55386 952443J010 sc.%Nwo Tree Inventory Survey - for - Loel Brown & Jane Bown 901 Carver Beach Road Chanhassen, MN 55317 TREE INVENTORY BY SOIL INVESTIGATION d DESIGN, INC Ana acmes PememofAma to species OBN coadAbn s0uan 6. 4M Elm 12 10 1W f.25 4813 Ash f0 0 1W 1.13 4522 Eft 11 5 225 1.88 41124 AM 13 0 Deal 4663 Ash 12 2 10 1." 4662 AM, 10 2 97 0.81 4661 Ash if 3 100 0.83 1660 Ash 11 0 Dead 46.59 Elm 12 0 Daad 408 Ash 14 3 625 5.21 1657 Ekb 14 3 400 3.W 4655 Elm /4 6 628 S23 am AM 99 4 900 750 4654 Black 13 a HO 3.67 Chen, 4653 Ash 17 4 2W 208 4652 Eka 12 5 630 5.25 4651 Nack"19 7 910 7-58 I6.50 AM 14 5 aW 5.42 4619 Elm 12 5 300 3.25 4646 Ash 12 5 225 1.88 4647 Am /2 1 225 1.86 4616 AM 12 4 2W 217 4645 Eka 12 5 42f 3.51 1644 Ash 10 4 in1.W 4543 f .Eklar 10 6 1W 7.25 4642 Boa Elder 12 6 420 150 4641 Ash 15 5 400 3.33 1610 Ash 15 5 600 5.00 Taal D,506 n.22 EXISTING PROPERTY DESCRIPTION: Lot 1, Block 1, CHAPARRAL, Carver County, Minnesota. LEGEND A Swwy coned POMP r find hen Monumenf 0 1/1'X 14'rebar marked with cap number 22703 to be set O Sanitary Maneole -a- Sanitary Sewer X said Elb.hon 0 Water Valve -- Candour Line Usa Oak I herby redly Nat Mis survey as, peparnd by me w under my doaaf EaM abn and that Iam a duy licensed Pmroasional Land Suros Wunder be bows 01he Slow ofsk.ason. •— - .—: - s-0' ',• �--- coN akDEv6kL3c -- N =-wseBNER- _ _ _ _ _ + --- 9- ----- __ .k ewme.. -- _ 4F .�° ' CONCRETE SDEWAuc ---f lutw _ __ i- ear• , J EeNO U11L(7YEA�EMEIA --_ _ - / 11:0➢ 1 - ♦♦ ��. t '--_ a..r♦ \\ ` \ \ ~iet'> Y � IJi �.I T"--�---sue \`\ spy ♦♦ so PROPOSED 6 -X y \ �°�• I }?o \ 13-. ♦. n.� •_ HOUSE se • C \ 1� \\ OWING RG e T I I I `I� ♦♦� :.a`• •SAS' / I HOUSE 43 6 . f EXISTING • �. R ..• ease .c" / 71 l'�I \\-E.__`'h__ ----------- HOUSE L-•X s4°• 2: _lp \ r�8 , /' 1 I r1 T. mc• } j3Y L__ (895) I i s2 ; I au 1t 1� 01 OI ♦ ` \ J \ `2 .t ` ♦ \__ `\`\ + _ _ DIUpUDEAND WWI,Md19TE ------- of \\\ \• ♦♦,♦_�` �`. ♦♦_�• ��\,` � ! -------- ,_ - \ �'�i ` \ ` \♦ ♦ \ ♦ \ �"ob,,, L $ _ �\ DEL/NATED WETLAND BY \\\ ` - as••, JACOBSON ENVIRONMENTAL \� �"••••...Tom- '- ------ `\I 4(17/20 / �----SHORELI;rlbY. 'y. /, ` •If�� \ ` -`- -----II 11.,4V} �� ---'� 'sae_ \ � • I ♦` I - --- DRAIMAGEAND UTILITY EASEMENT ---------- AREAS: EXISTING LOT 1: PROPOSED PARCEL A: PROPOSED PARCEL B: POND ELEVATION ON 03131120 = 997.4 (NAVD88) f04,339 SF. 91,257 S.F. 13,082 S.F. __. SOtyrHERCYCAYE OECOT 1 0 W 40 SCALE IN FEET 6 w 1 A � O 6 O 6 W 6 2 J r If � � IW , h ' w a' PREMIER LAND SURVEYING. LLC -fe,r-�_ 22703 0641wo Shi-iiV laced License N. Date PRW, i1752-00 ScAl WED 1600 Arboretum Blvd., Sulte 203 Winona. MN 55366 952-443-3010 Tree Inventory Survey - for - Loel Brown & Jane Bown 901 Carver Beach Road Chanhassen, MN 55317 TREE INVENTORY BY SOIL INVESTIGATION d DESIGN, INC Area ofcm. Pemenf ofAma lD Saeuec DaH Cpdtion sw. 8. 4844 Eh, 12 10 1W 1.Yu 4 13 AM 10 0 135 1.13 022 Ekn 11 5 225 1.88 024 AM 13 0 D"I 4663 AM 12 2 1W 1.n Met AM 10 2 97 0.81 4W1 AM 11 3 1m 0.83 46W AM 11 0 Dave 4659 E6n /2 0 peep 4666 AM 14 3 625 5.21 4657 Elm 14 3 400 3.33 4656 Ebn 14 6 $28 5.23 1855 AM 33 4 900 7.50 465. Black 13 Cherry 6 440 3.67 46W AM 11 4 2W 1.08 4652 EM 12 5 630 5.25 4651 He*"19 7 910 T58 46W AM 14 5 6W 5.42 4649 Ehn 12 5 see 3.25 4648 AM 12 5 125 1.81 4647 AM 12 4 225 1.811 M,16 AM 12 4 1W 2.17 4645 Eln 12 5 421 3.51 46 AM 10 4 /20 1.00 4U3 Box Eder 10 6 150 1.25 4 12 B Eder 12 6 4" 3.W 4641 AM 15 5 4W 3.33 MM AM 15 5 6W 5.00 TM 9,506 M.22 EXISTING PROPERTY DESCRIPTION: Lot 1, Block 1, CHAPARRAL, Carver County Minnesota. LEGEND c Sarwycw,a root • Faxd bon fAtr%mem p 1n•x u•rerar msAee wm cap number 22703 dW eet O S&Mq Mxepd -e- S eq Senor x spol E .w m W.W Vahre -- Codanlme • Live Oah I nerebr wady rnd rlus survey •espmpr.eby me wur.ear my ek.m wpervisian and Bell xn a fitly 5cerraee Pi9leasional Lana Swwywuneer tlx Mw6 Mete Sbd of k6nnemp. )`I., 22703 OY3W20 Sown V. IeMe Lican6e N0. pNe FR03. 11752-00 le / _1 _ _ _ _ °w°tl°"• _ to CONCRETE SIDEWALK �, N']1Z0• ---f --a_ 1W.W - i, .le ppe _ 1 cND 111A.(TY EA3EMENr - _ _ _ - � �, ILIO � - esa ♦` 1W T- --`-- -1PROPO4,c �\` I ♦ ♦`♦ `� _3 HOUSE pre n -% �'\ \# EXISTING 1R' ^ r 1 1 `� `� -A gg k \ x \ HOUSE ; 14 E ; a E--� X/STING �♦- ,.,• .p'' , fl I %I \ I8___ HOUSE L-� �° j.9 2 � _ W `` \ .\ a4e g'2' \\ L i i l \` \`'��` 1• I 0 yl `♦ ♦ ♦ ke W \ \ 1 1 J _ --- - Il' D 01 ♦ `` i ILAo = j `♦ �\ .___ �* _ _ LMANAGEANOWXryyII ]7rE I 61 `♦`� \� `\♦ •pea _ ` �\\x •�'sx '��'� ,A'irr/y ` - >!---.€e `e -- ----- - - - - -- ---- -------- - - - - -- i \ fro• -- _ -----_____ � � � ` DEL INA TED WETLA ND BY \\ \`�~,��•., _-_-_ `��Na �� -----` I \` ` \\ JACOBSON ENVIRONMENTAL '.•.... - -- 4117120 _� -- DRAINAGEANDUTILITYEASEMENT \ \ I \ \ POND \ %N AREAS: EXISTING LOT is PROPOSED PARCEL A: PROPOSED PARCEL B: ELEVATION ON 03131120 = 997.4 (NAVD88) 104,339 S.F. 91,257 S.F. 13,082 S.F. SOUrHER(YC7A,E OELOT 7 0 20 40 SCALE IN FEET I PREMIER LAND SURVEYING. LLC 1Wa Arborefum Blvd. Suite Yrctorla, MN 55386 952JgJ010