1f.- 2 Approve Addendum A to Development Contract for Creekside AdditionMEMORANDUM
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TO:
FROM:
DATE:
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SUBJ:
CITY OF
A
AA
HASHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Charles Folch, Director of Public Works
Dave Hempel, Assistant City Engineer ky --
August 21 1996
Action by City Administrator
Endorsed '�
Vloditie
Rejecter+ '
De'? 2-
Date Submitted to Commission
Date Submitted to council
Approve Addendum A to Development Contract for Creekside Addition
Project No. 95 -8A
The applicant, Heritage Development Company, initially platted this property as Creekside in May
of 1995. The initial phase of construction provided street and utility improvements to service this
second phase; therefore, no additional improvements are proposed. The development contract for
Creekside needs to be expanded to cover the lots in the second addition. The attached addendum
extends the conditions of approval from the first phase and also applies conditions from the
second phase into one development contract for the site. It is therefore recommended that the
City Council approve Addendum A to the development contract for Creekside.
ktm
Attachment: Addendum A to Creekside
c: John Dobbs, Heritage Development Company
\ bfsl\ vol2\eng \projects�creeksid\addendum.doc
48/21.96 WED 11:08 FAX 612 452 5550 C B S & F CHANHASSEN
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUN'IUS, MINNESOTA
[a 002 ,
ADDENDUM " A "
TO
DEVELOPMENT CONTRACT
FOR
CREEKsmE ADDITION
AGREEMENT dated
1996, by and between
the CITY OF I
CE ANHA.SSEN, a Minnesota municipal corporation ("City"), and HERITAGE
DEVELOPMENT OF MINWSOTA, INC., a Minnesota corporation (the
"Developer").
1. BACKGROUND. The parties have previously entered into a development
contract for CREEKSIDE ADDITION dated May 8, 1995 (the "Development Contract ").
The Development Contract was recorded on September 21, 1995 as Carver County
Abstract Document No. 185165, and on September 21, 1995 as Carver County Torrens
Document No. T89093. The Developer is now platting Outlot F, CREEKSIDE
ADDITION as CREEKSIDE SECOND ADDITION.
2. EXTENSION OF DEVELOPMENT CONTRACT. The Development
Contract shall remain in full force and effect, except as specifically modified by this
Addendum, abd shall also apply ° to CRERKSIDE SECOND ADDTITON.
3. OTHER SPECIAL CONDITIONS. In addition to the other special
conditions outlined in Paragraph 8 of the Development Contract, the following conditions
shall apply to CREEKSIDE SECOND ADDITION:
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A. A woodland mana gement plan satisfactory to the City will be
g ement
required as part of the platting process. The home builders and home
' purchasers shall be provided a copy of the plan.
' B. A ten foot clear space must be maintained around fire hydrants, e.g.
street lamps, trees, shrubs, bushes, NSP, NW Bell, cable television,
transformer boxes. This is to ensure that fire hydrants can be quickly
' located and safely operated.
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C.
Full park and trail fees shall be paid per city ordinance.
D.
the development p lans to include a 100 -
The applicant shall revised p p
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foot setback buffer around Bluff Creek and a 50 foot setback buffer
Creek. The 100 and 50 foot building
along the tributary to Bluff
setbacks shall be shown on the building site plan as part of the
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building permit application for the individual lots.
E.
All areas disturbed as a result of construction activities shall be
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immediately restored with seed and disc - mulched or wood -fiber
blanket or sod within two (2) weeks of completion of each activity
in accordance with the City's Best Management Practice Handbook.
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Type III erosion control will be required adjacent to all wetlands
except where storm ponds will intercept runoff prior to discharging
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into the wetlands. In these areas Type I erosion control is required.
F.
The applicant shall enter into an addendum to the Development
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Contract for CREEKSIDE ADDITION with the City and provide the
necessary financial security to guarantee compliance with the terms
of the Development Contract.
C.
The applicant shall apply for and obtain permits from the appropriate
regulatory agencies, i.e. Carver County, Watershed District,
MWCC, Health Department, PCA, DNR, Army Corps of
Engineers, and MnDOT, and comply with their conditions of
approval... - -
H.
For custom graded lots, a satisfactory soils report from a qualified
i
engineer shall be provided to the Building Official before the City
issues a building permit.
No berming or landscaping will be allowed within right -of -way
areas.
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J. The lowest floor elevation of all buildings should be a minimum of
2 feet above the high water level calculated according to the
shoreland ordinance guidelines.
K. Individual grading, drainage and erosion control, and tree removal
plans will be required for each wooded lot prior to issuance of a
building permit. This condition applies to Lots 1, 2, 3, and 4, Block
1, CREEKSIDE SECOND ADDITION.
L. SWMP connection fees will be based in accordance with the City's
SWMP. Staff has evaluated those fees based on the applicant's
contribution to the SWMP design requirements. The fees have been
calculated at $6,867.00 and are payable to the City at the time of
final plat recording. The fees for Phase I are also payable prior to
recording this the plat. The fees are $29,500.00.
M. The applicant shall report to the City Engineer the location of any
drain tiles found during construction and shall relocate or abandon
the drain tile as directed by the City Engineer.
N. A trail easement shall be dedicated over Lots 1, 2, and 3, Block 1,
CREEKSIDE SECOND ADDITION, that provides a minimum 20
foot trail corridor including Outlot B, CREEKSIDE ADDITION.
O. Lot 2, Block 1, CREEKSIDE SECOND ADDITION, does not meet
the minimum lot frontage requirement and shall be increased to 90
feet in width.
P. An Ag /urban wetland is located in Outlot D, CREEKSIDE
ADDI'T'ION adjacent to Lots 3 and 4. A 40 foot setback from the
wetland buffer is required for buildings on these lots. The wetland
buffer shall average 10 feet in width with a range from 0-20 feet.
Wetland buffer areas shall be surveyed and staked in accordance
with the City's wetland ordinance. The City will install , wetland
buffer edge signs before accepting the utilities and will charge the
applicant $20.00 per sign.
4. RECORDING. The Development Contract and this Addendum "A" shall be
recorded against all lots and blocks, in CREEKSIDE SECOND ADDITION.
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IN WITNESS WHEREOF this Addendum "A" was executed by the parties
' the day and year first above written.
' (SEAL)
i
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
AND
Don Ashworth, City Manager
HERITAGE DEVELOPMENT OF
MINNESOTA, INC.
BY:
Its
STATE OF MINNESOTA )
) ss.
' COUNTY OF CARVER )
the foregoing instrument was acknowledged before me this day of
1996, by Donald J. Chmiel and by Don Ashworth, respectively the
Mayof and City Manager of the City of Chanhassen, a Minnesota municipal corporation,
' on bAalf of the corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
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08:21:96 WED 11:10 FAX 612 452 5550 C K S & F 444 CHANHASSEN
STATE OF MMNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
1996, by the
of Heritage Development of Minnesota, Inc., a
Minnesota corporation, on behalf of said corporation.
Notary Public
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
RNK: srn
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