2n. Ches Mar Trails: Lot Split/Development Contract, Craig Swaggert.1
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CITY OF �
CHANHASSEN
"
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Action by City Administrator
Endorsers
MEMORANDUM
Aiodified._ a "�
Rejected_, — `
TO:
Don Ashworth, City Manager
4 _
We Submitted to commission
FROM:
Sharmin Al -Jaff, Planner II
9iE Submitted
to Councli
DATE:
December 4, 1996
SUBJ:
Administrative Lot Split and Development Contract for Lot 1, Block 2,
Ches Mar Trails
The Subdivision Ordinance allows administrati
portion of the lot to an abutting lot. Mr. Craig
lot split of a 3.864 acre parcel. The request is t,
combine the 1.29 acre piece with an adjoining]
located off of Highway 41 and is outside the 1M
splits if dividing a platted lot to add a
,ert and Mrs. Tanna Moore have requested a
pff 1.29 acres of the 3.8 acre piece and
property (see attached). The site is
The site currently contains a single
family residence and is zoned PUD. In order"for the smaller (1.29 acre) piece to be subdivided
off, it must be combined with an adjoining`piece so that anon- conforming parcel is not created.
Mr. and Mrs. Merz, the property o xiiers adjacent to the subject site, wish to purchase the 1.29
acre parcel (see attached).
RECOMMENDATION
A.
Staff recommends the City Council approve thetached development contract.
Attachments - Location map
Proposed split
Development contract
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I hereby certify that this survey
prepared under my supervision and
I am a Licensed Land Surveyor and
laws of the State of Minnesota.
CHES MAR TRAILS, according
Carver County, Minnesota,
westerly of the following
ly extension:
)st westerly corner of said Lot
ied bearing of South 70
1 seconds East along the
iid Lot 2 a distance of 298.59
ginning of the line to be
1 19 degrees 32 minutes 12
:e of 86.80 feet; thence North
s 00 seconds East a distance of
theasterly line of said Lot 2 and
ling.
PARCEL B
That part of Lot 1, Block 2, CHES MAR TRAILS, according
to the recorded plat thereof, Carver County, Minnesota,
which lies northeasterly, and easterly of the following
described line and its northerly extension:
Commencing at the most westerly corner of said Lot
2; thence on an assumed bearing of South 70
degrees 40 minutes 00 seconds East along the
southwesterly line of said Lot 2 a distance of 298.59
feet to the point of beginning of the line to be
described; thence North 19 degrees 32 minutes 12
seconds West a distance of 86.80 feet; thence North
23 degrees 00 minutes 00 seconds East a distance of
176.63 feet to the northeasterly line of said Lot 2 and
said line there terminating.
Theodore D. Kemna
Date: /2 - - License No.
G ENERAL NO 7'E 5:
Area,; P,? /c A 5G, 3/.5
or /. 2928 ar.
Parse! )3 - /l2� 001 sg. ft.
or 2.57/2 at'.
M M M M T C, a ee ch f BOO-
CRMPBELL, KNUTSON, SCOTT & FUCHS, P.A Jan 4,96 11:47 No.003 P.02
t
1
CIA M I'BELL, K.N UTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thomas J. Campbell (612) 452 -5000 Andrea McDowell Poclticr
Roger N. Knutson Matthm K. Brokl
Thomwt M. Scou Fax (612) 452 .55.50 John F. Ktdly
Gar C;. FUChs
Y Mttrgucrite M. Mct;<trron
James R. Walston ( V0Tgc 'l . 5tc(�hc'nson
Ellb :+tt 11. Knetsch
January 4, 1996
Ms. Sharmin Al -Jaff
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RF: Lot I, Block 2, CHES Milt TRAILS
- Development Contract with Craig Swaggert, Tanna L. Moore,
John Merz, and Marianne Merz
Dear Sharmin:
Enclosed is the development contract you requested concerning the subdivision of
Lot 1, Block 2, CHES MAR TRAILS.
Very truly yours,
RNK: srn
Enclosure
&. FUCHS, PA.
,SCOTT
Suite 317 • Eagandalc Offic.c. Center • 1380 C cart state. Center Curve 9 Eaf -yan. MN 55121
Roger N. Knutson
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
DEVELOPMENT CONTRACT
AGREEMENT made this day of ,1996, by and
between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City ");
and CRAIG T. SWAGGERT and TANNA L. MOORE, husband and wife ( "Swaggert
and Moore "); and JOHN P. MERZ and MARIANNE MERZ, husband and wife
( "Merz "). "Swaggert and Moore" and "Merz" shall collectively be referred to as
"Developer "),
1. SUBDIVISION REQUEST. The Developer has asked the City to approve
the subdivision of Lot 1, Block 2, CHES MAR TRAILS into two parcels:
PARCEL A
That part of Lot 1, Block 2, CHES MAR TRAILS, according to the recorded
plat thereof, Carver County, Minnesota, which lies southwesterly and
westerly of the following described line and its northerly extension:
Canuneneing at the most westerly corner of said Lot 2; thence on an assumed
bearing of South 70 degrees 40 minutes 00 seconds East along the
southwesterly line of said Lot 2 a distance of 298. S9 feet to the point of
beginning of the line to be described; thence North 19 degree-s 32 minutes 12
seconds West a distance of 86.80 feet; thence North 23 degrees 00 minutes
00 seconds East a distance of 176, 63feet to the northeasterly line of said Lot
2 and said line there terminating,
PARCEL B
That part of Lot 1, Block 2, CHES MAR TRAILS, according to the recorded
plat thereof, Carver County, Minnesota, which lies northeasterly and easterly
of the following described line and its northerly extension:
Commencing at the most westerly corner of said Lot 2; thence on an assumed
bearing of South 70 degrees 40 minutes 00 seconds East along the
southwesterly line of said Lot 2 a distance of 298. S9 feet to the point of
beginning of the line to be described; thence North 19 degrees 32 minutes 12
seconds West a distance of 86.80 feet; thence North 23 degrees 00 minutes
00 seconds East a distance of 176. 63 feet to the northeasterly line of said Lot
2 and said line there terminating.
The City approves the subdivision subject to the terms of this Contract.
2. PARCEL A. Parcel A does not meet minimum lot size requirements under
the City's zoning ordinance. No single family home or other structure may be constructed
on Parcel A. The Developer understands and stipulates that this is a self- created hardship,
that it does not constitute a taking of property, and that the property will not be eligible
to receive a variance to allow building or other use of the property,
33099 CHAN:CHES MAR TRAILS
01/03/96 ii.,t 1 OIL 7 0..14.%
Jan 4,96 11 :47 No.003 P.03 I
1
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.H Jan 4,96 11:48 No.003 P.04
3. COMMON OWNERSHIP REQUIRED. Parcel A shall be kept in
common ownership with Outlot A, CHES MAR FARM.
4. BINDING AGREEMENT. This agreement shall be binding upon the
patties, their heirs, successors, and assigns, and any subsequent owners of Parcel A and
Parcel B.
S. RECORDING. This agreement shall be recorded against the title to Parcel
A and Parcel B and shall run with the land.
CITY OF CHANHA►SSEN
(SEAL)
Donald J. Chmiei, Mayor
AND _
Don Ashworth, City Manager /Clerk
DEVELOPED;
CRAIG T. SWAGGERT
TANNA L. MOORE
JOHN P. MERZ
MARIANNE MERZ
33094 f It
CHAN:CHES MAR TRAILS
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
Jan 4,96 11:49 No.003 P.05 I
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, the Mayor and
City Manager /Clerk 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
COUNTY OF
( ss.
The foregoing instrument was acknowledged before me this day of
, 1996, by CRAIG T. SWAGGERT and TANNA L. MOORE,
husband and wife.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
1996, by JOHN P. MERZ and MARIANNE MERZ, husband and
wife.
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone. (612) 4525000
RNK: srn
33099 CHAN:CHES MAR TRAILS '
01/03/96
DEVELOPMENT CONTRACT
AGREEMENT made this day of , 1996, by and
between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City");
' and CRAIG. T. SWAGGERT and TANNA L. MOORE, husband and wife ( "Swaggert
and Moore ") and JOHN P. MERZ and MARIANNE MERZ, husband and wife
' ( "Merz "). "Swaggert and Moore" and "Merz" shall collectively be referred to as
"Developer ").
1. SUBDIVISION REQUEST. The Developer has asked the City to approve
the subdivision of Lot 1, Block 2, CHES MAR TRAILS into two parcels:
PARCEL A
That part of Lot 1, Block 2, CBES MAR TRAILS, according to the recorded
plat thereof, Carver County, Minnesota, which lies southwesterly and
' westerly of the following described line and its northerly extension:
Commencing at the most westerly corner of said Lot 2; thence on an assumed
' bearing of South 70 degrees 40 minutes 00 seconds East along the
southwesterly line of said Lot 2 a distance of 298 59 feet to the point of
beginning of the line to be described, thence North 19 degrees 32 minutes 12
seconds West a distance of 86.80 feet,: thence North 23 degrees 00 minutes
00 seconds East a distance of 176.63 feet to the northeasterly line of said Lot
2 and said line there terminating.
' PARCEL B
That part of Lot 1, Block 2, CBES MAR TRAILS, according to the recorded
plat thereof, Carver County, Minnesota, which lies northeasterly and easterly \
' of the following described line and its northerly extension:
I - 4-
3. COMMON OWNERSHIP REQUIRED. Parcel A shall be kept in
common ownership with Outlot AV, CHES MAR!p€"
v� • •+ sr>s+:asS S'r?•� +r, it.: Sri:`. S;'•. t�:.::' 6xxf. �. o}.<>., Siu:', fi•; is :+,Y; }Y,.. ^,.ri3:•NS.>Sf:•!3'.9' niAbJc
' �`+`� ?vp' S`.�`.fA� . .•` t . +yr k • >k .. +5.'•: �+Z•.�y .,.. t Y
'�''• �;kwt� .�Ys''+tS
40' BINDING AGREEMENT. This agreement shall be binding upon the
' parties, their heirs, successors, and assigns, and any subsequent owners of Parcel A and
Parcel B.
' 5. RECORDING. This agreement shall be recorded against the title to Parcel
A and Parcel B and shall run with the land. •
CITY OF CHANHASSEN
' BY:
Donald J. Chmiel, Mayor
(SEAL)
' AND
Don Ashworth, City Manager /Clerk
' DEVELOPER:
' CRAIG T. SWAGGERT
TANNA L. MOORE
JOHN P. MERZ
MARIANNE MERZ
1
33099:01/03/96
CHAN:CHES MAR TRAILS
2
' RNURL01 /08/96
(Lot 1, BLk 2, Split)
�
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, the Mayor and
City Manager /Clerk 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
CK6I "JU -KON
( ss.
The foregoing instrument was acknowledged before me this day of
, 1996, by CRAIG T. SWAGGERT and TANNA L. MOORE,
husband and wife.
' NOTARY PUBLIC
' STATE OF MINNESOTA ) i
( ss.
COUNTY OF ) \
The foregoing instrument was acknowledged before me this day of
1996, by JOHN P. MERZ and MARIANNE MERZ, husband and
wife.