1pTemp Sales Trailer Kerr Cos.CITY OF
CHANHASSEN
0 Ci~. CenterDrive, PO Box
Chanhassen, Minnesota 55317
Phone 6IZ937. I900
General Ftm 61Z 937.5739
5~gineering Fax' 612.937.9152
'ublic Safesv Fax 612.934.2524
Web tvtvtv, ci. chanhassen, mn.~s
MEMORANDUM
TO:
FROM:
DATE:
SUB J:
Scott Botcher, City Manager
Kate Aanenson, Community Development Director
June 9, 1999
Termination of Conditional Use Permit - Mortenson Property
In the process of Mortenson Construction closing on their property located at 250
Lake Drive East, a conditional use permit was found recorded against the
property. This conditional use permit was given to allow a sales trailer to be
placed on the site during the construction of the homes in Hidden Valley. The
conditional use permit expired in 1985, although a conditional use permit remains
with the property.
Attached is a Termiv. ation of Conditional Use Permit which will clear the title of
the property. Staff is recommending approval of the termination as drafted by the
City Attorney's Office.
ATTACHMENT
l. Termination of Conditional Use Permit.
5e City of Chanhassen. A growing commu~ig with ckan lakes, qualin., sct, ooh, a cham~ittg downtown, thriving businesses, and beautifid parks. A great place to live, work, and play.
t~6,'0~.,'99 1 ~:1~' FAx 6ol 4~2 o~0__ cA~t}'BELL ~NUISON -~ CHANHASSEN CH [~002
TERMINATION OF
CONDITIONAL USE PERMIT
THIS ACKNOWLEDGEMENT OF TERMINATION is made as of this
· day of J'une, 1999, by the CiTY OF CHANHASSEN, a Minnesota municipal
corporation (the "City").
P__RELIMINARY STATEMENT OF ~ACTS
Mortenson Development Company, a Minnesota corporation, states k is the fee
owner of certain real property (the Property) located in the City of Chanhassen,
Minnesota, legally described on Exhibit "A" attached hereto and incorporated herein by
reference.
The Property is subject to a Conditional Use Permit (the Old Permit) dated
October 8, 1984, f~ed October 24, 1984, in Book 80, Misc., Page 257, as Document No.
67914, a copy of the Old Permit is attached hereto as Exhibit "B"~
The City desLres to document the termination of the Old Permit of record and
release the Property from the encumbrance of the Old Permit.
NOW, THEREFORE, in consideration of the foregoing, the City hereby
ach~owledges that the Old Permit is terminated and hereby releases the Property from the
encumbrance of the Old Permit.
IN WITNESS WI-IE~OF, the City has caused this instrument to be executed as
of the date first shown above.
CITY OF CHANHASSEN
(SEAL)
BY:
4XIaney-K~._Mancino. Maygr ,~
~'
Scott A. Botcher, City Manager
06./09,'99 10:18 k'AX 651 452 5550 CAJfPBELL,.KNUTSON
~ CHANt{ASSEN CH
003
STATE OF MINNESOTA )
( SS.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
,1999, by Nancy K, Man¢ino and by Scott A. Botcher, the Mayor and
Cky Manager Of the C{ty of Chanhassen, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
THIS INSTRUMENT DRAFTED BY:
CA2vfPBBLL I~NI3T$ON
Professional Association
1380 Coxporatz Center Cuxve
317 Eagaadale Of Sce Center
Eagaa, M~ 55121
Telephone: (651) 452-5000
RNK:srt~
2
EXHIBIT A
Legal Description of the Property
Lot 1, Block 6, Hidden Valley, except that part described as follows: Beginning at the most
northerly comer of said Lot 1; thence Southwesterly along the Northwesterly line of said Lot 1 a
distance of 394.88 feet; thence Southeasterly, deflection angle left 90 degrees 00 minutes 00 seconds
a distance of 105.00 feet; thence easterly, deflection angle left 51 degrees 23 minutes 00 seconds to
the easterly line of said Lot 1; thence Northeasterly along said easterly line to the point of beginning,
according to the recorded plat thereof, Carver County, Minnesota.
A-1
EXHIBIT B
Old Permit
B-1
CERTIFICATION
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
OFFICE OF COUNTY RECORDER
STATE OF MINNESOTA
COUNTY OF CARVER
This is to cerlify thai this documenl was
~A.D. al ~3~p o'c ~k ~M.
end was duly reco~d~ in B~ ~ __
I, Karen J. Engelhardt, duly appointed, qualified and a~tinq
Deputy Clerk for the City Of Chanhassen, Minnesota, do hereby
certify that % have compared th~ foregoing copy of a Conditional
Use Permit for the Kerr Companies.
with the original copy, now on file in my office, and have found
the same to be a true and correct copy thereof and as approved by the
City Council.
Witness my hand and official seal at Chanhassen, Minnesota,
this . .f~ . day of . ~ , 19..;~ .
CITY OF CHANHASSEN
CARSER AND HENNEPIN COUNTIES, MINNESOTA
CONDITIONAL USE PERMIT
1. Permit. Subject ~o the terms and conditions set
forth herein, the City of Ch%nhassen hereby grants a conditional
use permit for the temporary storage of a sales marketing
trailer.
2. Property. The permit is for the following described
property in the City of Chanhassen, Carver County, Mimnesota:
(See attached Exhibit
3. Conditionf.
following conditions:
1.
2.
3.
4.
The permit is issued subject to the
The trailer must be removed from the site if application for
development approval has not be made by November 30,. 1984.
If application is made and approved and construction started,
the trailer must be removed by September 1, 1985.
If the trailer is moved on site its location should be
approved by the Planning Staff.
The applicant should seek a less visible site for the trailer
if possible.
4. Termination of Permit. The City may revoke the
permit following a public' hearing under any of the following
circumstances: material change of condition of the neighborhood.
where the use is located; violation of the terms of the permit.
5. Criminal Penalty. Violation of the terms of this
conditional use permit is a crimfna! misdemeanor.
CITY OF CHAN~AssEN
Its Mayor
Its Clerk
STATE OF MINNESOTA}
) ss
COUNTY OF CARVER ]
2 The f~re~l~g instrument was acknowledged before ~e this
day of ~/~-~.c/ , 19~_~, by Thomas L. Hamilton,
Mayor, and Don AshWorth, City Manager of the City of Chanhasse:;,
a F:innesota municipal corporation, on behalf of the corporation.
No3fary ~ic ~
That part of the West Half of the Northeast Quarter of Section
13, Township 115 North, Range 23, West of the 5th Principal
Meridian lying south of the southerly right-of-way line of State
Highway No. 5 as described in Book 'Z" of Miscellaneous at Page
60, recorded in the Office of Register of Deeds, County of
.Carver, EXCEPT the two following described tracts of Land. Said
tracts are described as follows:
1. The west 353.00 feet of the south 270.00 ~eet of the West
half of the Northeast Quarter of said SectiOn 13.
2. The west 193.00 feet of the north 303.00 feet 9f the south
573.00 feet of the West half of the Northeast Quarter of.~aid.
Section 13.
And also EXCEPT that part of the first above described propSrty___
which lies northerly and westerly of the following described
line. Said line is described as follows:
Commencing at the northwest corner of the West Half
of the Northeast Quarter of said Section 13; thence
sou[herly along the west line of said West Half of
the Northeast Quarter a distance of 1272.70 feet to
the beginning cf the line to be described; thence
easterly, at right angles to said west line; a
distance of 656.00 feet; thence northerly at right
angles a distance ~f 418.15 feet, more or less, to
the intersection with the southerly right-of-way
line of said highway, an~ said line there ter-
minating.
Par. 2 The Northwest Quarter of the Southeast Quarter of
Section 13, Township 116 North, Range 23, West of
the 5th Principal Meridian, except the west 353.00
feet of the north 270.00 feet thereof.
And of the Location of all buildings, if any, thereon, and
all visible encroachments, if any, from or on said Land.
~6C.