1a. Addendum to Dev Contract for Reed Addition . .I ___........._.
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CITY OF, CHANHASSEN
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1 _ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
I MEMORANDUM Action by City Administrator
Endorse f&
TO: Gary Warren, City Engineer >ilo0ifisd..
' FROM: Dave Hempel , Sr. Engineering Technician A wed
DO Submitted to Commission
DATE: October 31 , 1989
1 SUBJ: Approve Addendum to Development Contract for Submitted to cowed
Reed Addition 11 - (0 "1 1
1 Project No. 88-24 (pvt)
On September 25 , 1989 , the City Council approved the final plat
I for Reed ' s Orchard Ridge with a list of conditions . One of those
conditions was for the applicant to amend the existing develop-
ment contract to conform to the new plat. The applicant has
1 worked out a cooperative agreement with Roger Zahn, developer of
the Seven Forty-One Crossing site, to grade the site, install the
utilities and pave the street in return for ponding rights on the
1 Reed ' s Orchard Ridge Addition. Due to errors in the ground con-
tour data used together with the revised plat layout, it was
necessary to modify the previous grading, drainage, street and
utility plans for the site. Mr. Zahn ' s engineer, Rehder-Wenzel ,
1 has supplied the City with a workable set of grading, drainage,
street and utility plans for this development. These new plans
should be incorporated into the Reed Addition development
icontract.
According to the development contract under the general con-
ditions, item 19, Miscellaneous, paragraph H, Waivers and
1 Amendments; to be binding, amendments or waivers shall be in
writing signed by the parties and approved by written resolution
of the City Council . Therefore, it is recommended that the City
I Council adopt a resolution amending the Reed Addition development
contract with the attached addendum.
1 Attachment: Addendum "A" OFFICIAL ENGINEERING COPY
Received
IRevision No.
Approved by City Engineer
I Date
Approved by City Council
Date
CITY OF CHANHASSEN
' DEVELOPMENT CONTRACT ADDENDUM "A"
REED ADDITION
This agreement, made and entered into this day of
, 1989 , by and between GARY G. REED and JANET SULLIVAN
' REED, husband and wife, (hereinafter referred to as the
"Developer" ) , and the City of Chanhassen, a Minnesota municipal
corporation (hereinafter referred to as the "City" ) ;
' WITNESSETH, that the City in the exercise of its powers
pursuant to MSA Section 462 . 358 and other applicable state laws ,
and the Developer, in consideration of the mutual covenants
herein contained, recite and agree as follows:
Section 1 . Recitals.
' 1 . 01 Reed' s Orchard Ridge Approvals:
The Developer received City Council approval on September
' 25 , 1989 for the Reed' s Orchard Ridge final plat (formerly
referred to as Reed Addition ) , dated September 25 , 1989 ,
prepared by Coffin & Gronberg, Inc. The City has also
approved plans for grading, drainage, erosion control ,
utility and street construction dated September 7, 1989 ,
prepared by Rehder-Wenzel, Inc . The approvals incorporated
additional conditions which are summarized below and to the
Developer on October 10 , 1989 .
Section 2. Conditions.
2. 01 The remaining parcel lying east of the plat and west of
Trunk Highway 41 (Outlot "B" ) cannot be developed until it
receives preliminary and final plat approval , any site plan
approvals if necessary and receive an access permit from
MnDOT for access from Trunk Highway 41.
2 . 02 The Developer shall provide screening between the southerly
lots and the Gowan property.
2. 03 The Developer shall supply the City with two mylar copies
of the plat. One copy at 1" = 500 ' scale and the other at
1" = 200 ' scale.
2. 04 The Developer shall provide a 15-foot wide utility and
drainage easement covering the existing 30-inch storm sewer
that runs through Lots 1 and 3 of Block 1.
' 2. 05 The Developer shall dedicate an additional 9 feet of street
right-of-way along the north lot line of Lot 1 and Lot 3,
' Block 1. This would give the City one-half of the typical
50-foot wide right-of-way required for a dedicated City
street.
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Section 2. Conditions (continued) .
2.06 The Developer shall convey to the City a 25-foot wide trail I
easement for the proposed trail on the north lot line of
said Outlot B directly east of the proposed plat.
2.07 The Developer shall provide a street, utility and drainage '
easement for the small piece of roadway that is on the
Seven Forty-One Crossing plat directly north of the subject I
plat.
2.08 Outlot A is used for ponding purposes and should be I
dedicated as a drainage easement for ponding or transferred
by deed to the City.
2.09 The Developer shall convey to the City a drainage easement
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on said Outlot B for the pond slopes extending over from
Outlot A.
2 .10 All approvals and conditions herein shall be subject to the I
terms and conditions of the original Development Contract
dated October 19 , 1988 , as well as the within agreement and
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on the further condition that the Developer and the City
enter into this agreement.
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IN WITNESS WHEREOF, the parties hereto have caused these
II presence to be executed on the day and year first above written .
II CITY OF CHANHASSEN
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Donald J. Chmiel , Mayor
i (SEAL)
Don Ashworth , City Manager
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DEVELOPER:
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iGary G. Reed
IJanet Sullivan Reed
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IHSZ DEVELOPMENT, LTD.
IRoger Zahn , President
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STATE OF MINNESOTA )
( ss .
COUNTY OF CARVER ) I
The foregoing instrument was acknowledged before me this
day of , 1989 , by Donald J. Chmiel , Mayor, and
by Don Ashworth, City Manager , of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council .
NOTARY PUBLIC
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STATE OF MINNESOTA )
( ss .
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 1989 , by Gary G. Reed and Janet
Sullivan Reed, husband and wife.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss .
COUNTY OF ) '
The foregoing instrument was acknowledged before me this
day of , 1989 , by Roger Zahn, President of ,
H.S.Z. Development, Ltd. , a Minnesota corporation, on its behalf.
NOTARY PUBLIC
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