1d Arboretum Bus Park 3rd Add
CITY OF
CBANBASSEN
¡ City Cmltr Drivt, PO Box 147
:hanhlWm, Minn"ofa 55317
Phon, 612.937.1900
Genrral Fax 612.937.5739
ngin,rong Fax 612.937.9152
. ,büe SAftty Fax 612.934.2524
Vib www.â.ehanhlWen.mn.us
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MEMORANDUM
TO:
Teresa Burgess, Public Works Director/City Engiueer
Dave Hempel, Assistant City Engineer ~
May 2, 2000
FROM:
DATE:
SUBJ:
Consider Proposed Declaration of Covenants - Arboretum Business Park 3'"
Addition - Project No. 99-5
BACKGROUND
In conjunction with the platting of Arboretum Business Park 3'" Addition, sewer and water
service was extended through the plat to the city's parcel (old Wrase parcel) off of Hazeltine
BoulevardITrunk Highway 41. The City and developer, Steiner Development, agreed to cost
participate in the construction of sanitary sewer improvements to serve the city's parcel. A
condition was placed in the development contract for Arboretum Business Park 3'" Addition,
specifically page SP-4, Item D, which will require that the city's parcel be responsible for
payment of a sanitary sewer connection charge equal to one-third of the actual cost of
construction of the sanitary sewer improvements constructed withiu the plat. The sanitary
sewer connection charge is proposed to be collected by the city at time of building permit
issuance for construction of improvements on the city owned parcel. The city agreed to
execute a declaration in recordable form to be recorded against the title to the city owned land
'placiug future property owners of such land on notice that the sanitary sewer conn.ection
charge will be applicable.
PROPOSAL
The developer's attorney has drafted a declaration of covenants to be recorded against the city
owned parcel. The city attorney has reviewed the document and is comfortable with the
format. Staff, however, realizing the city's costs of the sanitary sewer extension is $6,988.80,
felt that it may be more prudent to pay the connection charge to the developer at this time iu
lieu of placing a declaration agaiust the city owned property. (Considering the attorney's
time for .review and recordiug of the documents and .future title matters of the city owned
property.) The developer is favorable to. this proposal as well.
It is therefore recommended that the City Council reimburse the developer of Arboretum
Business Park 3'" Addition $6,988.80 for the sanitary sewer connection charge for the city's
parcel in acc9rdance with Condition "D" of the Special Conditions in the development
contract for Arboretum Busiuess Park 3'" Addition.
Attachments:
1. Location map.
2. Excerpts from development contract for Arboretum Business Park 3'" Addition.
3. Copy of Declaration of Covenants.
4. Memo from Bill Bement, Engineering Technician IV dated April 24, 2000.
c: Fred Richter, Steiner Development
g:\eng'qnojects\uboretum 3~onsider proposed declaration of covenants.doc
, City ofChanhassen. A KTOwin~ eommunil"! with cltan lak", q..lil"! "hools, a eharminr downtown. thrivinr business", and beauri(ùl parks. A "'at pia" to livt. work. and pia.
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8-foot wide Bituminous Trail............ ........ $ 5,500.00
Sanitary Sewer and Water Improvements. ..... ..... $ 29,000.00
TOTAL COST OF PUBLIC IMPROVEMENTS ............... $ 127.300.00
This breakdown is for historical reference; it is not a
restriction on the use of the security. The security shall be
subject to the approval of the City. The security shall be for a
term ending December 31, 2000. The City may draw down the
security for any violation of the terms of this Contract which is
not cured within 7 calendar days of written notice to the
Developer, except under emergency conditions. If the Improvements
are not completed at least thirty (30) days prior to the
expiration of the security, the City may also draw it down. If
the security is drawn down, the draw shall be used to cure the
default. With City approval, the security may be reduced from
time to time as financial obligations are paid, but in no case
shall the security be reduced to a point less than 10% of the
original amount until all Improvements are complete and accepted
by the City. Upon completion of the Improvements and acceptance
by the City, the balance of the security shall be released to the
Developer.
8. Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail
at the following address:
Chaska Gateway Partners Limited Partnership
c/o Steiner Development
Attn: Frederick Richter
3610 South Highway 101
Wayzata, MN 55391
Telephone: (612) 473-5650
Facsimile: (612) 473-7058
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 City Center Drive, P.O. Box 147,
Chanhassen, Minnesota 55317, Telephone (612) 937-1900. Mailed
notices shall be deemed to have been delivered 2 business' days
after deposit with the u.S. Postal Service.
9. Other Special Conditions.
A. Arboretum Business Park 3rd Addition will be
responsible for a water quality fee of $22,146 and a water
quantity fee of $20,841. Additional credit will be given for
SP-3
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installation of a 24 inch instead of a 15 inch storm sewer. This
credit which is $4,592.00 is based on the cost difference between
the two pipe sizes over a distance of 560 feet.
The Developer may decide to use the remaining water quality credit
towards this development, but once this credit is gone, future
phases will be assessed the remaining SWMP fee owed ($473,620).
The grading plan prepared by Schoell & Madson,
Inc. dated December 16, 1998, revised March 1, 1999 shall be
revised to be consistent with the approved construction plans for
Arboretum Business Park 3rd Addition prepared by Sunde
Engineering. In addition, the final grading plan shall be signed
by a registered professional engineer.
C. MnDOT's review comments shall be incorporated into
the final grading and development plan.
-,- D. The City-owned land immediately to the north of
the plat shall be responsible for payment of a sanitary sewer
connection charge equal to one-third of the actual cost of
construction of the sanitary sewer improvements constructed within
the plat in accordance with the plans. This sanitary sewer
connection charge shall be collected by the City at the time of
building permit issuance for the construction of improvements on
the adjacent City-owned parcel and shall be immediately remitted
to the Developer. Upon determination of the actual cost of the
sanitary sewer improvements installed within the plat, the City
agrees to execute a Declaration, in recordable form, to be
recorded against the title to the adjacent City-owned land placing
future owners of such land on notice of this sanitary sewer
connection charge.
E. The Chanhassen/Chaska joint water and sanitary
sewer agreement stipulates a sanitary sewer discharge of no more
than 1,500 gallons per acre and water usage will be no more than
2,000 gallons ìJeT õ{;"re -per parcel,. -However, 13ince the
contribution area has been significantly reduced, the City of
Chaska has agreed to modify and regulate the discharge rate on an
individual basis as development is proposed.
F. All areas disturbed as a result of construction
activities shall be immediately restored with seed and disc-
mulched or wood fiber blanket or sod after completion of each
activity in accordance with the City's Best Management Practice
Handbook.
G. The applicant shall submit detailed storm drainage
calculations using the Rational method for a 10-year and 100-
year, 24-hour storm event to the City Engineer for review and
SP-4
MILLER, STEINER & CURTISS, P.A.
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
JERRE A. MILLER
JEREMY S. STEINER"
WYNN CURTISS
400 NORWEST BANK BUILDING
10 II FIRST STREET SOUTH
HOPKINS, MINNESOTA 55343
-Real Property Law Spccialist, certified
952-938-7635
FAX 952-938-7670
by the Minnesota Stak Bar Associ.UOD
April 19, 2000
Mr. Dave Hempel
Engineering Department
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Re: Arboretum Business Park 3,d Addition
Dear Dave:
Paragraph 9D of the Development C9ntract/PUD Agreement for Arboretum Business Park 3'd Addition
requires the City ofChanhassen to execute a Declaration subjecting the City-9wned land north of Arboretum
Business Park 3'd Addition to an obligation to pay a sanitary sewer connection charge equal to one third
of the actual cost of c9nstruction of sanitary sewer improvements within the plat. Those costs have now
been determined to be $20,966.40. Therefore, I have prepared a proposed Declaration of Restrictive
Covenant to be signed by the City and recorded against the title to the City-owned land, as required by
Paragraph 9D of the Development Agreement. We have enclosed a copy of the proposed Declaration
with this letter. We have also enclosed a copy of the letter and supporting documents that I received from
Fred Richter documenting the sanitary sewer construction costs.
Please read the enclosures and call me with any questions and to discuss arrangements for execution of
the Declaration of Restrictive Covenant by the City.
v~ 1w.ly yours,
(~1 51v-
Jererny S. Steiner
JSS/drs
Enc.
cc:
Mr. Fred Richter w/enc. (Declaration)
CITY OF CHANHASSEN
fI{¡~¡¡:~n1/l11i[Ö)
APR 2 0 2000
c:chaska\hempel.ltr
ENGINEERING /)/,p,.
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARA nON, made and executed as of this
day of
2000, by the City of Chanhassen, a municipal corporation under the laws of Minnesota
("Declarant"), as owner of the Real Property hereinafter described:
RECITALS
A. Declarant is the owner of Real Property situated in Carver County, Minnesota, legally
described in Exhibit A attached hereto and incorporated herein (the "Real Property").
B. Declarant and Chaska Gateway Partners Limited Partnership ("Developer") are the parties
to a Development Contract/PUD Agreement for Arboretum Business Park 3rd Addition (the
"Development Contract"), dated October I I, 1999. The Development Contract was filed for
record , 1999, as Carver County Recorder Document No.
C. Paragraph 9D of the Development Contract provides that the Real Property shall be subjected
to the obligation to pay a sanitary sewer connection charge equal to one-third of the actual
cost of construction of sanitary sewer improvements ("Costs") constructed within the plat
of Arboretum Business Park 3rd Addition (the "Plat") by or on behalf ofDeveioper and that,
upon determination of such Costs, the City shall execute a Declaration to be recorded against
title to the Real Property placing future owners of the Real Property on notice of the sanitary
sewer connection charge.
D. The Costs identified and defined in Recital Paragraph C have now been determined.
Therefore, Declarant is executing this Declaration as required by Paragraph 9D of the
c: chaska\dec1aration
Development Agreement.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated in
this Declaration, and the tenns and conditions stated herein, Declarant hereby declares that the Real
Property shall be held, transferred, sold, conveyed and improved subject to the following restrictive
covenant:
1. Declarant and Developer hereby stipulate and agree that the Costs incurred by or on behalf
of Developer in completing construction of sanitary sewer improvements within the plat of
Arboretwn Business Park 3rd Addition were $20,966.40. One-third of this amount, or
$6,988.80, shall be and hereby is imposed upon the Real Property as a sanitary sewer
connection charge.
2. The $6,988.80 sanitary sewer connection charge imposed upon the Real Property shall be due
and payable to Developer and collected by the Declarant at the time of building pennit
issuance for construction of any improvements upon the Real Property. The City shall
immediately remit such sanitary sewer connection charge to the Developer at the following
address:
Chaska Gateway Partners Limited Partnership
c/o Steiner Development, Inc., General Partner
3610 County Road 101
Wayzata, MN 55391
3. The restrictive covenant and obligation to pay the sanitary ,sewer connection charge
established by this Declaration shall operate as a covenant running with the title to the Real
Property, which shall be enforceable by the Declarant and the Developer. Such restrictive
covenant and obligation to pay the sanitary sewer connection charge shall be binding upon
c:chaska\declaration
-2-
the Declarant and its successors and assigns and shall benefit the Developer and the
Developer's successors and assigns.
IN WITNESS WHEREOF, Declarant has executed this Declaration as of the day and year
first above written.
CITY OF CHANHASSEN
By
Its Mayor
By
Its City Manager
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2000, by the mayor, and
, the city manager, of the City of Chanhassen, a municipal
corp9ration under the laws of the ~tate of Minnesota, on behalf of the municipal corp9ration.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Miller, Steiner & Curtiss, P.A.
400 Norwest Bank Building
101 I First Street South
Hopkins, MN 55343
c:chaska\declaration
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EXHIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY
The North 200 feet of that part of the South Half of the Northwest Quarter of
Section 16, Township 116 North, Range 23, described as follows:
Commencing at the Southwest comer of said Northwest Quarter; thence South 89
degrees 52 minutes 35 seconds East (assumed bearing) along the South line of said
Northwest Quarter, a distance of 1,410.72 feet; thence North 0 degrees 52 minutes 20
seconds West a distance of245.6 feet to the actual point of beginning ofland to be
described; thence continuing North 0 degrees 52 minutes 20 seconds West, a distance
of300 feet; thence South 89 degrees 52 minutes 35 seconds East, along a line parallel
with the South line of said Northwest Quarter, a distance of 457 feet; thence South
o degrees 52 minutes 20 seconds East, a distance of 300 feet; thence North 89
degrees 52 minutes 35 seconds West, along a line parallel with the South line of said
Northwest Quarter, a distance of 457 feet to the point of beginning, Carver County,
Minnesota.
c:chaska\decIaration
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CITY OF
CHANHASSEN
690 City Ctntrr Drivt, PO Box 147
ChanhlWen. Minnaofa 55317
Phon, 612.937.1900
Genrral Fax 612.937.5739
Engintrong Fax 612.937.9152
Public Saftty Fax 612.934.2524
Web wwwd.chanhll5sen.mn.us
MEMORANDUM
TO:
Dave Hempel, Assistant City Engineer
FROM:
Bill Bement, Engineering Technician IV.øð
April 21, 2000
DATE:
SUBJ:
Reimbursement of Sanitary Sewer Connection Charge
Arboretum Business park 3rd Addition - Project No. 99-5
I have reviewed the construction bid prices furnished by the developer for the
sanitary sewer portion of this project and have determined the quantities and
calculations of$16,640.00 to be correct and in line with similar projects. Upon
review of the declaration of costs prepared by the developer, a number of other
fees such as design, engineering, testing, project management, etc. have been
included for a total of$20,966.40.
Pursuant to the development contract, Paragraph 9D specifically states that the
City-owned land immediately to the north of the plat shall be responsible for
payment of a sanitary sewer connection charge equal to 1/3 of the actual cost of
construction ofthe sanitary sewer improvements. Therefore, 1/3 of the actual
construction costs ($20,966.40) would be $6,988.80 owed to the developer.
Jms
\\efst \voI2\eng\projects\arboretum 3rd\reimbursement of sewer charge.doc
The Of¡' of ChaTlhmsfll. A ffowinr communir¡ with cleon lakes. qualir¡ schook, 0 chomÛnr downtown. thrivinr busintsses, and beauriM parks. A f/'tat pia" to livt. work. and p,
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MACHTEMES CONSTRUCTION, INC.
P.O. BOX 2711
WACONIA, MINNESOTA 55387
442.4117.442-4309 FAX
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Novem]:)er 17,1999
Stei~e~ Dev910pment
QOOTE.: Flrbore1:UIn 6u.siness Park 3rè Addn
pA.I\T P-.- SANITARY SEWER
470 LF @
100 LE' @
3 ~A @
~ EA @
~
60 LF @
1.S @
L$ @
17.00 ø
20.00 2
1,600.00 2
70.00 WI
~.OO "
500.00 ~
600.00 .a
6" SDR 35
8-12' De.,th
12-16' Depth
S~andðrd MH
a" it 611 wyes
6" PVC Se!:"lice
Televise $~wer
Connect 1:0 existing MH
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PART B- WATERMAIN
~OO~
7,9gO.00
2,000.00
4,800.00
210.0('
540.0G
500.CO
600.0-)
8" DIP Wa~ermain 260 LF @ 17.50 c 4,:50.0C
e" Gate Valve 3 SA @ 72 5 .00 " 2,175.00
Fit tings 500 LB @ 2.00 .. l,OOO.r;c
Hydrant w/Gate Va.!.. ~le 1 ::;1'1 @ 1,900.00 - 1,900.00
Relocate Hydrant 1 EA @ 950.00 .. 950.00
Con1:.ect. to existing 1 SA @ 1,100.00 " ::',000.00
PART c- STCRM SE"ER
12" pVC 28 LF @ 15.00 c 420.-:)0
IS" P.CI? 130 LF @ 22.50 Z,925.00
leu RCJ? 45 LF @ 24.00 .- :"oao.oo
24" RCP CL5 0-10' Doepth 458 LF @ 3e.50 - l;,6.33.00
10-16 '. Dep¡;h 45; LF @ '\2.00 - 19,950.00
Shallow CS 2 EA (! 1,ODO.GO ... 2,000.OC
CB MI-i 2 EA (! 1,200.00 - 2,40Q.CC
Storm MH 3 EA @ 1. 700.00 - 5,lQO.00
24" rES 1 EA @ 1,250.00 c 1,250.00
Cormec¡; cs existi!'\g 2 EA @ 975.00 . 1,950.00
;tack and G=anul:!.r Sedåi~~g L5 @ 2,000.00 - 2,000.00
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TOTAL BID:
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