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3. Vacation of Conservation and Preservation Easements in The Meadows at LongacresI 1 7— L CITY OF 5 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Don Ashworth, City Manager FROM: Kate Aanenson, AICP, Planning Director DATE: October 14, 1994. SUBJ: Vacation of Conservation and Preservation Easements in The Meadows at Longacres AWN by City Adminlem of 5hdors Nodi%e Rejeete `i A We Submitted to Commission Date Submitted to Council iG -,;,g ? BACKGROUND The Meadows at Longacres was given final plat approval on May 9, 1994. At that time, approval was given for a combined wetland conservation and tree preservation easement. Consequently, when the City Council approved The Woods at Longacres, two separate easements were approved; one for the wetland conservation and one for the preservation of the trees. The reason that the two easements were separated was that they have different restrictions and we felt it was appropriate to leave them separate. Mike Pflaum of Lundgren Bros. is requesting that The Meadows at Longacres be amended to include the preservation and conservation easements separately. Staff concurs with this request and is recommending approval. All lots will still have the same easements on them, although they will be called out separately. ANALYSIS The action before you is requesting the vacation of the conservation easement and implementation of a preservation easement and wetland conservation easement. All existing conservation easements on the plat will be removed. °The tree preservations shall be placed on the following: Block 1 Block 2 Block 3 bud B Lot 1.ot 1 Lot 1 Lot 2 Lot 2 Lot 2° Lot 3 Lot 3 u`Lot 4 ,o ;h,.• Lot 6 Lot 10 %Lot 5 :2 Lot II Lot 12 MEMORANDUM 1 Don Ashworth October 14, 1994 Page 2 ' The following lots will have a conservation or a wetland easement on them: Block 1 Block 2 Block 3 Block 4 Block 5 Outlot A Lot 1 Lot 1 Lot 2 Lot 2 Lot 1 Outlot B Lot 2 Lot 2 Lot 4 Lot 3 Lot 2 Lot 3 Lot 3 Lot 5 Lot 3 Lot 6 Lot 10 Lot 4 ' Lot 11 Lot 5 Lot 12 Lot 6 Lot 7 ' Staff has reviewed the conservation, tree preservation agreements and surveys and they are consistent with city requirements. However, staff is requesting the following paragraph be omitted from the 1 Conservation Easement Agreement on Page 1: " 1. Grantor, for itself, its successors and assigns, agrees that the following are prohibited ' in perpetuity on the subject property, except to the extent . . ." The purpose for the request for two separate easement agreements instead of one is the fact that the tree preservation easement allows you to go into that area, whereas, the conservation easement for the wetland does not allow you to go in and use the property. The applicants would like the flexibility in those areas where there is a tree preservation outside of the wetland area to be able to use the area ' under the terms of the easement agreement. Staff concurs with this and is recommending approval. RECOMMENDATION ' Staff recommends the City Council adopt the following motion: "The City Council approves the vacation of the existing conservation easements on the plat for The ' Meadows at Longacres and amend by adding the following: 11 P, The tree preservations shall be placed on the following: ' Block 1 Block 2 Block 3 Oudot B Lot 1 Lot 1 Lot 1 Lot 2 Lot 2 Lot 2 Lot 3 Lot 3 Lot 4 Lot 6 Lot 10 Lot 5 ' Lot 11 Lot 12 11 P, Don Ashworth October 14, 1994 Page 3 The following lots will have a conservation or wetland easement: Block 1 Block 2 Block 3 Block 4 Block 5 Lot 1 Lot 1 Lot 2 Lot 2 Lot 1 Lot 2 Lot 2 Lot 4 Lot 3 Lot 2 Lot 3 Lot 3 Lot 5 Lot 3 Lot 6 Lot 10 Lot 4 Lot 11 Lot 5 Lot 12 Lot 6 Lot 7 ATTACHMENTS Outlot A Outlot B 1. Mutual termination of conservation easements. 2. Second amendment to Declaration of covenants for The Meadows at Longacres. 3. Tree Preservation Easement Agreement for The Meadows at Longacres. 4. Conservation Easement Agreement for The Meadows at Longacres. MUTUAL TERMINATION OF CONSERVATION EASEMENT That certain Conservation Easement dated May 27, 1994 and filed June 2, 1994 as Carver County Recorder Document No. 167719, by and between Lundgren Bros. Construction, Inc. and the City of Chanhassen, is hereby mutually terminated. LUNDGREN BROS. CONSTRUCTION, INC. By: Peter Pflaum, President CITY OF CHANHASSEN By: Donald J. Chmiel, Mayor And Don Ashworth, City Manager DEVELOP/MEAD0WSn7RNIHSMT 9/16/94 1 STATE OF MNIgESOTA County of Hennepin ss. The foregoing instrument was acknowledged before me this day of ' 199, by Peter Pflaum, President of Lundgren Bros. Construction, Inc., a Minnesota corporation, on behalf of the corporation. 01%JINP11U1\. WEr1i1 1l11u1 \v !l\i111 \V TVJJJ -J \. STATE OF M1=SOTA County of Carver SS. The foregoing instrument was acknowledged before me this day of , 199_, by Donald J. Chmiel and by Don Ashworth, respectively the Mayor and 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. J1U1VH1 UAZ VT rr-1t.�Vly 1tu%L11NU 1 -111VV VV 1LAjV1V1j.:1iN 1 THIS INSTRUMENT WAS DRAFTED BY Hugh Maynard, Esq. LUNDGREN BROS. CONSTRUCTION, INC. 935 E. Wayzata Blvd. Wayzata, MN 55391 DEVELOP/MEADOWS / fERN ESMT 9/16/94 2 SECOND AMENDMENT TO DECLARATION OF COVENANTS FOR LONGACRES THIS SECOND AMENDMENT is made this day of , 1994, by Lundgren Bros. Construction, Inc., a Minnesota corporation ( "Developer "). RECITALS 1. The following described real property in Carver County, Minnesota ( "Active Development Area "), is subject to that certain Declaration of Covenants for Longacres, dated May 23, 1994, recorded June 2, 1994 as Carver County Recorder ' Document No. 167720, and on August 17, 1994 as Carver County Registrar of Titles Document No. T -85314 ( "Original Declaration "): L� 1 Lots 1 through 6, Block 1; Lots 1 through 13, Block 2; Lots 1 through 5, Block 3; Lots 1 through 7, Block 4; Lots 1 through 7, Block 5; Outlots A through F; all in THE MEADOWS AT LONGACRES, according to the recorded plat thereof. (All Abstract land) 2. The following described real property in Carver County, Minnesota, was annexed into the Active Development Area by that certain First Amendment to Declaration of Covenants for Longacres, dated 1994 and filed , 1994 as Carver County Recorder Document No. and on August 17, 1994 as Carver County Registrar of Titles Document No. T -85315 ( "First Amendment"): Lots 1 through 13, Block 1, Lots 1 through 4, Block 2; Lots 1 through 7, Block 3; Lots 1 through 6, Block 4; and Outlots A and B; all in THE WOODS AT LONG ACRES, according to the recorded plat thereof. (All Torrens land) I DEVELOP/MEADOWS/AME MMM 9/16/94 1 f 3. Pursuant to Article X, Section 4, of the Declaration, the Declaration may be amended by an instrument signed by the Owners owning at least 75% of the Lots and by the holders of first mortgages on at least 75% of the Lots. , 4. As of the date of this Amendment, the Developer owns at least 75% of the platted lots in the Development Property and the Developer now desires to amend the Declaration ' as set forth below. A. CONSERVATION EASEMENTS. ' The conservation easement areas in the MEADOWS AT LONGACRES have been , revised by mutual agreement of the Developer and the City expressed in two recorded instruments separate from this instrument. Therefore, Article III, Section 10.b the Original Declaration is hereby amended by replacing the legal descriptions therein with ' the legal descriptions attached hereto as Exhibit Al. The conservation easement areas in THE WOODS AT LONGACRES have not been changed, so Paragraph I and Exhibit A of the First Amendment are unchanged. , B. TREE PRESERVATION EASEMENTS By separate instrument, the Developer has granted to the City permanent tree preservation easements over portions of various lots in THE MEADOWS AT LONGACRES. Therefore, Article III, Section 10A of the First Amendment is hereby ' amended by adding Exhibit B2 attached to this Second Amendment, so that the tree preservation easement areas include the areas legally described in Exhibit B2. The tree ' preservation easement areas in THE WOODS AT LONGACRES have not been changed, so Exhibit B 1 to the First Amendment is unchanged. C. AMENDMENT LIMITED. ' All provisions of the Declaration remain in full force and effect, except as expressly , amended hereby. IN WITNESS WHEREOF, the Developer has executed this instrument as of the ' day and year first above written. DEVELOPER: LUNDGREN BROS. CONSTRUCTION, INC. ' By Its President Fj DEVELOWN EADOWS /AMENDMNT 9/16/94 2 1 STATE OF MINNESOTA County of Hennepin ss. The foregoing instrument was acknowledged before me this day of 199 by Peter Pflaum, President of Lundgren Bros. Construction, Inc., a Minnesota corporation, on behalf of the corporation. SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT DEVELOP/MEADOWS/AMENDMNr 9116/94 3 CONSENT OF MORTGAGEE Construction Mortgage Investors Co., a Minnesota corporation, as mortgagee of the Active Development Area, hereby consents to the foregoing SECOND AMENDMENT TO DECLARATION OF COVENANTS FOR LONGACRES and agrees to be bound by it. CONSTRUCTION MORTGAGE INVESTORS CO. By Its STATE OF MNNESOTA County of Hennepin ss. The foregoing instrument was acknowledged before me this day of ' 199 by , the of Construction Mortgage Investors Co., on behalf of the corporation. SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT DEVELOP/MEADOWS /ANjENDWT 9/16/94 4 11 CONSERVATION EASEMENT AREAS FOR THE MEADOWS AT LONG ACRES August 19, 1994 ' 1. That part of Lot 2, Block 3, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies easterly of a line drawn from a point on the south line of said Lot 2 distant 163.83 feet westerly from the southeast ' corner of said Lot 2 to a point on the north line of said Lot 2 distant 32.00 feet westerly from the northeast corner of said Lot 2. ' 2. That part of Lot 4, Block 3, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies northwesterly of a line drawn from a point on the northeasterly line of said Lot 4 distant 47.00 feet southeasterly from the most northerly corner of said Lot 4 to a point on the southwesterly line of said Lot 4 distant 81.00 feet southeasterly from the most westerly corner of said ' Lot 4. 3. That part of Lot 5, Block 3, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southeasterly of a line described as r follows: • Beginning at a point on the northeasterly line of said Lot 5 distant 50.00 feet northwesterly from the most easterly corner of said Lot 5; thence on an assumed bearing of South 47 degrees 49 minutes 59 seconds West, parallel with the southeasterly line of said Lot 5, a distance of 80.00 feet; thence southwesterly to a point on the southwesterly line of said Lot 5 distant 32.00 feet northwesterly from the most southerly corner of said Lot 5 and said line there terminating. 4. That part of Lot 2, Block 4, THE MEADOWS AT LONGACRES, according to ' the recorded plat thereof, which lies northeasterly of a line described as follows: ' Commencing at the most northerly corner of said Lot 2; thence on an assumed bearing of South 46 degrees 19 minutes 32 seconds West, along the northwesterly line of said Lot 2, a distance of 58.50 feet, to the point of beginning of the line to be described; thence South 63 degrees 54 minutes 15 seconds East a distance of 27.00 feet; thence southeasterly, to a point on the northeasterly line of said Lot 2 distant 66.00 feet southeasterly from said most northerly comer and said line there terminating. � EXHIBIT Al 10{ s 1 Y. j LA 5. That part of Lot 3, Block 4, THE MEADOWS AT LONGACRES according to ' the recorded plat thereof, which lies northeasterly of a line described as ' follows: Commencing Y at the most easterly corner of said Lot 3; thence on an ' assumed bearing of South 46 degrees 19 minutes 32 seconds West, along the southeasterly line of said Lot 3, a distance of 58.50 feet, to i the point of beginning of the line to be described; thence North 63 degrees 54 minutes 15 seconds West a distance of 61.42 feet; thence ' northwesterly, to the northwest corner of said Lot 3 and line there , terminating. 6. Outlot A, THE MEADOWS AT LONGACRES, according to the recorded plat thereof. , 7. That part of Lot 1, Block 1, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southerly and southeasterly of a line described as follows: Commencing at the southwest corner of said Lot 1; thence on an assumed bearing of North 26 degrees 20 minutes 25 seconds West, ' along the southwesterly line of said Lot 1, a distance of 76.00 feet, to the point of beginning of the line to be described; thence South 73 ' degrees 38 minutes 08 seconds East a distance of 167.07 feet; thence ' northeasterly, to a point on the northeasterly line of said Lot 1 distant 78.00 feet northwesterly from the most easterly corner of said Lot 1 and line there terminating. ' said 8. That part of Lot 2, Block 1, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southeasterly of a line drawn from a point on the southwesterly line of said Lot 2 distant 78.00 feet northwesterly from the most southerly corner of said Lot 2 to a point on the northeasterly line of said ' Lot 2 distant 99.00 feet northwesterly from the most easterly corner of said Lot 2. AT LONGACRES, to 9. That part of Lot 3, Block 1, THE MEADOWS according the recorded plat thereof, which lies southeasterly of a line drawn from a point on the southwesterly line of said Lot 3 distant 99.00 feet northwesterly from the ' most southerly corner of said Lot 3 to a point on the northeasterly line of said Lot 3 distant 75.00 feet northwesterly from the most easterly corner of said Lot 3. � � s y i 10. That part of Lot 6, Block 1, THE MEADOWS LONGACRES, according to the recorded plat thereof, which lies southerly of a line drawn from a point on ' the southwesterly line of said Lot 6 distant 75.00 feet northwesterly from the most southerly corner of said Lot 6 to a point on the easterly line of said Lot 6 distant 32.00 feet northerly from said most southerly corner. 11. That part of Outlot B, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southerly of a line described as follows: ' Commencing at the most northerly corner of said Outlot B; thence on an assumed bearing of South 27 degrees 51 minutes 12 seconds West, along a westerly line of said Outlot B, a distance of 172.62 feet, to the point of beginning of the line to be described; thence North 85 degrees 34 minutes 20 seconds East a distance of 142.64 feet; thence ' southeasterly, to a point on the easterly line of said Outlot B distant 140.00 feet southerly from the northeast corner of said Outlot B and ' said line there terminating. 12. That part of Lot 1, Block 2, THE MEADOWS AT LONGACRES, according to ' the recorded plat thereof, which lies southerly of a line drawn from a point on the westerly line of said Lot 1 distant 140.00 feet southerly from the northwest corner of said Lot 1 to a point on the easterly line of said Lot 1 distant 228.00 feet northerly from the southeast corner of said Lot 1. 13. That part of Lot 2, Block 2, THE MEADOWS AT LONGACRES, according to ' the recorded plat thereof, which lies southerly of a line drawn from a point on the westerly line of said Lot 2 distant 228.00 feet northerly from the southwest corner of said Lot 2 to a point on the easterly line of said Lot 2 distant 224.00 feet northerly from the southeast corner of said Lot 2. 14. That part of Lot 3, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southerly of a line drawn from a point on the westerly line of said Lot 3 distant 224.00 feet northerly from the southwest corner of said Lot 3 to a point on the easterly line of said Lot 3 distant 271.80 ' feet northerly from the southeast comer of said Lot 3. 15. That part of Lot 10, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southerly of a line drawn from a point on the southwesterly line of said Lot 10 distant 37.00 feet northwesterly from the southerly corner of said Lot 10 to a point on the southeasterly line of said Lot 10, distant 52.00 feet northeasterly from said southerly corner. 9 0 f 5 P, 16. That part of Lot 11, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southerly of a line drawn from a point on the northwesterly line of said Lot 11 distant 52.00 feet northeasterly from the most westerly corner of said Lot 11 to a point on the easterly line of said Lot , 11 distant 230.00 feet northerly from the southeast corner of said Lot 11. 17. That part of Lot 12, Block 2, THE MEADOWS AT LONGACRES accordin g to the recorded plat thereof, which lies southerly of a line drawn from a point on the westerly line of said Lot 12 distant 230.00 feet northerly from the southwest , corner of said Lot 12 to a point on the easterly line of said Lot 12, distant 360.96 feet northwesterly from the southeast corner of said Lot 12. , 18. That part of Lot 7, Block 5, THE MEADOWS AT LONGACRES accordin g to the recorded plat thereof, which lies easterly of a line described as follows: , Commencing t the southeast corner o g f said Lot 7, thence on an assumed bearing of South 45 degrees 56 minutes 41 seconds West, along southeasterly line of said Lot 7, a distance of 188.00 feet, to the , point of beginning of the line to be described; thence North 17 degrees_ . 02 minutes 25 seconds East a distance of 54.33 feet; thence northerly, to a point on the northwesterly line of said Lot 7 distant 137.00 feet southwesterly from the northeast corner of said Lot 7 and said line there terminating. ' 19. That part of Lot 6, Block 5, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies easterly of a line described as follows: ' Commencing at the southeast corner of said Lot 6; thence on an assumed bearing of South 65 degrees 16 minutes 03 seconds West, along southeasterly line of said Lot 6, a distance of 137.00 feet, to the point of beginning of the line to be described; thence North 13 degrees 43 minutes 04 seconds West a distance of 33.02 feet; thence ' northeasterly, to a point on the northwesterly line of said Lot 6 distant 107.00 feet westerly from the northeast corner of said Lot 6 and said line there terminating. , 20. That part of Lot 5, Block 5, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies easterly of a line drawn from a point on ' the southerly line of said Lot 5 distant 107.00 feet southwesterly from the southeast corner of said Lot 5 to a point on the northerly line of said Lot 5 distant 79.00 feet southwesterly from the northeast corner of said Lot 5. ¢ of s I 1 t 21. That part of Lot 4, Block 5, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which Iies easterly of a line drawn from a point on the southerly line of said Lot 4 distant 79.00 feet southwesterly from the southeast corner of said Lot 4 to a point on the northerly line of said Lot 4, distant 52.00 feet southwesterly from the northeast corner of said Lot 4. 22. That part of Lot 3, Block 5, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies easterly of a line drawn from a point on the southerly line of said Lot 3 distant 52.00 feet southwesterly from the easterly corner of said Lot 3 to a point on the northerly line of said Lot 3 distant 51.00 feet westerly from said easterly corner. 23. That part of Lot 2, Block 5, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies easterly of a line drawn from a point on the southerly line of said Lot 2 distant 51.00 feet westerly from the southeast corner of said Lot 2 to a point on the northerly line of said Lot 2 distant 67.00 feet westerly from the northeast corner of said Lot 2. 24. That part of Lot 1, Block 5, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies easterly of a line drawn from a point on the southerly line of said Lot 1 distant 67.00 feet westerly from the southeast corner of said Lot 1 to a point on the northerly line of said Lot 1 distant 85.00 feet westerly from the northeast corner of said Lot 1. Ave 6 of5 RESC81PTION FOR: LUndaren B ros, Construction. Inc. Prepared By: TREE PRESERVATION ' EASEMENT AREAS FOR THE MEADOWS AT LONGACRES , August 25, 1994 SCHOELL & MADSON, INC. ENOINEERS • SURVEYORS •PLANNERS $OIL TESTING •ENVIRONMENTAL SERVICES 10000 WATZATA BLVD. 41NN[TONKA. NN. $1343 10131040 -1001 0AX&04/0000 That part of Lot 1, Block 1, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies easterly of the following described line: Beginning at a point on the southerly line of said Lot 1 distant 130.00 feet westerly from the most easterly corner of said Lot 1; thence northeasterly to a point on the northeasterly line of said Lot 1 distant 123.00 feet northwesterly from the most easterly corner of said Lot 1. 2. That part of Lot 2, Block 1, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southeasterly of the following described line: Beginning at a point on the southwesterly line of said Lot 2 distant 123.00 feet northwesterly from the most southerly corner of said Lot 2; thence northeasterly to a point on the northeasterly line of said Lot 2 distant 121.00 feet northwesterly from the most easterly corner of said Lot 2. 3. That part of Lot 3, Block 1, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southeasterly of the following described line: Beginning at a point on the southwesterly line of said Lot 3 distant 121.00 feet northwesterly from the most southerly comer of said Lot 3; thence northeasterly to a point on the northeasterly line of said Lot 3 distant 119.19 feet northwesterly from the most easterly corner of said Lot 3. 4. That part of Lot 6, Block 1, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southwesterly of the following described line: Beginning at a point on the northwesterly line of said Lot 6 distant 63.00 feet northeasterly from the most westerly corner of said Lot 6; thence southeasterly to a point on the southeasterly line of said Lot 6 distant 87.00 feet northeasterly from the most southerly corner of said Lot 6. EXHIBIT 13 2 DESCRIPTION FOR: Lundgren Bros. Construction, Inc. 160120 -007 Prepared By: ' SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES 18g:6 WAYZATA BLVD. MINNETONKA. UN. 8843 1,121 $44-1901 PAX&O44 -0005 5. That part of Lot 1, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southerly of the following described line: Beginning at a point on the westerly line of said Lot 1 distant 140.00 feet southerly from the northwest corner of said Lot 1; thence easterly to a point on the east line of said Lot 1 distant 130.00 feet southerly from the northeast corner of said Lot 1. 6. That part of Lot 2, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southerly of the following described line: Beginning at a point on the westerly line of said Lot 2 distant 130.00 - ' feet southerly from the northwest corner of said Lot 2; thence easterly to a point on the east line of said Lot 2 distant 138.00 feet southerly from the northeast corner of said Lot 2. 7. That part of Lot 3, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southerly of the following described line: Beginning at a point on the westerly line of said Lot 3 distant 138.00 feet southerly from the northwest corner of said Lot 3; thence southeasterly to a point on the east line of said Lot 3 distant 220.00 feet southerly from the northeast corner of said Lot 3. ' 8. That part of Lot 1, Block 3, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies northerly of the following described line: Beginning at a point on the northerly line of said Lot 1 distant 64.69 feet easterly from the northwest corner of said Lot 1; thence southeasterly to a point on the east line of said Lot 1 distant 15.00 feet southwesterly from the northeast corner of said Lot 1. 1 DESCRIPTION FOR: Lundgren Bros. Construction. Inc. Prepared By: ' SCHOELL & MADSON, INC. ENGIN ERRS •SURVEYORS •PLANNERS SOIL TESTING •ENVIRONMENTAL SERVICES 10100 WAYZATA ILVG. MINNETONKA, MN. /1212 10/21140 -7001 ►Alf 100 -1001 9. That part of Lot 2, Block 3, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies easterly of the following described line: Beginning at the northwest corner of said Lot 2; thence on an assumed bearing of South 40 degrees 29 minutes 57 seconds West along the westerly line of said Lot 2 a distance of 15.00 feet; thence South 9 degrees 08 minutes 56 minutes East a distance of 129.03 feet; thence South 14 degrees 36 minutes 02 seconds West a distance of 78.00 feet to the southerly line of said Lot 2 and said line there terminating. 10. That part of Lot 4, Block 3, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies westerly of the following described line: Beginning at the most southerly corner of said Lot 4; thence northerly to a point on the northwesterly line of said Lot 4 distant 26.00 feet northeasterly from the most westerly corner of said Lot 4. 11. That part of Lot 5, Block 3, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southwesterly of the following described line: Beginning at a point on the westerly line of said Lot 5 distant 90.00 feet northerly from the southwest corner of said Lot 5; thence southeasterly to a point on the southeasterly line of said Lot 5 distant 46.00 feet northeasterly from the most southeast corner of said Lot 5. 1 1 } DESCRIPTION FOR: Lundgren Bros, Construction. Inc. 160120 -007 Prepared By: ' SCHOELL & MADSON, INC. ENGINEERS• SURVEYORS• PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES 10000 WAYZATA BLVD MINNETONKA. MX. 50703 10131 H5 -7601 FAXI /49-0005 12. That part of Outlot B, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southwesterly and westerly of the following described line: 13. That part of Lot 10, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southwesterly and westerly of the following described line: Commencing at the northwest corner of said Lot 10; thence on an assumed bearing of South 4 degrees 17 minutes 38 seconds East along the west line of said Lot 10 a distance of 38.00 feet to the point of ' beginning of the line to be described; thence South 62 degrees 15 minutes 37 seconds East a distance of 148.35 feet; thence South 14 degrees 26 minutes 56 seconds East a distance of 44.88 feet to the south line of said Lot 10 and said line there terminating. 1 14. That part of Lot 11, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southerly, westerly, southwesterly and northwesterly of the following described line: Beginning at the northwest corner of said Lot 11; thence on an assumed bearing of North 70 degrees 10 minutes 02 seconds East along the north line of said Lot 11 a distance of 138.75 feet; thence South 14 degrees 26 minutes 56 seconds East a distance of 55.08 feet; thence South 53 degrees 05 minutes 48 seconds East a distance of 117.69 feet to the southeasterly line of said Lot 11; thence South 18 degrees 57 minutes 34 seconds West along said southeasterly line a distance of 285.00 feet to the most southerly corner of said Lot 11 and said line there terminating. Beginning at the southeast corner of said Outlot B; thence on an assumed bearing of North 4 degrees 17 minutes 38 seconds West along the east line of said Outlot B a distance of 267.73 feet; thence North 39 degrees 10 minutes 04 seconds West a distance of 89.78 feet; thence North 8 degrees 03 minutes 06 seconds East a distance of 78.71 feet to ' the north line of said Outlot B and said line there terminating. 13. That part of Lot 10, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southwesterly and westerly of the following described line: Commencing at the northwest corner of said Lot 10; thence on an assumed bearing of South 4 degrees 17 minutes 38 seconds East along the west line of said Lot 10 a distance of 38.00 feet to the point of ' beginning of the line to be described; thence South 62 degrees 15 minutes 37 seconds East a distance of 148.35 feet; thence South 14 degrees 26 minutes 56 seconds East a distance of 44.88 feet to the south line of said Lot 10 and said line there terminating. 1 14. That part of Lot 11, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southerly, westerly, southwesterly and northwesterly of the following described line: Beginning at the northwest corner of said Lot 11; thence on an assumed bearing of North 70 degrees 10 minutes 02 seconds East along the north line of said Lot 11 a distance of 138.75 feet; thence South 14 degrees 26 minutes 56 seconds East a distance of 55.08 feet; thence South 53 degrees 05 minutes 48 seconds East a distance of 117.69 feet to the southeasterly line of said Lot 11; thence South 18 degrees 57 minutes 34 seconds West along said southeasterly line a distance of 285.00 feet to the most southerly corner of said Lot 11 and said line there terminating. DESCRIPTION FOR: Lundgren Bros. Construction, Inc._ Prepared By: ' ' SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS $OIL TESTING • ENYIRONNI TAL SERVICES 1065E WAYZATA BLVD. YI MN ETONKA. MN. 96343 total M —tact ►A %t 344 -1664 15. That part of Lot 12, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southerly of the following described line: Beginning at a point on the northwesterly line of said Lot 12 distant 285.00 feet northeasterly from the most westerly corner of said Lot 12; thence easterly to a point on the southwesterly line of Lot 13, Block 2 in said plat distant 5.00 feet northwesterly of the most southerly corner of said Lot 13. t Date: August 25, 1994 Ri hard J. Williams�Jr,. Land eyor MN Lic. No. 19840 i 1 LJ n '1 1 1 CONSERVATION EASEMENT AGREEMENT FOR THE MEADOWS AT LONGACRES THIS INSTRUMENT made this day of , 1994, by and between LUNDGREN BROS. CONSTRUCTION, INC., a Minnesota corporation, ( "Grantor ") and the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City") WITNESSETH: The Grantor, for good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, grants unto the City a permanent conservation easement for the purposes set forth in this Instrument, over, under, and across the premises described in the attached Exhibit A ( "subject property"). 1. Grantor, for itself, its successors and assigns, agrees that the following are prohibited in perpetuity on the subject property, except to the extent Grantor or the City must engage in these activities in order to complete site grading and construction of trails, sanitary sewers, watermains, storm sewers and drainage improvements, streets and residential improvements, in conformance with plans approved by the City, pursuant to that certain Development Contract and Planned Unit Development Agreement by and between the City and Grantor, dated May 9, 1994, recorded June 2, 1994, in the office of the Carver County Recorder as Document No. 167712: a) Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, clothesline poles, and playground equipment. I DEVELOP/MEADOWS /CONSESMT 9/16/94 1 And Don Ashworth, City Manager I � DEVELOP/MBADOWS /CONSESMT 9/16194 2 1 b) Cutting, removing, or altering trees or other vegetation, except for noxious weed control by or as directed by a governmental agency. Excavation filling. c) or d) Application of fertilizers, whether natural or chemical. e) Application of chemicals for the destruction or retardation of vegetation. fl The deposit of waste, yard waste, or debris. g) The application of herbicides, pesticides or insecticides, except for noxious weed control by or as directed by a governmental agency. h) Outside storage of any kind. i) Activity detrimental to the preservation of the scenic beauty, vegetation and wildlife. , 2. Grantor, for itself, its successors and assigns, further grants the City the affirmative right, but not the obligation to do the following on the r subject property: , a Enter upon the subject property at any time to enforce compliance with the terms of this Instrument. GRANTOR: LUNDGREN BROS. CONSTRUCTION, INC. By: Peter Pflaum, President CITY OF CHANHASSEN By: Donald J. Chmiel, Mayor And Don Ashworth, City Manager I � DEVELOP/MBADOWS /CONSESMT 9/16194 2 1 STATE OF MINNESOTA County of Hennepin ss. The foregoing instrument was acknowledged before me this day of 199 by Peter Pflaum, President of Lundgren Bros. Construction, Inc., a Minnesota corporation, on behalf of the corporation. SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT STATE OF M =SOTA County of Carver ss. The foregoing instrument was acknowledged before me this day of , 199_, by Donald J. Chmiel and by Don Ashworth, respectively the Mayor and 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. SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT THIS INSTRUMENT WAS DRAFTED BY Hugh Maynard, Esq. LUNDGREN BROS. CONSTRUCTION, INC. 935 E. Wayzata Blvd. Wayzata, MN 55391 DEVELOWNIEADOWS /CONSESMr 9/16/94 3 Y t CONSERVATION EASEMENT AREAS FOR THE MEADOWS AT LONG ACRES August 19, 1994 1. That part of Lot 2, Block 3, THE MEADOWS AT LONGACRES, according to y, the recorded plat thereof, which lies easterly of a line drawn from a point on the south line of said Lot 2 distant 163.83 feet westerly from the southeast corner of said Lot 2 to a point on the north line of said Lot 2 distant 32.00 feet westerly from the northeast corner of said Lot 2. 2. That part of Lot 4, Block 3, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies northwesterly of a line drawn from a point on the northeasterly line of said Lot 4 distant 47.00 feet southeasterly from the , most northerly corner of said Lot 4 to a point on the southwesterly line of said Lot 4 distant 81.00 feet southeasterly from the most westerly corner of said Lot 4. 3. That part of Lot 5, Block 3, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southeasterly of a line described as follows: there terminating. Beginning at a point on the northeasterly line of said Lot 5 distant 50.00 , feet northwesterly from the most easterly corner of said Lot 5; thence on an assumed bearing of South 47 degrees 49 minutes 59 seconds West, parallel with the southeasterly line of said Lot 5, a distance of 80.00 feet; thence southwesterly to a point on the southwesterly line of said Lot 5 distant 32.00 feet northwesterly from the most southerly corner of said Lot 5 and said line there terminating. 4. That part of Lot 2, Block 4, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies northeasterly of a line described as follows: Commencing at the most northerly corner of said Lot 2; thence on an assumed bearing of South 46 degrees 19 minutes 32 seconds West, along the northwesterly line of said Lot 2, a distance of 58.50 feet, to the point of beginning of the line to be described; thence South 63 degrees 54 minutes 15 seconds East a distance of 27.00 feet; thence southeasterly, to a point on the northeasterly line of said Lot 2 distant 66.00 feet southeasterly from said most northerly corner and said line there terminating. RIBIT A i l 5. That part of Lot 3, Block 4, THE MEADOWS AT LONGACRES according to the recorded plat thereof, which lies northeasterly of a line described as follows: Commencing t the most easterly corner of said Lot 3• thence on an 9 Y , assumed bearing of South 46 degrees 19 minutes 32 seconds West, along the southeasterly line of said Lot 3, a distance of 58.50 feet, to the point of beginning of the line to be described; thence North 63 degrees 54 minutes 15 seconds West a distance of 61.42 feet; thence northwesterly, to the northwest corner of said Lot 3 and line there terminating. 6. ; `. Outlot A, THE MEADOWS AT LONGACRES, according to the recorded plat thereof. i 7. That part of Lot 1, Block 1, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southerly and southeasterly of a line described as follows: Commencing at the southwest corner of said Lot 1; thence on an assumed bearing of North 26 degrees 20 minutes 25 seconds West, along the southwesterly line of said Lot 1, a distance of 76.00 feet, to the point of beginning of the line to be described; thence South 73 degrees 38 minutes 08 seconds East a distance of 167.07 feet; thence northeasterly, to a point on the northeasterly line of said Lot 1 distant 78.00 feet northwesterly from the most easterly corner of said Lot 1 and said line there terminating. 8. That part of Lot 2, Block 1, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southeasterly of a line drawn from a point on the southwesterly line of said Lot 2 distant 78.00 feet northwesterly from the ' most southerly corner of said Lot 2 to a point on the northeasterly line of said Lot 2 distant 99.00 feet northwesterly from the most easterly corner of said Lot 2. 9. ti, That part of Lot 3, Block 1, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southeasterly of a line drawn from a point on the southwesterly line of said Lot 3 distant 99.00 feet northwesterly from the most southerly corner of said Lot 3 to a point on the northeasterly line of said Lot 3 distant 75.00 feet northwesterly from the most easterly corner of said Lot ' 3. � cf S y. t 10. That part of Lot 6, Block 1, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southerly of a line drawn from a point on the southwesterly line of said Lot 6 distant 75.00 feet northwesterly from the Vmost southerly corner of said Lot 6 to a point on the easterly line of said Lot 6 D distant 32.00 feet northerly from said most southerly corner. 11. That part of Outlot B, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southerly of a line described as follows: 6 � Commencing Y at the most norther) corner of said Outlot B• thence on an assumed bearing of South 27 degrees 51 minutes 12 seconds West, along a westerly line of said Outlot B, a distance of 172.62 feet, to the point of beginning of the line to be described; thence North 85 degrees 34 minutes 20 seconds East a distance of 142.64 feet; thence southeasterly, to a point on the easterly line of said Outlot B distant 140.00 feet southerly from the northeast corner of said Outlot B and said line there terminating. 12. That part of Lot 1, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southerly of a line drawn from a point on the westerly line of said Lot 1 distant 140.00 feet southerly from the northwest b corner of said Lot 1 to a point on the easterly line of said Lot 1 distant 228.00 feet northerly from the southeast corner of said Lot 1. 13. That part of Lot 2, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southerly of a line drawn from a point on Y - he westerly line of said Lot 2 distant 228.00 feet northerly from the southwest corner of said Lot 2 to a point on the easterly line of said Lot 2 distant 224.00 feet northerly from the southeast corner of said Lot 2. 14. That part of Lot 3, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southerly of a line drawn from a point on i Ythe westerly line of said Lot 3 distant 224.00 feet northerly from the southwest corner of said Lot 3 to a point on the easterly line of said Lot 3 distant 271.80 feet northerly from the southeast corner of said Lot 3. , 15. That part of Lot 10, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southerly of a line drawn from a point on the southwesterly line of said Lot 10 distant 37.00 feet northwesterly from the southerly corner of said Lot 10 to a point on the southeasterly line of said Lot 10, distant 52.00 feet northeasterly from said southerly corner. s of s i 16. That part of Lot 11, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southerly of a line drawn from a point on Q the northwesterly line of said Lot 11 distant 52.00 feet northeasterly from the most westerly corner of said Lot 11 to a point on the easterly line of said Lot 11 distant 230.00 feet northerly from the southeast corner of said Lot 11. i 17. That part of Lot 12, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies southerly of a line drawn from a point on the westerly line of said Lot 12 distant 230.00 feet northerly from the southwest corner of said Lot 12 to a point on the easterly line of said Lot 12, distant 360.96 feet northwesterly from the southeast corner of said Lot 12. 18. That part of Lot 7, Block 5, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies easterly of a line described as follows: Commencing at the southeast corner of said Lot 7• thence on an t� assumed bearing of South 45 degrees 56 minutes 41 seconds West, U along southeasterly line of said Lot 7, a distance of 188.00 feet, to the point of beginning of the line to be described; thence North 17 degrees _ 02 minutes 25 seconds East a distance of 54.33 feet; thence northerly, to a point on the northwesterly line of said Lot 7 distant 137.00 feet southwesterly from the northeast corner of said Lot 7 and said line there terminating. 19. That part of Lot 6, Block 5, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies easterly of a line described as follows: Commencing at the southeast corner of said Lot 6; thence on an assumed bearing of South 65 degrees 16 minutes 03 seconds West, along southeasterly line of said Lot 6, a distance of 137.00 feet, to the point of beginning of the line to be described; thence North 13 degrees 43 minutes 04 seconds West a distance of 33.02 feet; thence northeasterly, to a point on the northwesterly line of said Lot 6 distant 107.00 feet westerly from the northeast corner of said Lot 6 and said 1 line there terminating. 20. That part of Lot 5, Block 5, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies easterly of a line drawn from a point on the southerly line of said Lot 5 distant 107.00 feet southwesterly from the southeast corner of said Lot 5 to a point on the northerly line of said Lot 5 distant 79.00 feet southwesterly from the northeast corner of said Lot 5. 1 ¢ 0 f 5 J, j 21. That part of Lot 4, Block 5, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies easterly of a line drawn from a point on ^" the southerly line of said Lot 4 distant 79.00 feet southwesterly from the — " southeast corner of said Lot 4 to a point on the northerly line of said Lot 4, distant 52.00 feet southwesterly from the northeast corner of said Lot 4. 22. That part of Lot 3, Block 5, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies easterly of a line drawn from a point on the southerly line of said Lot 3 distant 52.00 feet southwesterly from the easterly corner of said Lot 3 to a point on the northerly line of said Lot 3 distant 51.00 feet westerly from said easterly corner. 23. That part of Lot 2, Block 5, THE MEADOWS AT LONGACRES, according to the recorded plat thereof, which lies easterly of a line drawn from a point on the southerly line of said Lot 2 distant 51.00 feet westerly from the southeast l� corner of said Lot 2 to a point on the northerly line of said Lot 2 distant 67.00 feet westerly from the northeast corner of said Lot 2. 24. That part of Lot 1, Block 5, THE MEADOWS AT LONGACRES, according to (, the recorded plat thereof, which lies easterly of a line drawn from a point on the southerly line of said Lot 1 distant 67.00 feet westerly from the southeast lJ corner of said Lot 1 to a point on the northerly line of said Lot 1 distant 85.00 feet westerly from the northeast corner of said Lot 1. t �J Avg vs? 19, f 99¢ 5 w TREE PRESERVATION EASEMENT AGREEMENT FOR THE MEADOWS AT LONGACRES THIS INSTRUMENT made this day of , 1994, by and between LUNDGREN BROS. CONSTRUCTION, INC., a Minnesota corporation, ( "Grantor ") and the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City "). WITNESSETH: The Grantor, for good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, grants unto the City a permanent tree preservation easement for the purposes set forth in this Instrument, over, under, and across the premises described in the attached Exhibit A ( "subject property"). Grantor, for itself, its successors and assigns, agrees that the following are prohibited in perpetuity on the subject property: 1. Constructing, installing or maintaining anything made by man, including but not limited to buildings, structures, walkways, clothesline poles, and playground equipment within the drip line of a tree, that has the potential to damage the tree. 2. Cutting or removing trees. However, removing dead trees, trimming trees to maintain health, removing diseased trees and removing selected trees approved by the City when required to allow sunlight to penetrate to limited areas on the property, may be undertaken. 3. Excavation or filling when these activities may contribute to damage or loss of protected trees. GRANTOR: LUNDGREN BROS. CONSTRUCTION, INC. By: Peter Pflaum, President CITY OF CHANHASSEN By: Donald J. Chmiel, Mayor t And Don Ashworth, City Manager DEVELOpft.MADOWSMEURES 9/16194 1 STATE OF MNNESOTA County of He nnepin Ss. The foregoing instrument was acknowledged before me this day of , 199_, by Peter Pflaum, President of Lundgren Bros. Construction, Inc., a Minnesota corporation, on behalf of the corporation. SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT STATE OF M NMSOTA County of Carver ss. The foregoing instrument was acknowledged before me this day of , 199_, by Donald J. Chmiel and by Don Ashworth, respectively the Mayor and 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. SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT THIS INSTRUMENT WAS DRAFTED BY Hugh Maynard, Esq. LUNDGREN BROS. CONSTRUCTION, INC. 935 E. Wayzata Blvd. Wayzata, MN 55391 DEVELOP/MEADOWSf REEPRES 9/16/94 2 1 E i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DESCRIPTION FOR: Lund r n' Construction. Inc. Prepared By: TREE PRESERVATION co o S C H O E L L& M A D S O N, INC. ENGINEERS EASEMENT A _ $ OILTESTINO •ENV RONMENTAL SERVICES FOR 14334 WAYZATA BLVD. Y.MNKTOMKA. YM. /1343 THE MEADOWS AT LONGACRES 11 i/i - '•" ' AX: $ 46-60 " August 25, 1994 1. That part of Lot 1, Block 1, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies easterly of the following described line: Beginning at a point on the southerly line of said Lot 1 distant 130.00 D v feet westerly from the most easterly corner of said Lot 1; thence northeasterly to a point on the northeasterly line of said Lot 1 distant 123.00 feet northwesterly from the most easterly corner of said Lot 1. 2. That part of Lot 2, Block 1, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southeasterly of the following described line: Beginning at a point on the southwesterly line of said Lot 2 distant 123.00 feet northwesterly from the most southerly corner of said Lot 2; thence northeasterly to a point on the northeasterly line of said Lot 2 distant 121.00 feet northwesterly from the most easterly corner of said Lot 2. 3. That part of Lot 3, Block 1, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southeasterly of the following described line: Beginning at a point on the southwesterly line of said Lot 3 distant 0 121.00 feet northwesterly from the most southerly corner of said Lot 3; thence northeasterly to a point on the northeasterly line of said Lot 3 distant 119.19 feet northwesterly from the most easterly corner of said Lot 3. 4. That part of Lot 6, Block 1, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southwesterly of the following described line: Beginning at a point on the northwesterly line of said Lot 6 distant 63.00 feet northeasterly from the most westerly corner of said Lot 6; thence southeasterly to a point on the southeasterly line of said Lot 6 distant 87.00 feet northeasterly from the most southerly corner of said Lot 6. EXHIBIT A DESCRIPTION FOR: Lundgren Bros. Construction, Inc. Prepared By: ' ' SCHOELL & MADSON, INC. ENOINEERS • SURVEYORS • ►CANNERS _ SOIL TESTING •ENVIRONMENTAL SERVICES •996• WAYZATA BLVD. U, NNETONKA. YN. 21343 IIS 21.11 -1405 /AXS•14 -9048 .. 1 5. That part of Lot 1, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southerly of the following described line: Beginning at a point on the westerly line of said Lot 1 distant 140.00 l/ feet southerly from the northwest corner of said Lot 1; thence easterly to a point on the east line of said Lot 1 distant 130.00 feet southerly. from the northeast comer of said Lot 1. 6. That part of Lot 2, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southerly of the following described line: Beginning at a point on the westerly line of said Lot 2 distant 130.00 �L feet southerly from the northwest corner of said Lot 2; thence easterly to 0 a point on the east line of said Lot 2 distant 138.00 feet southerly from the northeast corner of said Lot 2. 7. That part of Lot 3, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southerly of the following described line: Beginning at a point on the westerly line of said Lot 3 distant 138.00 _ feet southerly from the northwest corner of said Lot 3; thence southeasterly to a point on the east line of said Lot 3 distant 220.00 feet southerly from the northeast corner of said Lot 3. 8. That part of Lot 1, Block 3, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies northerly of the following described line: Beginning at a point on the northerly line of said Lot 1 distant 64.69 feet easterly from the northwest corner of said Lot 1; thence southeasterly to a point on the east line of said Lot 1 distant 15.00 feet southwesterly from the northeast corner of said Lot 1. i DESCRIPTION FOR: Lundaren Bros. Construction, Inc. 160120 -007 Prepared By: ' SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES 16666 WAYZATA BLVD. MINN[TONKA. NN. [6263, 46121644-7601 ►AXI 666 -6665 1 1 9. That part of Lot 2, Block 3, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies easterly of the following described line: Beginning at the northwest corner of said Lot 2; thence on an assumed bearing of South 40 degrees 29 minutes 57 seconds West along the \� westerly line of said Lot 2 a distance of 15.00 feet; thence South 9 degrees 08 minutes 56 minutes East a distance of 129.03 feet; thence South 14 degrees 36 minutes 02 seconds West a distance of 78.00 feet to the southerly line of said Lot 2 and said line there terminating. 10. That part of Lot 4, Block 3, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies westerly of the following described line: Beginning at the most southerly corner of said Lot 4; thence northerly to �V a point on the northwesterly line of said Lot 4 distant 26.00 feet northeasterly from the most westerly corner of said Lot 4. 11. That part of Lot 5, Block 3, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southwesterly of the following described line: Beginning at a point on the westerly line of said Lot 5 distant 90.00 feet (� northerly from the southwest corner of said Lot 5; thence southeasterly to a point on the southeasterly line of said Lot 5 distant 46.00 feet northeasterly from the most southeast corner of said Lot 5. i Prepared By: ' SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES 16664 WAYZATA SLVO. "INNETONKA. NN. 56347 1612.616 -7661 FAX1 646-00-66 12. That part of Outlot B, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southwesterly and westerly of the following described line: Beginning at the southeast corner of said Outlot B; thence on an assumed bearing of North 4 degrees 17 minutes 38 seconds West along the east line of said Outlot B a distance of 267.73 feet; thence North 39 degrees 10 minutes 04 seconds West a distance of 89.78 feet; thence North 8 degrees 03 minutes 06 seconds East a distance of 78.71 feet to the north line of said Outlot B and said line there terminating. 13. That part of Lot 10, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southwesterly and westerly of the following described line: Commencing at the northwest corner of said Lot 10; thence on an assumed bearing of South 4 degrees 17 minutes 38 seconds East along the west line of said Lot 10 a distance of 38.00 feet to the point of I � \ � beginning of the line to be described; thence South 62 degrees 15 V minutes 37 seconds East a distance of 148.35 feet; thence South 14 degrees 26 minutes 56 seconds East a distance of 44.88 feet to the south line of said Lot 10 and said line there terminating. 14. That part of Lot 11, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southerly, westerly, southwesterly and northwesterly of the following described line: Beginning at the northwest corner of said Lot 11; thence on an assumed bearing of North 70 degrees 10 minutes 02 seconds East along the north line of said Lot 11 a distance of 138.75 feet; thence South 14 degrees 26 minutes 56 seconds East a distance of 55.08 feet; thence (L South 53 degrees 05 minutes 48 seconds East a distance of 117.69 feet (� to the southeasterly line of said Lot 11;- thence Louth 18 degrees 57 minutes 34 seconds West along said southeasterly line a distance of 285.00 feet to the most southerly corner of said Lot 11 and said line there terminating) DESCRIPTION FOR: Lundaren Bros. Construction, Inc. 60120 -007 Prepared By: ' SCHOELL & MADSON, INC. ENGINEERS -SURVEYORS • PLANNERS SOIL TESTING . ENVIRONMENTAL SERVICES 7X11• WAYZATA XLVO. YI NN[TONKA. UN. 11242 1 /121111 -7101 /AXI 146 -1011 15. That part of Lot 12, Block 2, THE MEADOWS AT LONGACRES, according to the recorded plat thereof which lies southerly of the following described line: Beginning at a point on the northwesterly line of said Lot 12 distant 285.00 feet northeasterly from the most westerly corner of said Lot 12; thence easterly to a point on the south tly line of Lot 13, Block 2 in said plat distant 5.00 feet northwester of the most semiheFil�l corner of C/ said Lot 13. Date: August 25, 1994 A 1 Ri hard J. Willi ams,JJr.. Land eyor MN Lic. Flo. 19840 ** CORRECTION &* PLEASE NOTE DATE CHANGE NOTICE OF PUBLIC HEARING CITY COUNCIL MEETING Monday, OCTOR ,R 24. 1994 7:30 P.M. City Hall Council Chambers 690 Coulter Drive Proposal: Vacation of Conservation Easement Applicant: Lundgren Bros. Construction Location: Meadows at Longacres Notice: You are invited to attend a public hearing about a development proposed in your area. Lundgren Bros. Construction is proposing to vacate a conservation easement and establish a wetland easement and tree preservation easement located within the plat of Meadows at Longacres. What Happens at the Meeting 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 steps: 1. Staff will give an ova view of the proposed project. 2. The Developer/Applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the City Council discusses project. The City Council will then take action on the proposal. Questions or Comments: If you want to we the plans before the meeting, please stop by City Hall during office hours, 8:00 am. to 4:30 p.m., Monday through Friday. if you wish to talk to someone about this project, please contact Kate at 937 -1900, en 118. If you choose to submit written comments, it is helpful to have one copy to the Planning Department in advance of the meeting. Staff will provide copies to the Commission/Council. Notice of this public hearing has been published in the Chanhassen Villager on �q 1994. u 1 PAUL & R YOUNGQUIST 7105 HAZELTINE BLVD EXCELSIOR MN 55331 JAY C DOLEJSI 6961 CHAPARRAL LN CHANHASSEN MN 55317 f DONALD & BETTY LOU ROY TIMOTHY & ANN OAS 7205 HAZELTINE BLVD 7305 HAZELTINE BLVD EXCELSIOR MN 55331 EXCELSIOR MN 55331 DAVID 'VJEATHERS & KAREN EDELMANN 7235 HAZELTINE BLVD EXCELSIOR MN 55331 WILLIAM & MERILYN TURNER TRUSTEES OF TURNER FAM 3501 SHORE DR EXCELSIOR MN 55331 JANET C KOCH 7331 HAZELTINE BLVD EXCELSIOR MN 55331 GREGORY & N SCHMIDT 2700 CHES MAR FARM RD CHANHASSEN MN 55317 CHAS & IRENE SONG 7200 GALPIN BLVD EXCELSIOR MN 55331 BETTY O'SHAUGHNESSY 1000 BESSE FARM RD CHASKA MN 55318 DARLENE TURCOTTE 6430 CITY WEST PKWY #5314 EDEN PRAIRIE MN 55344 SUE BABCOCK 6412 FALLBROOK ROAD EDEN PRAIRIE MN 55344 DEAN & J SIMPSON 7185 HAZELTINE BLVD EXCELSIOR MN 55331 TANNA L MOORE 2800 STONE ARCH RD WAYZATA MN 55391 DUANE E & M JOHNSON BOX 102 CHASKA MN 55318 CHASKA GATEWAY PARTNERS 3610 HWY 101 S WAYZATA MN 55391 T F & MARLENE BENTZ 7300 GALPIN BLVD EXCELSIOR MN 55331 JOHN P SAVARYN ESTATE C/O PAUL SAVARYN 1049 OAK TERRACE N MANKATO MN 56003 BRUCE & YNONNE GESKE 7325 HAZELTINE BLVD EXCELSIOR MN 5 3331 WALTER & M WHITEHILL 7250 HAZELTINE BLVD EXCELSIOR MN 55331 DAVID A STOCKDALE & ANGA MCBRIDE STOCKDALE 7210 GALPR BLVD EXCELSIOR MN 55331 LEONARD KUHI 2703 CHES MAR FARM RD EXCELSIOR MN 55331 MILLS PROPERTIES INC 512 LAUREL ST P O BOX 505 BRAINERD MN 56401 DOUG & THERESA BENTZ 7280 GALPIN BLVD EXCELSIOR MN 55331 J P'S LINKS INC 7750 GALPIN BLVD CHANHASSEN MN 55317 J