2a.1. Chanhassen East Business Center: Final Plat & Site Plan.MEMORANDUM
0 -1
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 0 FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Sharmin Al -Jaff, Planner II
Dave Hempel, Assistant City Engineer
DATE: May 1, 1996
SUBJ: Final Plat Approval for Subdivision #95 -18 for Chanhassen East Business Center,
and Amendment of Conditions of S'te Plan Approval - located South of Highway 5,
West of Dell Road, and North of F1dn Prairie, CSM Investors, Inc. and DataServ,
Inc. "'I
-:.
BACKGROUND
On November 27, 1995, the City Council
Corporation:
1)
Site Plan
Office W
2)
Vacation
Drainage,
3)
P mina
The City Councilapued the
Business Center as shown iin
:? for the constructic
se buildings
abandoned Public Ri
following requests for CSM
two 64,000 square foot
F Way and a Utility and
Plat to Subdivide 61.6 acres into 3 Lots and 2
fta eR B tsmes Center °�`
iminary plat for Subdivision ' 95=18 C — h sen East
at received October 2, 1995, with the
19wifig conditions:
1. Park and trail dedication fees to be
This condition has been modified to rasa Park and trail dedication fees to be
collected per city ordinance. Lot 1, Block 2 shall be subject to park and trail fees
upon future subdivision of the property.
Chanhassen East Business Center
Final Plat and Amendment of Site Plan Approval
May 1, 1996
Page 2
2. The applicant shall enter into a development contract with the City and provide the
necessary financial security to guarantee compliance with the terms of the development
contract. e
This condition will be met prior to recording of the plat. CSM will actually be
responsible for providing the financial security.
3. All areas disturbed as a result of construction activities shall be immediatelly restored with
seed and disc - mulched or wood -fiber blanket or sod within two weeks of completion of
each activity in accordance with the City's Best Management Practice Handbook. All
catch basins shall be protected with silt fence or hay bales until the parking. lot is paved.
This condition has been transferred to CSM's site plan permit since the construction
of the improvements will be CSM's responsibility.
4. The applicant shall provide detailed pre - developed and post - developed stormwater
calculations for a 10 -year and 100 -year storm event, 24 -hour duration. Individual storm
sewer calculations between each catch basin segment will also be required to determine if
sufficient catch basins are being utilized.
This condition has been met.
5. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i.e. Carver County, Watershed District, Metropolitan Waste Control Commission, Health
Department, Minnesota Pollution Control Agency, Minnesota Department of Natural
Resources, Army Corps of Engineers and Minnesota Department of Transportation and
comply with their conditions of approval.
This condition has been transferred to CSM's site plan permit since no work will be
performed by DataServ.
6. The appropriate drainage and utility easements should be dedicated on the final plat for all
utilities and ponding areas lying outside the right -of -way. The easement width shall be a
minimum of 20 feet wide. Consideration shall also be given for access for maintenance of
the ponding areas.
This condition has been modified to read: A temporary drainage easement shall be
dedicated to the city over the southerly drainage ditch on Lot 1, Block 1. The
temporary easement shall run until the permanent storm drainage system can be
Chanhassen East Business Center
Final Plat and Amendment of Site Plan Approval
May 1, 1996
Page 3
incorporated with the replatting of Lot 1, Block 2. Final grading shall be in
accordance with the plans prepared by RLK dated 4/15/96.
7. The applicant shall dedicate on the final plat the necessary right -of -way for the upgrade of
Dell Road.
This condition is being met with the filing of the plat. However, a trail easement is
also necessary along the east 5 feet of Lot 1, Block 1.
8. The site with the DataSery building shall be shown on the plat as Lot 1, Block 2.
This condition has been met.
9. The applicant shall dedicate cross - access easements over:
a. Lots 1 and 2, Block 1,
This condition will be transferred to the CSM site plan permit /agreement.
b. Lot 2, Block 1 and Outlot A.
This condition will be transferred to the CSM site plan permit /agreement.
The City Council also approved Site Plan Review #95 -18 as shown on the site plan received
October 2, 1995, subject to the following conditions:
1. The materials used to screen the trash enclosure shall be the same type of brick used on
the building.
This condition is still applicable.
2. Signage criteria:
a. Each building shall share one monument sign. Monument signage shall be
subject to the monument standards in the sign ordinance.
b. Wall signs are permitted on no more that 2 street frontages as shown on sign plan
dated November 1, 1995.
C. All signs require a separate permit.
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Chanhassen East Business Center
Final Plat and Amendment of Site Plan Approval
May 1, 1996
Page 4
d. The signage will have consistency throughout the development and add an
architectural accent to the building.
e. Consistency in signage shall relate to color, size, materials, and heights.
f. No illuminated signs within the development may be viewed from the residential ('
section south and west of the site. Signage on the west side of the building will be
allowed or declined based on visibility to the neighborhood residents, and II
consistent with the city's sign ordinance.
g. Back -lit individual letter signs are permitted.
h. Individual letters may not exceed 2 feet in height, and logos shall not exceed 30
inches in height and consistent with the standards for the signage.
i. Only the name and logo of the business occupying the unit will be permitted on I �
the sign.
j. The applicant must obtain a sign permit prior to erecting the signs on site. One
stop sign must be posted on the driveway at the exit point of both sites. A
detailed sign plan incorporating the method of lighting, acceptable to staff should
be provided prior to requesting a sign permit. a
k. Signage on building 1 shall be limited to the north and east elevations. Signage
on building 2 shall be limited to the north and west elevations. a
This condition is still applicable.
3. Screening of truck loading area along East Lake Drive must be increased to include �I
coniferous double row screening the entire length of the dock area.. Screening may
include berms, ornamental, and evergreen trees, An extended peninsula parallel to the
entryway may also be considered on the condition that it does not impede truck access to
the loading areas. The applicant must provide perimeter coniferous landscaping in the Q
east parking lot, along Dell Road.
The applicant submitted revised construction plans that reflect all these changes.
Therefore, this condition is no longer applicable.
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Chanhassen East Business Center
Final Plat and Amendment of Site Plan Approval
May 1, 1996
Page 5
4. The applicant shall enter into a site plan contract with the city and provide the necessary
financial securities as required for landscaping.
This condition will be met prior to recording of the plat. CSM will be responsible
for the financial security.
5. Fire Marshal conditions:
a. Additional fire hydrants will be required. One fire hydrant must be relocated.
Contact Fire Marshal for exact changes and modification.
b. "No Parking Fire Lane" signage and yellow curbing must be provided. Contact
Fire Marshal for exact "Fire Lane" areas.
C. P.I.V. (Post Indicator Valves) must be installed. Show on utility plans.
d. A ten foot clear space must be provided around fine hydrants.
This condition is still applicable.
6. Concurrent with the building permit, a detailed lighting plan meeting city standards shall
be submitted.
This condition is still applicable.
7. Meet with the Building Official as requested in his attached memo to discuss.
This condition is still applicable.
8. The applicant will need to develop a sediment and erosion control plan in accordance with
the City's Best Management Practice Handbook and the Surface Water Management Plan
requirements for new developments. The building setback line and erosion control fencing
shall be denoted on the final grading and drainage plans prior to final plat approval. The
plan shall be submitted to the City for review and formal approval.
The applicant has submitted revised plans complying with this condition.
9. All areas disturbed as a result of construction activities shall be immediately restored with
seed and disc - mulched or wood -fiber blanket or sod within two weeks of completion of
each activity in accordance with the City's Best Management Practice Handbook.
L 7
Chanhassen East Business Center
Final Plat and Amendment of Site Plan Approval
May 1, 1996
Page 6
This condition is still applicable.
10. The applicant shall upgrade /extend Dell Road south of Lake Drive East to the south City
limits as well as install a storm drainage system from Lake Drive East to the regional pond
site. All public utility and street improvements shall be constructed in accordance with the
latest edition of the City's Standard Specifications and Detail Plates. Detailed street and
utility plans and specifications shall be submitted for staff review and City Council
approval. The private utilities will be inspected by the City's Building Department. The
applicant and/or builder shall be responsible for obtaining the necessary permits from the
City.
This condition has been partially met and shall read as follows: The applicant shall II
upgrade /extend Dell Road south of Lake Drive East to the south City limits in
accordance with Plan D. The private utilities will be inspected by the City's Building
Department. The applicant and /or builder shall be responsible for obtaining the I'
necessary permits from the City.
IL The applicant shall provide detailed storm sewer calculations for 10 -year and 100 -year I�
storm events and provide ponding calculations for stormwater ponds in accordance with the
City's Surface Water Management Plan for the City Engineer to review and approve prior to a
final plat approval. The applicant shall provide detailed pre - developed and post developed
stormwater calculations for 100 -year storm events and normal water level and high water
level calculations in existing basins, created basins, and or creeks. Individual storm sewer
calculations between each catch basin segment will also be required to determine if
sufficient catch basins are being utilized. In addition, water quality ponding design
calculations shall be based on Walker's Pondnet model.
This condition has been met.
12 pp
The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i.e. Carver County, Watershed District, Metropolitan Waste Control Commission, Health
Department, Minnesota Pollution Control Agency, Minnesota Department of Natural
Resources, Army Corps of Engineers and Minnesota Department of Transportation and
comply with their conditions of approval.
This condition is still applicable.
13. No berming or landscaping will be allowed within the right -of -way.
This condition is still applicable. I
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Chanhassen East Business Center
Final Plat and Amendment of Site Plan Approval
May 1, 1996
Page 7
14. The lowest floor elevation of all buildings adjacent to wetlands and storm ponds shall be a
minimum of 2 feet above the 100 -year high water level.
This condition is still applicable.
15. A regional water quality and water quantity pond shall be provided on site to pretreat
stormwater runoff prior to discharging under Dell Road into the Eden Prairie wetland. The
proposed stormwater pond must have side slopes of 10:1 for the first ten feet at the normal
water level and no more than 3:1 thereafter or 4:1 throughout for safety purposes. The
stormwater pond shall be designed to 60% to 75% phosphorus removal efficiently. A
landscape plan providing upland and wetland plants to naturally blend into the landscape is
recommended.
This condition is no longer applicable since a regional pond is being constructed.
' 16
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Existing wells and/or septic systems on site will have to be properly abandoned in
accordance to City and Minnesota Department of Health codes /regulations.
This condition is still applicable.
17. The proposed commercial development of 21.3 acres of which 10.23 acres are being
developed shall be responsible for a water quantity and quality connection charges in
accordance with the City's Surface Water Management Plan. These fees are payable to the
City prior to the City filing the final plat. The final water quality and quantity connection
fees will be determined based on final construction drawings.
The applicant will be eligible for water quality credits by constructing a regional
NURP pond on site.
18. The applicant shall report to the City Engineer the location of any drain tiles found during
construction and shall re- locate or abandon the drain tile as directed by the City Engineer.
This condition is still applicable.
19. The installation of traffic signals at the intersection of Lake Drive East and Dell Road is
expected in the future. The developer shall be responsible or share the local cost
participation of this signal on a percentage basis based upon traffic generation from full
development of this site in relation to the total traffic volume of Dell Road. The traffic
signals, when they meet warrants, will be installed through a City public improvement
Chanhassen East Business Center
Final Flat and Amendment of Site Plan Approval
May 1, 1996
Page 8
project. The developers and/or property owners shall waive any and all procedural and u
substantive objections to the special assessment, including but not limited to hearing
requirements and any claim that the assessment exceeds the benefit to the properties. a
This condition is still applicable.
20. All roof top equipment must be screened in accordance with city ordinances.
This condition is still applicable.
21. The parking area for Lot 2 shall maintain a 10 foot side yard setback along the west edge of
the property.
This condition is still applicable.
ANALYSIS
The applicant is requesting final plat approval to subdivide 61.6 acres into three lots and one
outlot. Lots 1 and 2, Block 1, will contain office /warehouse buildings. Outlot A will be reserved
for future development. The westerly portion of Lot 1, Block 2 contain the DataSery building,
while the easterly portion of the site is proposed to contain a pond. The subdivision request is a
relatively straightforward action. The following easements are illustrated on the plat:
1. Standard drainage and utility easements around the perimeter of all lots.
2. Dedication of public right -of -way for Dell Road. I
3. Dedication of drainage and utility easements over ponds and drainage ways.
The differences between the ry
relimina and final plat is the elimination of Outlot B. Originally, �I
P
the applicant had intended to plat this area as an outlot containing the pond and keeping it
separate from Lot 1, Block 2. DataSery will retain Lot 1, Block 2 and is proposing to incorporate
the pond into their overall plan. Staff agreed to this change since the applicant is dedicating a
drainage easement over the proposed pond with the final plat.
The site is located south of Highway 5 and west of Dell Road. Access to the site is provided
from Lake Drive East which bisects the site.
All of the proposed lots meet the minimum area, width, and depth requirements of the Zoning
Ordinance.
Chanhassen East Business Center
Final Plat and Amendment of Site Plan Approval
May 1, 1996
Page 9
The Park and Recreation Commission is recommending park and trail fees be collected in lieu of
land.
In summary, staff believes that the proposed subdivision is well designed. We are
recommending that it be approved with conditions outlined in the staff report.
COMPLIANCE WITH ORDINANCE - RSF DISTRICT
Lot
Area
Ordinance 1 acre
BLOCK 1
Lot 1 5.43
Lot 2 4.8
Block 2
Lot 1
39.17
Outlot A
11.1 acres
Lot
Width
150'
459.76'
431.15'
2398.43'
TREE PRESERVATION/LANDSCAPING
Lot Building
Depth Setback
200' N -30' E -30'
5 -30' W -30'
482.63' N -120' E -125
S -85' W -30'
482.61' N -120' E -30'
5- 85.33' W -75'
672.49' N -100' E -400'
5 -300' W -200'
The landscaping plan for the CSM Corporation development has been reviewed. The applicant
is providing a total of 166 overstory, ornamental, and evergreen trees. Species selection is
diverse and well- represented by trees that are under utilized in most landscape plantings. The
applicant may want to consider specifying male plants on the plant schedule for two species,
Kentucky coffee tree and Amur corktree. In locations where these trees are planted near a
parking area, a non -seed bearing variety would be appropriate.
Landscaping is proposed along the north, east and west side of Lots 1 and 2, Block 1 to screen
the parking areas. A meandering landscaped berm, 4 to 6 feet in height, is proposed to be
installed along the perimeter of the site.
Chanhassen East Business Center
Final Plat and Amendment of Site Plan Approval
May 1, 1996
Page 10
WETLANDS
A wetland delineation report was prepared by John Anderson with Wetlands Data. He found two
possible wetlands on site. Wetland A is located in the northeast corner and Wetland B is shown
on Outlot A in the plans. After two meetings with the Wetland Conservation Act's designated
technical evaluation panel (TEP), it was determined that Wetland B (noted on the plans) was not I'
jurisdictional. The owner has provided documentation that the wetland has not existed for more
than 20 years because of activities associated with public or private drainage systems. The TEP
also determined that Wetland A does not have the hydrology to define it as a wetland. Therefore, I'
the wetlands on site are exempt from the wetland regulation process and the applicant may fill or
drain them without replacement.
SURFACE WATER MANAGEMENT PLAN (SWMP)
Storm Water Quality and Quantity Fees I'
A regional stormwater pond has been designed for both water quality and quantity on Lot 1,
Block 2. The SWMP has established a water quality connection charge for each new subdivision
based on land use. Dedication shall be equal to the cost of land and pond volume needed for
treatment of the phosphorus load leaving the site. The requirement for cash in lieu of land and
pond construction shall be based upon a schedule in accordance with the prescribed land use
zoning. Values were initially calculated using 1994 market values of land in the City of
Chanhassen plus a value of $2.50 per cubic yard for excavation of the pond. Staff has reviewed the
cost of industrial land and excavation unit prices and adjusted the rates to today's market value.
The total gross area of the site is 39.83 acres. However, only the developable area (10.23 acres) is
subject to the SWMP charges. Since DataSery already exists on Lot 1, Block 2, the SWMP
methodology exempts this lot from the fees. The net developable acres of this phase (Lots 1 and 2,
Block 1) is 10.23 acres which results in a water quality /quantity fee of $91,999.00.
The regional pond will be constructed with CSM's overall site improvements. Credits for the "
oversizing of the pond and trunk storm sewer system are being applied to CSM's SWMP fees.
Attached is a breakdown of the applicant's SWMP fees for the plat (memo dated April 26, 1996).
After applying the credits, CSM has a net credit of $80,838.00 for this phase of development. a
Additional SWMP fees will be applied to future phases. The applicant may wish to apply these
credits towards the site's remaining SWMP fees or the City may issue a check. The City would
remit payment upon completion and acceptance of the storm drainage system and pond.
GRADING & DRAINAGE U
Lots 1 and 2, Block 1 is designed to drain via stormwater pipes that will discharge into the
existing stormwater system in Lake Drive East. CSM will be constructing a regional pond on
' Chanhassen East Business Center
' Final Plat and Amendment of Site Plan Approval
May 1, 1996
Page 11
' Lot 1, Block 2 (DataSery parcel). In addition, the existing storm pond adjacent to DataSery (Lot
1, Block 2) will be relocated and combined with the regional pond. A temporary drainage ditch
will be provided through Lot 1, Block 2 to maintain the neighborhood drainage pattern. A
temporary drainage easement is being required until Lot 1, Block 2 further subdivides and a
permanent storm drainage system is constructed.
In conjunction with the overall site improvements, CSM will also be constructing the remaining
segment of Dell Road, south of Lake Drive East.
' Lots 1 and 2, Block 1 contains remnants from a farm house that will need to be properly
abandoned. A demolition permit from the City's Building Department may be required. A drain
' the also exists through proposed Lot 1, Block 1 to Lake Drive East that may need to be
incorporated into the storm drainage system.
' The grading plan proposes berming along three sides of Lots 1 and 2, Block 1. The grade
difference on the west side of Lot 2, Block 1 prohibits berming. The site to the west (Outlot A)
' will be approximately ten feet higher than the proposed west parking lot on Lot 2, Block 1.
EROSION CONTROL
' Erosion control measures and site restoration plans have been developed in accordance with the
City's Best Management Practice Handbook (BMPH). The final grading plan incorporated erosion
' control fence (Type I) around the perimeter of the grading limits. Rock construction entrances are
proposed at all access points until the driveways and parking lots have been paved with a
bituminous surface. Hay bales and/or silt fence shall be installed around all catch basins until the
' parking lots have been paved. Rock check dams are also proposed along the temporary drainage
ditch to minimize erosion.
' UTILITIES
Individual sewer and water services have been extended to the lots from Lake Drive East. All
' utilities installed outside the City's drainage and utility easements or right -of -way shall be
considered private and not maintained by the City. These utilities will be inspected by the City's
' Building Department. The applicant and/or contractor shall be responsible for obtaining the
appropriate permits from the City's Building Department.
' In conjunction with this development, CSM will be constructing the remaining section Dell Road
south of Lake Drive East to the south city limits. Construction plans and specifications have been
submitted for staff review and City Council approval. Upon review of the plans by the City of
' Eden Prairie and City staff a few minor changes were necessary. The plans were sent back to
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Chanhassen East Business Center
Final Plat and Amendment of Site Plan Approval
May 1, 1996
Page 12
incorporate the changes. Staff requests the City Council grant staff the flexibility to I'
administratively approve the revised plans. No specifications were submitted with the construction
plans. The applicant will need to submit specifications to staff for review and approval. The
specifications are basically straightforward. Since CSM will be constructing these improvements,
many of the conditions of final plat approval were transferred from the development contract to
CSM's site plan permit. Therefore, final plat approval shall be conditioned upon CSM entering
into a site plan agreement with the city and provide the financial security to guarantee construction
of the public improvements and conditions of approval.
STREETS
A final traffic study was prepared and reviewed by the City's traffic consultant, SRF. Based on the
traffic study it appears a traffic signal may be required in the future at Lake Drive East and Dell
Road. The developer shall be responsible for a share of the local cost participation of this traffic
signal on a percentage basis based upon traffic generation from full development of this site in
relation to the total traffic volume of Dell Road. Security to guarantee payment for the developer's
share of this traffic signal for the entire development (Phase I and II) may be required or the
applicant shall agree to waive any and all procedural or substantive objections to the special
I'
assessments for their share of the traffic signal at Dell Road and Lake Drive East including, but not
limited to, hearing requirements and any claim that the assessment exceeds benefit to the property.
The City paid SRF for the traffic study. This study was necessary as a part of the development
review process. The City should be reimbursed by the applicant for this work. The invoice was
$714.77.
('
Detailed construction plans were submitted for review and approval by the City. The City has
already acquired the necessary easements from the upgrading of Dell Road from DataServ. The
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applicant has dedicated on the final plat these easements as right -of -way.
Upon review of the final plat and construction plans for Dell Road, staff found that the existing
sidewalk along the west side of Dell Road is partially outside the right -of -way. Therefore, the
applicant should dedicate a trail easement to the City over the east 5 feet of Lot 1, Block 1. The
City has a standard easement agreement for the applicant to use.
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Chanhassen East Business Center
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Final Plat and Amendment of Site Plan Approval
May 1, 1996
Page 13
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STAFF RECOMMENDATION:
Staff recommends the City Council adopt the following motion:
FINAL PLAT
' The City Council approves the final plat for Subdivision #95 -18 for Chanhassen East Business
Center, CSM Investors, Inc. and DataServ, Inc., as shown on the plans prepared by Sunde Land
Surveying, Inc. received April 11, 1996 and subject to the following conditions:
1. Park and trail dedication fees to be collected per city ordinance. Lot 1, Block 2 shall be
' subject to park and trail fees upon future subdivision of the property.
2. The applicant shall enter into a development contract with the City.
' 3. A temporary drainage easement shall be dedicated to the city over the proposed southerly
p rY g Y p p Y
drainage ditch on Lot 1, Block 2. The temporary easement shall run until the permanent
storm drainage system can be incorporated with the replatting of Lot 1, Block 2. Final
grading shall be in accordance with the plans prepared by RLK and Associates dated
April 15, 1996 for the regional pond on Lot 1, Block 2.
4. The lowest floor elevation of all buildings adjacent to wetlands and storm ponds shall be
' a minimum of 2 feet above the 100 -year high water level.
5. The applicant shall dedicate to the City a trail easement over the east 5 feet of Lot 1, Block
' 1.
6. The developer shall be responsible for a share of the local cost participation of this traffic
' signal on a percentage basis based upon traffic generation from full development of this site
in relation to the total traffic volume of Dell Road. Security to guarantee payment for the
developer's share of this traffic signal for the entire development (Phase I and II) may be
' required or the applicant shall agree to waive any and all procedural or substantive
objections to the special assessments for their share of the traffic signal at Dell Road and
' Lake Drive East including, but not limited to, hearing requirements and any claim that the
assessment exceeds benefit to the property.
I 7. Final plat approval is contingent upon CSM Investors, Inc. entering into the site plan
agreement for Lots 1 and 2, Block 1, Chanhassen East Business Center with the city.
Chanhassen East
Business Center
Final Plat and Amendment of Site Plan Approval �
May 1, 1996
Page 14
8. The developer acknowledges that CSM will be constructing a regional pond on Lot 1,
Block 2 in accordance with the plans prepared by RLK and Associates dated April 15,
1996.
SITE PLAN REVIEW
The City Council approves the site plan review ( #95 -18) for the construction of two 64,000 square "
foot office warehouse buildings as shown on the revised site plan April 22, 1996, prepared by
RLK and Associates and subject to the following conditions: I�
1. The materials used to screen the trash enclosure shall be the same type of brick used on
the building.
2. Signage criteria:
a. Each building shall share one monument sign per lot. Monument signage shall be
subject to the monument standards in the sign ordinance.
b. Wall signs are permitted on no more that 2 street frontages as shown on sign plan
dated November 1, 1995. a
c, All signs require a separate permit.
d. The signage will have consistency throughout the development and add an a
architectural accent to the building.
e. Consistency in signage shall relate to color, size, materials, and heights.
f. No illuminated signs within the development may be viewed from the residential
section south and west of the site. Signage on the west side of the building will be
allowed or declined based on visibility to the neighborhood residents, and
consistent with the city's sign ordinance.
g. Back -lit individual letter signs are permitted. �
h. Individual letters may not exceed 2 feet in height, and logos shall not exceed 30
inches in height and consistent with the standards for the signage. 'I
io Only the name and logo of the business occupying the unit will be permitted on
the sign.
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Chanhassen East Business Center
Final Plat and Amendment of Site Plan Approval
May 1, 1996
Page 15
j. The applicant must obtain a sign permit prior to erecting the signs on site. One
stop sign must be posted on the driveway at the exit point of both sites. A
detailed sign plan incorporating the method of lighting, acceptable to staff should
be provided prior to requesting a sign permit.
k. Signage on building 1 shall be limited to the north and east elevations. Signage
on building 2 shall be limited to the north and west elevations.
3. Fire Marshal conditions:
a. Additional fire hydrants will be required. One fire hydrant must be relocated.
Contact Fire Marshal for exact changes and modification.
b. "No Parking Fire Lane" signage and yellow curbing must be provided. Contact
Fire Marshal for exact "Fire Lane" areas.
C. P.I.V. (Post Indicator Valves) must be installed. Show on utility plans.
d. A ten foot clear space must be provided around fine hydrants.
4. Concurrent with the building permit application, a detailed lighting plan meeting city
standards shall be submitted.
5. Meet with the Building Official as requested in his attached memo to discuss.
6. All areas disturbed as a result of construction activities shall be immediately restored with
seed and disc - mulched or wood -fiber blanket or sod within two weeks of completion of
each activity in accordance with the City's Best Management Practice Handbook.
7. The applicant shall upgrade /extend Dell Road south of Lake Drive East to the south City
limits in accordance with Plan D. The private utilities will be inspected by the City's
Building Department. The applicant and/or builder shall be responsible for obtaining the
necessary permits from the City.
8. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i.e. Hennepin County, Watershed District, Metropolitan Waste Control Commission, Health
Department, Minnesota Pollution Control Agency, Minnesota Department of Natural
Resources, Army Corps of Engineers and Minnesota Department of Transportation and
comply with their conditions of approval.
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Chanhassen East Business Center
Final Plat and Amendment of Site Plan Approval
May 1, 1996
Page 16
u
9. No berming or landscaping will be allowed within the right -of -way.
be in
a
10. Existing wells and/or septic systems on site will have to properly abandoned
accordance to City and Minnesota Department of Health codes /regulations.
11. The applicant shall report to the City Engineer the location of any drain tiles found during
construction and shall re- locate or abandon the drain tile as directed by the City Engineer.
12. The installation of traffic signals at the intersection of Lake Drive East and Dell Road is
expected in the future. The developer shall be responsible or share the local cost
from full
participation of this signal on a percentage basis based upon traffic generation
development of this site in relation to the total traffic volume of Dell Road. The traffic
signals, when they meet warrants, will be installed through a City public improvement
project. The developers and/or property owners shall waive any and all procedural and
substantive objections to the special assessment, including but not limited to hearing
requirements and any claim that the assessment exceeds the benefit to the properties.
13. All roof top equipment must be screened in accordance with city ordinances.
the
14. The parking area for Lot 2, Block 1 shall maintain a 10 foot side yard setback along
west edge of the property.
a
15. If exporting of earthwork materials is necessary, a haul route and traffic control plan shall
be submitted to the City for review and approval.
16. The applicant shall construct the regional pond on Lot 1, Block 2 and storm drainage
system from Dell Road to the regional pond site.
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Attachments
1. Breakdown of SWMP fees dated April 26, 1996.
2. Site Plan Review Permit /Agreement.
3. Final plat dated April 11, 1996.
gAplan \sa \csm.fnl
CITY OF CHANHASSEN
CHANHASSEN EAST BUSINESS CENTER
(CSM SITE PLAN PERMIT - LOTS 1 & 2, BLOCK 1)
PROJECT NO. 95-23
BREAKDOWN OF ADMINISTRATION FEES - 4/26/96
1. 1/3 of Park and Trail Fees for Lots 1 & 2, Block 1 $ 20,460.00
- Total fees are $61,380.00 (10.23 acres at $6,000.00 /acre).
- The balance ($40,920.00) shall be due upon issuance of a
building permit for Lots 1 & 2, Block 1.
2. SWMP Fees in the amount of $91,999 for Lots 1 & 2, Block 1 $ 91,999.00
Total CSM Fees: $112,459.00
Less: SWMP Credits* ($197,302.00)
3. 3% of Public Improvement Costs ($133,500) $ 4,005.00
Net Credits Due CSM: S RQ.R3R.O0
*SWMP CREDIT ALLOCATION:
Excavation Costs: 8 ac. /ft. vol. = 12,904 cubic yards x $2.75 = $35,486.00
Land Costs: 1.6 acres x $98,010 /acre = $156,816.00
Credit for Storm Sewer: $5,000.00 (Dell Road to pond)
Total Ponding Credits: $192,302.00
TOTAL SWMP CREDITS: $197,302.00
(BASED UPON POND CONSTRUCTION PER RLK PLANS
DATED 4/15/96)
TOTAL LAND AREA: 39.83 Acres
CSM LAND AREA: 21.27 Acres
DATASERV LAND AREA: 18.56 Acres
*CSM is to receive all of the credits since they will be constructing the regional pond and Dell
Road storm drainage system.
g: leng\projects�chaneast\fees.doc
1
1- 1-e/, i�A1oG�li % /
F CHANHASSEN
CITY O C S EN S
SITE PLAN PERMIT II
CSM INVESTORS, INC.
LOTS 1 AND 2, BLOCK 1, CHANHASSEN EAST BUSINESS CENTER
SPECIAL PROVISIONS
AGREEMENT dated May 6, 1996, by and between the CITY OF CHANHASSEN, a Minnesota II
municipal corporation, (the "City "), and CSM INVESTORS, INC., a Minnesota corporation (the
'Developer ").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site
plan for CSM Investors, Inc. (referred to in this Permit as the "project "). The land is legally described
on the attached Exhibit "A ".
2. Conditions of Site Plan Approval. The City hereby approves the site plan and
construction plans and specifications for Dell Road south of Lake Drive East within the City limits and a
regional storm pond on Lot 1, Block 2 on condition that the Developer enter into this Permit and
furnish the security required by it.
r hall be developed and maintained in accordance develo I '
3. Development Plans. The project s p
with the following plans. The plans shall not be attached to this Contract. If the plans vary from the
written terms of this Permit, the written terms shall control. The plans are:
Plan A - -Site Plan dated April 22, 1996, prepared by RLK Associates, Ltd. I
Plan B--Grading, Drainage, and Erosion Control Plan for Lots 1 and 2, Block 1 dated April 22, 1996,
prepared by RLK Associates, Ltd. I
Plan C-- Landscaping Plan dated April 22, 1996, prepared by RLK Associates, Ltd.
Plan D-- Construction Plans and Specifications for Dell Road Improvements dated April 15, 1996,
prepared by RLK Associates, Ltd.
Plan E- -Plans and specifications for regional pond on Lot 1, Block 2 dated April 15, 1996, prepared by
RLK Associates, Ltd.
4. Time of Performance. The Developer shall construct Dell Road improvements,
regional pond on Lot 1, Block 2, install all required screening and landscaping by July 1, 1997. The "
Developer may, however, request an extension of time from the City. If an extension is granted, it shall
be conditioned upon updating the security posted by the Developer to reflect cost increases and the
extended completion date. 0
5. Security. To guarantee compliance with the terms of this site plan permit, payment of
the costs of all public improvements, and construction of all public improvements, the Developer shall
Revised 4/26/96
Revised 4/30/96
Revised 5/1/96 I'
furnish the City with a letter of credit from a bank or cash escrow ( "security ") for $245,850.00. The
amount of the security was calculated as 110% of the following:
Site Landscaping ............ ...............................
Site Grading For Regional Pond ....................
.......... ............................... $ 90.000.00
.......... ............................... $ 90.000.00
Storm Sewer, Drainage System, Pond
including cleaning and maintenance ............................................ ..............................$ 15.000.00
Erosion Control/Site Restoration ............................................... ..............................$ 18.500.00
Engineering, surveying, and inspection...........
TOTAL COST OF IMPROVEMENTS....
................... ..............................$ 10.000.00
................. ...............................
6. Notices. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at
the following address:
CSM Investors, Inc.
2575 Uiuversity Avenue West, #150
St. Paul, MN 55114 -1024
Telephone: (612) 646 -1717
Fax: (612) 646 -2404
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed
to the City by registered mail in care of the City Manager at the following address: Chanhassen City
Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (612) 937 -1900.
7. Other Special Conditions.
1. The materials used to screen the trash enclosure shall be the same type of brick used on
the building.
2. Signage criteria:
a. Each building shall share one monument sign per lot. Monument signage shall be
subject to the monument standards in the sign ordinance.
b. Wall signs are permitted on no more that 2 street frontages as shown on sign plan
dated November 1, 1995.
C. All signs require a separate permit.
2
11
e.
f.
9.
h.
i.
J
k.
The signage will have consistency throughout the development and add an
architectural accent to the building.
Consistency in signage shall relate to color, size, materials, and heights.
No illuminated signs within the development may be viewed from the residential
section south and west of the site. Signage on the west side of the building will be
allowed or declined based on visibility to the neighborhood residents, and
consistent with the city's sign ordinance.
Back -lit individual letter signs are permitted.
Individual letters may not exceed 2 feet in height, and logos shall not exceed 30
inches in height and consistent with the standards for the signage.
Only the name and logo of the business occupying the unit will be permitted on the
sign.
The applicant must obtain a sign permit prior to erecting the signs on site. One
stop sign must be posted on the driveway at the exit point of both sites. A
detailed sign plan incorporating the method of lighting, acceptable to staff should
be provided prior to requesting a sign permit.
Signage on building 1 shall be limited to the north and east elevations. Signage on
building 2 shall be limited to the north and west elevations.
3. Fire Marshal conditions:
Q
WR
a. Additional fire hydrants will be required, One fire hydrant must be relocated.
Contact Fire Marshal for exact changes and modification.
b. "No Parking Fire Lane" signage and yellow curbing must be provided. Contact
Fire Marshal for exact "Fire Lane" areas.
C. P.I.V. (Post Indicator Valves) must be installed. Show on utility plans.
d. A ten foot clear space must be provided around fine hydrants.
Concurrent with the building permit application, a detailed lighting plan meeting city
standards shall be submitted.
Meet with the Building Official as requested in his attached memo to discuss.
3
1
r
6. All areas disturbed as a result of construction activities shall be immediately restored with seed
and disc - mulched or wood -fiber blanket or sod within two weeks of completion of each
activity in accordance with the City's Best Management Practice Handbook.
7. The applicant shall upgrade /extend Dell Road south of Lake Drive East to the south City limits
in accordance with Plan D. The private utilities will be inspected by the City's Building
Department. The applicant and/or builder shall be responsible for obtaining the necessary
permits from the City.
8. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e.
Hennepin County, Watershed District, Metropolitan Waste Control Commission, Health
Department, Minnesota Pollution Control Agency, Minnesota Department of Natural
Resources, Army Corps of Engineers and Minnesota Department of Transportation and
comply with their conditions of approval.
9. No berming or landscaping will be allowed within the right -of -way.
10. Existing wells and/or septic systems on site will have to be properly abandoned in accordance
to City and Minnesota Department of Health codes /regulations.
11. The applicant shall report to the City Engineer the location of any drain tiles found during
construction and shall re- locate or abandon the drain tile as directed by the City Engineer.
12. The installation of traffic signals at the intersection of Lake Drive East and Dell Road is
expected in the future. The developer shall be responsible or share the local cost participation
of this signal on a percentage basis based upon traffic generation from full development of this
site in relation to the total traffic volume of Dell Road. The traffic signals, when they meet
warrants, will be installed through a City public improvement project. The developers and /or
property owners shall waive any and all procedural and substantive objections to the special
assessment, including but not limited to hearing requirements and any claim that the assessment
exceeds the benefit to the properties.
13. All roof top equipment must be screened in accordance with city ordinances.
14. The parking area for Lot 2, Block 1 shall maintain a 10 foot side yard setback along the west
edge of the property.
15. If exporting of earthwork materials is necessary, a haul route and traffic control plan shall be
submitted to the City for review and approval.
16. The applicant shall construct the regional pond on Lot 1, Block 2 and storm drainage system
from Dell Road to the regional pond site.
8. General Conditions. The general conditions of the Permit are attached as Exhibit `B"
and incorporated herein.
0
CITY OF CHANHASSEN
1IM
Donald J. Chmiel, Mayor
(SEAL)
Don Ashworth, City Manager
AND:
DEVELOPER:
Its
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of , 19_, by
Donald J. Chmiel, Mayor, and by Don Ashworth, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by
its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
19_ by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
1380 Corporate Center Curve, Suite 317
Eagan, Minnesota 55121
(612) 452 -5000
CONSENT
Owners of all or part of the subject property, the development of which is governed by the foregoing
Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions
as the same may apply to that portion of the subject property owned by them.
Dated this day of , 19_ .
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
19_ , by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
1380 Corporate Center Curve, Suite 317
Eagan, Minnesota 55121
(612) 452 -5000
on
CITY OF CHANHASSEN
SITE PLAN PERMIT
CSM CORPORATION
EXHIBIT "A" 11
LEGAL DESCRIPTION OF PROPERTY I'
Lots 1 and 2, Block 1, Chanhassen East Business Center, Hennepin County, Minnesota.
a
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "B"
GENERAL CONDITIONS
' 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb
the earth, remove trees, construct improvements, or any buildings until all the following conditions
have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City
Clerk, 2) the necessary security and fees have been received by the City, 3) the site plan has been
recorded with the County Recorder's Office of the County where the project is located, and 4) the City
has issued a letter that the foregoing conditions have been satisfied and then the Developer may
proceed.
2. Maintenance of Site. The site shall be maintained in accordance with the approved site plan.
Plants and ground cover required as a condition of site plan approval which die shall be promptly
replaced.
' 3. License. The Developer hereby rants the City, its agents, employees, officers and contractors
P Y g Y g mP ees, o
Y
a license to enter the plat to perform landscaping, site grading, restoration and erosion control, and
inspections deemed appropriate by the City in conjunction with site plan development.
' 4. Erosion Control. Before the site is rough graded, and before any building permits are issued,
the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City
may impose additional erosion control requirements if they would be beneficial. All areas disturbed by
the excavation and backfilling operations shall be reseeded forthwith after the completion of the work
in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to
provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched,
and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's and City's rights or obligations hereunder. No development will be allowed and no building
permits will be issued unless there is full compliance with the erosion control requirements. Erosion
control shall be maintained until vegetative cover has been restored. After the site has been stabilized to
where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize
removal of the erosion control measures.
1 5. Clean Up. The Developer shall maintain a neat and orderly work site and shall daily clean, on
and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted
from construction work by the Developer, its agents or assigns.
' 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall
be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be
I warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall
post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or other security acceptable
to the City to secure the warranties at the time of final acceptance. The Developer's Contractor
warrants all work required to construct Deli Road improvements as shown on Plans D and E against
poor material and faulty workmanship for a period of two years after its completion and acceptance by
the City. The Developer and /or their Contractor(s) shall post maintenance bonds with the City for
100% of the contract costs.
7. Responsibility for Costs. I
A. The Developer shall hold the City and its officers and employees harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from
the City's approval of the site plan or the developer's development of the property. The
Developer shall indemnify the City and its officers and employees for all costs,
damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this
Permit, including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Permit within thirty (30) days after receipt. If the bills are not paid
on time, the City may halt all plat development work and construction. Bills not paid II
within thirty (30) days shall accrue interest at the rate of 8 %n per year.
8. Developer's Default. In the event of default by the Developer as to any of the work to be If
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first given
notice of the work in default, and has failed to cure or undertake and thereafter diligently pursue cure, II
within four (4) days following such notice. This Contract is a license for the City to act, and it shall not
be necessary for the City to seek a Court order for permission to enter the land. When the City does
any such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers Placement of on -site construction trailers and temporary job site
offices shall be approved by the City Engineer. Trailers shall be removed from the
subject property within thirty (30) days following the issuance of a certificate of
occupancy unless otherwise approved by the City Engineer.
B. Postal Service The Developer shall provide for the maintenance of postal service in I�
accordance with the local Postmaster's request.
C, Third Parties Third parties shall have no recourse against the City under this Permit.
9 11
' D. Breach of Contract Breach of the terms of this Permit by P the Developer shall be
grounds for denial of building permits.
E. Severability If any portion, section, subsection, sentence, clause, paragraph, or phrase
of this Permit is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Occupancy Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent basis
until the streets needed for access have been paved with a bituminous surface and the
utilities tested and approved by the city.
1
1
G. Waivers /Amendments The action or inaction of the City shall not constitute a waiver
or amendment to the provisions of this Contract. To be binding, amendments or
waivers shall be in writing, signed by the parties and approved by written resolution of
the City Council. The City's failure to promptly take legal action to enforce this
Contract shall not be a waiver or release.
H. Recording This Permit shall run with the land and may be recorded against the title to
the property.
I. Remedies Each right, power or remedy herein conferred upon the City is cumulative
and in addition to every other right, power or remedy, express or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement,
and each and every right, power and remedy herein set forth or otherwise so existing
may be exercised from time to time as often and in such order as may be deemed
expedient by the City and shall not be a waiver of the right to exercise at any time
thereafter any other right, power or remedy.
Construction Hours The normal construction hours under this contract shall be from
7:00 a.n to 7:00 p.m. on weekdays, from 9:00 a.m. to 5 :00 p.m. on Saturdays, with
no such activity allowed on Sundays or any recognized legal holidays. Operation of all
internal combustion engines used for construction or dewatering purposes beyond the
normal working hours will require City Council approval.
K. Soil Treatment Systems If soil treatment systems are required, the Developer shall
clearly identify in the field and protect from alteration, unless suitable alternative sites
are first provided, the two soil treatment sites identified during the site plan process for
each lot. This shall be done prior to the issuance of a Grading Permit. Any
violation/disturbance of these sites shall render them as unacceptable and replacement
sites will need to be located for each violated site in order to obtain a building permit.
L. Compliance with Laws Ordinances and Regulations In the development of the site
plan the Developer shall comply with all laws, ordinances, and regulations of the
following authorities:
10
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3, United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. Proof of Title Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed
p3,rchasers too enter into this Development Contract.
N. Soil Conditions The Developer acknowledges that the City makes no representations
or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may
make use of such property. The Developer further agrees that it will indemnify, defend, I�
and hold harmless the City, its governing body members, officers, and employees from
any claims or actions arising out of the presence, if any, of hazardous wastes or
pollutants on the property, unless hazardous wastes or pollutants were caused to be
there by the City.
O. Soil Correction The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may
exist.
P. Street Maintenance The Developer and/or Contractor shall be responsible for all
street maintenance in conjunction with the upgrade of Dell Road until the street is
D
accepted by the City. Upon the opening of Dell Road to traffic, the City shall assume
the responsibility for snow plowing. Warning signs shall be placed by the Developer's
Contractor when hazards develop in Dell Road and Lake Drive East to prevent the
public from traveling on them and directing attention to detours. If streets become
impassable, the City may order that such streets shall be barricaded and closed. The
Developer and /or Contractor shall maintain a smooth roadway surface and provide
proper surface drainage.
Q. Improvements The improvements specified in Development Plans D and E of the Site
Plan Permit for CSM Investors, Inc. shall be installed in accordance with City
standards, ordinances, and plans and specifications which have been prepared and
signed by a competent registered professional engineer furnished to the City and
approved by the City Engineer. The Developer shall obtain all necessary permits from
the Metropolitan Waste Control Commission and other agencies before proceeding
with construction. The City will, at the Developer's expense, have one or more
construction inspectors and a soil engineer inspect the work on a full or part -time basis.
The Developer shall also provide a qualified inspector to perform site inspections on a
daily basis. Inspector qualifications shall be submitted in writing to the City Engineer.
The Developer shall instruct its project engineer /inspector to respond to questions from
11 11
' the City ns ector(s) and to make periodic site visits to satin that the construction
Y P P fy is
' being performed to an acceptable level of quality in accordance with the engineer's
design. The Developer or his engineer shall schedule a preconstruction meeting at a
mutually agreeable tune at the City Council chambers with all parties concerned,
including the City staff, to review the program for the construction work. Within sixty
(60) days after the completion of the improvements and before the security is released,
the Developer shall supply the City with the following: (1) a complete set of
' reproducible Mylar as -built plans, (2) two complete sets of blue line as -built plans, (3)
two complete sets of utility tie sheets, (4) location of buried fabric used for soil
stabilization, (5) location stationing and swing ties of all utility stubs, and (6) bench
mark network.
R. Acceptance and Ownership of Improvements Upon completion and acceptance by the
' City of the work and construction required by this Contract, the improvements lying
within public easements shall become City property. After completion of the
improvements, a representative of the contractor, and a representative of the
' Developer's engineer will make a final inspection of the work with the City Engineer.
Before the City accepts the improvements, the City Engineer shall be satisfied that all
work is satisfactorily completed in accordance with the approved plans and
specifications and the Developer and his engineer shall submit a written statement
attesting to same with appropriate contractor waivers. Final acceptance of the public
improvements shall be by City Council resolution.
' S. Claims In the event that the City eceives claims from laborers materialmen or others
Y >
' that work required by this Contract has been performed, the sums due them have not
been paid, and the laborers, materialmen, or others are seeking payment out of the
financial guarantees posted with the City, and if the claims are not resolved at least
ninety (90) days before the security required by this Contract will expire, the Developer
hereby authorizes the City to commence an Interpleader action pursuant to Rule 22,
Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of
credit in an amount up to 125% of the claim(s) and deposit the funds in compliance
with the Rule, and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the letters of credit
' deposited with the District Court, except that the Court shall retain jurisdiction to
determine attorneys' fees.
t T. Landscaping If the landscaping requirements are not satisfied, the City may use the
security to satisfy the requirements. The City may also use the escrowed funds for
maintenance of erosion control pursuant to City Code Section 20 -94 or to satisfy any
' other requirements of this Contract or of City ordinances. These requirements
supplement, but do not replace, specific landscaping conditions that may have been
required by the City Council for project approval.
I gAuseAvicki csm.spa
1 12
CHANHASSEN EAST
KNOW ALL MEN BY THESE PRESENTS: That DATASERV COMPUTER MAINTENANCE, INC., a Minnesota Corporation, owner and proprietor of the following
described property situated in the County of Hennepin, State of Minnesota, to wit:
The North Half of the Northwest Quarter of Section 18, Township 1 16 North, Range 22 West, of the 5th Principal Meridian, except that part embraced within
the right of way of State Highway No. 5 as delinated in Minnesota Department Of Trosportation Right Of Way Plat No. 27 -48 and except the following
described tracts:
1.) The East 60.0 feet of that part of the North Half of the Northwest Quarter of Section 18, Township 1 16, Range 22, Hennepin County, Minnesota lying
Southerly of line segments between points B810 to BI and point BI to B12, as shown on Parcel 202A, MINNESOTA DEPARTMENT OF TRANSPORTATION
RIGHT —OF —WAY PLAT NO. 27 -48, Hennepin County, Minnesota.
2.) A strip of land 60.00 feet in width over and across that part of the North Half of the Northwest Quarter of Section 18, Township 116 North, Range 22
West, Hennepin County, Minnesota. The centerline of said strip of land is described as follows:
Commencing at the Northwest corner of said Section 18; thence South 00 degrees 02 minutes 58 seconds East, assumed bearing, along the West line of
said North Half of Northwest Quarter 614.34 feet to the point of beginning of the centerline to be described; thence Northeasterly 113.62 feet along a
nontangentiol curve, concave to the Northwest, having a radius of 300.00 feet, a central angle of 21 degrees 41 minutes 58 seconds, and the chord of
said curve bears North 51 degrees 32 minutes 47 seconds East; thence Northeasterly and Easterly 264.37 feet along a reverse curve, concave to the
Southeast, having a radius of 300.00 feet and a central angle of 50 degrees 29 minutes 25 seconds; thence South 88 degrees 48 minutes 48 seconds
East 360.00 feet; thence Easterly and Southeasterly 419.22 feet along a tangential curve, concave to the Southwest, having a radius of 750.00 feet and a
central angle of 32 degrees 01 minutes 33 seconds; thence Southeasterly and Easterly 415.65 feet along a reverse curve concave to the Northeast, having
a radius of 750.00 feet and a central angle of 31 degrees 45 minutes 12 seconds; thence South 88 degrees 32 minutes 27 seconds East 984.42 feet to
a point of the East line of said North Half of the Northwest Quarter distant 671.45 feet South of the Northeast corner thereof and said centerline there
terminating.
and including the following described tract:
The North 317 feet of the East 360 feet of the West 1429.34 feet of the North Half of the Northwest Quarter of Section 18, Township 1 16 North, Range 22
West, Hennepin County, Minnesota; which lies southerly of the following described line:
Beginning at Right of Way Boundary Corner B21 as shown on Minnesota Deportment of Transportation Right of Way Plat No. 27 -48 as the same is on file
and of record in the office of the County Recorder in and for said County, thence run Westerly, along the boundary of said plat, on an azimuth of 271
degrees 27 minutes 33 seconds for 183.96 feet to Right of Way Boundary Corner 622; thence on an azimuth of 271 degrees 27 minutes 33 seconds for
360.13 feet to Right of Way Boundary Corner B25 and there terminating.
BUSINESS CENTER
I hereby certify that I have surveyed and platted the property described on this plat as CHANHASSEN EAST BUSINESS CENTER, that this plat is a
correct representation of said survey, that all distances are correctly shown on said plat in feet and hundredths of a foot, that all monuments
have been correctly placed in the ground as shown on said plat, that the outside boundary lines are correctly designated, and that there are no
wetlands as defined in Minnesota Statutes, Section 505.02, Subdivision I, or public highways to be designated on said plat.
Edward H. Sunde, Land Surveyor
Minnesota License No. 8612
STATE OF MINNESOTA
COUNTY OF
The foregoing Surveyor's Certificate was acknowledged before me this
CHANHASSEN, MINNESOTA
day of ____— ______ —, 199 Edward H. Sunde, Land Surveyor.
Notary Public, _ - -_
My Commission Expires
County, Minnesota
This plat of CHANHASSEN EAST BUSINESS
CENTER was approved and
accepted by the City Council of
the City of Chanhassen, Minnesota,
at a regular meeting thereof, held this _____
day of 199___
If applicable, the written
comments and recommendations of
the Commissioner of Transportation and the
County Highway Engineer
have been received by the City
or the prescribed 30 day period has
elapsed without receipt of such comments
and recommendations, as
provided by Minnesota Statutes,
Section 505.03, Subdivision 2.
CITY COUNCIL OF CHANHASSEN, MINNESOTA
BY: _____ _____________ —__ Mayor BY:
TAXPAYER SERVICES DIVISION, Hennepin County, Minnesota
I hereby certify that taxes payable in 199
- - - - - -• 199__.
Has caused the some to be surveyed and platted as CHANHASSEN EAST BUSINESS CENTER and does hereby donate and dedicate to the public, for
public use forever, the easements for drainage and utility purposes only as shown on this plat.
In witness whereof said DATASERV COMPUTER MAINTENANCE, INC., a Minnesota Corporation, has caused these presents to be signed by its proper
officers this day of ____— _________ —, 199__.
DATASERV, INC.
SIGNED:
STATE OF .
COUNTY OF
and
its
The foregoing instrument was acknowledged before me this _______ day of ________ —__, 199__ by _______________ its
and _ _____ ___ _ _____ its _____— __ —__ —__ of said DATASERV COMPUTER MAINTENANCE INC., a Minnesota Corporation, on behalf of said
corporation.
Notary Public,
My Commission Expires
V
wi Eo
Patrick H. O'Connor, Hennepin County Auditor
SURVEY SECTION, Hennepin County, Minnesota
M
Pursuant to MINNESOTA STATUTES, Sec. 3838.565 (1969), this plat has been approved this
Gary F. Caswell, Hennepin County Surveyor BY:
COUNTY RECORDER, Hennepin County, Minnesota
day of
I hereby certify that the within plat of CHANHASSEN EAST BUSINESS CENTER was filed for record in this office this
199-- at __ —__ o'clock __.M.
R. Dan Carlson, County Recorder BY:
day of
Deputy
day of
CITY OF CHANHASSEN
ROOM
APR 1i1996
ENGINEERUM DEPT.
� �i� �1� BII �� ■ :� �I� X11 � �1u� • • � � � G �1� �� ■ �a � .
its
County,
Manager
and prior years have been paid for land described on this plat. Dated this
ty
SHEET I OF 2 SHEETS
�TWP C OR N E R 11, GE SEC (HERN. CO. MON.)
1249.58
h 10.00
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CHANHASSEN EAST
I II/NI It ) \/
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y SANITARY SEWER EASEMENT
[ ] PER DOC. NO. 4960574
[] I IN
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STAR
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HOLE i p = 241'58"
J --` - R = 300.00
N $ _ L = 113.62
( CB = N51 ° 32'47 "E
M I A= 24 ° 23'07"
i 1 1 -- R = 330.00
1 L = 140.45
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SET STAR / • 1
(-DRILL HOLE
SET STAR SOUTH LINE OF THE NORTH-/
317 FEET OF THE NW 1/4 EAST LINE OF THE WEST Y tll
N88 048'48 "W 360.00
/ HOLE R OF SEC. 18 1429.34 FEET OF THE NI /2
-- -- - - -- 7
\ OF THE NW 1/4 OF SEC. 18
00
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PER DOC, NO. 4960574
Z I
N34 0 20'09 "E J
81.73 :T ��
- - - -- 139.07 7
------ -- -------- - -- ---- - - - - --
SW CORNER OFTHE N 1/2 OF
THE NW 1/4 OF SEC. 18
FOUND IRON MONUMENT
%A/ I K I r\ r 1 r 1 r\
YY I 1V V I I L- L_ V
431.15 - -_
A L-
'SO\ _0 A , I - -- -- - - - - -- S88 ° 32' 27 "E
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78 45, L_nf \L_ S88 °32'27 "E
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SUBJECT TO REVIS
BEARING BASIS IS ASSUMED
0 DENOTES ALUMINUM MONUMENT FOUND
(UNLESS OTHERWISE NOTED)
0 DENOTES IRON MONUMENT SET
(UNLESS OTHERWISE NOTED)
BUSINESS CENTER
NORTH LINE OF THE NW 1/4 OF SEC. 18
NE CORNER OF THE NW 1/4
OF SEC. 18 (HENN. CO. M N.) 1
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470.00 ---- -- s ,
n20
373.00
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459.76 -- - - --
9 ----------------- t SET STAR
O DRILL HOLE
567.60 984.43 V I\ I V L - I „
__ - - -- / -- ARIGHT OF WAY vR
888 _ -___.- BOUNDAR CDR. 612
S88 ° 32'27 "E 223.68;' -
+(- 49.33
S48 ° 13'28 "E
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t ro
DRAINAGE AND RIGHT OF WAY 1 I (; )
BOUNDARY COR. B 1 1 0
UTILITY EASEMENT I LIJ L
60 m IJ
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! 60 5
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! -- 233.23 - --- F -
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2398.43 ------------ - - - - -- - --- �'
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SOUTH LINE OF THE NORTH 1/2 SE CORNER OF THE N I/2
R n A r\ n i T 1 n 1 OF THE NW 1/4 OF SEC 18 I <C
V n V V I I I U 1A OF THE NW 1/4 OF SEC. 18 I -
1 A/ I Ki r\ f' I f I r\ A r\ r\ I T I /\ A I
Y Y I I V V I 1 I U 1 v
I CITY OF WOMEN
GRAPHIC SCALE API,� 1 i X996
1 00 D 50 1 00 200 ENGINEERNVG DEPT,
SCALE IN FEET
61%4�'Rjl oil
N
ril \.?n v�
\Iln In if_ ^/\TA r\r FAA - )T \Af (\- T`) AT
IVIII VIYL_l In vL_. nrvllvl Llvl vl I1� Iv.a vrnlnll Iv RIGHT OF WAY LINE PER MNDOT R/W r\IVfl vl Lr l
RIGHT OF WAY LINE PE 27 OT /W PLAT NO. 3 E X C E P T I 0( P T No. S I *27'33"W 03363 / A33 0
,Iw
1613.80 10.00 , S88 ° 32'27 "E a`. - _- _ - -_ -. S88 ° 32'27 "E
1473.80 360.13 - - _ 200.00
RIGHT OF WAYS n ^_ ^ '� 4 _ 0 00- - -
BOUNDARY COR. B25 n n / ]� 97.00 150 -----o
_ RIGHT OF WAY T
BOUNDARY COR. B21 0
P A R C E L 2 RIGHT OF WAY
I 80- 5 1
BOUNDARY COR. B22 / / ~
- 5
DRAINAGE AND
rp UTILITY EASEMENT 5--I
WEST LINE OF THE EAST 360 FEET - (V f
M
SHEET 2 OF 2 SHEETS