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2b. Plat approval to subdivide 1010 Pleasant View Road II PC DATE: 8 15 90 / / CITY OF CC DATE: 9 . -b JJJ HANIIAEN C _ CASE #. 9 /10/90 0 12 SUB By: A1-Jaff/v 1 v.,- I - STAFF REPORT a , I PROPOSAL: Preliminary and Final Plat to Subdivide 103,000 Square Feet into Two Lots of 60,000 Square Feet and 33,150 Square Feet fictSon by Ci y Administrator 11 , Vbwf- Z iIb; — Q LOCATION: 1010 Pleasant View Road lioem 1 S;r`M.- . ;, C ,Tr cr ,ssion ma APPLICANT: Fortier and Associates I6009 Wayzata Blvd. , Suite 106 se--- ' to ccunc;i am St. Louis Park, NN 55416 8_ a7_ 9 0 Q 1 1 1 PRESENT ZONING: RSF, Residential Single Family ACREAGE: 103,000 sq. ft. IDENSITY: I ADJACENT ZONING AND LAND USE: N - Christmas Lake S - RSF; single family Q E - RSF; single family 1 W - RSF; single family Q ' WATER AND SEWER: Available to the site. 1 w PHYSICAL CHARACTER. : The southerly portion of the site contains an existing residence. The site is a 1 f.- riparian lot to Christmas Lake and generally 111■111 slopes to the north. I2000 LAND USE PLAN: Low Density Residential * 1 I , 1 E -PROPOS Er3 SIA,BONtsleW ' ., M ° ° ° o 0° °ao , o ° , F n • ° o o o I o - .. r - - I , CHR/ T A " - .NEPINI COUNTY Y ! w � r' LAE (`.j - JW1II;: . ---II 2 '-- ----/1 ,, RD, ,,, _i71.1, . , i , 1 �.1 � .. 0 .11 -R Ti..i P.- Ilti° P TRLIN ' ��G R E - NM iri 1 1 IIII rj FiftillyA eli . -"1 II Al rap. moto e■iiiiii.z:1,27;. il WEI% R QA, i � '� F 0 lam 0 0: lb ... . fi ---ir - 'worm . tit C1111ra aiort 14 III u v ' - a 614611941. ribilL.-°gill . \‘' ‘‘44%Ne#4441017fG ri, li iel m►li', Te .4 \ ' r I couR.i )11. EN iiiIIIIIIMEIZ I% . .4 i _ ,....,,,) '').' P.1 iff iviem, mamma molAlir I,;T wirommin„..7: i M� yr■ ` TlYgitik \�'\ v.-0 E;I / v.'Owl 3 B f*"!v.:440'I*in \ . At;-- Do t it inn toe lioitiod•Asof irit. 1:11: =vas \-.._ .___:_Ns ,,, y,)/ .....: 1 4D ' 4‘ is imatil- Vieft- gra-glri. *- .--. (-4npr. -- -- ---- rt1, I p - :=::: =r-ri :� ' L O T t/S '�-=� ,�! ��n � „�• �y ��►�. s - a���� -• • ��! -E �� -4 a .= 1�� awn �'�- =��� - f' 4 NUM illy wmari a till 4F'.••—:2" L=11111111500 ot?, , a a ir 4 vs.---' As l mu EL op ER=-3 RtSa- kW L A MO alt PESO 111.11111. Illi kit �.a . ' X1....,;:j.,r2 ` �41Ajz` • / _/� Wit ---- __ via CS• 111* ,• runt��......e OD Iga ,v e•0 �,MADOW MERE- 1‘ ce-. Vpiccmws4 OM i 4ArifeigI- ' It.F. 'pill ' ' h�SF i_�Lr \ _ LAKE itt- rpA IF I i 1 i4 1:1.)1* I 1E-' L� 7 „IV *nom, A ��1/// . 11i iidkf r��� lit --- MM �i AI i �► `a rye ��a``��.�������u �f 1• I Fortier & Associates Subdivision August 15, 1990 Page 2 PROPOSAL/SUMMARY The applicant is requesting preliminary plat approval to subdivide 103,000 square foot parcel into two lots. Lot 1 is proposed to have an area of 65, 000 square feet and will be the site of a future residence. Lot 2 is proposed to have 33, 150 square feet. Lot 2 contains an existing home accessed off of Pleasant View Road. The newly created lot (Lot 1) is proposed to be accessed by a private driveway located to the west of the property off of the adjacent Lot 5. The proposal meets RSF dimensional requirements and is also consistent with the increased lot size requirements applied to lots served by private driveways. Although only one homesite is being created at this time, the new driveway that will serve it can ultimately serve at least 3 homes according to a conceptual development plan that has been submitted. Additional lots are possible under RSF District guidelines since these lots are oversized, however, we believe this scenario is unlikely given the ownership pattern and surrounding neighborhood that exists in this area. Details regarding construction requirements for the driveway are refined by appropriate conditions. Based upon the foregoing, staff is recommending that the request be approved subject to appropriate conditions. PLANNING COMMISSION ACTION The Planning Commission reviewed the plat and unanimously recommended approval. STREET ACCESS ' Both lots will be served directly by driveways from Pleasant View Road. The existing home will continue to use the driveway that is already in place. The proposed new driveway that will service Lot 1, Block 1 will be shared by future residences which will be located to the west on Lot 5, Christmas Acres Addition. At the present time there is no development on Lot 5 but a conceptual development plan submitted by the applicant indicates two home sites. On a busy street such as Pleasant View Road, staff supports the use of shared driveway entrances to minimize the number of turning movements. Thus, we fundamentally support this aspect of the shared driveway option being proposed. We also reviewed the potential of having the existing home that will be located on Lot 2, Block 1, of the Beddor Addition, utilize a common curb cut, however, this is not possible since the main driveway is located well to the east. There is, however, a seldom used gravel drive that is located adjacent to the west property line where it will 1 Fortier & Associates Subdivision August 15, 1990 ' Page 3 parallel and enter Pleasant View Road a short distance away from the proposed new driveway. As a condition of approval this gravel ' driveway, which will have little or no purpose when the new driveway is constructed, should be vacated and allowed to grow over. ' The applicant will have to acquire and record a permanent cross access easement over Lot 5 of Christmas Acres. The easement should ' run in favor of Lot 1, Block 1, but also in favor of Lot 5 so that use by the two additional homes conceptually illustrated on Lot 5 can be guaranteed. The driveway is designed to meet City standards. It is paved to a 20 foot wide width with a 7 ton design ' and grades on the common section of the driveway do not exceed 10%. Lastly, a turn area acceptable to the Fire Marshal must be provided. The driveway must be installed to City standards before ' a certificate of occupancy is granted for the new home on Lot 1. If it is not possible to complete the driveway in this time frame a financial guarantee will be required to ensure compliance. 11 Section 18-570 permits up to four lots to be served by a private driveway if the city finds the following conditions to exist: 1. The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. ** A private driveway exists at the present time and is proposed to serve future development adjacent to the site. Based upon a review of the surrounding area, staff has concluded that a street extension is not recommended as it could result in extensive tree loss. The area contains a large number of mature trees and is heavily wooded. Furthermore, the grades of the site are too steep to construct a road that meets city ' standards. Lastly, we do not believe it is warranted based upon the surrounding development pattern. 2. After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area and improve access or to provide a street system consistent with the Comprehensive Plan. ' ** At the present time, only one residence will be utilizing the private driveway. Two additional residences will utilize that same private driveway to access their properties. Those residences will be located to the west of the subject property. 3. The use of a private driveway will permit enhanced protection of wetland and mature trees. 1 I Fortier & Associates Subdivision August 15, 1990 Page 4 ' ** The site is heavily wooded. Should the applicant provide a street up to city standards, a large number, of trees would have to be removed. The number of trees that will have to be removed is going to be significantly less than what it would take to construct a street up to city standards. PARK DEDICATION/TREE PRESERVATION The Park and Recreation Commission recommended that park dedication fees be required in lieu of park land. A tree preservation plan should be prepared and approved by the city prior to issuance of a building permit. , EASEMENTS Provide the following easements: ' 1. Standard drainage and utility easements. 2. Cross access easements over the driveway in favor of Lot 1, Block 1, Beddor Addition and Lot 5, Christmas Acres Addition. 3. Provide a 30 foot wide utility easement for the sanitary sewer as required by the Engineering Department for sewer and water services. 4. Dedicate a roadway easement measured 33 feet north of the centerline of Pleasant View Road. UTILITIES 1 Sewer and water service is available in the vicinity of the site, 11 although lateral lines must be extended to provide service. Water services will require an extension from an existing line located in the Christmas Acres plat to the west. This line should be public with it being either installed by the City or by the developer in accordance with City standards. The line will ultimately serve several homes and must be equipped with a fire hydrant located at the edge of the driveway to provide adequate service to these home sites. Sanitary service is also available from the Christmas Acres subdivision. The public gravity sewer line will need to extend through Lot 6 and would terminate in a new manhole at the westerly property line of Lot 1. Since this provides gravity service, this is preferred and staff believes that this should ultimately be required in the long run. I 1 11 Fortier & Associates Subdivision August 15, 1990 I Page 5 COMPLIANCE WITH ORDINANCE - RSF DISTRICT J Lot Lot Lot Home Area Width Depth Setback Ordinance 15,000 100' 125' 30' front/rear 10' sides II Lot 1 60, 000 144.82 ' 414 ' N/A II Lot 2 33,150 236.43 ' 229 ' 85.00 ' front 31.00'rear 49 ' & 32 ' sides Variances Required - qu None '. GRADING I The majority of the grading will result from bringing the existing private driveway on Lot 5 to city standards. The access connection to Lot 1, Block 1 will require filling on the portion located on I Lot 5 and grading on the portion located on Lot 2. Staff is recommending that a tree preservation plan be developed for the driveway and utility installation so that impact on existing tree cover can be minimized. IRECOMMENDATION I Planning staff recommends that the Planning Commission adopt the following motion: I "The Planning Commission recommends approval of Subdivision 90-12 as shown on the plat dated July 3, 1990 and subject to the following conditions: II 1. Easements: a. Standard drainage and utility easements. IIb. Cross access easements over the driveway in favor of Lot 1, Block 1, Beddor Addition and Lot 5, Christmas Acres IIAddition. c. Provide utility easements as required by the Engineering Department for sewer and water services. I Fortier & Associates Subdivision August 15, 1990 Page 6 I d. Dedicate a roadway easement measured 33 feet north of the centerline of Pleasant View Road. , 2. A fire hydrant is required to the west of the property as shown in Attachment #2. 3. Park and trail dedication fees will be required in lieu of land dedication. 4. A tree preservation plan must be submitted prior to issuance of a building permit. The plan should illustrate how the driveway, home placement and construction will minimize tree loss. The plan must be approved by staff. Preservation areas shall be adequately marked by a snow fence prior to construction to avoid damage. 5. The private driveway serving Lot 1, Block 1 must be built to a 7 ton design and paved to a width of 20 ft. utilizing a maximum grade of 10% and provide a turnaround area acceptable , to the Fire Marshal based upon guidelines provided by applicable fire codes. 6. Plans for water and sewer extensions shall be developed for approval by the City. The applicant should petition the City to install public utility extensions or make provisions for self installation upon receiving City approval. " , ATTACHMENTS 1. Memo from Assistant City Engineer dated August 10, 1990. 2. Location of required fire hydrant. 3 . Application. • 4. Final plat dated July 30, 1990. 1 11 1 , CITYOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' (612) 937-1900 • FAX (612) 937-5739 ' MEMORANDUM ' TO: Sharmin Al-Jaff, Planner I � FROM: Charles Folch, Assistant City Engineer ' DATE: August 8, 1990 SUBJ: Preliminary Plat Review of David Beddor Addition Land Use File No. 90-22 IM Existing Conditions The lot for the proposed subdivision is currently addressed as 1010 Pleasant View Road. The terrain for the lot is characterized by a steady grade down to the Christmas Lake shoreline. The parcel is primarily vegetated with grassed area. Trees are located along the east and the west property lines. A residential home currently resides on the southern portion of the ' property. The applicant is proposing a lot subdivision and a platting of 11 the two new parcels. The proposed development for the newly created vacant lot would be for the construction of a residential home. r Driveway Access Currently there exists two curbcut driveway accesses to the property. The easterly driveway access services the existing residential home on the southern portion of the lot. The westerly driveway access services Lot 5 of Christmas Acres and provides access down to the Christmas Lake shoreline. The proposed driveway-sharing to serve Lot 1 will require a driveway easement from the adjacent property to the west (Lot 5) . This proposed driveway will be private and maintained as such. The subdivision ordinance requires that a multiple-use private driveway be constructed to a 20' width and a 7-ton design. It is recommended that the existing easterly driveway curbcut be eliminated as its present service use will be adopted by the new proposed multiple-use driveway. This easterly driveway access would also be too close in proximity to the newly proposed access . • Sharmin Al-Jaff I August 8 , 1990 Page 2 I Utilities Existing sanitary sewer facilities are present on both adjacent parcels immediately east and west of the subject property. Gravity sewer could be made available from the west by extending the existing sanitary sewer from the Christmas Acres subdivision. This would require the acquisition of a proper utility easement through Lots 4 and 5 of the Christmas Acres . An alternative sewer service connection could be made to the existing system from the property immediately to the east. However, due to lower elevation on the proposed site, it is not anticipated that a gravity service connection could be made. Connection could be made, however, via a private grinder and pump system. This forced service line would be required to tie directly into the existing manhole and be privately owned and maintained. This service connection would necessitate the acquisition of a utility easement through the immediately adjacent property to the east. An existing six inch watermain extends through the southerly portion of Lot 5 , Christmas Acres. It is recommended that a public six-inch watermain connection be made to this existing facility and extended easterly to the west property line of the proposed Lot 1 . Proper easements through Lot 5 would have to be acquired for this improvement. A future development of a residential home on Lot 1 could acquire water service from this proposed watermain extension. This watermain extension would also provide an opportunity to extend water service to the north ' in the future in the event of a lot split of Lot 5 as per concept plan of Christmas Lake Properties dated July 2 , 1990. I Grading Construction of the proposed driveway will acquire some filling I and grading operations to be performed. It is also anticipated that some site grading will take place at the time a home is constructed. The runoff and erosion potential of this site is quite high due to the existing terrain and grades. It is imperative that erosion silt fence be installed at all locations of disturbed areas. Restoration and turf establishment operations shall be conducted promptly upon completion of the grading and utility work. Recommended Conditions 1. The proposed multiple-use driveway to serve Lot 1, Block 1 must be constructed to a 7-ton design and paved to a width of 20 feet utilizing a maximum grade of 10%. This will be a private driveway and maintained as such. ' Sharmin Al-Jaff August 8 , 1990 Page 3 2 . If the applicant chooses to connect to the existing sanitary ' sewer facility immediately adjacent to the east via a privately owned and maintained grinder and pump system, it shall be temporarily permitted until such time, if ever, that sanitary sewer is extended through Lot 5 to the west (as per Christmas Lake Properties Concept Plan dated July 2 , 1990) . 3 . Proper easements must be acquired for all proposed utility improvements. 4 . Erosion control shall be installed and maintained around all disturbed areas for grading and utility installation. jms I . z. ...0 , ,. U ' , I L______.i .______; , -1--- ---7 ) () r .v__________._.7...)_____ I , \ m --- 77------______ H— ' \ 1 \ \ \ „ - ( , ' . \ 326., .'''' :\:4tIt:'4'.4 ‘,..,0 ob9s, Os\ to\\ o ' OW... ‘.; \'‘S \* • \ °\;> IP aiiir .9 \ 0 S •0 . ILIIIIII gr, ;y .-..,.7_. l ._ -..•..":Th ,., %\\, \.. ',‘.•, ,... 2...1 5.„,.61 Ir 0 " *L \\ — llt n--) F Li) g Lil 0 \_. - * ...(-■1:. ....\ > 20 , .. -• .. .. \ / 0 --- -- -, '.. ,.........,, I .... .,.- 0, --:,— _, ...,, , . <,...c., i ) ,. ........._ • ,\ c ‹.„,..:_.. .,.?_ 70 , ti / 4 \ 0 \ ,..„. 11111 I. i ,5, •., ,, 4* -4 • ,, ., I. i -,_ ----. _._ _ 0\ \ i ....,/ C3 \ \ \ C) : 11115 c..) \ \ : . ol I- 0 Z \ X ,x) 17,--11:Z.-n 1 i 7 Q7. \ Qa \ "".._ 1, I l s 4(37 \ H C) .1. < > \ --_ \ - - -------5---t- \ ‘■ :,---'-'---,--7-- ' --.. ,_--.,.:=-..-.,--,---.* Illfg 1,- \ n IF , ..& ,----\\ -< in,,::-_f;:--;-A _.;. : 4;N \ \1, l 11 ) ‘k(t.:„.. ■\,.\ 6 \ ( . ■ / I 1 1 i 1 I 7 5°." C -* \ ■ I 70 < ...) ■—{ tni I —...,--- ., ,-- .. am , ,-,-,- --I 0 -.-,-.-,,,,, -,-i--„,- . , , ..--,---,.- i— rn , iii t•le ..._. .. 0., s„._•...,.... • ,_, 0 . _.1 1f ( . .7.._:.,_,.,..•::,..,., 0,__, :.73:..---: .—.1 1/4.../ ...,../ t.. li 1 > ''''''' 0-4 ..s. ..•_A,":,. „ .--- 70 ...fi.A ■ 0.>0 i i, ...r._ rri m 1 i I > .., 1 , .. RI . , ..-.. i ' I St' . 400,..-.411144111.1111111111111161 I ,::::,,,k.-.:.ki*:,..;,,f,_,.,_„..,, • ..,:i /I Co 0 . / i 0 d', > . , 74 4 :t i 1 ---. July 16, 1990 FORTIER &ASSOCIATES, INC. ARCHITECTURE PLANNING INTERIOR DESIGN ' Mr. Paul Krause City Planner ' City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Re: BEDDOR PROPERTY Comm: 90-10 Dear Mr. Krause: Attached please find our application for a lot split on behalf of Mr . David Beddor. Mr. Beddor has purchased this property with the intent of constructing his own residence. Topography, tree locations, legal description, and existing conditions are shown on the survey. It is our intent to extend the sanitary sewer and water across the adjacent lot in Christmas Acres to serve this new lot. The adjacent lot is owned by Mr. Frank ' Beddor, Jr. , David 's father. The Christmas Lake Properties drawing illustrates surrounding ' conditions. It is our intent to construct a shared bituminous driveway for access as shown, including adequate room for an emergency vehicle. ' Please review this application and adivse of any additional information you may require. Yo truly, Daryl P. Fortier ' DPF/sf encl: Survey, Plan & list of adjacent Owners. ' cc: David Beddor Frank Beddor, Jr. 408 Turnpike Road,e oad, Golden Valley, Minnesota 55416 (612) 593-1255 t CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: Fortier & Associates, InCOWNER: David Beddor ADDRESS: 408 Turnpike Road ADDRESS: 1050 Pleasant View Road ' Minneapolis, MN 55416 Chanhassen, MN 55317 TELEPHONE (Day time) 593-1255 TELEPHONE: 474-0231 ' REQUEST II♦ Conditional Use Permit - $150 1"Subdivision: X Interim Use Permit - $150 Preliminary Plat: ' ♦ Land Use Plan Amendment - $100 - Sketch Plan - $200 ♦ Planned Unit Development: k Create less than 3 lots - $10011 - Sketch Plan - $200 - Create more than 3 lots - $100 + acre + $5 per lot " - Preliminary Development Plan lot cr created $300 + $15 acre - Final Plat - $100 - Final Development Plan - $200 VMetes and Bounds 4$100 Th - Amendment to Final Development Plan - $300 + $15 acre - Consolidate Lots - $100 TOTAL PUD TOTAL SUBDIVISION Site Plan Review - $150 ♦ Wetland Alteration Permit: ' - Individual Single Family Vacation of Utility or Lots - $25 Street Easement - $100 - All Others - $150 ♦ Variance - $75 ♦ Rezoning - $250 ♦ Zoning Appeal - $75 ♦ Zoning Ordinance Amendment - I No Charge i * NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. IIPROJECT NAME David Beddor Property LOCATION 1010 Pleasant View Road, Chanhassen, MN 55317 LEGAL DESCRIPTION see attached survey I . IPRESENT ZONING residential REQUESTED ZONING same IIPRESENT LAND USE DESIGNATION residential REQUESTED LAND USE DESIGNATION same • II REASON FOR THIS REQUEST Lot Split I This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you I should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. ' This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter ' pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement) , or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and II the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my Iknowledge. I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approval/permit is granted within 120 days with the Carver County Recorder's Office and the original document returned to City Hall Records. „,-/ II /C) / 7g‘" Signet re of •pplicant ate 11 Signature of Fee Owner Date I Application Received on / Fee Paid 4/(0- Receipt No. 3/1 55 I This application will be considered by the Planning Commission/Board of Adjustments and Appeals on /5-`Y 1 1 i 1 I WATER UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENCE, that the undersigned, FRANK BEDDOR, JR. and MARILYN A. BEDDOR, husband and wife, Grantors, of Collier County, State of Florida , for and in consideration of One Dollar ( $1. 00 ) and other good and valuable consideration do hereby grant and convey to the Grantee , the City of Chanhassen , a Municipal Corporation located in Carver County, Minnesota, the right , privilege , authority and permanent easement to freely use the easement premises described in Exhibit A attached hereto and hereby made a part hereof for the purpose of constructing, ' altering, maintaining and operating water pipelines, hydrants and other appurtenances thereof of said Grantee , over, under , in, upon and across the following described real property located in Carver County, Minnesota , said Grantee agreeing to thereafter put said property in a uniform and sightly condition as far as reasonably possible. Description of Grantees' affected parcel of property: Lot 5 , Block 1 , CHRISTMAS ACRES, according to the recorded -plat thereof. Description of permanent easement granted herein: ' Said easement premises are described in Exhibit A attached hereto: Grantors do also hereby grant and convey to City the right , privilege and authority to enter upon said easement premises at any time and all times with all machinery , tools , equipment , II 1 vehicles and materials necessary for the construction , maintenance I and operation of said water pipeline purposes as above set forth, ' and agree not to place any structure upon said easement premises that will do anything which will tend to transfer with the operation or maintenance of said sanitary sewer system without first securing the written approval of said Grantee. To have and to hold said easement unto said Grantee, its successors and assigns as described above. r IN WITNESS WHEREOF, the Grantors have set their hands this .1 day of , 1990 . ' EXEMPT FROM STATE DEED TAX ' Fren beddor, Jr. 1 Marilyn A. Beddor STATE OF MINNESOTA ) COUNTY OF CARVER ) On this day of , 1990 , personally appeared Frank Beddor, -577—and Marilyn A. Beddor, his wife, to me known to be the persons whose names are subscribed to the within instrument end acknowledged that they executed the same for the purpose therein contained. Notary Pu c , THIS INSTRUMENT DRAFTED BY: Julius C. Smith ' 6750 France Avenue South Suite #252 Edina , MN 55435 ( 612 ) 920-1521 1 __._. .. yr .. r • i r V" Mil am0.6 1 A SANITARY SEWER UTILITY EASEMENT ' KNOW ALL MEN BY THESE PRESENCE, that the undersigned , PRANK BEDDOR, JR. and MARILYN A. BEDDOR, husband and wife, Grantors, of Collier County, State of Florida, for and in consideration of One ' Dollar ( $1.00 ) and other good and valuable consideration do hereby grant_ and convey to the Grantee, the City of Chanhassen, Municipal Corporation located in Carver County, Minnesota , the right, privilege , authority and permanent easement to freely use the ' easement promises described in Exhibit A attached hereto and hereby made a part hereof for the purpose of constructing, altering, maintaining and operating sanitary sewer pipes, lines and appurtenances thereof of said Grantee, over, under, in, upon and across the following described real property located in Carver ' County, Minnesota , said Grantee agreeing to thereafter put said property in a uniform and sightly condition as for as reasonably possible. Description of Grantees' affected parcel of property: Lot 5, Block 1 , CHRISTMAS ACRES, according to the recorded plat thereof. Description of permanent easement jranted herein: Said easement premises are described in Exhibit A attached ' hereto: Grantors do also hereby grant and convey to City the right , privilege and authority to enter upon said easement premises at any time and all times with all machinery , tools , equipment , vehicles and materials necessary for the construction, maintenance I . and operation of said sanitary sewer purposes as above set forth, and agree not to place any structure upon said easement premises I that will do anything which will tend to transfer with the operation or maintenance of said sanitary sewer system without I first securing the written approval of said Grantee. To have and to hold said easement unto said Grantee , its successors and assigns as described above. i IN WITNESS WHEREOF, the Grantors have sot their hands this day of 1990. EXEMPT FROM STATE DEED TAX Frank Deddor, Jr. Marilyn . De or STATE OF MINNESOTA ) 58 COUNTY OF CARVER ) On this day of _ , 1990 , personally appeared ' Frank Beddor, Jr. and Marilyn A. Beddor, his wife, to me known to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purpose therein contained. Notary Public 1 THIS INSTRUMENT DRAFTED BY: , Julius C. Smith 6750 France Avenue South ' Suite #252 Edina , MN 55435 ( 612 ) 920-1521 ■ 4 ACCESS EASEMENT KNOW ALL MEN BY THESE PRESENCE, that FRANK BEDDOR, JR. and MARILYN A. BEDDOR, his wife, of the County of Collier, State of Florida , the record owners in fee simple of the following two tracts of land: 1 TRACT I ' Lot 5 , Block 1 , "CHRISTMAS ACRESTM , according to the plat thereof. Carver County, Minnesota, and, ' TRACT II Lot 1 , Block 1, "DAVID BEDDOR ADDITION" , according to the plat thereof on file and of record in the Office of the County Recorder, Carver County, Minnesota , do hereby create and grant a perpetual, non-exclusive appurtenant ' easement for ingress and egress and for utility purposes , for the benefit and use of the record owners of said Lot 1, Block 1 , "DAVID BEDDOR ADDITION" , their heirs successors and assigns for said easement for over, under and through part of Lot 5, Block 1, "CHRISTMAS ACRES" , and which said easement is more particularly ' described in Exhibit A attached herto and hereby made a part hereof. I Said easement shall be permanent and appurtenant to said Lot ' 1, Block 1, "DAVID BEDDOR ADDITION" ; and shall not merge in title albeit the fee owners of said Lot 5 , Block 1 , "CHRISTMAS ACRES" and Lot 1, Block 1 , "DAVID BEDDOR ADDITION" , are one in the same person or persons. 1 IN WITNESS WHEREOF, the parties have hereunto set their hands this _ day of _ , 1990. I Frank Beddor, fir. • P57 31517K.A. Beddor STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) On this day of , 1990 , personally appoared , Frank Aeddor, 3r.- and Marilyn A. Soddor, his wife, to me known to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purpose , therein contained . 11 Notary Public , THIS INSTRUMENT DRAFTED BY: ' Julius C. Smith 6750 France Avenue South Suite X1252 Edina , MN 55435 (612 ) 920-1521 I 1 1 LOT SURVEYS COMPANY , INC. V/"'1V 1 V I— LAND SURVEYORS CHRISTMAS LAKE ���----,, . _SHORELINE 111111111 ,' / 11 / ra / j 1�/ 588°33'50" __/ ' /C•, 123.81 / I ' / -SURVEY LINE / ' i / / / / / / / / / / / \ / m, %/ �/ / .. n, / / m "T / / N' . C.) e4 / l �' SCALE IN FEET 4•' �' '/ v / 50 0 '50 100 cU_ v 3 / �/ j 's:!'co / 'R' !u $n.P / / , a DENOTES JUDICIAL LANDMARK SET PERSUANT 2 '..."..4 / / ,h TO TORRENS FILE NO T-560 - '- / I / O o DENOTES JUDICIAL LANDMARK SET PERSUANT . o q / / ` TO TORREN FILE NOS.T-630ood T-631 W ' / / 2 r, DENOTES IRON MONUMENT ' -/ / ORIENTATION OF THIS BEARING SYSTEM '. / /J IS BASED ON AN ASSUMED DATUM .7 / / BENCHMARK TOP NUT OF HYDRANt ON ' / / SOUTH SIDE OF PLEASANT VIEW ROAD / / OPPOSITE SOUTH EAST PROPERTY CORNER AS SHOWN ELEV=1009 95 , / C' / . FEET N.G.V.D.1929 ADJ. / / `J / WATER ELEVATION OF CHRISTMAS J// / LAKE ON AUGUST 20111,1990 0 931.5 / /FEET N G V D 1929 ADJ / // , /"4✓ tV /4 / he /P /J /o' / 0�0� 3/ ./ 1._ � __-.-7-1 I �}I- 144,82 I (J / UTILITY 8 DRAINAGE I I °j EASEMENT I ■ ;! ,� / 1 I . / I v CI I N /V ' 2 o0 /ti /YV 1 w m / �C/ I 1 70 - -- --6j� ____t -o° -- • / 1 • c/ ___,2•_-_821.1•22.. I z _S83.13_5_E R 489.44" I I —__ �_ _ __.__ L=11980 R=83784 24.58 489.54_ • L"69,88 °____ __ EAST CORNER Of ,' a or IMPS ACRES° h PLEASANT VIEW ROAD ' R Sepx4'u:'V `'c W'°i :e4.� h •544 5o. y — r�tid 4� f -- -- - - N 88°3541°E 236.43 •— -. _. •M130A4 089`+35'41"�/ ^�••? N I Fnc,r e�- ,V,L.`VI/ ROAD 8 ___1---ti-_ '' g Pi ion all Y V Iz Mt ✓V ARK'iso iiiii.az-mr. -INN w r ism um ma Ns me mu me 1 .._ I .. . t . ' 44 I CD - m c i.T./ i . -,0 is=_.7,, 0— .1 ■ a- I '. Z ( - - c; N 0 _., 'c ''''', / _.,t. I I . ---.-----../1 .".. ....'- ---- ' ,,_ c`, 7., .... CP 3 7 I 7\CCP , / ' lls i / . • - ‘1. ' ...._L '''',......N i .-.. 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