G-1 2014 Street Reconstruction Project: PHCITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
G-1
MEMORANDUM D
TO: Paul Oehme, Director of Public Works /City Engineer �t
FROM: Alyson Fauske, Assistant City Engineer �l� 1(,�( /iii
DATE: February 10, 2014 �7"
SUBJECT: 2014 Street Reconstruction Project No. 14 -01:
- Public Hearing for Minnewashta Shores Neighborhood
- Authorize Preparation of Plans and Specs
- Approve Construction Easement Agreement with Minnewashta
Shores Homeowners Association
PROPOSED MOTION
"The City Council orders the public improvement, authorizes the preparation of
plans and specifications and approves Easement Agreement with the
Minnewashta Shores Homeowners Association (HOA) for the Minnewashta
Shores portion of the 2014 Street Reconstruction Project No. 4 -01.
City Council approval requires a super majority vote of the City Council
present."
BACKGROUND
At the June 10, 2103 work session, staff reviewed with Council the proposed 2014
Street Reconstruction project.
On June 10, 2013, the City Council authorized the preparation of the feasibility study.
On November 6, 2013, an open house for the Kiowa neighborhood was held to
discuss the proposed project, including the proposed street connection.
On November 13, 2013, an open house for the Minnewashta Shores neighborhood
was held to discuss the proposed project.
On December 12, 2013, City staff met with the Springfield neighborhood to discuss
the proposed permanent connection between Kiowa Trail/Springfield Drive.
On January 27, 2014, a public hearing was held for the Kiowa Trail neighborhood.
G:\ENG\PUBL1C\_20l4 PROJECTS \14 -01 Street Reconst=tion\02 -10 -2014 PH Mwta Shores.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Paul Oehme
2014 Street Reconstruction Project
February 10, 2014
Page 2
Every year the City
considers streets that are
in poor condition to be
rehabilitated or
reconstructed.
For the 2014 Street
Improvement Project,
staff is proposing to
reconstruct
approximately 1.1 miles
of streets. The street
segments within the
proposed project were
identified by the City's
Pavement Management
software, site
investigations and known
utility problems in the
area.
The project includes the
Minnewashta Shores
neighborhood in the
northwest corner of the
city, and Kiowa Trail
west of Lake Riley. The
Public Hearing for the
Kiowa Trail area was
held on January 27,
2014.
G:\ENG\PUBLIC\-2014 PROJECTS \14 -01 Street Reconstruction \02 -10 -2014 PH Mwta Shom.doc
Paul Oehme
2014 Street Reconstruction Project
February 10, 2014
Page 3
Minnewashta Shores Proposed Improvements
The streets in the Minnewashta Shores project area were constructed in 1971. With the exception of
Barberry Circle, the streets were sealcoated in 1994 and 1999.
The street conditions were surveyed in 2011 and the pavement condition indices (PCIs) ranged
between 15 and 45. A PCI of 100 represents a new street. Streets with a PCI below 45 typically
indicate distresses that require a full reconstruction, therefore it is no longer cost effective to repair
the streets with minor maintenance or perform a bituminous overlay.
The street widths vary between 23' and 27' within 40' or 50' wide right of way. The drivable portion
of the streets (i.e. the bituminous surface and the concrete gutter) is proposed to the same as the
existing widths.
The proposed pavement section includes 18" of sand, 8" of Class 5 and 3.5" of bituminous as
recommended by the soils engineer. High back, B -618 curb is proposed to be installed in this area.
Water Main Improvements
The water main in this area is cast iron
pipe and has five documented breaks, as
shown on the graphic below. Staff
proposes to replace the water main with
PVC water main. All services would also
be replaced.
Sanitary Sewer hnprovements
Staff has investigated and televised the
condition of the sanitary sewer in this
area. Approximately 170 feet of sewer is
proposed to be replaced due to the
condition of the pipe and is shown in red
on the graphic below. No sanitary sewer
backup problems have been recorded in
this area however a number of pipe sags
have been identified in this pipe segment.
A letter has been sent to the affected
property owners explaining the proposed
work. Staff has not heard from either
resident. Temporary easements will be
needed to make these improvements.
8
a
Iw
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G:\ENG\PUBLIC\-2014 PROJECTS \14 -01 Street Rmonstm Lion \02 -10 -2014 PH Mwta Shores.dm
Paul Oehme
2014 Street Reconstruction Project
February 10, 2014
Page 4
Storm Sewer Improvements
The sanitary sewer services that access these sections
of the pipes are also proposed to be replaced. The
remaining sewer pipe is in good structural condition,
although some require mineral removal, grouting
and/or lining to reduce the incidence of inflow and
infiltration. These minor repair areas are also
proposed to be fixed at this time.
Residents can have their sewer services televised
from their home to the sewer lateral within the street
to determine if there are any issues. So far two
residents have requested the televising however these
services could not be televised due to issues
accessing the sewer clean outs.
The project area is developed therefore there is minimal space to provide traditional storm water
management, namely treatment ponds.
The HOA owns a property southeast of Cypress Drive. Staff has contacted the HOA and discussed
opportunities for storm water management facilities within this common area. The graphic below
shows the proposed stormwater management in the HOA lot and has been distributed to residents
within the HOA. The proposal includes the installation of a sump manhole with a St. Anthony Falls
Laboratory (SAFL) Baffle for pretreatment of the runoff. Runoff from low intensity rain events
would flow to the west, then through a series of filtration basins before discharging to Lake
Minnewashta. The filtration basins are similar to those installed with the Laredo Drive improvements
at Kerber Pond Park in 2007. Excess runoff from high intensity rain events would flow through an
overflow pipe and discharge to the lake. The HOA lot will be regarded and the export material from
the street section will be placed and regarded in the park. The park will be much more flat useable
for part activities. Also the creek that cuts through the park will be eliminated. The HOA has granted
the easements necessary to perform the work. Staff and HOA representative discussions will
continue as the construction plans are finalized.
When a draft construction plan for the HOA lot is complete, the City will contact the Minnehaha
Watershed District to discuss funding opportunities.
G:\ENG\PUBLIC\-2014 PROJECTS \14 -01 Street Reconstruction \02 -10 -2014 PH Mwta Shores.doc
Paul Oehme
2014 Street Reconstruction Project
February 10, 2014
Page 5
CYPRESS DRIVE
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SCHEMATIC LEVEL LAKE ASSOCIATION PROPERTY IMPROVBYB�ITB
PROJECT FUNDING
u+r
R:z'1
Funding for the project is anticipated to come from several sources. Forty percent (40 %) of the street
improvement costs would be assessed back to the benefiting property owners, per the City's
assessment practice. The remaining 60% of the street cost would be a City cost. All of the sanitary
sewer and storm sewer costs will be paid by the City. The City will pay 100% of the watermain
replacement costs within Minnewashta Shores and the PRV station cost within Kiowa Trail. One-
hundred percent of the watermain installation costs within Kiowa Trail will be assessed to the
benefitting property owners.
Feasibility Study Estimate
Funding Source
Minnewashta
Kiowa Trail Total Budget
Shores
ST -012: Street
$956,877.19
$442,359.08 $1,399,236.27 $1,400,000
Improvement
$170,371.39
W -024: Water Main
$416,594.39
poor mmsed>
$434,744.39 $700,000
Replacement
$18150.00
(100% City)
GAENG\PUBLIC� 2014 PROJECTS \14 -01 Street Reconstruction \02 -10 -2014 PH Mwta Shore .doc
Paul Oehme
2014 Street Reconstruction Project
February 10, 2014
Page 6
SS -014: Sanitary
Sewer Replacement
$24,352.10
$6,318.62 $30,670.72
$300,000
SWMP -019:
Stormwater
$116,611.33
$196,549.98
$200,000
Management (Street
to
$79,938.65 to
+$20,000
Improvement
$129,273.98
$209,212.63
fium Watershed
Projects)
Totals
$1,510,000
$718,000 $2,228,000
$2,600,000
The estimated costs include 10% contingency and 10% indirect costs
Estimated Assessments, Minnewashta Heights:
Total assessable street costs: $682,628.80
40% assessed: 40% of $682,628.80 = $273,051.52
40 assessable units
$273,051.52 = 40 units = $6,826.29/unit
Assessments will be based on the actual contract cost the City receives. Assessments can be financed
through the City over a 10 -year period with an interest rate based on prime rate plus 2% at the time of
contract award.
Based on the feasibility study, this project is feasible, necessary and cost - effective from an
engineering perspective.
The proposed project schedule is as follows:
Approve Plans & Specifications; Authorize Ad for Bids
Assessment Hearing
Project Begins
Most Work Completed By
Substantial Completion
Attachments: 1. CIP pages
2. Resolution
3. Affidavit of Mailing of Public Hearing
4. Public Improvement and Easement Agreement
G:\ENG\PUBLIC\-2014 PROJECTS \14 -01 Str Rmonstmction \02 -10 -2014 PH Mwta Shores.doc
February 24, 2014
April 28, 2014
May, 2014
End of August, 2014
October, 2014
Capital Improvement Program 2014 thru 2018
City of Chanhassen, MN
Project # ST -012
Project Name Annual Street Improvement Program
Aecount01 601 -x -4751
Account #2
Account #3
Account#4
Department Street Improvements
Contact Paul Oehme
Type Improvement
Useful Life Unassigned
Category Streets/Highways
Priority n/a
Total Project Cost: $21,145,000
Annual project to rehabilitate and reconstruct streets in the City. Current 5 -year plan shows the following neighborhood areas:
2014 - Dartmouth Drive, Cypress Drive and Kiowa Trail
2015 - Carver Beach area (south and west of Carver Beach Road), Ches Mar Drive, Lone Cedar, Saddlebrook Pass neighborhood
MSA - Bluff Creek Drive and Trail
2016 - North Manor Road, Washta Bay Road, Tanagers Lane, Sandpiper Trail, Piper Ridge Lane and Minnewashm Woods Drive
MSA - Park Road, Park Court, Park Drive and Park Place
2017 - Flamingo Drive area and 96th Street
MSA - Kerber Blvd and bituminous trails
2018 - Orchard Lane, Forest Avenue, Forest Circle, Oriole Avenue and 64th Street
MSA - Lake Drive
The City uses a Pavement Management System to monitor the condition of the City streets. While proper preventative maintenance extends the
life of the street and is cost effective, a street will eventually deteriorate to a point that further maintenance is no longer cost effective.
Rehabilitation projects extend the life of the street. In cases when utilities or poor sub grade needs to be replaced or where streets have
deteriorated to a point where rehabilitation will no longer be practical, reconstruction of the street is necessary. A feasibility study is written to
consider the merits of the project and scope of work.
Highway 212 improvement project included a pedestrian trail along the first 2,500 feet of Bluff Creek Drive. The resulting "gap" represents a
ing link in the City's trail system. Bluff Creek Drive is a difficult stretch of road to negotiate as a pedestrian in the absence of a trail. This trail
tent will be constructed alone with the 2015 MSA street rernncfn,rHnn
Prior
Expenditures
2014
2015
2016
2017
2018
Total
8,295,000
Construction
1,400,000
3,150,000
2,900,000
2,900,000
2,500,000
12,850,000
Total
4,600,00
Total 1,400,000
3,150,000
2,90,000
$900,000
2,500,000
12,850,000
Prior Funding Sources 2014
2015
2016
2017
2018
Total
8,295,00 Assessment/Revolving Assess 1,400,00
1,850,000
1,50,00
1,500,00
1,50,00
7,750,000
Total MSA
800,000
1,400,000
1,400,00
1,00,000
4,600,00
Park Dedication Fund
50,000
5000
Total 1,400,000
3,150,000
2,900,000
2,900,000
2,566,990
12,950,000
Budget Impactlother
This project may decrease maintenance costs
P97
Capital Improvement program
City of Chanhassen, MN
Project # W -024
Project Name Watermain Replacement
Account #1 700 - 7025 -4751 Account #3
Account #2 Account #4
c,uem or existing water main lines in coordination with
for street rehabilitation projects.
2014 thru 2018
Department Water System Improvements
Contact Paul Oehme
Type Improvement
Useful Life Unassigned
Category Utilities
Priority n/a
Total Project Cost: $3,875,000
street Projects or minor fixes of water
Justification
The City considers the condition of [he existing utilities in the process to select streets for rehabilitation in an effort to realize cost savings by
consolidating these projects and also to avoid potential cuts in recently improved streets. If significant repairs are necessary to the existing water
main, replacement may be the most cost effective option. Given the highly corrosive soils in the City, water main replacement h e ongoing
project in the City.
Prior
1,675,000
Expenditures
Construction
2014
700,000
2015
125,000
2016
700,000
2017
2018
Total
75,000
600,000
2,200,000
Total
Prior
1,675,000
Funding Sources
Water Utility Fund
Total 7110,000
2014
700,000
125,000
2015
125,000
700,000
2016
700,000
75,000
2017
75,000
600,000
2018
600,000
2,200,000
Total
2,200,000
Total
Total 70D,OD0
125,000
700,000
75,000
600,000
2,200,000
will decrease maintenance costs.
P117
Capital Improvement Program
City of Chanhassen, MN
Project # SS -014
Project Name Sanitary Sewer Replacement
Amount MI 701 - 70254751 Account #3
Account #2 Account #4
cription
acement or rehabilitation of existing sanitary sewer lines in ct
2014 thru 2018 Department Sanitary Sewer Improvements
Contact Paul Oehme
Type Improvement
Useful Life Unassigned
Category Utilities
Priority n/a
Total Project Cost: 51,590,000
reconstruction of the City street.
City considers the condition of the existing utilities in the process to select streets for rehabilitation in an effort to realize cost savings by
�olidating these projects.
Prior
625,000
Total
Prior
625,000
Total
Sources
ty Fund
2014
2015
2016
2017
2018
Total
300,000
75,000
300,000
40,000
250,000
965,000
Total 300,000
75,000
300,000
40,000
250,000
965,000
2014
2015
2016
2017
2018
Total
300,000
75,000
300,000
40,000
250,000
965,000
Total 300,000
75,000
300,000
40,000
250,000
965,000
will decrease maintenance costs.
P88
Capital Improvement Program 2014 thru 2018
City of Chanhassen, MN
Project SWMP -019
Project Name Street Improvement Projects - Storm Water Mgmt
Account #1 720- 70254751
Account #2
Account #3
Account#4
annual amount set aside for storm water management infrt
ertaken by the engineering and public works departments.
Department
Surface Water Management
Contact
Paul Oehme
Type
Improvement
Useful Life
Unassigned
Category
SWMP
Priority
n/a
Total Project Cost: $1,625,000
or expansion associated with street improvement projects
Justification
Street improvement projects frequently require construction or expansion of storm water management infrastructure in order to comply with
federal, state and local regulations, as well as protecting existing and proposed development adjacent to the projects.
Prior
Expenditures
2014
2015
2016
2017
2018
Total
900,000 1
Construction
200,000
50,000
200,000
75,000
200,000
725,000
Total
Total 200,000
50,000
200,000
75,000
200,000
725,000
Prior
900,000
Total
Sources 2014 2015 2016 2017 2018 Total
ater Utility Fund _ 200,000 50,000 200,000 75,000 200,000 725,00
Total 2uu,uuu oo,uoo 200,000 75,000 200,000 725,000
maintenance of new
P106
No map
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: February 10, 2014 RESOLUTION NO: 2014-
MOTION BY:
F41 3.11311191110
SECONDED BY:
IMPROVEMENTS & AUTHORIZING
PREPARATION OF PLANS AND SPECIFICATIONS FOR THE
2014 STREET RECONSTRUCTION (MINNEWASHTA SHORES AREA)
PROJECT NO. 14 -01A
WHEREAS, on December 9, 2013, the City Council received the feasibility report for the
2014 Street Reconstruction Project and called for the public hearing to be held on February 10,
2014 for the 2014 Street Reconstruction Project (Minnewashta Shores area), and
AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing
was given, and the hearing was held thereon on the 10`h day of February, 2014 which all persons
desiring to be heard were given an opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council:
1. Such improvement is necessary, cost - effective, and feasible as detailed in the feasibility
report.
2. Such improvement is hereby ordered as proposed in the Council resolution adopted
February 10, 2014.
3. Approves the feasibility study authorizes preparation of plans and specifications for the
2014 Street Reconstruction Project No. 14 -01A.
Passed and adopted by the Chanhassen City Council this 100' day of February, 2014.
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
YES NO ABSENT
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
January 29, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of 2014 Street
Improvement Project 14 -01— Notice of Public Hearing — Minnewashta Shores Area to the
persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope
addressed to such owner, and depositing the envelopes addressed to all such owners in the United
States mail with postage fully prepaid thereon; that the names and addresses of such owners were
those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and
by other appropriate records.
Subscribed and sworn to before me
this.=P ' day o 2014.
Notary Public
KaAn J. E(!Jardtkoeputy Clerk
19 mmJEAN M. STECKLING
Notary Public Minnesota
Cpi,,ry Pu lic* M Jon 31,2018
PUBLIC HEARING NOTICE
January 28, 2014
Re: Notice of Public Hearing forthe 2014 Street Reconstruction and Water Installation
Project No. 14- 01(Minnewashta Shores area)
Dear Property Owner
A Public Hearing has been scheduled for 7:00 p.m. or as soon thereafter as possible on
Monday February 10 2014 in the City Council Chambers at Chanhassen City Hall during a
regularly scheduled council meeting. The hearing is your opportunity to voice your opinion
directly to the City Council before they make their decision whether or not to authorize the
preparation of plans and specifications. The assessment methodology or amounts are not
determined at this City Council meeting; these issues will be addressed at the assessment
hearing, which is tentatively scheduled for April, 2014.
The feasibility study discusses the proposal to reconstruct the following streets in the
Minnewashta Shores area: Arbor Lane, Barberry Circle, Cypress Drive, and Dartmouth Drive
(Shore Drive to Arbor Lane). The proposed project also includes replacing the watermain within
the streets, replacing the portion of the water services within the public right of way,
miscellaneous sanitary sewer repairs and storm sewer improvements within the project area.
The sanitary sewer within the street was televised to evaluate the condition of the pipe. If you
would like the Chanhassen Utility Department televise your sewer service from your home to
the sanitary sewer within the street, please contact me at afauske @ci.chanhassen.mn.us or
952- 227 -1164. Please note that this would require access to the interior of your house;
therefore a representative age 18 or older must be present to let City personnel into your home.
If you would like to submit written comments please email them to me at
afauske @ci.chanhassen.mn.us or send them to my attention at City Hall by 3:30 p.m. on
Thursday, February 6, 2014. Comments received will then be distributed to Councilmembers. If
you do not want your comments included in the public record, please indicate so in your
correspondence.
The estimated cost of the street improvement is $956,877.19. Consistent with the City's practice,
the feasibility study proposes to assess a portion of the street rehabilitation cost to the
benefiting properties in the project area. The preliminary street assessment for your
property is currently estimated to be $6,826.29. The watermain, sanitary sewer and
storm sewer costs will be paid by City utility funds. If the project moves forward and
construction bids are received, the actual construction cost will be used to calculate the
assessment.
If you have any questions or comments please contact me at 952- 227 -1164 or
afauske @ci.chanhassen.mn.us.
Sincerely,
CITY OFF U_ CrH�ANNHHAS�SEN
a ( "Cl�cFiL
Alyson Fauske, P.E.
Assistant City Engineer
g: \eng \Pub1ic \_2014 projects \14 -01 street reconstruction \ph notice mwta shores.doc
TIMOTHY T & MALINDA K TAMLYN
NATHAN W STANGLER
ROBERT & MARY LORENCE
6220 ARBOR LN
6221 ARBOR LN
6230 ARBOR LN
EXCELSIOR, MN 55331 -8810
EXCELSIOR, MN 55331 -8811
EXCELSIOR, MN 55331 -8810
JAMES E HYRE
MICHAEL & MARIE DETERMAN
JOSEPH M & ANGELA Y WEAVER
6210 BARBERRY CIR
6211 BARBERRY CIR
6220 BARBERRY CIR
EXCELSIOR, MN 55331 -8822
EXCELSIOR, MN 55331 -8822
EXCELSIOR, MN 55331 -8822
KIRK & LINDA DICKEY
PETER T & MARGARET NALLICK
DUANE D & MELISSA BUTENSCHOEN
6221 BARBERRY CIR
6200 CYPRESS DR
6201 CYPRESS DR
EXCELSIOR, MN 55331 -8822
EXCELSIOR, MN 55331 -8839
EXCELSIOR, MN 55331 -8840
JULIE RAE HAGEN
JOHN & KAROLYN SCHILTGEN
CHARLES W & KATHLEEN M LECRONE
6210 CYPRESS DR
6211 CYPRESS DR
6220 CYPRESS DR
EXCELSIOR, MN 55331 -8839
EXCELSIOR, MN 55331 -8840
EXCELSIOR, MN 55331 -8839
DEBRA J RICE
ANDREA RAUK
KEVIN J & JOSEY J JOHNSON
6221 CYPRESS DR
6230 CYPRESS DR
6231 CYPRESS DR
EXCELSIOR, MN 55331 -8840
EXCELSIOR, MN 55331 -8839
EXCELSIOR, MN 55331 -8840
BRIAN N & NANCY LTICHY
L WINSTON & ELAINE G HAGEN
BRANDI VIRGIN
6240 CYPRESS DR
14012 WILEY CIR
6310 CYPRESS DR
EXCELSIOR, MN 55331 -8839
MIDLOTHIAN, VA 23114 -5578
EXCELSIOR, MN 55331 -8841
WILLIAM J & CATHRYN L FOSSING
LADD N & SIA B LANGUM
ROBERT M & SUSAN S MACUNA
6330 CYPRESS DR
6331 CYPRESS DR
6340 CYPRESS DR
EXCELSIOR, MN 55331 -8841
EXCELSIOR, MN 55331 -8842
EXCELSIOR, MN 55331 -8841
STEVEN G & JEAN K WOOD
STEVEN E SCOTT
DONALD K & CHERLYN SUEKER
6341 CYPRESS DR
3110 DARTMOUTH DR
3111 DARTMOUTH DR
EXCELSIOR, MN 55331 -8842
EXCELSIOR, MN 55331 -7826
EXCELSIOR, MN 55331 -8843
SUSAN I FIEDLER
MARY ZORA STAUDOHAR KNOLL REV
THOMAS J MERZ REV TRUST
3121 DARTMOUTH DR
3131 DARTMOUTH DR
3201 DARTMOUTH DR
EXCELSIOR, MN 55331 -8843
EXCELSIOR, MN 55331 -8843
EXCELSIOR, MN 55331 -8844
STEPHEN C & KAREN A MARTIN
JOHN L & LORI A WEBER
PETER B & PAMELA J STROMMEN
3211 DARTMOUTH DR
3220 DARTMOUTH DR
3221 DARTMOUTH DR
EXCELSIOR, MN 55331 -8844
EXCELSIOR, MN 55331 -7828
EXCELSIOR, MN 55331 -8844
MARK L & ELIZABETH A NELSON GREGORYA & ROBIN M NIEMANN JONATHAN D & KRISTI K HARRIS
3230 DARTMOUTH DR 3231 DARTMOUTH DR 3241 DARTMOUTH DR
EXCELSIOR, MN 55331 -7828 EXCELSIOR, MN 55331 -8844 EXCELSIOR, MN 55331 -8844
GARY C & KELLI R BHOJWANI
3301 SHORE DR
EXCELSIOR, MN 55331 -7815
PAUL D QUARBERG
3311 SHORE DR
EXCELSIOR, MN 55331 -7815
BARBARA DIANE WINTHEISER
3321 SHORE DR
EXCELSIOR, MN 55331 -7815
RACHEL MARY LIVINGSTON PAUL D & ANNE M KAPSNER MICHAEL A HALLEEN 1R
3331 SHORE DR 3341 SHORE DR 3351 SHORE DR
EXCELSIOR, MN 55331 -7815 EXCELSIOR, MN 55331 -7815 EXCELSIOR, MN 55331 -7815
PUBLIC IMPROVEMENT
AND EASEMENT AGREEMENT
THIS AGREEMENT, entered into by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation ( "City ") and MINNEWASHTA SHORES, INC., a Minnesota
non - profit corporation ('MSI").
RECITALS
WHEREAS, MSI is the fee owner of two parcels in the City of Chanhassen, Carver
County, Minnesota legally described in Exhibit A attached hereto ( "MSI Property");
WHEREAS, the City is undertaking a road improvement project abutting the MSI
Property in connection with City Improvement Project No. 14 -01 (the "Project') and finds it
necessary to make certain storm water improvements as described in the plans and specifications
for the Project ( "Storm Water Improvements ");
WHEREAS, the City desires to construct a portion of the Storm Water Improvements
within the MSI Property;
WHEREAS, MSI has agreed to allow the City to construct the Storm Water
Improvements within the MSI Property subject to the terms of this Agreement;
NOW, THEREFORE, in consideration of the rights and obligations identified herein the
parties hereby agree as follows:
Easements. MSI will grant to the City the following easements:
A. Drainage and Utility Easements attached hereto as Exhibit B;
B. Temporary Construction Easement for roadway improvements in connection with
the Project as provided in Exhibit C, to expire August 30, 2015.
2. City Obligations.
A. The City will construct Storm Water Improvements as generally shown on the
attached Exhibit D and consistent with the plans and specifications for the Project.
B. The City will maintain the storm water feature in perpetuity.
C. The City will construct a storm water sump and water quality manhole on the MSI
Property as shown on Exhibit D and will maintain this manhole annually or as often as
necessary.
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D. The City will work on vacating the right of way area through the MSI Property in
the area identified in Exhibit E, but will retain all necessary easements to: (i) work within the
easements provided under paragraph 1 and (ii) provide all necessary access to Tracts I and L on
Carver County Registered Land Survey No. 7.
E. The City will plant up to eight (8) trees along Dartmouth Drive abutting the MSI
Property.
F. The City will fill and re -grade MSI Property as identified in the plans and
specifications for the Project.
G. The City will seed the MSI Property upon completion of the Storm Water
Improvements within the easement areas after work is complete and weed and feed MSI Property
for up to two years.
THIS AGREEMENT, entered into by the undersigned parties this day of
. 2014.
CITY OF CHANHASSEN
M
UMPI
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this day of
, 2014, by Thomas A. Furlong and Todd Gerhardt, the Mayor and City
Manager, respectively, of the City of Chanhassen, a Minnesota municipal corporation, on
behalf of the corporation and pursuant to the authority granted by its City Council.
Notary Public
174122
01/0212014
MINNEWASHTA SHORES, INC.
Its: -�, e o,✓T
STATE OF MINNESOTA )
)ss.
COUNTY OF L )
The foregoing instrument was acknowledged before me this ISV-� day of
2014, bye6�� l R. 11f4cuA7A ,the �- r,Jd„o 7` of
tltewash a hores, Inc., a Minnesota non - profit corporation, on behalf of the corporation.
tNoPublic
JEAN M.STECKLING
Notary Publb-Minneaota
MY CWMry* nE"a --- -T,- --
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01/02/2014
EXHIBIT A
Legal description of MSI Property:
TRACT H and TRACT Y, Carver County Registered Land Survey No. 7
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EXHIBIT "B"
to
Public Improvement and Easement Agreement
(Reserved for recording information)
GRANT OF PERMANENT EASEMENT
MINNEWASHTA SHORES, INC., a Minnesota non - profit corporation, "Grantor ", in
consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the
"City ", its successors and assigns, forever, a permanent easement for public drainage and utility
purposes over, on, across, under, and through the land situated in the County of Carver, State of
Minnesota, legally described as:
TRACT H and TRACT Y, Carver County Registered Land Survey No. 7.
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public drainage and utility system over, across, on, under, and through
the permanent easement premises, together with the right to grade, level, fill, drain, and excavate
the permanent easement premises, and the further right to remove trees, bushes, undergrowth,
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01/02/2014
and other obstructions interfering with the location, construction, and maintenance of said public
drainage and utility easement.
The above named Grantor, for itself, its successors and assigns, does covenant with the
City, its successors and assigns, that it is well seized in fee title of the above described easement
premises; that it has the sole right to grant and convey the easements to the City; that there are no
unrecorded interests in the easement premises; and that it will indemnify and hold the City
harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this 1<Z--1 ~
day o 2014.
GRANTOR:
MINNEWASHTA SHORES, INC.
By: �wGb�%d
Its: as 0]
174122
01/02/2014
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me thisj!j�j� day of
2014, by Z6er l Al. 01,4c-uao g the of
unew ht Shores, Inc., as Minnesota non-profit corporation, on behalf of said corporation.
tary Public
S
JEAN M. STECKLING
NotW Pubib- hW05ota
M,,cwmd..a�ew••.w 91.2019
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTsoN
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651- 452 -5000
AMP /jmo
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01/02/2014
EXHIBIT "C"
to
Public Improvement and Easement Agreement
(Reserved for recording information)
GRANT OF TEMPORARY EASEMENT
MINNEWASHTA SHORES, INC., a Minnesota non -profit corporation,
"Grantor ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the
"City ", its successors and assigns, a temporary construction easement over, across, on, under, and
through the land situated in the County of Carver, State of Minnesota, and legally described as:
All of TRACT H, Carver County Registered Land Survey No. 7.
TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, servants and
assigns, commencing upon the execution of this agreement and expiring on August 30, 2015,
together with the right of ingress to and egress from the temporary easement premises, for the
purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of
the City, at the will of the City, its successors and assigns. Grantor hereby grants the uses herein
specified without divesting itself of the right to use and enjoy the above described temporary
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01/02/2014
easement premises, subject only to the right of the City to use the same for the purposes herein
expressed.
As a condition of said temporary construction easement grant, the City shall, upon
completion of construction and prior to termination, restore the ground surface of the temporary
construction easement premises to its original condition so far as is reasonably practicable with
the exception of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any
removal of earth, other materials, trees and other vegetation.
The above named Grantor, for itself, its successors and assigns, does covenant with the City,
its successors and assigns, that it is well seized in fee title of the above described temporary
easement premises; that it has the sole right to grant and convey the easements to the City; that there
are no unrecorded interests in the temporary easement premises; and that it will indemnify and hold
the City harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document thiAl &I'
day o 2014.
GRANTOR:
MINNEWASHTA SHORES, INC.
By: �frwr 7'?i1�
Its: Mari
174122
01/02/2014
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me thisi2`h" day of
2014, by �� T & IWAcK ,vA the ,7e., <-„3&.,o T of
Min �,ewash a hores, Inc., a Minnesota non - profit corporation, on half of said corporation.
%IVo Public
M. STECKL�N1
Notary P E 3� 019
�yca""roa1°"
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651- 452 -5000
AMP /jmo
174122 10
01/02/2014
EXHIBIT D
Attach Sketch of Storm Water Improvements
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SCHEMATIC LEVEL LAKE ASSOCIATION PROPERTY IMPROVEMENTS
174122 11
EXHIBIT E
Sketch and Description of Vacation Area
Portion of TRACT Z on Carver County Registered Land Survey 7 as highlighted:
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01/02!2014
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