1b. Land donation, Carver Beach Estates 1
CITY OF
111
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
• (612) 937-1900 • FAX (612) 937-5739
MEMORANDUM ---
TO: Don Ashworth, City Manager DV flittAd :a wA
FROM: Sharmin Al-Jaff, Planner One rn r i;. +s.;:ir
DATE: June 20, 1991
SUBJ: Accept Proposed Donation of Lot 2, Block 3, Carver Beach
Estates - .
Ms. Nancy Raddohl is proposing to donate Lot 2, Block 3, Carver
' Beach Estates to the City of Chanhassen. This lot is unbuildable
and is reserved for surface water drainage purposes by the city.
The City Attorney has confirmed that there are no outstanding taxes
on the property.
Recommendation
Staff is recommending that the City of Chanhassen accept the
proposed donation of Lot 2, Block 3, Carver Beach Estates from Ms.
Nancy Raddohl.
ATTACHMENTS
M1
].. Resolution.
2. Memo from Dave Hempel dated June 21, 1991.
' 3. Carver Beach Estates Development Contract (refer to Page 8,
Section 18. )
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
Date: Resolution No.
Motion By: Seconded By:
' RESOLUTION ACCEPTING DONATION OF PROPERTY FROM
NANCY K. RADDOHL TO THE CITY OF CHANHASSEN
1 °
RESOLVED, that the Mayor and City Council of the City of
Chanhassen, Carver County, State of Minnesota, do hereby accept
' the following described real property donated to the City on
, 1991, by Nancy K. Raddohl:
Lot 2 , Block 3 , CARVER BEACH ESTATES, according to the
recorded plat thereof, Carver County, Minnesota.
AND BE IT FURTHER RESOLVED, that the Mayor and City Council,
on behalf of the City of Chanhassen and all of its residents,
formally recognize the generosity displayed by Ms. Raddohl and
' further thank Ms. Raddohl for the gift of the property to the
City.
ADOPTED by the
y City Council of the City of Chanhassen this
' day of , 1991.
ATTEST:
Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
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CITY OF CHANHASSEN/RADDOHL I
REAL ESTATE TRANSACTION
Lot 2, Block 3, CARVER BEACH ESTATES I
BUYER'S CLOSING STATEMENT '
SELLER: Nancy K. Raddohl '
BUYER: City of Chanhassen
CLOSING DATE: a '
PROPERTY: Lot 2, Block 3 , Carver Beach Estates
DEBIT
Purchase Price $ 0
1991 Real Estate Taxes 194 .00 '
Special Assessments 0
Recordin g Fees 10. 00
Conservation Fund Fee 5. 00
State Deed Tax 1. 65
Abstracting Fees 110. 00 (pd. )
TOTAL $ 320.65
NET PROCEEDS TO SELLER $ 0 '
PAYABLE TO COUNTY RECORDER $ 10. 00
PAYABLE TO COUNTY TREASURER $ 200.65
PAYABLE TO CARVER COUNTY ABSTRACT $ 110.00 (pd. )
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I Form No.3-M—WARRANTY DEED Minnesota Uniform Conveyancing Blanks(19 18) Nti er•Wvis Co..Min sapo is
Individual(sl to Corporation
or Partnership
No delinquent taxes and transfer entered;Certificate
I of Real Estate Value ( )filed ( )not required
Certificate of Real Estate Value No.
,19
County Auditor
by
. 1 Deputy
STATE DEED TAX DUE HEREON: $ 1.65
I Date: .19 91
(reserved for recording data)
FOR VALUABLE COAISIDERATION, NANCY K. RADDOHL
a single person 'Grantor(s),
I
(marital susl
hereby convey(s)and warrant(s)to the CITY OF CHANHASSEN 0.
,Grantee,
a municipal corporation under the laws of Minnesota
' real property in Carver County,Minnesota,described as follows
f .
4
' Lot 2, Block 3, CARVER BEACH ESTATES, according to the recorded
plat thereof. .
t.
THE TOTAL CONSIDERATION FOR THIS TRANSFER IS $500.00 OR LESS.
5. I (if more spate is needed,continue on bsd()
together with all hereditaments and appurtenances belonging thereto,subject to the following exceptions:
: I
NANCY K. RADDOHL
Affix Deed Tax Stamp Here
STATE OF MINNESOTA
Is.
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,19.91-
I by Nancy K. Raddohl, a single person
,Grantor(s).
NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK)
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
rr ant attmanelb u Io amhe tet d rd w Pt y o nrearn(btee):In WI tostrmsat 16oI1
CITY OF CHANHASSEN
� 690 Coulter Drive, Box 147
'
THIS INSTRUMENT WAS DRAFTED BY(NAMEANDADDRESS): Chanhassen, MN 55317
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
TII 3460 Washington Drive
Suite 202
Eagan, Minnesota 55122
0
I (612) 456-9539
JRW:srn
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i.
FGnM Ni., 5116(Ft. 4.1u-06; REORDEr'iFtJM.Nu6Jr7-1-1,Avi3(b 12j 342 6144 2550b -3,
Form
(Rev..2/89) Certificate of Real Estate Value
Buyer's Last Name,First.Middle Initial Present Address Daytime Phone Number
II
City of Chanhassen 690 Coulter Drive
Chanhassen, MN 55317 (612 ) 937-1900
Seller's Last Name,First,Middle Initial Address Daytime Phone Number
Nancy K. Raddohi
I
Street Address or Rural Route of Property Purchased City or Township County
Chanhassen Carver
I
Legal Description of Property Purchase°(Fill in lot number,block number and plat name,or attach 3 copies of the legal description)
Lot 2 , Block 3, CARVER BEACH ESTATES
Type of Acquisition (check all boxes which apply)
I
❑ You and seller are relatives ❑ Buyer is a religious or ❑ Your name added to or co-owners
or related businesses bharitable organization name removed from deed(not a sale)
❑ Property is a gift or inheritance ® Buyer is a unit of government ❑ You purchased partial interest only
I
❑ You received property in a trade ❑ You condemned or foreclosed ❑ Date purchased agreement signed is
on the property over two years ago(Fill in year
If you checked any box above, skip the rest of this form, sign it and fill out schedule B
Type of Property Transferred (check all boxes which apply) -
® Land Only ❑ Land and Buildings ❑ Construction of a new building completed
__ -__ _ after January 1 of year of sale
Planned Use of Property (check one box)
❑ Residential(single,duplex,triplex) ❑ Apartment(Number of units ) ❑ Cabin or Recreational
❑ Agricultural ❑ Commercial-Industrial ® Other Use(describe below) II__ _ (Typeotbusiness ) Drainage/Ponding Area
Financial Arrangements (instructions are on back of yellow copy)
1 Total Purchase Price 2 Total Amount of Personal Property 3 - Date Seller Signed Purchase Agreement I
(from schedule A on back of this sheet)
`r:
4 Down Payment 5 Points or Prepaid Interest Paid by Seller _ _ _ 6 Points or Prepaid Interest Paid by Buyer
Describe each mortgage and contract for deed used to purchase this property
Is this a I
Contract t or
Assumed Mortgage or Contract for Deed Monthly Payment for Interest Rate Total Number Date of Any Lump Sum
Mortgage? Amount at Purchase Principal and Interest (In Effect Now) of Payments (Balloon)Payments
Yes No
7 ❑
I
a ❑. ❑
- 1.
g ❑ El .=' I
10 If a mortgage or contract for deed is not a variable market rate but the terms of payment are scheduled to change on a fixed date,fill in its line number from above,the
month and year of the change,and what it will change to(or attach 3 copies of payment schedule):
Fill out schedule B on the back of this sheet to determine the amount of your deed tax. - I
I declare that the information filled in on this form is true.correct and complete to the best of my knowledge and belief.
Print or type name of person signing this form Signature Phone Number Date
James R. Walston
II
Chanhassen City Atty. (612) 456-9539 .
Co nC T SD Yr [Land Bldg Tot - Pelt—Parcel
Acres 1 ',woe 1 Dse I YrEft Ned Yr Land Bio„ Tat e
Department of Revenue Use Only
X { ,ST ,: ;.�� . I u 1 Act (FM
Ia.:, ;::: i1 �•..• 2 my 1s5
' I r6 P,at
DEPARTMENT OF REVENUE COPY .
IIMINNESOTA DEPARTMENT OF HEALTH
of WELL DISCLOSURE CERTIFICATE o
PLEASE TYPE ALL INFORMATION
IIA. PROPERTY SELLER INFORMATION
RADDOHL , NANCY K.
Seller's last name , , , 1 1 1 1 , 1 , , 1 1 , 1
I Date of closing the sale , , 1 I , , 1 Total number of wells I 1 1
MMDDYY
IIB. PROPERTY DESCRIPTION
Attach a legal description of property in addition to the applicable property
Iinformation requested below.
1 1 1 I 1 1 1 I 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 , I 1 1 1 I
House�7number�� Street name Type Direction
IICHAN HASPN I 1 1 I i I I I I I I 11 , 55 17 I I- 1 I I t ,,
City Zip code
I If applicable.
CARVER BEACH ESTATES THREE TWO
I I I I I I I 1 I I I I I t I I I I I I I I I I 1 M i l t
Addition name Block number Lot number
IIC. PROPERTY BUYER INFORMATION
I , 1 1 I I I I I 1 I I 1 , , , , •II I '
First name MI Last name
CITY OF CHANHASSEN
I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I - I I I I t
I Company name if applicable
690 Coulter Drive Box 147
1 I I I I I 1 I I 1 I I I I I I I I I I I I I I I I I I I I I I 1 1 1 1 I 1 1 1 1
Address -
1 1 1 l I I 1 1 I 1 1 1 1 1 I 1 1 1 1 I I I 1 I 1 1 1 I i , 1 1- 1 1 1 l 1 I 1 1 1
I Address
Chanhassen MN 55317
I I I I I I I I I I I I I I I I I I I I I I I 1 1 1 1 1 1-1 1 1 1 1
City State Zip code
I ,6] 2„/, I- , 1900, I
Phone number
1 D. CERTIFICATION BY SELLER
ill I certify that the information provided on this certificate is accurate and complete to the best of my knowledge.
I Signature of Seller or Designated Representative of Seller Date
E. CERTIFICATION BY BUYER
In the absence of a seller's signature, the buyer, or person authorized to act on behalf of the buyer may sign this well certificate. No
I signature is required by the buyer if the seller has signed above.
Based on disclosure information provided to me by the seller or other available information, I certify that the Information provided above
is accurate and complete to the best of my knowledge.
Signature of Buyer or Designated Representative of Buyer Date
F. CONTRACT FOR DEED PROPERTY TRANSFERS DEED ONLY
II The buyer, or person authorized to act on behalf of the buyer, must sign a Well Disclosure Certificate for all warranty deeds given In
fulfillment of a contract for deed. If there are no known wells on the property, check the box below.
0 I certify that I know of no wells on the property described herein.
Signature of Buyer or Designated Representative of Buyer Date
Form No.2280 •Miller•Davis Legal Forms
Affidavit of Purchaser of Registered Land (Corporation)
r
State of Minnesota,
7ff
County of DAKOTA , I
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JAMES R. WALSTON , being first duly sworn says that__he is the
City Attorney for € x the City of Chanhassen I
a municipal corporation
IDWIDNMit.IX organized and existing under the laws of the State of Minnesota
I
having its principal place of business at 690 Coulter Drive, Chanhassen, MN 5531 7
That said corporation is the purchaser of registered land, situated in Carver County,
I
Minnesota, from the holder of certificate No.
That pursuant to the articles and by-laws of said corporation,the officers authorized to execute deeds II are the Mayor and City Manager
of said corporation, and that said corporation has a corporate seal,
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1
JAMES R. WALSTON 1
Subscribed and sworn to before me this
day of , 19 91
County. Minnesota
I
_ , = -
_ -
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. : •te c-4i._-,:.-14...-"- i-'j.:^ i ,, '•?1 .-L ..3. "`Y:.ev?'_. " '.,' '..'a-^t-i F 'Js `' s- ,-t'.:TS..y;a-;i g: -:.+`ic!L—
:_.:_,'•� '. ` - .rr� " _ -k •.i.._s.,.,%,:<: ."_,"+>r':4 -'74..-::t- . -t;;,: . -�s ,_.. =- '.° =' ,.:,a. :='�3. _
. •.� a-v.:`.._:',*•-.• ,1ros . . •z" - - 4.s.. .: _ _ -• I
form No.116-M Minssm.Uniform,Conveyancing Blanks(1978) Wier-Dom Co.Mmue.polo
Ilndividu.l {
I State of Minnesota,
1 IC Affidavit Regarding Seller(s)
I County of
NANCY K. RADDOHL
being first duly sworn,on oath say(s)that:
I1. ( 1M )(She is)( ]i8>t1183Egi
the person(s)named as
in the document dated
I 19_,and filed for record ,19_,as Document No. ,
(or in Book of __, Page }in the Office of the(County
Recorder)(Registrar of Titles)of County,Minnesota.
2. Said person(s) (is) OM of legal age and under no legal disability with place of businesses)
' (respectively)at
and for the last ten years(has)(have)resided at:
I
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} 3. There have been no: -
a. Bankruptcy,divorce or dissolution proceedings involving said person(s)during the time said
person(s)(have)(has)had any interest in the premises described in the above document
("Premises");
U . b. Unsatisfied judgments of record against said person(s)nor any actions pending in any
courts,which affect the Premises;
c. Tax liens against said person(s);
except as herein stated:
4. Any bankruptcy, divorce or dissolution proceedings of record against parties with the same or
I similar names,during the time period in which the above named person(s)(has)(have)had any interest
in the Premises,are not against the above named person(s).
I j 5. Any judgments,or tax liens of record against parties with the same or similar names are not against.
the above named person(s).
6. There has been no labor or materials furnished to the Premises for which payment has not been
I { made. .
7. There are no unrecorded contracts,leases,easements,or other agreements or interests relating to the
Premises except as stated herein:
18. There are no persons in possession of any portion of the Premises other than pursuant to a recorded
document except as stated herein:
..I 9. There are no encroachments or boundary line questions affecting the Premises of which Affiant(s)
E (has)(have)knowledge.
CAffiant(s) know(s)the matters herein stated are true and make(s)this Affidavit for the purpose of
inducing the passing of title to the Premises.
INANCY K. RADDOHL
j Subscribed and sworn to before me
-' this day of ,19 91 MS!H M.RM, WAS DRAFTED SY CRAMS AND ADDRESS):
_ CAMPBELL, KNUTSON, SCOTT
_, I SIGNATURE Of NOTARY PUBLIC OR OTHER OFFICIAL & FUCHS, P.A.
3460 Washington Drive
NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR SANK) Suite 202 •
Eagan, MN 55122
:' i (612) 456-9539
1 JRW:srn
CITYOF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 "
(612) 937-1900 • FAX (612) 937-5739 1
1
MEMORANDUM
TO: Sharmin Al-Jaff, Planner I
FROM: Dave Hempel, Sr . Engineering Technician , 1
DATE: June 21, 1991
SUBJ: Proposed Acquisition of Lot 2, Block 3, Carver Beach 1
Estates - Project No. 84-9
The City currently holds a drainage and utility easement over the 1
majority of this lot . Since the City has the opportunity to
acquire fee title to this lot at no charge to the City, it is
recommended that the City proceed accordingly. The City will be
able to utilize the remaining portion of the lot to increase the
storage capacity of the existing ponding area.
lap
c: Charles Folch, City Engineer
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DEVELOPMENT CONTRACT
(Developer Installed Improvements)
CARVER BEACH ESTATES
AGREEMENT dated September 29, 1987, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation, ( "City" ) ,
and BOECK-KEVITT, a general partnership, (the "Developer" ) .
1 . Request for Development Approval. The Developer has
' asked the City to approve the development of CARVER BEACH
ESTATES, (referred to in this Contract as the "plat" ) . The City
hereby approves the development on condition that the Developer
enter into this Contract and furnish the security required by it.
2 . Lot 1, Block 3, Exclusions. Lot 1, Block 3, Carver
Beach Estates is presently owned by Donald Miller and Marion J.
Johnson and there is not a contract for deed to Boecx-Kevitt on
it. Lot 1, Block 3, is therefore excluded from this contract.
' 3 . Effect of Subdivision Approval. For two (2) years
from the date of this Contract, no amendments to the City's Compre-
hensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect
the use, development density, lot size, lot layout or dedications
of the approved plat unless required by state or federal law or
8/27/87
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agreed to in writing by the City and the Developer. Thereafter,
notwithstanding anything in this Contract to the contrary, to the
full extent permitted by state law the City may require compliance
with any amendments to the City's Comprehensive Plan, official
controls , platting or dedication requirements enacted after the
date of this Contract. .
•
4. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be attached
to this Contract. If the plans vary from the written terms of this II
Contract, the written terms shall control. The plans are: I
Plan A--Final Plat
Plan B--Grading, Drainage & Erosion Control Plans dated 1
q
/7 , prepared by GOWDCA) ,. /30E:c/c/NC,
Plan C--Site Grading Plan dated e-- (47- 87 , prepared I
by ,VPDA) R.• /g&E'ck Oc.
Plan D--Plans for Public Improveme is dated 8- 17- 9 7 '
and Specifications dated /27 , prepared
by GRQYDON /Q.iBLaG/C /V .
5. Improvements. Consistent with the development P lans
described in paragraph 4 of this Contract, the Developer shall I
install and pay for the following:
A. Sanitary Sewer System I
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B. Water System
C. Storm Sewer
D. Streets ,
E. Concrete Curb and Gutter
F. Street Signs ,
G. Street Lights
H. Site Grading and Ponding
II
I. Underground g Utilities
J. Setting of Lot and Block Monuments
K. Surveying and Staking
The improvements shall be installed in accordance with City stan-
dards, ordinances , and plans and specifications which have been
prepared by a competent registered professional engineer furnished
City the Ito Y 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 Developer shall instruct its engineer to provide adequate field
inspection personnel to assure an acceptable level of alit
Qu y control
' to the extent that the Developer 's engineer will be able to certify
that the construction work meets the approved City standards as
a condition of City acceptance. In addition, the City may, at the
City's discretion and at the Developer's expense, have one or more
City inspectors and a soil engineer inspect the work on a full
' or part-time basis. The Developer or his engineer shall schedule
a preconstruction meeting at a mutually agreeable time. at the City
' Council chambers with all parties concerned, including the City
staff, to review the program for the construction work. All material
' used in the public improvements and all of the work erforme
p d in
' connection therewith shall be of uniformly good and workmanlike
quality. If any material or labor supplied is rejected by the City
as defective or unsuitable, then such rejected material shall be
removed and replaced with approved material, and rejected labor
' shall be done anew to the satisfaction and approval of the City
' at the cost and expense of the Developer. Within thirty (30) days
after the completion of the improvements and before the security
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is released, the Developer shall supply the City with a complete
set of reproducible "As Built" plans .
6. Time of Performance. The construction of public ,
improvements shall commence within one (l) year of the filing of
the final plat with the County Recorder and all public improvements '
shall be completed within two (2) years of the plat filing. 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. Upon completion of the public '
improvements , a representative of the contractor, and a representa-
tive of the Developer's engineer will make a final inspection of
the work with the City Engineer. Before the City accepts the improve-
ments, the City Engineer shall be satisfied that all work is satis-
factorily
completed in accordance with the approved plans and speci-
fications ; and the Developer and his engineer shall submit a written
statement attesting to same. Final approval of the public improve- ,
ments shall take the form of a Resolution duly passed by the City
Council.
7. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the
plat to perform all work and inspections deemed appropriate by '
the City in conjuction with plat development.
8. Erosion Control. After the site is rough 9 raded
but before any utility construction is commenced or building permits
are issued, the erosion control plan, Plan B, shall be implemented
by the Developer and inspected and approved by the City. Silt fences '
shall be installed before grading. The City may impose additional
rreasonable erosion control requirements if they would be beneficial .
All areas disturbed by the -excavation and backfilling operations
' shaIl 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 oat 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. Except in an emergency, the City will endeavor to notify
the Developer 72 hours in advance of any proposed p oposed action, but failure
' of the City to do so will not affect the Developer's and City's
rights or obligations hereunder. If the Developer does not reimburse
the city for any cost the City incurred for such work within ten
(10) days, the City may draw down the letter of credit to pay any
costs. No development will be allowed and no building permits will
' be issued unless the plat is in full compliance with the erosion
control. requirements.
9. Clean up. The Developer shall promptly clean dirt
and debris from streets that has resulted from construction work
by the Developer, its agents or assigns.
10. Ownership of Improvements. Upon completion of the .
work and construction required by this Contract, the improvements
' lying within public easements shall become City property without
further notice or action.
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11 . Security. To guarantee compliance with the terms
of this Agreement, payment of the costs of all public improvements , .
and construction of all public improvements, the Developer shall
furnish the City with a letter of credit ("security" ) for
$253,488.40. The amount of the security was calculated as 110%
of the following estimated costs:
Sanitary sewer $ 27,200.00
Watermain $ 35,600.O9
On-site storm sewer & ponding $ 31 ,500.00
Streets $ 85,200.00 '
Street lights, signs and
underground utilities $ 37 ,900.00
Engineering, surveying, and
inspection $ 13,044.00
This breakdown is for historical reference; it is
s not a restriction
on the use of the security. The security shall be subject to the ,
approval of the City Manager. The security shall be for a term
ending December 31 , 1988. In the alternative, the security may
be for a one year term provided it is automatically renewable for
successive one year periods from the present or I
P any future expiration
dates with a final expiration date of December 31, 1988, unless ,
sixty (60) days prior to an expiration date the bank notifies the
City that it elects not to renew for an additional, period. The
City may draw down the security, without notice, for any violation
of the terms of this Contract or upon receivin notice -
., 9 that the
security will be allowed to lapse before December 31 , 1988. If I
the required public improvements are not completed at least thirty
(30) days prior to the expiration of the security, the City may ,
also draw it down. With City approval the security may be reduced
from time to time as the Developer completes and pays for improve-
ments so long as the Developer is not in default of this Agreement.
12. Claims. In the event that the City receives claims
from labor or material.men that work required by this Contract has
been performed, the sums due them have not been paid, and the
laborers or materialmen are seeking payment out of the financial
guarantees posted with the City, and if the claims are not resolved
at least sixty (60) days before the security required by paragraph
q Y h P 9 P
12 of 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 pursuant to paragraph 19 of this Contract.
' 13. Drainage. Run-off from the plat shall be contained
on the plat and directed to designated ponds as shown on the grading
' and drainage plans. Drainage may not run onto the lots outside
the plat abutting Western Drive.
14. Street Lighting. The expense of furnishing electricity
for street lighting shall be assumed by the City twentyfour (24)
months after completion of installation of the street lighting
system, or after fifty percent (50%) of the building lots have
been improved by the construction of residences thereof, whichever
Iis first to occur. Until that time the Developer shall bear the
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expense.
15. Park and Trail Fees. Prior to the issuance of building I
permits for homes within the plat, Developer, its successors or
assigns , shalt pay to the City the park and trail fees then in
force pursuant to Chanhassen City Ordinance and Resolutions.
11
16. Landscaping. The Developer shall plant one (1) tree
on every lot in the plat. The trees shall be selected from among '
the following species:
Maples (including Norway, "Schwedler" and Sugar)
Linden, American (Basswood)
Linden, Littleaf (and varieties "Greenspire" and
"Redmond" )
Green Ash (and varieties "Marshalls" and "Summit" )
Honeylocust (and varieties "Imperial", "Skyline" ,
and "Sunburst")
Hackberry
Oak
The minimum tree size shall be two inches caliper, either bare
root in season or balled and burlapped. The trees may not be planted ,
in the boulevard. The Developer shall sod the front yard, boulevard,
and side yards to the rear of the structure on every lot. Weather '
permitting, the trees, sod, and seed shall be planted before Certifi-
cates of Occupancy are issued for a lot. II
17. Trunk Charges. Before building permits are issued
on a lot, trunk sewer and water connection charges shall be paid.
The sewer trunk charge is $320.00 per lot and the water trunk charge '
is $380.00 per lot, together with interest on both charges of 7.5%
from October 1 , 1976.
18. Lot 22, Block 2. Until such time as down stream
surface water and storm sewer facilities are installed, '
stalled, Lot 2,
Block 3, as depicted on the plat,- shall be reserved for surface ,
water drainage purposes and shall be deemed an unbuildable lot
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for which no building permit shall be issued. An appropriate drainage
' easement granted to the City or a restriction on the title to this
lot setting forth this condition shall be placed on record with
the Carver County Recorder. The form of such drainage easement
or restriction shall be prepared and recorded by the City• Attorney
at the expense of the Developer.
19. Warranty. The Developer warrants all work required
to be performed by it poor against material 9 P at real and faulty workmanship
for a period of one (1) year after its completion and acceptance
by the City. All trees, grass, and sod, shall be warranted to be
alive, of good quality and disease free for twelve (12) months
after planting. Any replacements shall be warranted for twelve
' (12) months from the time of planting. The post
Developer shall
P p t
' maintenance bonds or other security acceptable to the City to secure
the warranties.
20. Responsibility for Costs.
A. The Developer shall pay all costs incurred by
it or the City in conjunction with the development of the la
p t,
including but not limited to a charge equal to 2% of the cost of
the installation of public improvements to cover the cost of City
' inspection. Before the Developer commences any development work,
the Developer shall deposit with the City a fee based upon construc-
tion estimates. After construction is completed, the final charge
9
shall be determined based upon actual construction costs.
B. 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 plat develop-
' ment. The Developer shall indemnify the City and its officers and
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employees for all costs, damages or expenses which the City may
pay or incur in consequence of such claims, including attorney's '
fees.
C. The Developer shall reimburse the City for costs
incurred in the enforcement of this Contract, including engineering '
and attorney's fees.
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D. The Developer shall pay, or cause to be paid '
when due, and in any event before any penalty is attached, all
special assessments referred to in this Contract.
E. The Developer shall pay in full all bills sub- I
mitted to it by the City for obligations incurred under this Contract
within thirty (30) days after receipt. If the bills are not paid '
on time, the City may halt all plat development work and construc-
tion, including but not limited to the issuance of building permits
for lots which the Developer may or may not have sold, until the
bills are paid in full. Bills not a ' '
p id within thirty (30) days
shall accrue interest at the rate of 8% per year. '
F. In addition to the charges referred to herein,
other charges may be imposed such as but not limited to sewer avail-
ability
charges ( "S.A.C. ") , City water connection charges, City
sewer connection charges, and building ,
g permit fees as- allowed by
law. I
21. Developer's Default. In the event of default by
the Developer as to any of the work to be 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 '
P ncurred by the
City, provided that except in an emergency the Developer is first 1
given notice of the work in default, not less than four (4) days
II
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in advance. 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 s.uch' work
the City may, in addition to its other remedies, assess the cost
in whole or in part.
22. Miscellaneous.
A. The Developer represents to the City that the
plat complies with all city, county, metropolitan, state, and federal
ral
' laws and regulations, including but not limited to: subdivision
ordinances, zoning ordinances, and environmental regulations. If
the City determines that the plat does not comply, the City may,
at its option, refuse, to allow construction or development work
in the plat until the Developer does comply. Upon the City's demand,
' the Developer shall cease work until there is compliance.
B. Except as otherwise provided herein, third parties
' shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the
' Developer shall be grounds for denial of building permits, including
lots sold to third parties.
I D
If any portion, section, subsection, sentence,
clause, paragraph or phrase of this Contract is for any reason
held invalid, such decision shall not affect the validity of the
' remaining portion of this Contract.
IE. If building permits are issued prior to the
completion and acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion
of public improvements and damage to public improvements caused
' by the City, Developer, its contractors, subcontractors, materialmen,
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employees, agents , or third parties . No one. may occupy a building
for which a building permit- is issued on either a temporary or II
permanent basis until the streets needed for access have a stable
base approved by the City Engineer.
F. The Developer shall be responsible for all street
maintenance until streets within the subdivision are accepted by
the City. Warning signs .shall be placed by the Developer when hazards I
develop in streets to prevent the public from traveling on same
and directing attention to detours. If streets become impassable,
the City may order that such streets shall be barricaded and closed. ,
The Developer shall maintain a smooth roadway surface and provide
proper surface drainage. The Developer may request, in writing, '
that the City plow snow on the streets prior to final acceptance
of the streets. The City shall have complete discretion to approve
or reject the request. The City shall not be responsible for '
re-shaping or damage to the street base or utilities because of
snow plowing operation. The provision of City snow plowing service '
does not constitute final acceptance of the streets by the City.
G. Placement of on-site construction trailers and
temporary job site offices shall be approved by the City Engineer
as a part of the pre-construction meeting for '
g installation of public
improvements. Trailers shall be removed from the subject property '
within thirty (30) days following the completion of the public
improvements unless otherwise approved by the City Engineer.
H. The Developer shall provide for the maintenance
of community postal stations and the locations and maintenance
I
requirements for the postal stations shall be approved by the local '
postmaster.
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I . 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..
J. The Developer represents to the City to the
best of its knowledge that the plat is not of "metropolitan signifi-
cance" and that an environmental impact statement is not required.
If the City or another governmental entity or agency determines
' that such a review is needed, however, the re Developer shall
P prepare
it in compliance with legal requirements so issued from the agency.
The Developer shall reimburse the City for all expenses, including
' staff time and attorney's fees, that the City incurs in assisting
in the preparation of the review.
K. This Contract shall run with the land and
may
' be recorded against the title to the property. After the Developer
has completed the work required of it under this Contract, at the
' Developer 's request the City will execute and deliver to the Devel-
oper a release.
L. Developer shall take out and maintain until
six (6) months after the City has accepted the public improvements,
public liability and property damage insurance covering personal
injury, including death, and claims for property damage which may
• arise out of Developer's work or the work of its subcontractors
or by one directly or indirectly employed by any of them. Limits
for bodily injury and death shall be not less than $500,000 for
one person and $3 ,000,000 for each occurrence; limits for property
— 13 -
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damage shall be not less than $200,000 for each occurrence; or
a combination single limit policy of $1 ,000,000 or more. The City
shall be named as an additional insured on the policy, and the
Developer shall file with the City a certificate evidencing coverage
ge
prior to the City signing the plat. The certificate shall provide '
that the City must be given ten (10) days advance written notice '
of the cancellation of the insurance. The certificate may not contain 11
any disclaimer for failure to give the required notice.
M. 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, I
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 '
9 rcise at any time thereafter
any other right, power or remedy.
N. The Developer may not assign this Contract without
the written permission of the City Council. The Developer's obliga-
tion
hereunder shall continue in full force and effect even if
the Developer sells one or more lots, '
. the entire plat, or any part
of it. ,
23. Notices. Required notices to the Developer shall
• be in writing, and shall be deemed to have been received if either
hand delivered to the Developer, its employees or agents, or mailed
to the Developer by registered mail at the following
lowing address: 7441
Jolly Lane North, Brooklyn Park, Minnesota 55428. Notices to the
City shall be in writing and shall be either hand delivered to
1
Ithe 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,
1 ,
IAttention : City Manager.
CI OF HANHASSE ;//, . .
. ° BY. 7
I Thoma L Hamilton, Mayor
(SEAL) ZL
BY: 0.2 .5j ,
Don Ashworth, City Manager
1
BOECK-KEVITT PARTNERSHIP
1 • BY:
al partner
I STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
On this day of 1987, before me, a
notary public within and for said ounty, personally appeared Thomas
L. Hamilton and Don Ashworth, to me personally known, who being
I each by me duly sworn did say that they are respectively the Mayor
and City Manager of the municipal corporation named in the foregoing
instrument, and that the seal affixed to said instrument is the
I corporate seal of said municipal corporation, and that said instru-
ment was signed and sealed in behalf of said municipal corporation
by authority of its City Council and said Thomas L. Hamilton and
I Don Ashworth acknowledged said instrument to be the free act and
deed of said municipal corporation.
I Z144;;62:1.4L)9112, .
NOTARY BLIC 0 1 4 h'Mo oor► nb ion Or
gRWA Eq E p 7 b LLq
•
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STATE OF MINNESOTA )
( ss.
COUNTY OF,4J,v P/) ) • _
The foregoing instrument was acknowledged before me this
28 day of SEPTEHSEp II, 1987, by J FF�Q f y 4,1DEG/ a general
partner of BOECK-KEVITT PARTNERSHIP, on behalof the partnership.
!IEWUA
'
R. I►Ui PUS MI IIG•NEPIN U
°, Da t, sot. �t.s;� R Y PUBLIC
B L I C
.,
DRAFTED BY:
Grannis, Grannis, Farrell 1
Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange 1
South St. Paul , MN 55075
(612) 455-1661
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