1c Approved Liberty on Bluff Creek Development Contract Amendment
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147-
Chanhassen, MN 55317
Adm inistrati on
Phone: 952.227.1100
Fax: 952.227.1110
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Phone: 952.227.1180
Fax: 952,227.1190
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2310 Coulter Boulevard
Phone: 952,227.1400
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Natural Resources
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Web Site
www.ci.chanhassen.mn.us
~~
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM:
Kate Aanenson, AICP, Community Development Director
DATE:
April 18, 2006
00
SUBJ:
Approve Amendment to Development Contract for
Liberty on Bluff Creek
BACKGROUND
Liberty on Bluff Creek was given final plat and development contract approval on
March 13, 2006. The applicant is requesting two ~inor amendments. The City
Attorney has reviewed these changes and finds them acceptable.
ANA YLSIS
Town & Country Homes has requested that the City of Qhal1hassen modify the
original development contract for Liberty on BluffCreekt<?refl~'?t their
partnership with an outside group. Town & CountryHomeshaspartnered with
GMA C Model Homes Finance, . Inc.. in connection withthe<acquisition~nd
development of the Liberty on Bluff Creek project. Town&CountrYfIomes
retains responsibility for the development of theproperty,thoughthegostof
development will.initially be paid by GMAC...Theproposedmodificationsdo not
alter the responsibilities.ofTown & Country HomestodevelopthepropertYin./....
accordance with the approved development contract which was considered by the .
City Council on March 13,2006. Town & CountryHomeshasrequyste<ithatt'NO
documents be inserted as exhibits to the original development contract. Thosei .
documents are the "OWNER CONSENT TO DEVELOPMEN"l'%ON"Tl{~(S'['" .
and the "CONSENT TO PLAT FOR LIBERTY ON BLUFFCREEK."Because
this partnership does ,'not. propose any modificationstoth~ ,te~sgfthe'pr~'yiQll,sly
appro"e4dev~lopmentcontract, staff recommendsappr()val.
RECOMMENDATION
Staff recommends..that...the...City ..Council...approve.. the ..proposed ..attached
amendments to the.'Libertyon:Bluff Creek <Dev,elopment Contract.
g:\plan\2005 planning cases\05-11 liberty on bluffcreek\developtnentcontractchanges.doc
Th e City of C han h asse n · A g rowi ng commu n ity with clean lakes, qua Ii ty sch 00 Is, a charm i n g downtown I th ri vi ng bu si nesses I wi nd i n g trai Is, and beauti fu I parks. A great p lace to live, work, and play.
OWNER CONSENT TO DEVELOPMENT CONTRACT
IN WITNESS WHEREOF, the undersigned, as owner of the property as legally
described on Exhibit A" (the "Property") to this Development Contract, hereby consents
to the within and foregoing Development Contract and the recording of such this -
day of , 2006. The undersigned is executing this joinder and consent
solely for the purposes of subjecting the Property to the Development Contract. The
undersigned is not assuming and expressly disclaims any and all personal obligations of
the Developer under the Development Contract. All personal obligations of the
Developer under the Development Contract will remain with the Developer.
PROPERTY OWNER:
GMAC Model Homes Finance, Inc.
By:
[Seal]
Its:
***
ST ATE/COMMONWEALTH OF
*
CITY/COUNTY OF
* to wit:
*
I HEREBY CERTIFY that on the _day of , 2006, before the
subscriber, a Notary Public in and for the above jurisdiction, personally appeared
, known to me (or satisfactory proven) to be the
of GMAC Model Home Finance, Inc., a Virginia
corporation, and that such person, being authorized to do so, executed the foregoing
instrument for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
[NOTARIAL SEAL]
4010461_I.DOC
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
Residential Funding Corporation, a Delaware corporation, the holder of a mortgage on
the subject property, the development of which is governed by the foregoing Development
Contract, agrees that the Development Contract shall remain in full force and effect even if it
forecloses on its mortgage.
Dated this _ day of April, 2006.
RESIDENTIAL FUNDING
CORPORATION
By:
Its:
COUNTY OF
)
) SSe
)
STATE OF
The foregoing instrument was acknowledged before me this
by the
Residential Funding Corporation, a Delaware corporation, on behalf of the corporation.
day of April, 2006,
of
Notary Public
4016940_1.DOC
CONSENT TO PLAT
FOR
LIBERTY ON BLUFF CREEK
WHEREAS, Residential Funding Corporation-, a Delaware corporation, is the mortgagee
(the "Mortgagee") under the Mortgage with GMAC Model Home Finance, Inc., a Virginia
corporation, dated April _, 2006 and filed of record , 2006 as Document
No. in the office of the County Recorder, Carver County, Minnesota (the
"Mortgage"); and
WHEREAS the property secured by the Mortgage legally described on attached Exhibit A
is being platted as Liberty on Bluff Creek;
NOW, THEREFORE, Mortgagee hereby consents to said plat.
Dated this _ day of April, 2006.
RESIDENTIAL FUNDING
CORPORA TION
By:
Its:
COUNTY OF
)
) SSe
)
STATE OF
The foregoing instrument was acknowledged before me this
by the
Residential Funding Corporation, a Delaware corporation, on behalf of the corporation.
day of April, 2006,
of
Notary Public
This instrument was drafted by:
Fredrikson & Byron, P.A. (LML)
200 South Sixth Street
Suite 4000
Minneapolis, MN 55402
4016940_1.DOC
EXHIBIT A
Legal Description of Property being Platted
That part of the Southwest Quarter (SW14) of the Northeast Quarter (NE14) of Section
Twenty-seven (27), Township One Hundred Sixteen (116), Range Twenty-three (23) described
as: Commencing at the Southwest corner thereof; thence North 1 degree 11 minutes 38 seconds
West (assumed bearing) along the West line of said Southwest Quarter (SW14) of the Northeast
Quarter (NEl,4) a distance of 531.9 feet to the actual point of beginning of the land to be
described; thence continuing North 1 degree 11 minutes 38 seconds West along said West line of
the Southwest Quarter of the Northeast Quarter a distance of 231.70 feet; thence North 88
degrees, 48 minutes, 22 seconds East, 470.00 feet; thence South 1 degree 11 minutes 38 seconds
East, 231.70 feet; thence South 88 degrees 48 minutes 22 seconds West, 470.00 feet to the actual
point of beginning, according to the plat thereof on file or of record in the office of the County
Recorder, Carver County, Minnesota.
AND
That part of the Southwest Quarter of the Southeast Quarter of Section 22, Township 116, Range
23, Carver County, Minnesota described as follows:
Commencing at the southwest corner of said Southwest Quarter of the Southeast Quarter of
Section 22; thence South 88 degrees 08 minutes 10 seconds East, assumed bearing, 462.00 feet
along the south line of Southwest Quarter of the Southeast Quarter to the point of beginning of
the tract to be described; thence continuing South 88 degrees 08 minutes 10 seconds East 863.36
feet along said south line of the southeast comer of said Southwest Quarter of the Southeast
Quarter; thence North 01 degree 06 minutes 07 seconds East 1310.74 feet along the east line. of
said Southwest Quarter of the Southeast Quarter to the northeast comer thereof; thence North 88
degrees 18 minutes 51 seconds West 66.00 feet along the north line of said Southwest Quarter of
the Southeast Quarter; thence South 37 degrees 51 minutes 31 seconds West 157.08 feet; thence
South 72 degrees 21 minutes 31 seconds West 287.10 feet; thence South 35 degrees 51 minutes
31 seconds West 125.40 feet; thence South 16 degrees 51 minutes 31 seconds West 244.20 feet;
thence North 80 degrees 18 minutes 51 seconds West 93.91 feet to a point on the. west line of the
East Half of said Southwest Quarter of the Southeast Quarter; thence South 01 degree 06 minutes
32 seconds West 491.28 feet along said west line; thence South 38 degrees 05 minutes 03
seconds West 333.62 feet to the point of beginning.
AND
The West Half of the Northeast Quarter of Section 27, Township 116, Range 23, Carver County,
Minnesota;
EXCEPT the following described parcel: Beginning at the southeast corner of the Southwest
Quarter of the Northeast Quarter of said Section 27; thence North 00 degrees 29 minutes 05
seconds West, assumed bearing, 528.00 feet along the east line of said Southwest Quarter of the
Northeast Quarter; thence North 89 degrees 12 minutes 00 seconds West 617.10 feet; thence
South 00 degrees 29 minutes 05 seconds East 528.00 feet to a point on the south line of said
Southwest Quarter of the Northeast Quarter; thence South 89 degrees 12 minutes 00 seconds East
617.10 feet along said south line to the point of beginning.
ALSO EXCEPT that part of said Southwest Quarter of the Northeast Quarter of Section 27
described as commencing at the southwest corner of said Southwest Quarter of the Northeast
Quarter; thence North 00 degrees 32 minutes 15 seconds West, assumed bearing, 531.90 feet
along the west line of said Southwest Quarter of the Northeast Quarter to the point of beginning
of the tract to be described; thence continuing North 00 degrees 32 minutes 15 seconds- West
231.70 feet along said west line; thence North 89 degrees 27 minutes 45 seconds East 470.00
feet; thence South 00 degrees 32 minutes 15 seconds East 231.70 feet; thence South 89 degrees
27 minutes 45 seconds West 470.00 feet to the point of beginning.