1a. Approve Grading Permit for Chan Hills 3rd Addition CITY O ....._____
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: 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
_` 612 937-1900
- ) mu;by Ckyy Administrator
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MEMORANDUM godiiied
Rejected
TO: Don Ashworth, City Manager
�ate 4I4 -2_
Date Subm:tiod to Commission
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FROM: Gary Warren, City Engineer 14 -
'bate Submitted to Countl
IDATE: March 20 , 1989 411111111' is, . ii;L
SUBJ: Approve Grading Plan and Permit for Chanhassen Hills Third
I Addition
File No. PW144F - 89-3
I Attached is the grading permit for Chanhassen Hills Third
Addition. Recognizing Meritor Development Corporation ' s time-
table, a separate grading permit has been requested at this time
II with full plans and specifications approval to come before the
City Council in April .
1 The City has had similar requests in the past from McGlynn and
Burdick properties . The attached grading permit is consistent
with that format. Likewise, the grading plan is consistent with
the mass grading concept of the PUD.
IThe permit requires the Developer to obtain and/or comply with
Watershed Disctrict requirements and the conditions of approval
I for the site plan , grading plan and erosion control plan as laid
out in the PUD plan of Chanhassen Hills Addition. The Developer
has submitted plans to the Riley-Purgatory-Bluff Creek Watershed
District for their review on March 1, 1989 . Likewise, the City ' s
IIgrading permit fees have been paid.
It is therefore recommended that the attached grading plan and
Ipermit be approved and authorized for execution .
1 Attachments
1 . Application
2 . Grading Permit
3 . Grading/Erosion Control Plan
I
11
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Date February„28, 198(2 -
Permit No.
APPLICATION FOR EXCAVATING PERMIT Fee : 02 YYD
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Owners Name 1 *o
14- . n
1- - . . -. . .. . ' . . Tele hone ;. _ ,,, -
Address 605 West Travelers Trail
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Excavator Enebak Construction
Telephone 333-1307
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Address P.O. Box 458, Northfield, Minnesota 55057
Lot Block 1
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Subdivision Chanhassen Hills 3rd
Site Address
I
Description of work to be done: Site Grading
1
1
Indicate the use or occupancy for which the proposed work is 1
intended :
1
Estimated quantity of excavation 120,000 I
cubic yards
Plot plan showing present elevations . -
Elevations after excavation is completed: 1
Elevations of neiahboring property within 15 feet of excavation:
I
Location of any buildings or structures on the property where the 1
work is to be performed and the location of any buildings or
structures on land of adjacent owners which are within 15 feet
of the property o•r which may be affected by the proposed grading
I
ope rations :
1
1
J,Q C mat,-r' me moo-(o rh.� 6.>i I
APPLICAN S SIGNATUpE ��
II
GRADING PERMIT
PERMIT dated , 1989 , issued by the CITY
OF CHANHASSEN, a Minnesota municipal corporation ( "City" ) , to
MERITOR DEVELOPMENT CORPORATION, (the "Developer" ) .
1. Request for Plat Approval. The Developer has asked
the City to approve a grading permit in conjunction with the pro-
posed plat for CHANHASSEN HILLS THIRD ADDITION (referred to in
this permit as the "plat" ) .
2. Conditions of Approval. The City hereby approves
the permit on condition that the Developer abide by its terms
and furnish the security required by it.
3. Plans. The plat shall be graded in accordance with
the following plans . The plans shall not be attached to this
permit. If the plans vary from the written terms of this permit,
the written terms shall control. The plans are:
Plan A--Soil Erosion Control Plan and Schedule
Plan B--Grading Plan
4. Time of Performance. The Developer shall complete
the grading and erosion control by November 1, 1989. 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.
5 . Erosion Control. Plan A shall be implemented by the
Developer and inspected and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial . All areas disturbed by the excavation and back-
filling operations shall be reseeded forthwith after the comple-
tion of the work in that area. Except as otherwise provided in
the erosion control plan, seed shall be rye grass or other fast-
growing seed suitable to the existing soil to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be
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. The City will endeavor to notify
the Developer in advance of any proposed 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 reim-
burse the City for any cost the City incurred for such work
within thirty ( 30 ) days, the City may draw down the letter of
credit to pay any costs .
6. Clean up. The Developer shall daily clean dirt and
debris from streets that has resulted from construction work by
the Developer, its agents or assigns.
7. Security. To guarantee compliance with the terms of
this permit, the Developer shall furnish the City with a cash
escrow or irrevocable letter of credit from a bank ( "security" )
for $248 ,000 . The bank and form of the letter of credit shall be
subject to the approval of the City Administrator. The letter of
credit shall be for a term ending May 1, 1990.
8. Responsibility for Costs.
A. Except as otherwise specified herein, the
Developer shall pay all costs incurred by it or the City in con-
junction with the grading and erosion control , including but not
limited to inspection expenses incurred in connection with appro-
val and acceptance of the permit.
B. The Developer shall hold the City and its of-
ficers and employees harmless from claims made by itself and
third parties for damages sustained or costs incurred resulting
from permit approval and work done in conjunction with it. The
Developer shall indemnify the City and its officers and 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 permit, including engineering
and attorney ' s fees.
D. The Developer shall pay in full all bills sub-
mitted to it by the City for oblications incurred under this per-
mit within thirty ( 30 ) days after receipt. If the bills are not
paid on time, the City may halt all work and construction .
9. 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 by the
City, provided the Developer is first given notice of the work in
default, not less than four ( 4 ) days in advance. This permit 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 such work, the City may, in addition to
its other remedies , assess the cost in whole or in part.
10 . Notice. The applicant must notify the City Engineer
in writing a minimum of 48 hours prior to construction.
11. Watershed District Permit. The applicant shall
comply with the conditions of the attached Watershed District
permit, especially as it relates to seeding and restoration of
vegetative cover .
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CITY OF CHANHASSEN
BY:
Donald J. Chmiel , Mayor
(SEAL)
BY:
Don Ashworth, City Manager
DEVELOPER
MERITOR DEVELOPMENT CORPORATION
BY:
Its
STATE OF MINNESOTA )
( ss .
COUNTY OF CARVER )
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
STATE OF MINNESOTA )
( ss .
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 1989 , by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
( 612 ) 937-1900
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