CAS-05_2018-05 1651 MOTORPLEX CT•
CITY OF CHANHASSEN
PROPOSED MOTION:
PC D#f: January 16, 2018 C-i
CC DATE: February 12, 2018
REVIEW DEADLINE: February 13, 2018
CASE #: 2018-05
BY: BG
"The Chanhassen Planning Commission recommends approval of the Registered Land Survey
creating three parcels and the amendment to the conditional use permit for development within the
Bluff Creek corridor subject to the conditions of the staff report and adopts the findings of fact and
recommendation."
SUMMARY OF REQUEST: Consider an application for a subdivision for a Registered Land
Survey and amendment to a Conditional Use Permit.
LOCATION: 1651 Motorplex Court
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Planning Commission 0 •
1651 Motorplex Court Staff Report Planning Case 2018-05
January 16, 2018
Page 2 of 8
APPLICANT: J & R Properties, LLC
17870 Breezy Point Road
Wayzata, MN 55391
(612)490-7790
rlamettry@gmail.com
PRESENT ZONING: Industrial Office Park (IOP)
2020 LAND USE PLAN: Office Industrial and Parks and Open Space
ACREAGE: 24.0 acres DENSITY: NA
LEVEL OF CITY DISCRETION IN DECISION -MAKING:
The city has limited discretion in approving or denying Conditional Use Permits, based on
whether or not the proposal meets the conditional use permit standards outlined in the Zoning
Ordinance. If the city finds that all the applicable conditional use permit standards are met, the
permit must be approved. This is a quasi-judicial decision.
The city's discretion in approving or denying a Plat is limited to whether or not the proposed
plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it
meets these standards, the city must approve the preliminary plat. This is a quasi-judicial
decision.
Notice of this public hearing has been mailed to all property owners N ithin 500 feet.
PROPOSAL/SUMMARY
The applicant is creating three tracts of land from one large parcel. Due to the subdivision of the
property, the existing Conditional Use Permits approved for the development of the site must be
amended.
The applicant attempted to meet the conditions of approval from 2015 by transferring the Bluff
Creek Overlay district to the city, which the city would attach to the land it owns along Bluff
Creek. However, Carver County would not permit the lot line adjustment, due to the number of
exemptions to platting that occurred with the development of Autobahn Motorplex, wherein each
phase of the development carved out a portion of this property and added it to the property of
Autobahn Motorplex as part of a lot line adjustment.
APPLICABLE REGULATIONS
Chapter 18, Subdivisions, Division 2, Platting Procedures
Chapter 20, Article X)M, "IOP" Industrial Office Park District
Chapter 20, Article IV, Conditional Use Permits
Planning Commission 0 0
1651 Motorplex Court Staff Report Planning Case 2018-05
January 16, 2018
Page 3 of 8
Chapter 20, Article VI, Wetland Protection
Chapter 20, Article )CCU, Bluff Creek Overlay District
BACKGROUND
On June 13, 1988, the Chanhassen City Council approved a land use plan amendment to add
12.2 acres of the site to the Metropolitan Urban Service Area (MUSA) (this represents the
eastern portion of the site) and to change the land use designation from agricultural to industrial
(Land Use Plan Amendment #88-2). The City Council also approved the first reading of the
rezoning request from A2, Agricultural Estate District, to IOP, Industrial Office Park (Rezoning
#88-2) for the southern part (5.6 acres) of the eastern portion of the site, and the preliminary plat
for five lots and two outlots (Subdivision #88-9).
On March 22, 1989, the Chanhassen City Council approved the final plat for Audubon Court,
which permitted the grading of the eastern portion of the property. The plat was never filed.
On April 10, 1989, the Chanhassen City Council approved the second and final reading of the
rezoning of the parcel from A2, Agricultural Estate District, to IOP, Industrial Office Park
(Rezoning #88-2).
On December 11, 2006, the Chanhassen City Council approved the following (Planning Case
#2006-34):
A. Rezoning of the western portion of the site from Agricultural Estate District, A2, to
Industrial Office Park, IOP.
B. Conditional Use Permit for development within the Bluff Creek Corridor with a Variance
to locate the storm water pond within the Bluff Creek primary zone
C. Conditional Use Permit for multiple buildings (up to 14) on one parcel.
D. Site Plan for 12 buildings (one clubhouse/museum building and 11 storage buildings
totaling approximately 177,000 square feet of building area), plans prepared by Sathre-
Bergquist, Inc., dated 10-19-2006.
On December 8, 2008, the Chanhassen City Council approved the amendment to the Conditional
Use Permit to permit the phased development of the project and allow for the incremental expansion
or revision of the property line.
On August 24, 2009, the Chanhassen City Council approved the amendment to the site plan for
Auto Motorplex, Planning Case #09-13, permitting the installation of decks (Planning Case
#2009-13).
Planning Commission • 0
1651 Motorplex Court Staff Report Planning Case 2018-05
January 16, 2018
Page 4of8
On August 10, 2015, the Chanhassen City Council approved the site plan and conditional use
permit for development within the Bluff Creek overlay district and to permit two buildings on
one lot, Planning Case #2015-19. As a condition of the development approval, the developer
was required to dedicate the Bluff Creek Overlay district land to the city.
DISCUSSION
SITE CONSTRAINTS
Wetland Protection
There is a large wetland complex located in the western section of this parcel. This wetland is
found on the Chanhassen Wetland Inventory and on the National Wetland Inventory. This
wetland will be dedicated to the city with Tract A.
Bluff Protection
There are slopes as steep as 2:1 (50%) north of the more northerly building. This area does not
have the 25 feet of rise needed to be considered a bluff. There is no proposed grading within the
bluff area and they are directing all runoff from impervious surfaces away from this area.
During the construction of Autobahn Motorplex, this area proved difficult to stabilize and
significant erosion issues occurred resulting in releases of sediment to the wetland.
Shoreland Management
The buildings on Tracts B and C are not within the Shoreland District for Bluff Creek. The
westerly portion of the property is in the Shoreland District for Bluff Creek.
Floodplain Overlay
The buildings do not lie within a floodplain. The entire
western piece of the parcel is within the floodplain for
Bluff Creek. No impacts to the floodplain are proposed
as part of the development. The city will be receiving
Tract A as part of the process.
Bluff Creek Overlay District
The buildings are not within the Bluff Creek Overlay
District. The entire western piece of the parcel is within
the Bluff Creek Overlay District and has a conservation
easement over the parcel.
FEMA Fiwdplain
Planning Commission 0 0
1651 Motorplex Court Staff Report Planning Case 2018-05
January 16, 2018
Page 5 of 8
The city's Surface Water Management Plan as well as the Bluff Creek Corridor Natural
Resources Management Plan both identify the acquisition of a continuous greenway corridor
from the origination of Bluff Creek near TH 41 to its confluence with the Minnesota River as a
goal. This preservation will also aid in meeting the requirements of the Total Maximum Daily
Load Implementation Plan.
There is potential that this area could be used to improve channel hydraulics and flood water
attenuation resulting in improved water quality in Bluff Creek. Staff recommends that this
western piece of the property be dedicated to the city for future Bluff Creek improvement
projects.
CONDITIONAL USE PERMIT
BLUFF CREEK OVERLAY DISTRICT
The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to
protect the Bluff Creek Corridor, wetlands, bluffs, and significant stands of mature trees through
the use of careful site design and other low -impact practices. This parcel is partially encumbered
by the Bluff Creek Overlay District. Section 20-1255 of the Chanhassen City Code requires a
conditional use permit for all development within the Bluff Creek Corridor. Section 20-233 (c)
of the Chanhassen City Code states:
It is a condition of every conditional use permit that the property for which the permit is
issued not be subdivided or the lot lines of the property altered.
The Bluff Creek Corridor primary zone is located on the western portion of the property. The
Primary Corridor is designated open space. All structures must meet a 40-foot structural setback
from the Primary Corridor boundary as required by Chanhassen City Code. In addition, no
grading is allowed within the first 20 feet of the Primary Corridor.
Bluff Creek is entirely within the City of Chanhassen. It provides a unique blend of habitat,
vegetation and recreational opportunities through the center of the city. In December 1996, the
City of Chanhassen adopted the Bluff Creek Watershed Natural Resources Management Plan
(BCWNRMP). The plan was the culmination of several years of study and planning focused on
protecting the natural and recreational resources provided by the Bluff Creek corridor. The
BCWNRMP recommended the establishment of a primary zone (the creek, riparian wetlands,
associated steep slopes, native vegetation) and a secondary zone (other undeveloped portions of
the watershed) as a tool to help protect the creek's natural resources. The primary and secondary
zones were mapped at that time using aerial photography to provide staff and the public with a
general idea of where the zones would lie.
Since the property owner is now subdividing the property, the Conditional Use Permit for
development in the Bluff Creek corridor must be amended. Additionally, the Conditional Use
Planning Commission • 0
1651 Motorplex Court Staff Report Planning Case 2018-05
January 16, 2018
Page 6of8
Permit for multiple buildings on one lot is voided because a result of the RLS is to create
separate parcels for each building.
1. Access must be maintained for the property to the rear (Autobahn Motorplex). If not
currently in place, an access and maintenance agreement must be recorded.
2. That portion of the parcel located westerly and containing the Bluff Creek Overlay District
shall be dedicated to the city.
The amended Conditional Use Permit will be recorded over Tract A, which is being dedicated to
the City of Chanhassen. The CUP for multiple buildings on one lot no longer applies.
SUBDIVISION
REGISTERED LAND SURVEY NO. ""f
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QDOC. NQ �
MCI A
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A Registered Land Surveys (RLS) is part of this request. RLS is defined as: a survey of
"registered" (Torrens-title) land, usually done to shorten lengthy legal descriptions, or divide
larger parcels of "Torrens-title" land into smaller tracts.
Minnesota State Statute §508.47, subd. 4 requires that the RLS be approved "in the manner
required for the approval of subdivision plat." Minnesota Statutes require the city to approve the
RLS as they would a subdivision plat. To satisfy this requirement, the city must hold a public
hearing prior to approval of the RLS.
Planning Commission 0 0
1651 Motorplex Court Staff Report Planning Case 2018-05
January 16, 2018
Page 7 of 8
The legal descriptions for the three parcels will include a parcel containing the wetland and Bluff
Creek Primary zone, which will be dedicated to the city as well as a parcel for each of the
buildings along Audubon Road. Once the city has approved the RLS, the Mayor and City
Manager will execute the RLS mylars and provide the dates of approval. This will then be
forwarded to the City Attorney's office for recording at Carver County.
Access
Access for these parcels as well as the Auto MotorPlex to the west is via a private street. As a
condition of approval, the applicant shall provide the City of Chanhassen with a copy of the
current access and maintenance agreement for Motorplex Court. Access for Tract A shall be
memorialized in the access agreement.
Easements
Identify or provide a Drainage and Utility easement over the publicly owned piping on the site.
The existing as -built indicates a proposed and an existing utility easement.
COMPLIANCE TABLE
Area (square feet
Width feet
D th feet
Notes
IOP
43,560
150
200
1.0 acres
Tract A
827,615
1,434
976
Wetlands, Bluff
Creek primary
zone, 19.0 acres
Tract B
91,332
433
332
2.097 acres
Tract C
87,878
364
258
2.017 acres
ROW
38,782
0.89 acres
Total
1,045,607
24.00 acres
Setbacks: Front — 30 feet, Sides —10 feet, Rear — 10 feet
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the amended
Conditional Use Permit (#2015-19) for development within the Bluff Creek Corridor and
Registered Land Survey creating three parcels subject to the following conditions:
Conditional Use Permit:
Development must comply with the Bluff Creek Corridor regulations.
Tract A shall be dedicated to the city.
Planning Commission 0 0
1651 Motorplex Court Staff Report Planning Case 2018-05
January 16, 2018
Page 8 of 8
Subdivision:
Provide the City of Chanhassen with a copy of the current access and maintenance agreement for
Motorplex Court.
Access to Tract A shall be included as part of the current access and maintenance agreement for
Motorplex Court.
Identify and provide a Drainage and Utility easement over the publicly owned piping on the site.
Dedicate Tract A to the City of Chanhassen.
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Development Review Application
3. Registered Land Survey
4. Certificate of Survey prepared by Sathre-Berquist
5. Public Hearing Notice and Mailing List
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Rick LaMettry for Conditional Use Permit and Subdivision review.
On January 16, 2018, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Rick LaMettry for a Conditional Use Permit
amendment to permit development within the Bluff Creek Overlay District and subdivision
review to approve a Registered Land Survey for the property located at Audubon Road and
Motorplex Court. The Planning Commission conducted a public hearing on the proposed
conditional use and site plan, which was preceded by published and mailed notice. The Planning
Commission heard testimony from all interested persons wishing to speak and now makes the
following:
FINDINGS OF FACT
1. The property is currently zoned Industrial Office Park, IOP.
2. The property is guided by the Land Use Plan for Office Industrial and Open Space uses.
3. The legal description of the property is shown on the attached Exhibit A.
4. Conditional Use Permit: Criteria for approval:
a. The proposed development will not be detrimental to and will enhance the public health,
safety, comfort, convenience or general welfare of the neighborhood or the city.
b. The proposed development will be consistent with the objectives of the city's
comprehensive plan and the zoning ordinance.
c. The proposed development will be designed, constructed, operated and maintained so to
be compatible in appearance with the existing or intended character of the general
vicinity and will not change the essential character of that area.
d. The proposed development will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed development will be served adequately by essential public facilities and
services, including streets, police and fire protection, drainage structures, refuse disposal,
water and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
f. The proposed development will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
g. The proposed development will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or
the general welfare because of excessive production of traffic, noise, smoke, fumes,
glare, odors, rodents, or trash.
h. The proposed development will have vehicular approaches to the property which do not
create traffic congestion or interfere with traffic or surrounding public thoroughfares.
i. The proposed development will not result in the destruction, loss or damage of solar
access, natural, scenic or historic features of major significance, but will provide
permanent open space. The development will dedicate the wetland to the city for
permanent open space.
j. The proposed development will be aesthetically compatible with the area.
k. The proposed development will not depreciate surrounding property values.
I. The proposed development will meet standards prescribed for certain uses as provided in
this article.
5. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse effects of the proposed subdivision. The seven (7) affects and our findings regarding
them are:
a. The proposed subdivision is consistent with the zoning ordinance and complies with all the
district regulations and requirements;
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan by creating single-family lots
within the density ranges required by the comprehensive plan;
c. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm
water drainage are suitable for the proposed development;
d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter;
e. The proposed subdivision will not cause environmental damage;
f. The proposed subdivision will not conflict with easements of record; and
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g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1). Lack of adequate storm water drainage.
2). Lack of adequate roads.
3). Lack of adequate sanitary sewer systems.
4). Lack of adequate off -site public improvements or support systems.
6. The planning report #2018-05 dated January 16, 2018, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Conditional
Use Permit and Site Plan subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 16`h day of January 16, 2018.
CHANHASSEN PLANNING COMMISSION
BY:
Andrew Aller, Chairman
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COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard CITY OF CHANNSEN
Mailing Address — P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1300 / Fax: (952) 227-1110
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: T2 61 PC Date: 1 CC Date: ` Z 1 60-Day Review Date: 2—
(Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
❑ Comprehensive Plan Amendment ......................... $600
❑ Minor MUSA line for failing on -site sewers ..... $100
❑ Conditional Use Permit (CUP)
❑ Single -Family Residence ................................ $325
❑ All Others......................................................... $425
❑ Interim Use Permit (IUP)
❑ In conjunction with Single -Family Residence.. $325
❑ All Others......................................................... $425
❑ Rezoning (REZ)
❑
Planned Unit Development (PUD) ..................
$750
❑
Minor Amendment to existing PUD.................
$100
❑
All Others.........................................................
$500
❑ Sign
Plan Review ...................................................
$150
❑ Site Plan Review (SPR)
❑
Administrative..................................................
$100
❑
Commercial/Industrial Districts'......................$500
Plus $10 per 1,000 square feet of building area:
( thousand square feet)
'Include number of existin employees.
'Include number of new employees.
❑
Residential Districts .........................................
$500
Plus $5 per dwelling unit ( units)
❑✓ Subdivision (SUB)
✓❑ Create 3 lots or less ........................................
$300
❑ Create over 3 lots .......................$600 + $15
per lot
( lots)
❑ Metes & Bounds (2 lots) ..................................
$300
❑ Consolidate Lots... ...........................................
$150
❑ Lot Line Adjustment.........................................$150
❑ Final Plat..........................................................
$700
(Includes $450 escrow for attorney costs)'
'Additional escrow may be required for other applications
through the development contract.
❑
Vacation of Easements/Right-of-way (VAC)........
$300
(Additional recording fees may apply)
❑
Variance (VAR) ....................................................
$200
❑
Wetland Alteration Permit (WAP)
❑ Single -Family Residence ...............................
$150
❑ All Others .......................................................
$275
❑
Zoning Appeal ......................................................
$100
❑
Zoning Ordinance Amendment (ZOA).................
$500
NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
'S""Notification Sign (City to install and remove)...................................................................................I................................... $200
Property Owners' List within 500' (City to generate after pre -application meeting) ...........................1.1 �.C........... $3 per address
(GAL addresses) / , )
Escrow for RecordingDocuments check all that apply) ...................................................f.. $50 per document
❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement
❑ Vacation ❑ Variance ❑ Wetland Alteration Permit
❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements ( easements) ❑ Deeds
TOTAL FEE:
Description of Proposal: Prepare Registered Land Survey (RLS) per County Torrens Property Requirements. The RLS is
required so the Wetland area on the property (Tract A) can be Deeded to the City.
Property Address or Location
Parcel #: 250151215
Total Acreage: 23.11
�k Motorplex Court
T—
Legal Description: Lengthy - See Page 1 of the proposed RLS
Wetlands Present? ® Yes ❑ No
Present Zoning: Industrial Office Park District (IOP)
Present Land Use Designation: Office/Industrial
Existing Use of Property: Body shop/Condo
❑Check box if separate narrative is attached.
Requested Zoning: Not Applicable
Requested Land Use Designation: Not Applicable
C�
Section 3: Property Owner and Applicant Information - -
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. 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. 1 will keep myself informed of the deadlines for submission of material and 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. I certify that the information and exhibits submitted are true and correct.
Name:
Address:
City/State/Zip:
Email:
Signature:
Contact:
Phone:
Cell:
Fax:
Date:
PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and 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. I certify that the information and exhibits submitted are true and correct.
Name: V �s LL Contact:
Address:
City/State/Zip: V`)
Email: i a.
Signature::!
v✓�c3 L l , ��-�
Phone:
Cell:
Fax:
Date:
This application mush eted in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
PROJECT FiNGINr+=ER (if applicable) S�+ 2VC--c/o ✓�
Name: C.RtL— I-� ti��(ZE/v
G
Address:y A vC So a i1i S t 3
City/State/Zip: 11, ti ti PA PO L; S /4 AJ S S4 01
Email: CLIN8bjJL 11J (? LAA/DFI.)a%Jl, /t/Er
Contact:
Phone: (�12,G3�3.y23o
Cell. -
Fax:
Section 4: Notificatioalinformation'
Who should receive copies of staff reports?
'�roperty Owner Via: ail ❑ Mailed Paper Copy
Applicant Via: 9�ail ❑ Mailed Paper Copy
Engineer Via: P<Email ❑ Mailed Paper Copy
❑ Other` Via: ❑ Email ❑ Mailed Paper Copy
*Other Contact Information:
Name:
Address: —
City/State/Zip:
Email.
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FOf and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing.
SAVE FORM ' PRINT FORM SUBMIT FORM
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REVISIONS
USE (INCLUDING COPYING. DISTRIBUTION. ANnK)R CONVEYANCE OF
INFORMATION) OF THIS PRODUCT B STRICTLY PROHIBITED WITHOUT
SATHRE-BERGOUIIST,INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT
SAID AUTHORIZATION CONSTITUTES AN ILEGITWTE USE AND SHALL THEREBY
INDEMNIFY SATHRE-0ERGOUIST, INC. OF ALL RESPONSIBILITY.
USER O P R PARTY
USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING
LEG INC. RESERVES THE RIGHT TO HOLD ANY SEE RESULTING
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TWPA 16 - RGE23 - SEC.15
Certificate Of Survey
For
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KArERM AN
USE(INCLUONG COPYNG. D16TRIM ION. MOOR CONVEYANCE OF TWPA 16-RGE23-SECAS FILE NO.
NFORMATMN) OF THIS PRODUCT IS STRICTLY PROHM ED WRHOUT Eas 5�4 FN CARVER COUNTY 49370-001
SATHRE-BERGOUIST. PC.'s EXPRESS WRITTEN AUTHORIZATION. USE WfTNOUT Certificate of Survey
SAID AUTHORIZATION COMMUTES AN LLEGITMATE USE AND SHALL T/E�Y y`> SATH R E-B E RGQ U I ST, INC.
D
IOIN EN" SATHRE � UM. W. OF ALL PONSEM".
SATHRE43ERGOU9ST. Dr- RESERVES THE RIGHT TO HOLD ANY R 1 F�y7E F 150 SOUTH BROADWAY WAYZATA, RN 56387 (962) 476-0000 Chanhassen, Prepared For
USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING ?` M I N N ESOTA Richard Lamettry
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T T W - —.23 - SECAS FILE NO,
as s
W ?�� q A0 SATHRE-BERGQUIST, INC. BGGH"°OUPAGE)OD` Certificate of Survey CARVER COUNTY _ d93°°°
,Bu),75ED00 Chanhassen, PreWed For
150 SOUTH BROADWAY WAruTA MN. s53B1 Richard Lamettry
MINNESOTA
a cryFgs v`'�2 3
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
January 4, 2018 the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of an
application for a subdivision for a Registered Land Survey and amendment to a
Conditional Use Permit for property located at 1651 Motorplex Court and zoned Industrial
Office Park (IOP) to the persons named on attached Exhibit "A", by enclosing a copy of said
notice in an envelope addressed to such owner, and depositing the envelopes addressed to all
such owners in the United States mail with postage fully prepaid thereon; that the names and
addresses of such owners were those appearing as such by the records of the County Treasurer,
Carver County, Minnesota, and by other appropriate records.
Kim T
Subscribed and sworn to before me
this _�L_ day of 52018.
o ry Public
i—n
,n, Deputy
JENNIFER ANN POTTER
Notary Pub�o-Minnesota
MY won E +s,Mn 31, 2020
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, January 16, 2018 at 7:00 p.m. This hearing may not start
until later in the evening, depending on the order of the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Request to consider an application for a subdivision for a
Registered Land Survey and amendment to a Conditional Use
Proposal:
Permit for property located at 1651 Motorplex Court and
zoned Industrial Office Park IOP
Applicant:
J & R Properties
Property
1651 Motorplex Court
Location:
A location map is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
Public hearing through the following steps:
What Happens
1. Staff will give an overview of the proposed project.
at the Meeting:
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.ci.chanhassen.mn.us/2018-05. If you wish to talk to
someone about this project, please contact Bob Generous by
email at bgenerous(a�ci chanhassen.mn.us or by phone at
Questions &
952-227-1131. If you choose to submit written comments, it is
Comments:
helpful to have one copy to the department in advance of the
meeting. Staff will provide copies to the Commission. The
staff report for this item will be available online on the
project web site listed above the Thursday prior to the
Planning Commission meeting.
NEW! Sign up to receive email and/or text notifications when meeting agendas,
packets, minutes and videos are uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme to sign up!
City Review Procedure:
• Subdivisions. Planned Unit Developments, Site Plan Reviews. Conditional and Interim Uses. Wetland Alterations, Rezonmgs,
Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City
ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is
invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are
available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation.
The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the
public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse. affirm or modify
wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments lake a simple majority
the City Council except rezonings and land use amendments from residential to commerciallindustnal.
vote of
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard
Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the
process should check with the Planning Department regarding its status and scheduling for the City Council meeting.
. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to
meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s).
• Because the Manning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence
regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report,
lease contact the Panning Staff person named on the notification.
Date & Time:
Tuesday, January 16, 2018 at 7:00 p.m. This hearing may not start
until later in the evening, depending on the order of the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Request to consider an application for a subdivision for a
Registered Land Survey and amendment to a Conditional Use
Proposal:
Permit for property located at 1651 Motorplex Court and
zoned Industrial Office Park IOP
Applicant:
J & R Properties
Property
1651 Motorplex Court
Location:
A location map is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead
public hearing through the following steps:
What Happens
1. Staff will give an overview of the proposed project.
at the Meeting:
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.ci.chanhassen.mn.us/2018-05. If you wish to talk to
someone about this project, please contact Bob Generous by
email at bgenerous(a)ci.chanhassen.mn.us or by phone at
Questions &
952-227-1131. If you choose to submit written comments, it is
Comments:
helpful to have one copy to the department in advance of the
meeting. Staff will provide copies to the Commission. The
staff report for this item will be available online on the
project web site listed above the Thursday prior to the
Planning Commission meeting.
NEW! Sign up to receive email and/or text notifications when meeting agend
packets, minutes and videos are uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme to sign up!
City Review Procedure:
• Subdivisions, Planned Unit Developments. Site Plan Reviews. Conditional and Interim Uses, Wetland Alterations. Rezonmgs,
Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City
ordinances require all property within 500 feel of the subject site to be notified of the application in writing. Any interested party is
invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are
available by request- At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation.
The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the
public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify
wholly or partly the Planning Commission's recommendation. Rezonmgs, land use and code amendments take a simple majority
vote of the City Council except rezonings and land use amendments from residential to commerciallinduslrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard.
Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the
process should check with the Planning Department regarding its status and scheduling for the City Council meeting.
• A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to
meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence
regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report,
lease contact the Planning Staff person named on the notification.
ALAN M & TERESA Y JOHNSON
8286 STONE CREEK DR
CHANHASSEN
MN 55317-7414
ALFRED A IVERSEN
1500 PARK RD
CHANHASSEN
MN 55317-8200
ANDREW D EVAVOLD
8126 STONE CREEK DR
CHANHASSEN
MN 55317-7416
AUTO MOTORPLEX ASSOCIATION
PO BOX 7160
FARGO
ND 58106-7160
BONGARDS' CREAMERIES
8330 COMMERCE DR
CHANHASSEN
MN 55317-8426
BRIAN D & ELIZABETH J GUTHRIE
8123 STONE CREEK DR
CHANHASSEN
MN 55317-7416
CHAD E & LINDA S NELSON
8135 STONE CREEK DR
CHANHASSEN
MN 55317-7416
CHAN CONGR JEHOVAHS WITNESSES
2920 FAIRWAY DR
CHASKA
MN 55318-3416
CHARLES N ARNFELT
1950 BLUFF VIEW CT
CHANHASSEN
MN 55317-7421
CHRISTOPHER N & PAIGE M GILES
8180 STONE CREEK DR
CHANHASSEN
MN 55317-7416
CHRISTOPHER T & BRENDA M BERG
8269 STONE CREEK DR
CHANHASSEN
MN 55317-7414
CLYDE H STEPHENS III & PAMELA J WILSON S
8348 STONE CREEK DR
CHANHASSEN
MN 55317-7417
CONTROL PRODUCTS INC
1724 LAKE DR W
CHANHASSEN
MN 55317-8580
DAVID E BENSON
8161 STONE CREEK DR
CHANHASSEN
MN 55317-7416
ELIZABETH PROVINZINO
1947 CREEKVIEW CT
CHANHASSEN
MN SS317-7418
EQUITABLE HOLDING CO. LLC
8303 AUDOBON RD
CHANHASSEN
MN 55317-9494
GLEN P & REBECCA A GAUERKE
8181 STONE CREEK DR
CHANHASSEN
MN 55317-7416
GREG D & BETH M MEISEL
8141 STONE CREEK DR
CHANHASSEN
MN 55317-7416
HARLEY E BERGREN
8104 HIGHWOOD DR #G108
BLOOMINGTON
MN 55438-1087
HERAKLES LLC
8345 COMMERCE DR
CHANHASSEN
MN 55317-8427
HIGHLAND DEVELOPMENT LLC
J & R CHANHASSEN LLC
JAMES E JOYCE III
5550 ZUMBRA LN
3209 GALLERIA #1804
8325 STONE CREEK DR
EXCELSIOR
EDINA
CHANHASSEN
MN 55331-7714
MN 55435-2558
MN 55317-7417
JEFFREY D NELSON
18151 STONE CREEK DR
CHANHASSEN
MN 55317-7416
JOHN R STROM
8401 STONE CREEK DR
CHANHASSEN
MN 55317-7422
JON S & LORI A DAY
8229 STONE CREEK DR
CHANHASSEN
MN 55317-7414
LDW PROPERTIES LLC
1850 LAKE DR W
CHANHASSEN
MN 55317-8585
LYNN M GOSSFELD
8377 STONE CREEK DR
CHANHASSEN
MN 55317-7414
MCGLYNN BAKERIES INC #366
PO BOX 1113
MINNEAPOLIS
MN 55440-1113
MICHAEL D & LAURA F WOELFEL
1924 CREEKVIEW CT
CHANHASSEN
MN 55317-7418
MICHAEL D GROSHENS
8289 STONE CREEK DR
CHANHASSEN
MN 55317-7414
MICHAEL J & DARLENE M LEONARD
8129 STONE CREEK DR
CHANHASSEN
MN 55317-7416
MICHAEL L SANDELL
1927 CREEK VIEW CT
CHANHASSEN
MN 55317-7418
NATHAN & SARA EXSTED
8400 STONE CREEK DR CHANHASSEN
MN 55317-7422
0
•
NATHAN SLINDE
8381 STONE CREEK DR
CHANHASSEN
MN 55317-7417
PARK AVENUE LOFTS LLC
5101ST AVE N # 600
MINNEAPOLIS
MN 55403-1623
PATRICK KLETT
8345 STONE CREEK DR
CHANHASSEN
MN 55317-7417
PETER & LEAH SWARTZBAUGH
8369 STONE CREEK DR
CHANHASSEN
MN 55317-7417
RANDY & KATE MORONEY
8384 STONE CREEK DR
CHANHASSEN
MN 55317-7417
RETAIL TECH LLC
1501 PARK RD
CHANHASSEN
MN 55317-9520
RICHARD C & LISA N HART
8249 STONE CREEK DR
CHANHASSEN
MN 55317-7414
RICHARD M GORRA
8201 STONE CREEK DR
CHANHASSEN
MN 55317-7414
ROADRUNNER TRUCK REPAIR INC
1591 PARK RD
CHANHASSEN
MN 55317-9594
SANDRA J HOUCK
8372 STONE CREEK DR
CHANHASSEN
MN 55317-7417
SCOTT ALAN JESSE
8198 STONE CREEK DR
CHANHASSEN
MN 55317-7416
SEAN HARVEY
8297 STONE CREEK DR
CHANHASSEN
MN 55317-
STEVEN & TISHA HAWKES
6498 S NEWBERN CT
AURORA
CO 80016-6141
THE PILLSBURY COMPANY
PO BOX 1113
MINNEAPOLIS
MN 55440-1113
THOMAS P & SANDRA J OPHEIM
8305 STONE CREEK DR
CHANHASSEN
MN 55317-7417
TWIN CITIES & WESTERN RAILROAD
2925 12TH ST E GLENCOE
1944 CREEKVIEW CT CHANHASSEN
MN 55336-3368
MN 55317-7418
WILLIAM BURTON
0
•
Form 8283 (Rev. 12-2014) Page 2
Name(s) shown on your income tax return I Identifying number
CHARD & JOANNE M. LAMETTRY 1 475-60-314
Section B. Donated Property Over $5,000 (Except Publicly Traded Securities) - Complete this section for one item (or one group of similar items) for which you claimed
a deduction of more than $5,000 per item or group (except contributions of publicly traded securities reported in Section A). Provide a separate form for
each property donated unless it is part of a group of similar items. An appraisal is generally required for property listed in Section B. See instructions.
Part I I Information on Donated Property - To be completed by the taxpayer and/or the appraiser.
4 Check the box that describes the type of property donated:
a Art* (contribution of $20,000 or more) d Art- (contribution of less than $20,000) g Collectibles" j ® Other
b 0 Oualified Conservation Contribution e 0 Other Real Estate h 0 Intellectual Property
c 0 Equipment f Securities i 0 Vehicles
'Art includes paintings, sculptures, watercolors, prints, drawings, ceramics, antiques, decorative arts, textiles, carpets, silver, rare manuscripts, historical memorabilia. and other similarobjects.
"Collectibles include coins, stamps, books, gems, jewelry, sports memorabilia, dolls, etc.. but not art as defined above.
Note. In certain cases, you must attach a qualified appraisal of the oroverty. See instructions.
5 (a) Description of donated property (if you need
more space, attach a separate statement)
(b) If tangible property was donated, give a brief summary of the
overall physical condition of the property at the time of the gift
(c) Appraised fair
market value
A
LAND
295 000.
B
C
D
(d) Date
acquired by
donor
mo., yr.
(e) How acquired
by donor
M Donor's cost or
adjusted basis
For bargain sales
(g) g ,
enter amount received
See instructions
(h) Amount claimed as a
deduction
(i) Date of contribution
A
04 14
PURCHASE
250 000.
295 000.
07/07/16
B
C
D
1 Part II 1 Taxpayer (Donor) Statement - List each item included in Part I above that the appraisal identifies as having a value of $500 or less. See instructions.
I declare that the following item(s) included in Part I above has to the best of my knowledge and belief an appraised value of not more than $500 (per item). Enter
identifying letter from Part I and describe the specific item. See instructions. ►
Signature of tax a er donor ► Date ►
Part III Declaration of Appraiser
declare that I am not the donor, the donee, a party to the transaction in which the donor acquired the property, employed by, or related to any of the foregoing persons, or married to any person who is
related to any of the foregoing persons. And, if regularly used by the donor, donee, or party to the transaction, I performed the majority of my appraisals during my tax year for other persons.
Also, I declare that I perform appraisals on a regular basis; and that because of my qualifications as described in the appraisal, I am qualified to make appraisals of the type of property being valued. I
certify that the appraisal fees were not based on a percentage of the appraised property value. Furthermore. I understand that a false or fraudulent overstatement of the property value as described in the
qualified appraisal or this Form 8283 may subject me to the penalty under section 6701(a) (aiding and abetting the understatement of tax liability). In addition, I understand that I may be subject to a
penalty under Section 6695A if I know, or reasonably should know, that my appraisal is to be used in connection with a return or claim for refund and a substantial or gross valuation misstatement results
from my appraisal. I affirm that I have not been barred from presenting evidence or testimony by the Office of Professional Responsibility.
Sign
Here Signature ► Title ► Date ►
Business address (including room or suite no.) Identifying number
8120 PENN AVENUE SOUTH, SUITE 156 �4001517
City or town, state, and ZIP code
BLOOMINGTON, MN 55431
Part IV I Donee Acknowledgment - To be completed by the charitable organization.
This charitable organization acknowledges that it is a qualified organization under section 170(c) and that it received the donated
property as described in Section B, Part I, above on the following date ► 0 7 / 0 7 / 16
Furthermore, this organization affirms that in the event it sells, exchanges, or otherwise disposes of the property described in Section B, Part I (or any portion thereof)
within 3 years after the date of receipt, it will file Form 8282, Donee Information Return, with the IRS and give the donor a copy of that form. This acknowledgment does
not represent agreement with the claimed fair market value.
Does the organization intend to use the property for an unrelated use? ► Yes No
...................................................................................... .
ame of charitable organization (donee
OF
Address (number, street, and room or suite no.)
7700 MARKET BQPLE W D PO B
Authorized nature , n aL
number
City or town, state, and ZIP code
147 ICHANHASSEN, MN 55317
Date., ` 2
04-01-16
4)
11000320 781033 08668 2016.05060 LAMETTRY, RICHARD 08668_1
W 08 C1 •
PROFESSIONAL ASSOCIATION
March 20, 2018
Thomas J. Campbell*
Roger N. Knutson
Elliott B. Knetsch
Bob Generous
Joel J. Jamnik
City of Chanhassen
Andrea McDowell Poehler
7700 Market Boulevard
Soren M. Mattick
Henry A. Schaeffer, III
P.O. BOX 147
Alina Schwartz
Chanhassen, MN 55317
Shana N. Conklin
Amy B. Schutt
Re: Recorded Documents / LaMettry / J&R Chanhassen / 1650 Motorplex Court
James J. Monge, III
Jerome M. Porter
David S. Kendall
Dear Mr. Generous:
Matthew K. Brokl
Kurt S. Fischer
Please find enclosed, for the City's file, the original recorded documents regarding the
*Of Counsel
above -referenced matter.
Copies of these documents were e-mailed to you on March
2, 2018.
Thank you.
Very truly yours,
CAMPBELL KNUTSON
Professional iation
Je . Olson, egal Assistant
/jmo
Enclosures
Grand Oak Office Center I
860 Blue Gentian Road
Suite 290
Eagan, Minnesota 55121
Main: 651-452-5000
Fax: 651-2 34-62 37
wwwA-law.com
1 1i(,,)'4\ I
9
COMMERCIALPAUNERS
T I T L E, L L C
March 14, 2018
Andrea McDowell Poehler
Campbell Knutson
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
RE: CP File No. 53268 / 1650 Motorplex Court, Chanhassen
Dear Andrea:
Enclosed please find the following documentation regarding the above referenced file:
1. Resolution No. 2018-15 filed as Document No. T205690
2. Plat filed as Document No. T205691
3. Warranty Deed filed as Document No. T205692
4. Amended and Restated Conditional Use Permit #2015-19 filed as Document No.
T205693
5. Amendment to Site Plan Agreement #2015-19 filed as Document No. T205694
6. Grant of Permanent Easement for Drainage and Utility Purposes filed as
Document No. T205695
If you have any questions regarding this information, please contact me at (612) 643-
1053.
Thank you for allowing Commercial Partners Title, LLC to serve you. We look forward
to working with you again in the future.
Very truly yours,
COMMERCIAL PARTNERS TITLE, LLC
Hdllynkbn
ClosirW Assistant
Enclosures
• Commercial Title Insurance Solutions • Unparalleled Customer Service • Great Relationships
Rep —zing•
Chicago Title Insurance Company • Fidelity National Title Insurance Company
Old Republic National Title Insurance Company • Stewart Title Guaranty Company
200 South Sixth Street • Suite 1300 • Minneapolis, Minnesota 55402 • 612/337-2470 • FAX: 612/337-2471
www.cptme.com
Document No. T205690
OFFICE OF THE REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Filed on -February 28, 2018 9:55 AM
Cert # 37532 Fee: $46.00
1111111111111111111 Kaaren Lewis
205690 Registrar of Titles
CERTIFICATION
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
I, Kim T. Meuwissen, duly appointed and acting Deputy Clerk for the City of
Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of
Resolution No. 2018-15 "Approving a Registered Land Survey for J & R Properties,
LLC" adopted by the Chanhassen City Council on February 12, 2018 with the original
copy now on file in my office and have found the same to be a true and correct copy
thereof.
Witness my hand and official seal at Chanhassen, Minnesota, this 15`h day
of February, 2018.
Kim . Meuwissen, Deputy-Clgk
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: February 12, 2018 RESOLUTION NO: 2018-15
MOTION BY: McDonald SECONDED BY: Ryan
A RESOLUTION APPROVING A REGISTERED LAND SURVEY
FOR J & R PROPERTIES, LLC
WHEREAS, J & R Properties, LLC have requested a subdivision of the property
described on the attached Exhibit A into three lots; and
WHEREAS, the Chanhassen Planning Commission held a hearing on January 16, 2018,
and found the plan consistent with the Chanhassen Comprehensive Plan and Zoning ordinance;
and
WHEREAS, the need for the Registered Land Survey is so that the property owner may
convey a parcel to the City of Chanhassen.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
approves the Registered Land Survey, Carver County, Minnesota, subject to the following
conditions:
1. Provide the City of Chanhassen with a copy of the current access and maintenance agreement
for Motorplex Court.
2. Access to Tract A shall be included as part of the current access and maintenance agreement
for Motorplex Court.
3. Identify and provide a Drainage and Utility easement over the publicly owned piping on the
site.
4. Dedicate Tract A to the City of Chanhassen.
Passed and adopted by the Chanhassen City Council this 121 day February of 2018.
ATTEST:
i�
Todd Gerhardt, City Clerk/Manager
YES
Laufenburger
McDonald
Campion
Ryan
��"J 4
Amt4-0 16"44 -.'
Denny Lau burger, Mayor
NO ' ABSENT
Tjornhom
Exhibit A
That part of the Southeast Quarter of Section 15, Township 116 North, Range 23 West of the 5th
Principal Meridian described as:
Beginning at the northeast corner of said Southeast Quarter; thence on an assumed bearing of
North 89 degrees 00 minutes 25 seconds West along the North line of said Southeast Quarter a
distance of 2614.22 feet to the northwest corner of said Southeast Quarter; thence South 0
degrees 59 minutes 45 seconds East along the west line of said Southeast Quarter a distance of
1766.11 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 669.01 feet;
thence South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence
northeasterly along a non -tangential curve concave to the northwest having a radius of 1859.86
feet; a chord bearing of North 49 degrees 43 minutes 26 seconds East a distance of 394.93 feet;
thence North 56 degrees 57 minutes 24 seconds East, not tangent to last described curve a
distance of 323.97 feet; thence South 35 degrees 03 minutes 24 seconds West a distance of 22.98
feet; thence southwesterly 120.34 feet along a tangential curve to the right having a radius of
1959.86 feet; thence North 56 degrees 57 minutes 24 seconds East not tangent to last described
curve a distance of 1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a distance
of 12.50 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to
the east line of said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of
72.51 feet along the east line of said Section 15 to the point of beginning, according to the
Government Survey thereof. Subject to easement for Audubon Road (formerly known as County
State Aid Highway No. 17).
And
That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116 North, Range
23 West of the 5th Principal Meridian described as:
Beginning at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence on
an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the south line of said
Southeast Quarter of the Northeast Quarter a distance of 747.57 feet; thence North 35 degrees 03
minutes 24 seconds East a distance of 1.50 feet; thence northeasterly 1042.48 feet along a
tangential curve to the right having a radius of 2814.79 feet to the east line of said Southeast
Quarter of the Northeast Quarter; thence South 0 degrees 24 minutes 06 seconds East along the
east line of said Southeast Quarter of the Northeast Quarter a distance of 738.57 feet to the point
of beginning, according to Government Survey thereof. Subject to easement for Audubon Road,
(formerly known as County State Aid Highway No. 17).
Excepting therefrom the following seven parcels:
That part which lies Westerly of Bluff Creek, the centerline of said creek described as follows
Commencing at the Northwest corner of the Southeast Quarter of Section 15, Township 116
North, Range 23 West of the 5th Principal Meridian; thence on an assumed bearing of South
89 degrees 00 minutes 25 seconds East, along the North line of said Southeast Quarter, a
distance of 718.45 feet to the point of beginning of the centerline to be described; thence
South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet; thence South 12
degrees 17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees 42
minutes 32 seconds East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 36
seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East,
a distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a distance of
71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a distance of 513.32 feet;
thence South 01 degree 27 minutes 58 seconds East, a distance of 148.78 feet; thence South
08 degrees 14 minutes 13 seconds West, a distance of 114.78 feet; thence South 30 degrees
49 minutes 36 seconds West, a distance of 256.50 feet; thence South 30 degrees 12 minutes
30 seconds West, a distance of 95.70 feet; thence South 22 degrees 09 minutes 40 seconds
East, a distance of 29.71 feet; thence South 10 degrees 54 minutes 04 seconds West, a
distance of 55.44 feet; thence South 14 degrees 39 minutes 10 seconds East, a distance of
15.14 feet; thence South 22 degrees 30 minutes 14 seconds West, a distance of 33.54 feet;
thence South 08 degrees 36 minutes 50 seconds West, a distance of 40.11 feet; thence South
10 degrees 58 minutes 44 seconds West, a distance of 16.30 feet; thence South 15 degrees
39 minutes 39 seconds East, a distance of 16.38 feet; thence South 06 degrees 00 minutes 17
seconds East, a distance of 33.74 feet; thence South 33 degrees 58 minutes 55 seconds East
a distance of 3.27 feet to a point on the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad, said point distance 586.57 feet Northeasterly of the Southwest corner of the above
described property, as measured along said Northerly Railroad line, and said line there
terminating.
And
Commence at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes 16
seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet to the point of beginning of the land to be
described; thence continuing along the southerly boundary of the above described land and the
Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56 degrees 57 minutes 24
seconds West 87.11 feet; thence continuing along the Southerly boundary of the above described
land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 33 degrees 02
minutes 36 seconds East, 12.50 feet; thence continuing along the southerly boundary of the above
described land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56
degrees 57 minutes 24 seconds West, 599.76 feet; thence North 33 degrees 26 minutes 11
seconds West, 321.63 feet; thence North 80 degrees 28 minutes 28 seconds East, 278.78 feet;
thence North 56 degrees 52 minutes 50 seconds East 127.97 feet; thence North 33 degrees 07
minutes 10 seconds West, 18.00 feet; thence North 56 degrees 52 minutes 50 seconds East,
54.74 feet; thence North 33 degrees 33 minutes 56 seconds West, 226.92 feet; thence North 38
degrees 47 minutes 48 seconds East, 261.06 feet; thence South 33 degrees 33 minutes 56
seconds East 524.43 feet to the point of beginning.
And
Commence at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes 16
seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet; thence North 33 degrees 33 minutes 56
seconds West, 294.21 feet to the point of beginning of the land to be described; thence continuing
North 33 degrees 33 minutes 56 seconds West, 230.22 feet; thence South 38 degrees 47 minutes
48 seconds West, 261.06 feet; thence South 33 degrees 33 minutes 56 seconds East, 226.92 feet;
thence South 56 degrees 52 minutes 50 seconds West, 54.74 feet; thence South 33 degrees 07
minutes 10 seconds East, 18.00 feet; thence South 56 degrees 52 minutes 50 seconds West,
127.97 feet; thence South 80 degrees 28 minutes 28 seconds West, 278.78 feet; thence North 30
degrees 36 minutes 51 seconds East, 140.86 feet; thence North 04 degrees 41 minutes 43
seconds East, 150.59 feet; thence North 69 degrees 18 minutes 05 seconds East, 190.05 feet;
thence North 42 degrees 40 minutes 05 seconds East, 116.79 feet to a point on the north line of
said Southeast Quarter of Section 15, distant of 747.57 feet west from said East Quarter corner of
said Section 15; thence North 35 degrees 03 minutes 24 seconds East, 1.50 feet; thence
northeasterly on a tangential curve, concave to the Southeast, 305.62 feet, said curve has a radius
of 2814.79 feet a central angle of 06 degrees 13 minutes 15 seconds and a chord of 305.47 feet
which bears North 38 degrees 10 minutes 02 seconds East; thence South 33 degrees 33 minutes
56 seconds East, 282.54 feet; thence South 56 degrees 26 minutes 04 seconds West, 124.00 feet
to the point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes
16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 275.41 feet to the point of beginning of the land to be
described; thence continuing on the southerly boundary of the above described land and the
Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56 degrees 57 minutes 24
seconds West, 134.01 feet; thence North 33 degrees 33 minutes 56 seconds West, 294.21 feet;
thence North 56 degrees 26 minutes 04 seconds East, 192.06 feet; South 33 degrees 33 minutes
56 seconds East, 214.00 feet; thence South 56 degrees 26 minutes 04 seconds West, 58.06 feet;
thence South 33 degrees 33 minutes 56 seconds East, 81.43 feet to the point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes
16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet; thence North 33 degrees 33 minutes 56
seconds West, 294.21 feet; thence North 56 degrees 26 minutes 04 seconds East, 124.00 feet to
the point of beginning; thence continuing North 56 degrees 26 minutes 04 seconds East, 68.06
feet; thence South 33 degrees 33 minutes 56 seconds East, 69.56 feet; thence North 04 degrees
06 minutes 22 seconds East, 85.61 feet; thence North 40 degrees 40 minutes 24 seconds East,
14.92 feet; thence North 33 degrees 33 minutes 56 seconds West, 313.24 feet; thence
southwesterly on a non -tangential curve, concave to the southeast, 138.73 feet, said curve has a
radius of 2814.79 feet, a central angle of 02 degrees 49 minutes 26 seconds and a chord of
138.71 feet which bears South 42 degrees 41 minutes 22 seconds West to the intersection with a
line bearing North 33 degrees 33 minutes 55 seconds West from the point of beginning; thence
South 33 degrees 33 minutes 55 seconds East, 282.54 feet along the last described line to the
point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes
16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet; thence North 33 degrees 33 minutes 56
seconds West, 294.21 feet; thence North 56 degrees 26 minutes 04 seconds East, 192.06 feet;
thence South 33 degrees 33 minutes 56 seconds East, 69.56 feet; thence North 04 degrees 06
minutes 22 seconds East, 85.61 feet; thence North 40 degrees 40 minutes 24 seconds East, 14.92
feet to the point of beginning; thence continuing North 40 degrees 40 minutes 24 seconds East,
148.05 feet; North 33 degrees 33 minutes 56 seconds West, 300.35 feet; thence southwesterly on
a non -tangential curve, concave to the Southeast, 145.09 feet, said curve has a radius of 2814.79
feet, a central angle of 02 degrees 57 minutes 12 seconds and a chord of 145.07 feet which bears
South 45 degrees 34 minutes 41 seconds West to the intersection with a line bearing North 33
degrees 33 minutes 56 seconds West from the point of beginning; thence South 33 degrees 33
minutes 56 seconds East, 313.24 feet along the last described line to the point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes
16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 496.53 feet; thence continuing on the southerly boundary
of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad,
South 33 degrees 02 minutes 36 seconds East, 12.50 feet; thence continuing on the southerly
boundary of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad, South 56 degrees 57 minutes 24 seconds West, 599.76 feet to the point of beginning of
the land to be described; thence continuing on the southerly boundary of the above described land
and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56 degrees 57
minutes 24 seconds West, 719.50 feet to a point of cusp; thence continuing on the southerly
boundary of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad on a non -tangential curve concave to the northwest, 120.34 feet, said curve has a radius
of 1959.86 feet, a central angle of 03 degrees 31 minutes 05 seconds and a chord of 120.32 feet
which bears North 36 degrees 48 minutes 57 seconds East; thence North 35 degrees 03 minutes
24 seconds East, tangent to the last curve, 22.98 feet; thence South 56 degrees 57 minutes 24
seconds West, 27.39 feet; thence North 33 degrees 02 minutes 36 seconds West, 141.43 feet;
thence North 42 degrees 07 minutes 35 seconds East, 236.51 feet; thence North 54 degrees 19
minutes 50 seconds East, 265.99 feet; thence North 30 degrees 36 minutes 51 seconds East,
129.50 feet to the intersection with a line bearing North 33 degrees 26 minutes 11 seconds West
from the point of beginning; thence South 33 degrees 26 minutes 11 seconds East, 321.63 feet to
the point of beginning.
Document No. T205691
N
OFFICE OF THE REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Filed on -February 28, 2018 9:55 AM
Cert # 39517
PLAT MAP
NEW PLAT NAME:
REGISTERED LAND SURVEY NO. 129
OWNERS:
J & R CHANHASSEN, LLC
UNDERLYING LEGAL:
PART OF SE 1 /4 15-116-23
25.0151215
PARENT PID(S)
PLAT FILE/SLEEVE NUMBER 1740
Fee: $56.00
Kaaren Lewis
Registrar of Titles
25702
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STATE OF MINAESOTA
COUNTY OF
TN``f�-9-9 aw -A too etanowodp.d
20.1. W Esc 8 L ndW- Lo1NM Lord Se,.I-
��z,�v/ ir4
Nalwy cabld nYlwam 71 J31 ��
IIY Comm.sbn Emrw
Cf4ANNAAJIEN. W UlFSOTA
TMS R09-110 Lrid 91"V woo aowo wd -PNIII .Y IN CAY Caws Of !N CA, d
CnaMSANn. Y,rg cool, of :e9ww 9mwad Nd on I- IZ'" dY of
FESRL3AK� 20AL
CRY COUNCR OF THE CCAT-Y-_OF CfVUNNASSEN WMNESOTA
31iwa�-r CO
COUNTY 6URYEYINt, Cr Ceuroya9r oolo
PVsuw4 b CnaPte' 795 Wnnao4 Law of f971_ me P"-wor« _wed Sun.. ^
Boon E Pnaae, Caner CwwY Saveyor
4 1
ST.
COUNTY AU01TORtTREASURER, CA.oe. C-ply N.nneulta
I Mreby cootlty 11.1 Ia�et 9".6 w IG aM prbr yaws nave Dorn Pad W btW
owl-o.d an tree R.91.-A4 Lad Survey.
O.Nd IfW le-., d TCUe'110.� 20&g
�4atsw D.rw. CewPY AIt•torTreaeww
REGISTRAR OF MLES. Carves C-It tM,,arA.
^eg .x•S of Rea R.9alww I-t' S•-,o' .a Rod an moo -MIL i-
t'euIUWU ZO_SLw4�55 a4qu .� Y aDdQ+^'M1t Na
T =,UPI'L
IL•wen L•7 •r d TAw
M
�-J
L A N D F O R M
zer3.e°Iw¢ • •
SHM I OF 2 9 4EET5
REGISTERED LAND SURVEY NO, 129
11 25
7? 51
S0`4olmlt
4LI92.
WET,./ LAND
5B.C6, 00
TRACT A
lip i t I -
x
-729 n S22'D9 WE Y.
S3D •42•SHJt 3.6 MEAS WAS
21 Sl
7,fr
NORTH
L A N D F
Too 200
w Fftf
*.RPCS WWW Aff *A" OP. 'It
r Ml -,,e a � %UnEW 1/. OF
%C. 13 1 R. 23 .N N 5 M
.5%w ftAa 4 t lvwocrvw.
FoL.v .Lew oTlqvm slo� o ml " '12 NM 8, N w. R G
mcm1 9el 4v %mv ey uc&e*
w .8�?L
0 K m
SHEET 2 OF 2 SHEETS
Document No. T205692
PID#
No delinquent taxes and transfer entered:
Certificate of Real Estate Value
( ) Filed (�) Not Required
CRV # >JA
PhVi 2019:�_
Kaare ry r County Recorder
BY Deputy
OFFICE OF THE REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Filed on -February 28. 2018 9:55 AM
Cert # 39518 Fee: $86.00
1111111111111111111
205692
WARRANTY DEED
STATE DEED TAX DUE HEREON $ /- &,S
Date: 2.�L,, 2018
Kaaren Lewis
Registrar of Titles
FOR VALUABLE CONSIDERATION, J&R Chanhassen, LLC, a Minnesota limited liability company,
Grantor, hereby conveys and warrants to City of Chanhassen, a Minnesota municipal corporation,
Grantee, real property in Carver County, Minnesota, described as follows:
Tract A, Registered Land Survey No. 129
together with all hereditaments and appurtenances belonging thereto, subject to all easements, covenants
and restrictions of record.
Seller certifies that Seller is not aware of any wells on the above described real property.
Total consideration for this transfer is less than $500.00.
J*R CHANHASS
I
Minnesot ' i
I:
LaMettry
Member
Deed Tax of $ ('
paid on Z� (Date)
Conservation Fee Paid
Kaaren Lewis
Carver County Recorder
RETURN TO
RA
CommSCxth Street Partnerial
200 S. # 1300
MN 55402
Minneapolis, G,,.,f_�
• A .
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me this ZCday of r1.b , 2018, by Richard
�aMettry, Managing Member of J&R Chanhassen, LLC,. a limited liability compa y under the laws of
e State of Minnesota, on beh the comp
r
BM GERSTEIN Timm
Nota ublic
ram " ROY��Y RAUC - MiNNESOTA
Wy w.ir E. 4-n Jan. 31, 2020
THIS INSTRUMENT WAS DRAFTED BY
GERSTEIN-TIMM, PLLC
100 Prairie Center Drive, Suite 210
Eden Prairie, MN 55344
Tax Statements for the Real Property Described
in this Instrument should be sent to:
City of Chanhassen
7700 Market Boulevard, P.O. Box 147
Chanhassen, MN 55317
Document No. T205693
OFFICE OF THE REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Filed on -February 28, 2018 9:55 AM
Cert # 39519
1111111111111111111
205693
Fee: $46.00
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AMENDED AND RESTATED
CONDITIONAL USE PERMIT #2015-19
Kaaren Lewis
Registrar of Titles
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an amended and restated conditional use permit for the following use which amends
Conditional Use Permit #2015-19 dated August 10, 2015, and recorded on June 27, 2016 as Torrens
Document No. T199468 ("Existing Permit"):
For the LaMettry Collision & Glass to develop within the Bluff Creek
Overlay District and to permit two principal structures on one parcel.
2. Property. This amended and restated permit is to correct the erroneous legal
description of the property that was described in the Existing Permit. The correct legal description
of the property is: Tract B and Tract C, Registered Land Survey No. 129, Carver County,
Minnesota.
3. Conditions. The Existing Permit, and the conditions contained therein, shall remain
in full force and effect.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of the Existing Permit. The City may institute any proper action
or proceeding at law or at equity to prevent violations of the within property, to restrain or abate
violations of the within permit, or to prevent use or occupancy of the Subject Property.
5. Criminal Penalty. Violation of the terms of this Amended and Restated
Conditional Use Permit is a criminal misdemeanor.
RETURN TO: ® RA,
Commercial Partners Title
196574v1
200 S. Sixth Street * 1300 ` �
`[ O 7 Minneapolis, MN 55402 O v
Dated: 2 , 2018.
CITY OF CHANHASSEN
By
Denn Laufenb rger, May
And
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this ZI s� day of
Ftl-t , 2018, by Denny Laufenburger and by Todd Gerhardt, respectively the
Mayor and 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.
JENNIFER ANN POTTER
MNOtB� � � s , 20=0
:_
DRAFTED BY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
Not ubli
196574v1
Document No. T205694
OFFICE OF THE REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Filed on -February 28, 2018 9:55 AM
Cert # 39519
1111111111111111111
205694
AMENDMENT
TO
SITE PLAN AGREEMENT #2015-19
LAMETTRY'S COLLISION & GLASS
Fee: $46.00
Kaaren Lewis
Registrar of Titles
THIS AMENDMENT TO SITE PLAN AGREEMENT ("Amendment") is made this
12- day of , 2018, by and between the CITY OF CHANHASSEN, a Minnesota
municipal corporation ("City"), and J & R CHANHASSEN, LLC, a Minnesota limited liability
company (the "Developer").
1. The City and Developer previously entered into a Site Plan Agreement dated
August 10, 2015 and filed of record on June 27, 2016 with the Carver County Registrar as
Document No. T199469 ("Site Plan").
2. The legal description on Exhibit B of the Site Plan was erroneously described.
This Amendment to Site Plan Agreement is to correct the legal description on the Site Plan. The
correct legal description is legally described as follows:
Tract B and Tract C, Registered Land Survey No. 129, Carver County, Minnesota.
3. Except as herein amended, the Site Plan Agreement shall remain in full force and
effect.
RETURN TO:
I Commercial Partners Title
200 S. Sixth Street #13
'�57'`00 �
5 _L 7 Minneapolis, MN 55402 IF320
a. .
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed this
day of 12018.
CITY:
CITY OF CHANHASSEN
By:
Denny fagenburger, Mayo
And -��A JA
odd Gerhard, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this 24 day of ,
2018, by Denny Laufenburger and by Todd Gerhardt, respectively the Mayor and 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.
J=Publk-MinnesotaR Notary lic
M
196572A
>j
STATE OF MINNESOTA )
:SS
COUNTY OF )
The foregoing instrument was acknowledged before me this i�day of T-:4,6r L
2018, by Richard LaMettry, the Managing Member of J & R Chanhassen LLC, a Minnesota
limited liability company, on behalf of the e
7ortary Public
CID
BETH GERSTEIN TIMM
WAW PUBLIC - WNWSOTA
Cwr,*E*W Jan. 31, 20
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP
Document No. T205695
OFFICE OF THE REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Filed on -February 28, 2018 9:55 AM
Cert # 39519
1111111111111111111
205695
(Reserved for recording)
GRANT OF PERMANENT EASEMENT
FOR DRAINAGE AND UTILITY PURPOSES
Fee: $46.00
Kaaren Lewis
Registrar of Titles
J & R Chanhassen, LLC, a Minnesota limited liability company ("Grantor"), in
consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the
"City", its successors and assigns, forever, a permanent easement for public drainage and utility
purposes over, on, across, under and through the land situated in the County of Carver, State of
Minnesota, legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B"
(the "Easement Property").
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the Easement Property at all reasonable times to construct, reconstruct, inspect, repair, and
maintain said public drainage and utility systems over, across, on, under, and through the easement
premises, together with the right to grade, level, fill, drain, pave, and excavate the Easement
Property, and the further right to remove trees, bushes, undergrowth, and other obstructions
interfering with the location, construction, and maintenance of said public drainage and utility
systems.
The above -named Grantor, for itself, its successors and assigns, does covenant with the City,
its successors and assigns, that it is well seized in fee title of the Easement Property; that it has the
sole right to grant and convey the easement to the City; that there are no unrecorded interests in the
Easement Property; and it will indemnify and hold the City harmless for any breach of the foregoing
covenants. O
RETURN TO: lt
1 Commercial Partners Title 52��8
196571v1 200 S. Sixth Street #1300 J
Q f, Minneapolis, MN 55402
IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this
day of r , 2018.
GRANTOR:
STATE OF MINNESOTA )
:ss
COUNTY OF H 1,nnW;rJ )
The foregoing instrument was acknowledged before me this ZI ' day of
2018, by Richard LaMettry, the Managing of J & R Chanhassen LLC, a Minnesota
limited liability company, on behalf of the en 'ty.
ta*otary Public
''-- BETH GERSTEIN TIMM
t '.-":5� NOTARY PU3X - MIWESOTA
MY Ca?rAim E*---3 Jan. 31, 2"-
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP
1965710
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
A drainage and utility easement lying over, under, and across the East 63 feet of Tract B and the
East 53 feet of Tract C, Registered Land Survey No. 129, Carver County, Minnesota.
196571v1
EXHIBIT "B"
TO
GRANT OF PERMANENT EASEMENT
DRAINAGE AND UTILITY EASEMENT EXHIBIT
FOR J & R PROPERTIES, LLC
-.e 4"2 :fff Of r-RACr 0 AW, ',-E- nk5f 553off' tX f-ZACI C IZY(.--fNeo Al-V 5LR.'.T.� 4jvc-p. N.
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SCALE IN r=
196571vl
CITY OF CHANHASSEN
SITE PLAN AGREEMENT #2015-19
LAMETTRY'S COLLISION & GLASS
SPECIAL PROVISIONS
AGREEMENT dated August 10, 2015, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and J & R Chanhassen, LLC (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan
for two one-story buildings of 18,290 square feet and 22,115 square feet located at 1650 and 1651
Motorplex Court (referred to in this Agreement as the "project"). The land is legally described as
Tracts B and C Registered Land Survey No. 129.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enters into this Agreement and furnish the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance with the
following plans. The plans shall not be attached to this Contract. If the plans vary from the written
terms of this Agreement, the written terms shall control. The plans are:
Plan A: Site Plan prepared by Sathre-Bergquist, Inc., dated 06/18/15.
Plan B: Grading and Erosion Control Plans prepared by Sathre-Bergquist, Inc. dated 06/18/15.
Plan C: Landscaping Plan prepared by Norby & Associates Landscape Architects, Inc. dated
06/ 19/ 15.
Plan D: Utility Plan prepared by Sathre-Bergquist, Inc. dated 06/18/15.
Plan E: Building Elevation Plans prepared RDS Architects dated June 16, 2015, revised July 9,
July 20 and July 28, 2015.
4. Time of Performance. The Developer shall install all required screening and landscaping
by July 1, 2017. 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. Security. To guarantee compliance with the terms of this Agreement, the Developer shall
furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for
$289,000.00 (drainage system, erosion control and landscaping). If the Developer requests a
Certificate of Occupancy prior to the installation of site landscaping, then the developer shall
provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation
of said landscaping.
PROCEDURES FOR
LETTER OF CREDIT REDUCTION
a. Requests for reductions of Letters of Credit must be submitted to the City in writing by
the Developer or his Engineer.
b. Partial lien waivers totaling the amount of the requested reduction shall accompany each
such request.
c. Any reduction shall be subject to City approval.
6. Notices. 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 certified mail at
the following address:
Mr. Rick LaMettry
3209 Galleria #1804
Edina, MN 55435
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
7. Other Special Conditions. City Council approves a site plan for two one-story buildings
of 18,290 square feet and 22,115 square feet subject to the following conditions:
Building:
a. The buildings are required to have an automatic fire extinguishing system.
b. The buildings are required to have individual water and sewer connections.
c. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
d. Retaining walls over four feet high must be designed by a professional engineer and a permit
must be obtained prior to construction.
e. Detailed occupancy and accessibility -related requirements will be addressed when complete
building plans are submitted.
2
f. The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
Fire Marshal:
a. A three-foot clear space shall be maintained around all fire hydrants.
b. Additional fire hydrants will be required (one for each building). Contact the Chanhassen
Fire Marshal for exact locations.
Engineering:
a. Minor modifications to the grading plan are needed to clarify the proposed grades,
specifically:
1) The proposed 952 foot contour northwest of the entrance to Audubon Road closes in on
itself, and
2) The proposed 944 foot contour at the south site's middle entrance.
b. The eastern retaining wall on the south site must not encroach into the adjacent drainage and
utility easement.
LaMettry's and Auto Motorplex must enter into a cross -access agreement for the existing
private street. Staff recommends that this agreement address maintenance responsibilities
and costs.
d. On the south site, the drive aisle between the east of the building and the parallel parking
must be at least 22 feet wide.
e. On the south site, ensure that there is adequate space for vehicles backing out of Unit #1.
f. A building permit is required to extend the sewer and water services to each of the buildings;
a plumbing inspector shall inspect the connections.
Environmental Resources:
a. All transplanted trees shall be warranted for one year from the time the overall landscaping is
complete. Any trees that do not show 75% canopy at the end of warranty shall be replaced
with new trees.
b. Minimum bufferyard requirements must be met.
Planning:
a. The developer shall provide a sidewalk connection from Motorplex Court to Park Road.
b. The applicant shall prepare a lighting plan with photometrics prior to the issuance of a
building permit.
3
c. The applicant shall provide staff with a description of the sign locations for both buildings
and monument sign.
d. The applicant's architect shall work with staff to develop transitions between the different
materials and the architectural detailing of the buildings as shown on plans dated received
July 20, 2015 to make them compatible with the entire development.
Water Resources:
a. A standalone Surface Water Pollution Prevention Plan with all elements required in Parts III
and IV of the NPDES Construction permit shall be prepared and submitted to the city for
review and approval prior to any earth disturbing activities.
b. The city -developed maintenance agreement shall be revised accordingly, executed and
recorded against the property.
c. The applicant shall develop, or cause to be developed, an operations and maintenance manual
which shall specify anticipated inspection and maintenance, as well as schedule, necessary in
order to ensure there is not significant decreases in the practices' efficacies. This operations
and maintenance manual shall be referenced in the maintenance agreement.
d. The applicant must demonstrate that the required 90% reduction in TSS will result from the
proposed storm water best management practices using P8, the MIDS calculator or another
approved methodology.
e. The applicant shall provide documentation that adequate pretreatment is provided for the
Cultec Rechargerrm systems or that pretreatment is not required per the manufacturer's
specifications.
f. Surface Water connection fees in the amount of $118,134.00 will be due with final approval
and prior to being issued a certificate of occupancy. In lieu of these fees, that portion of the
parcel located westerly and containing the Bluff Creek Overlay District may be given a
unique PID and dedicated to the city
8. General Conditions. The general conditions of this Agreement are attached as Exhibit "A"
and incorporated herein.
4
CITY OF CHANHASSEN
(SEAL)
AND:
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this L f day of , 2018, by
Denny Laufenburger, Mayor, and by Todd Gerhardt, 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.
JENNIFER ANN POTTER TARY PUBLIC
Notary Pubifc"Minnesota
COMM""my Expq 31.20M
J & R CHANHASSEN, LLC:
Its
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2018 by , the
of J & R Chanhassen, LLC, a Minnesota Limited Liability Corporation.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
NOTARY PUBLIC
0
CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT "A"
GENERAL CONDITION
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb
the earth, remove trees, construct improvements, or any buildings until all the following conditions
have been satisfied: 1) this agreement has been fully executed by both parties and filed with the
City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has
issued a building permit in reliance on the foregoing conditions having been satisfied.
2. Maintenance of site. The site shall be maintained in accordance with the approved site plan.
Plants and ground cover required as a condition of site plan approval which die shall be promptly
replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and contractors
a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are issued,
the erosion control plan, Plan B, shall be implemented, 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 backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas
shall be fertilized, 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 at the Developer's expense. 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. No development
will be allowed and no building permits will be issued unless there is full compliance with the
erosion control requirements. Erosion control shall be maintained until vegetative cover has been
restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a
need for erosion control, the City will authorize removal of the erosion control measures.
5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on
and off site, dirt and debris, including blowables, from streets and the surrounding area that has
resulted from construction work by the Developer, its agents or assigns.
6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall
be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be
warranted for twelve (12) months from the time of planting. The Developer or his contractor(s)
shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final
acceptance.
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from claims
7
made by itself and third parties for damages sustained or costs incurred resulting from site
plan approval and development. 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 attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this
Agreement, including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Agreement within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all development work and construction. Bills not paid within thirty (30)
days shall accrue interest at the rate of 8% per year.
8. 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 fast
given notice of the work in default, not less than four (4) days in advance. This Contract 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.
9. Miscellaneous.
A. Construction Trailers. Placement of on -site construction trailers and temporary job site
offices shall be approved by the City Engineer. Trailers shall be removed from the subject
property within thirty (30) days following the issuance of a certificate of occupancy unless
otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Agreement.
D. Breach of Contract. Breach of the terms of this Agreement by the Developer shall be
grounds for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of
this Agreement is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent basis until
the streets needed for access have been paved with a bituminous surface and the utilities
tested and approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver
or release.
H. Recording. This Agreement shall run with the land and may be recorded against the title to
the property.
I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every
right, power and remedy herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right, power or
remedy.
J. Construction Hours. The normal construction hours under this contract shall be from 7:00
a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such
activity allowed on Sundays or any recognized legal holidays. Operation of all internal
combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly
identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the site plan process for each lot.
This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of
these sites shall render them as unacceptable and replacement sites will need to be located
for each violated site in order to obtain a building permit.
L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan
the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
l . City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory
to the City that it has the authority of the fee owners and contract for deed purchasers too
enter into this Development Contract.
N. Soil Conditions. The Developer acknowledges that the City makes no representations or
warranties as to the condition of the soils on the property or its fitness for construction of
the improvements or any other purpose for which the Developer may make use of such
property. The Developer further agrees that it will indemnify, defend, and hold harmless
the City, its governing body members, officers, and employees from any claims or actions
arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless
hazardous wastes or pollutants were caused to be there by the City.
O. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
7
CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Agreement, affirm and consent to the provisions thereof and agree to be bound
by the provisions as the same may apply to that portion of the subject property owned by them.
Dated this day of , 20
:4
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this
2016 by , the
of
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952)227-1100
day of ,
NOTARY PUBLIC
10
MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this day of , 20_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
2016 by , the
of
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
day of
NOTARY PUBLIC
11
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
AMENDED CONDITIONAL USE PERMIT #2015-19
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants a conditional use permit for the following use:
For the LaMettry Collision & Glass project to develop within the Bluff Creek
Overlay District and to permit two principal structures on one parcel.
2. Property. The permit is for the following -described property located at 1650 and
1651 Motoiplex Court ("subject property") in the City of Chanhassen, Carver County, Minnesota:
Tracts B and C, Registered Land Survey No. 129
3. Conditions. The permit is issued subject to the following conditions:
a. Development must comply with the Bluff Creek Corridor Regulations.
b. Tract A, Registered Land Survey containing the Bluff Creek Overlay District
shall be dedicated to the city.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction
has not been substantially completed or the use commenced, this permit shall lapse, unless an
extension is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terns of this conditional use permit is a
criminal misdemeanor.
187748vl
Dated: February 12, 2018
(SEAL)
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
CITY OF CHANHASSEN
By:
Denny Laufenb ger, Mayor✓
A. B ��''` ''I..�M
Y
ZZ
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this 12`h day of February,
2018, by Denny Laufenburger Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council.
DRAFTED BY:
City of Chanhassen
P.O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
Notary
KIM T. MEUWISSEN
�; _fir Notary Public -Minnesota
R My Commission Expires Jan 31. 2020
10�
ISSUED BY
COMMERCIAL PARTNERS TITLE, LLC
200 South Sixth Street, Suite 1300, Minneapolis, MN 55402
AS AGENT FOR
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
SUPPLEMENTAL COMMITMENT
File No.: 53268
Issued On: November 21, 2017
This second Supplemental Commitment has been issued to reflect the following changes:
1. Item No. 5 of Schedule A has been modified.
2. Item No. 3 of Schedule B - Part I has been modified.
3. Item Nos. 13 - 15, and 20 - 23 of Schedule B - Part II have been modified.
Supplemental Commitment 53268
ISSUED BY
COMMERCIAL PARTNERS TITLE, LLC
200 South Sixth Street, Suite 1300, Minneapolis, MN 55402
AS AGENT FOR
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Reference Name: 1650 Motorplex Court
COMMITMENT
SCHEDULE A
1. Effective Date: October 17. 2017 at 07:00 AM File No.: 53268
2. Policy (or Policies) to be issued: Amount
(a) Loan Policy ALTA Loan Policy (06/17/06) $1,000,000.00
Proposed Insured: Bremer Bank, N.A., its successors and/or assigns as
their respective interests may appear.
(b) Loan Policy ALTA Loan Policy (06/17/06) $400,000.00
Proposed Insured: Bremer Bank, N.A., its successors and/or assigns as
their respective interests may appear.
3. The estate or interest in the land described or referred to in this Commitment is Fee Simple.
4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in:
J & R Chanhassen, LLC a Minnesota limited liability company
5. The land referred to in the Commitment is described as follows:
SEE EXHIBIT A ATTACHED HERETO
ALTA Commitment Valid only if Schedule B and
Schedule A (6-17-06) Cover are Attached
53268
ISSUED BY
COMMERCIAL PARTNERS TITLE, LLC
AS AGENT FOR
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NUMBER 53268
EXHIBIT A
LEGAL DESCRIPTION
The land referred to in this Commitment is described as follows:
That part of the Southeast Quarter of Section 15, Township 116 North, Range 23 West of the 5th Principal
Meridian described as:
Beginning at the Northeast corner of said Southeast Quarter, thence on an assumed bearing of North 89 degrees
00 minutes 25 seconds West along the North line of said Southeast Quarter a distance of 2614.22 feet to the
Northwest corner of said Southeast Quarter; thence South 0 degrees 59 minutes 45 seconds East along the West
line of said Southeast Quarter a distance of 1766.11 feet; thence North 56 degrees 57 minutes 24 seconds East a
distance of 669.01 feet; thence South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence
Northeasterly along a non -tangential curve concave to the Northwest having a radius of 1859.86 feet; a chord
bearing of North 49 degrees 43 minutes 26 seconds East a distance of 394.93 feet, thence North 56 degrees 57
minutes 24 seconds East, not tangent to last described curve a distance of 323.97 feet; thence South 35 degrees
03 minutes 24 seconds West a distance of 22.98 feet; thence Southwesterly 120.34 feet along a tangential curve
to the right having a radius of 1959.86 feet; thence North 56 degrees 57 minutes 24 seconds East not tangent to
last described curve a distance of 1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a distance
of 12.50 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to the East line of
said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of 72.51 feet along the East line
of said Section 15 to the point of beginning, according to the Government Survey thereof. Subject to easement for
Audubon Road (formerly known as County State Aid Highway No. 17).
And
That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116 North, Range 23 West of
the 5th Principal Meridian described as:
Beginning at the Southeast corner of said Southeast Quarter of the Northeast Quarter, thence on an assumed
bearing of North 89 degrees 00 minutes 25 seconds West along the South line of said Southeast Quarter of the
Northeast Quarter a distance of 747.57 feet, thence North 35 degrees 03 minutes 24 seconds East a distance of
1.50 feet: thence Northeasterly 1042.48 feet along a tangential curve to the right having a radius of 2814.79 feet to
the East line of said Southeast Quarter of the Northeast Quarter, thence South 0 degrees 24 minutes 06 seconds
East along the East line of said Southeast Quarter of the Northeast Quarter a distance of 738.57 feet to the point
of beginning, according to Government Survey thereof. Subject to easement for Audubon Road, (formerly known
as County State Aid Highway No. 17).
Excepting therefrom the following seven parcels:
That part which lies Westerly of Bluff Creek, the centerline of said creek described as follows:
Commencing at the Northwest corner of the Southeast Quarter of Section 15, Township 116 North. Range 23
West of the 5th Principal Meridian; thence on an assumed bearing of South 89 degrees 00 minutes 25 seconds
East. along the North line of said Southeast Quarter. a distance of 718.45 feet to the point of beginning of the
centerline to be described: thence South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet;
thence South 12 degrees 17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees 42
minutes 32 seconds East. a distance of 66.41 feet, thence South 00 degrees 11 minutes 36 seconds East, a
distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East, a distance of 11.25 feet: thence
ALTA Commitment 53268
Exhibit A
ISSUED BY
COMMERCIAL PARTNERS TITLE, LLC
AS AGENT FOR
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NUMBER 53268
EXHIBIT A
LEGAL DESCRIPTION
(Continued)
South 04 degrees 40 minutes 40 seconds East, a distance of 71.53 feet; thence South 08 degrees 34 minutes 33
seconds West, a distance of 513.32 feet, thence South 01 degree 27 minutes 58 seconds East, a distance of
148.78 feet; thence South 08 degrees 14 minutes 13 seconds West, a distance of 114.78 feet; thence South 30
degrees 49 minutes 36 seconds West, a distance of 256.50 feet; thence South 30 degrees 12 minutes 30 seconds
West, a distance of 95.70 feet; thence South 22 degrees 09 minutes 40 seconds East, a distance of 29.71 feet,
thence South 10 degrees 54 minutes 04 seconds West, a distance of 55.44 feet, thence South 14 degrees 39
minutes 10 seconds East, a distance of 15.14 feet, thence South 22 degrees 30 minutes 14 seconds West, a
distance of 33.54 feet; thence South 08 degrees 36 minutes 50 seconds West, a distance of 40.11 feet, thence
South 10 degrees 58 minutes 44 seconds West, a distance of 16.30 feet, thence South 15 degrees 39 minutes 39
seconds East, a distance of 16.38 feet; thence South 06 degrees 00 minutes 17 seconds East, a distance of 33.74
feet, thence South 33 degrees 58 minutes 55 seconds East a distance of 3.27 feet to a point on the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad, said point distance 586.57 feet Northeasterly of the Southwest
corner of the above described property, as measured along said Northerly Railroad line, and said line there
terminating.
And
Commence at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes 16 seconds East,
assumed bearing on the East line of said Southeast Quarter of Section 15, a distance of 71.55 feet to the
Southerly boundary of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad: thence South 56 degrees 57 minutes 24 seconds West, on the Southerly boundary of the above
described land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad. 409.42 feet to the point of
beginning of the land to be described; thence continuing along the Southerly boundary of the above described land
and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad. South 56 degrees 57 minutes 24 seconds
West 87.11 feet, thence continuing along the Southerly boundary of the above described land and the Northerly
line of the Milwaukee, St. Paul and Pacific Railroad, South 33 degrees 02 minutes 36 seconds East, 12.50 feet;
thence continuing along the Southerly boundary of the above described land and the Northerly line of the
Milwaukee. St. Paul and Pacific Railroad, South 56 degrees 57 minutes 24 seconds West, 599.76 feet; thence
North 33 degrees 26 minutes 11 seconds West. 321.63 feet, thence North 80 degrees 28 minutes 28 seconds
East, 278.78 feet; thence North 56 degrees 52 minutes 50 seconds East 127.97 feet; thence North 33 degrees 07
minutes 10 seconds West, 18.00 feet; thence North 56 degrees 52 minutes 50 seconds East, 54.74 feet; thence
North 33 degrees 33 minutes 56 seconds West, 226.92 feet; thence North 38 degrees 47 minutes 48 seconds
East. 261.06 feet: thence South 33 degrees 33 minutes 56 seconds East 524.43 feet to the point of beginning.
And
Commence at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes 16 seconds East,
assumed bearing on the East line of said Southeast Quarter of Section 15, a distance of 71.55 feet to the
Southerly boundary of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad: thence South 56 degrees 57 minutes 24 seconds West, on the Southerly boundary of the above
described land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, 409.42 feet; thence North 33
degrees 33 minutes 56 seconds West, 294.21 feet to the point of beginning of the land to be described; thence
continuing North 33 degrees 33 minutes 56 seconds West, 230.22 feet. thence South 38 degrees 47 minutes 48
seconds West, 261.06 feet; thence South 33 degrees 33 minutes 56 seconds East, 226.92 feet, thence South 56
degrees 52 minutes 50 seconds West, 54.74 feet; thence South 33 degrees 07 minutes 10 seconds East, 18.00
feet; thence South 56 degrees 52 minutes 50 seconds West, 127.97 feet; thence South 80 degrees 28 minutes 28
ALTA Commitment 53268
Exhibit A
ISSUED BY
COMMERCIAL PARTNERS TITLE, LLC
AS AGENT FOR
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NUMBER 53268
EXHIBIT A
LEGAL DESCRIPTION
(Continued)
seconds West, 278.78 feet; thence North 30 degrees 36 minutes 51 seconds East, 140.86 feet, thence North 04
degrees 41 minutes 43 seconds East. 150.59 feet; thence North 69 degrees 18 minutes 05 seconds East, 190.05
feet; thence North 42 degrees 40 minutes 05 seconds East. 116.79 feet to a point on the North line of said
Southeast Quarter of Section 15, distant of 747.57 feet West from said East Quarter corner of said Section 15;
thence North 35 degrees 03 minutes 24 seconds East. 1.50 feet: thence Northeasterly on a tangential curve,
concave to the Southeast, 305.62 feet, said curve has a radius of 2814.79 feet a central angle of 06 degrees 13
minutes 15 seconds and a chord of 305.47 feet which bears North 38 degrees 10 minutes 02 seconds East;
thence South 33 degrees 33 minutes 56 seconds East, 282.54 feet; thence South 56 degrees 26 minutes 04
seconds West, 124.00 feet to the point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes 16 seconds
East, assumed bearing on the East line of said Southeast Quarter of Section 15. a distance of 71.55 feet to the
Southerly boundary of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad: thence South 56 degrees 57 minutes 24 seconds West. on the Southerly boundary of the above
described land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, 275.41 feet to the point of
beginning of the land to be described; thence continuing on the Southerly boundary of the above described land
and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56 degrees 57 minutes 24 seconds
West, 134.01 feet; thence North 33 degrees 33 minutes 56 seconds West, 294.21 feet, thence North 56 degrees
26 minutes 04 seconds East, 192.06 feet; South 33 degrees 33 minutes 56 seconds East, 214.00 feet; thence
South 56 degrees 26 minutes 04 seconds West, 58.06 feet; thence South 33 degrees 33 minutes 56 seconds
East, 81.43 feet to the point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes 16 seconds
East, assumed bearing on the East line of said Southeast Quarter of Section 15, a distance of 71.55 feet to the
Southerly boundary of the above described land and the Northerly line of the Milwaukee; St. Paul and Pacific
Railroad, thence South 56 degrees 57 minutes 24 seconds West, on the Southerly boundary of the above
described land and the Northerly line of the Milwaukee. St. Paul and Pacific Railroad, 409.42 feet; thence North 33
degrees 33 minutes 56 seconds West. 294.21 feet; thence North 56 degrees 26 minutes 04 seconds East. 124.00
feet to the point of beginning: thence continuing North 56 degrees 26 minutes 04 seconds East. 68.06 feet, thence
South 33 degrees 33 minutes 56 seconds East. 69.56 feet: thence North 04 degrees 06 minutes 22 seconds East.
85.61 feet; thence North 40 degrees 40 minutes 24 seconds East, 14.92 feet: thence North 33 degrees 33 minutes
56 seconds West, 313.24 feet; thence Southwesterly on a non -tangential curve, concave to the Southeast, 138.73
feet, said curve has a radius of 2814.79 feet, a central angle of 02 degrees 49 minutes 26 seconds and a chord of
138.71 feet which bears South 42 degrees 41 minutes 22 seconds West to the intersection with a line bearing
North 33 degrees 33 minutes 55 seconds West from the point of beginning; thence South 33 degrees 33 minutes
55 seconds East. 282.54 feet along the last described line to the point of beginning.
And
Commencing at the East Quarter corner of said Section 15, thence South 00 degrees 44 minutes 16 seconds
East, assumed bearing on the East line of said Southeast Quarter of Section 15, a distance of 71.55 feet to the
Southerly boundary of the above described land and the Northerly line of the Milwaukee. St. Paul and Pacific
ALTA Commitment 53268
Exhibit A
ISSUED BY
COMMERCIAL PARTNERS TITLE, LLC
AS AGENT FOR
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NUMBER 53268
EXHIBIT A
LEGAL DESCRIPTION
(Continued)
Railroad: thence South 56 degrees 57 minutes 24 seconds West, on the Southerly boundary of the above
described land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, 409.42 feet; thence North 33
degrees 33 minutes 56 seconds West, 294.21 feet: thence North 56 degrees 26 minutes 04 seconds East. 192.06
feet, thence South 33 degrees 33 minutes 56 seconds East. 69.56 feet; thence North 04 degrees 06 minutes 22
seconds East, 85.61 feet; thence North 40 degrees 40 minutes 24 seconds East, 14.92 feet to the point of
beginning: thence continuing North 40 degrees 40 minutes 24 seconds East, 148.05 feet; North 33 degrees 33
minutes 56 seconds West, 300.35 feet, thence Southwesterly on a non -tangential curve, concave to the
Southeast, 145.09 feet, said curve has a radius of 2814.79 feet, a central angle of 02 degrees 57 minutes 12
seconds and a chord of 145.07 feet which bears South 45 degrees 34 minutes 41 seconds West to the
intersection with a line bearing North 33 degrees 33 minutes 56 seconds West from the point of beginning; thence
South 33 degrees 33 minutes 56 seconds East, 313.24 feet along the last described line to the point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes 16 seconds
East, assumed bearing on the East line of said Southeast Quarter of Section 15, a distance of 71.55 feet to the
Southerly boundary of the above described land and the Northerly line of the Milwaukee. St. Paul and Pacific
Railroad; thence South 56 degrees 57 minutes 24 seconds West, on the Southerly boundary of the above
described land and the Northerly line of the Milwaukee. St. Paul and Pacific Railroad. 496.53 feet: thence
continuing on the Southerly boundary of the above described land and the Northerly line of the Milwaukee. St. Paul
and Pacific Railroad. South 33 degrees 02 minutes 36 seconds East, 12.50 feet; thence continuing on the
Southerly boundary of the above described land and the Northerly line of the Milwaukee. St. Paul and Pacific
Railroad, South 56 degrees 57 minutes 24 seconds West, 599.76 feet to the point of beginning of the land to be
described, thence continuing on the Southerly boundary of the above described land and the Northerly line of the
Milwaukee. St. Paul and Pacific Railroad, South 56 degrees 57 minutes 24 seconds West, 719.50 feet to a point of
cusp, thence continuing on the Southerly boundary of the above described land and the Northerly line of the
Milwaukee. St. Paul and Pacific Railroad on a non -tangential curve concave to the Northwest, 120.34 feet, said
curve has a radius of 1959.86 feet, a central angle of 03 degrees 31 minutes 05 seconds and a chord of 120.32
feet which bears North 36 degrees 48 minutes 57 seconds East, thence North 35 degrees 03 minutes 24 seconds
East, tangent to the last curve. 22.98 feet; thence South 56 degrees 57 minutes 24 seconds West, 27.39 feet;
thence North 33 degrees 02 minutes 36 seconds West, 141.43 feet; thence North 42 degrees 07 minutes 35
seconds East. 236.51 feet; thence North 54 degrees 19 minutes 50 seconds East, 265.99 feet; thence North 30
degrees 36 minutes 51 seconds East, 129.50 feet to the intersection with a line bearing North 33 degrees 26
minutes 11 seconds West from the point of beginning; thence South 33 degrees 26 minutes 11 seconds East,
321.63 feet to the point of beginning.
Carver County, Minnesota
Torrens Property
NOTE: TITLE COMPANY HAS BEEN ADVISED THAT A PORTION OF THE ABOVE -DESCRIBED LAND IS
BEING CONVEYED TO THE CITY OF CHANHASSEN. THE CARVER COUNTY REGISTRAR OF TITLES WILL
NOT ACCEPT A DEED FOR RECORDATION WITHOUT A REGISTERED LAND SURVEY. SUBJECT TO
COUNTY APPROVAL, THE LEGAL DESCRIPTION WILL BE IN THE FOLLOWING FORMAT:
Tract , Registered Land Survey No. , Carver County. Minnesota
ALTA Commitment 53268
Exhibit A
ISSUED BY
COMMERCIAL PARTNERS TITLE, LLC
AS AGENT FOR
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NUMBER 53268
SCHEDULE B - PART I
REQUIREMENTS
The following are the requirements to be complied with:
This Commitment was prepared by:
Commercial Partners Title, LLC
200 South Sixth Street, Suite 1300
Minneapolis. MN 55402
Phone: (612) 337-2470
Fax: (612) 337-2471
Please direct questions regarding this Commitment to: Matthew Anderson. Underwriting Counsel, at (612)
643-1044 and direct questions regarding the closing to: Robin Armstrong, Commercial Closer. at (612)
337-2496.
If you would like to arrange for additional parties to receive this documentation, please contact our
Production Department at (612) 337-2470.
Upon our receipt and review of a standard form of affidavit disclosing no adverse matters. Item Nos. 1. 2,
3, 4, 5 and 6 of Schedule B - Part II will be deleted from the final policy. Item No. 8 of Schedule B - Part II
will be modified to reflect the interests of specific tenants.
This requirement has been modified
The Company has been informed of a potential tax parcel split of the legal description appearing at Item
No. 5 of Schedule A herein.
and the ReqistFal: ef Titles PFFGF tO GI06iRg. The Feal estate taxes fel: the yeaF in WhiGh the deed 6 te be
FeGE)rded m6i6t be paid in full. If a ReW legal de6GF pt'GR will be GFeated fe"04119 the pFepesed split, we
We require a registered land survey in a form
acceptable to Carver County.
4. Instruments creating and/or perfecting the priority of the estate or interest(s) to be insured. the form and
execution of which shall be satisfactory to the Company must be executed, delivered and duly filed of
record.
The subject property is Torrens Property and the current Certificate of Title Number is 37532.0.
Submit the following documentation prior to closing for review and approval:
Copies of Good Standing Certificate for Seller and/or Buyer/Borrower and Resolutions authorizing both the
transaction and execution of documents (or incumbency certificate with the authorizing resolutions), or
other evidence acceptable to the Company.
ALTA Commitment 53268
Schedule B - Part 1 (6-17-06)
ISSUED BY
COMMERCIAL PARTNERS TITLE, LLC
AS AGENT FOR
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NUMBER 53268
SCHEDULE B - PART I
REQUIREMENTS
(Continued)
In the event this transaction involves new construction or if there has been construction on the property
during the last six months please immediately contact the closer or underwriting attorney listed above to
discuss the transaction.
If the transaction involves a construction mortgage or is a vacant land acquisition mortgage no
construction related work can be performed on the property until after the mortgage is recorded and
pictures have been taken at the site, in order to establish priority for the construction mortgage.
Indemnities will be required at closing from the appropriate parties. depending upon the nature of the
transaction.
The legal description at Item No. 5 of Schedule A is related to the property address of 1650 Motorplex
Court, Chanhassen, MN.
END OF SCHEDULE B — PART I REQUIREMENTS
ALTA Commitment 53268
Schedule B - Part 1 (6-17-06)
ISSUED BY
COMMERCIAL PARTNERS TITLE, LLC
AS AGENT FOR
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NUMBER 53268
SCHEDULE B - PART II
EXCEPTIONS
The policy or policies to be issued will include exceptions to the following unless they are disposed of to the
satisfaction of the Company.
1. Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured
acquires for value of record the estate or interest or mortgage thereon covered by this commitment.
2. Rights or claims of parties in possession not shown by the public records.
3. This exception has been deleted and will not appear on the final policy.
4. Easements or claims of easements not shown by the public records.
5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished. imposed by law
and not shown by the public records.
6. Taxes or special assessments which are not shown as existing liens by the public records.
7. General and special taxes and assessments as hereafter listed, if any (all amounts shown being exclusive
of interest, penalties and costs):
A. Real estate taxes payable in 2017 are $7,184.00 and are paid.
Base tax $7,184.00 Property Identification No. 25.0151215
NOTE: There are no delinquent taxes of record.
B. There are no levied or pending assessments of record.
Rights or claims of tenants, as tenants only, in possession under unrecorded leases
9. Easement for highway purposes, in favor of the County of Carver, as created in document dated October
11, 1979, filed February 20, 1980, as Document No. 31322.
ALTA Commitment 53268
Schedule B - Part 11 (6-17-06)
ISSUED BY
COMMERCIAL PARTNERS TITLE, LLC
AS AGENT FOR
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NUMBER 53268
SCHEDULE B - PART II
EXCEPTIONS
(Continued)
10. Easement for public right of way purposes, including but not limited to trail purposes, in favor of the City of
Chanhassen, a Minnesota municipal corporation, as created in document dated September 21, 1990, filed
February 4, 1991, as Document No. 67762.
11. This exception has been deleted and will not appear on the final policy.
12. This exception has been deleted and will not appear on the final policy.
13. This exception has been added:
Terms and conditions of covenants and restrictions contained in Limited Warranty Deed dated December
22, 2006, filed January 16, 2007, as Document No. T161469.
14. This exception has been added:
Terms and conditions of City of Chanhassen Site Plan Permit #06-34 dated December 11, 2006, filed May
11, 2007, as Document No. T162913.
15. This exception has been added:
Terms and conditions of City of Chanhassen Conditional Use Permit #2006-34 dated December 11, 2006,
filed June 6, 2007, as Document No. T163177.
As affected by Conditional Use Permit #2006-34A dated December 8, 2008. filed January 28, 2009, as
Document No. T169321.
16, This exception has been deleted.
17. Easement for drainage and utility purposes. in favor of the City of Chanhassen, a Minnesota municipal
corporation, as created in document dated May 4, 2007, filed June 6, 2007, as Document No. T163179.
18. Terms and conditions of and easements contained in Declaration of Easements dated October 19. 2007,
filed November 7. 2007, as Document No. T165026.
19. Terms and conditions of Encroachment Agreement dated May 1, 2007, filed October 3, 2007, as
Document No. T164666.
ALTA Commitment 53268
Schedule B - Part 11 (6-17-06)
ISSUED BY
COMMERCIAL PARTNERS TITLE, LLC
AS AGENT FOR
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT NUMBER 53268
SCHEDULE B - PART II
EXCEPTIONS
(Continued)
20. This exception has been added:
Terms and conditions of Conditional Use Permit #2015-19 dated August 20, 2015, filed June 27, 2016, as
Document No. T199468.
NOTE: The legal description on this instrument appears to be defective.
21. This exception has been added:
Terms and conditions of City of Chanhassen Site Plan Agreement #2015-19 dated August 10, 2015, field
June 27, 2016, as Document No. T199469.
NOTE: The legal description on this instrument appears to be defective.
22. This exception has been added:
Terms and conditions of Declaration dated August 22, 2016, filed December 12, 2016, as Document No.
T201410.
NOTE: The legal description on this instrument appears to be defective.
23. The following documents appear as recitals on the Certificate of Title but no longer affect the land. The
policy to be issued will contain affirmative coverage as to the terms and conditions of the documents, but
neither Commercial Partners Title. LLC. nor the Company will be responsible for removing the recitals
from the Certificate of Title:
a. Easement for conservation purposes, in favor of the City of Chanhassen, a Minnesota municipal
corporation. as created in document dated May 3, 2007, filed June 6, 2007, as Document No. T163178.
24. Mechanic's Lien Statement dated September 28, 2017, filed October 2. 2017, as Document No. T204253,
in favor of DayCo Concrete Company, Inc., in the amount of $63,356.00 "plus statutory int[erest]." Date of
last item was September 19, 2017.
END OF SCHEDULE B - PART II EXCEPTIONS
ALTA Commitment 53268
Schedule B - Part 11 (6-17-06)
CERTIFICATION
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
I, Kim T. Meuwissen, duly appointed and acting Deputy Clerk for the City of
Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of
Resolution No. 2018-15 "Approving a Registered Land Survey for J & R Properties,
LLC" adopted by the Chanhassen City Council on February 12, 2018 with the original
copy now on file in my office and have found the same to be a true and correct copy
thereof.
Witness my hand and official seal at Chanhassen, Minnesota, this 15'h day
of February, 2018.
77
Kim 1. Meuwissen, Depu Cl
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: February 12, 2018 RESOLUTION NO: 2018-15
MOTION BY: McDonald SECONDED BY: Ryan
A RESOLUTION APPROVING A REGISTERED LAND SURVEY
FOR J & R PROPERTIES, LLC
WHEREAS, J & R Properties, LLC have requested a subdivision of the property
described on the attached Exhibit A into three lots; and
WHEREAS, the Chanhassen Planning Commission held a hearing on January 16, 2018,
and found the plan consistent with the Chanhassen Comprehensive Plan and Zoning ordinance;
and
WHEREAS, the need for the Registered Land Survey is so that the property owner may
convey a parcel to the City of Chanhassen.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
approves the Registered Land Survey, Carver County, Minnesota, subject to the following
conditions:
1. Provide the City of Chanhassen with a copy of the current access and maintenance agreement
for Motorplex Court.
2. Access to Tract A shall be included as part of the current access and maintenance agreement
for Motorplex Court.
3. Identify and provide a Drainage and Utility easement over the publicly owned piping on the
site.
4. Dedicate Tract A to the City of Chanhassen.
Passed and adopted by the Chanhassen City Council this 12'b day February of 2018.
ATTEST:
T
Todd Gerhardt, City Clerk/Manager
YES NO
Laufenburger
McDonald
Campion
Ryan
xia� ezgz-
Denny Lau burger, Mayor
ABSENT
Tjornhom
Exhibit A
That part of the Southeast Quarter of Section 15, Township 116 North, Range 23 West of the 5th
Principal Meridian described as:
Beginning at the northeast corner of said Southeast Quarter; thence on an assumed bearing of
North 89 degrees 00 minutes 25 seconds West along the North line of said Southeast Quarter a
distance of 2614.22 feet to the northwest corner of said Southeast Quarter; thence South 0
degrees 59 minutes 45 seconds East along the west line of said Southeast Quarter a distance of
1766.11 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 669.01 feet;
thence South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence
northeasterly along a non -tangential curve concave to the northwest having a radius of 1859.86
feet; a chord bearing of North 49 degrees 43 minutes 26 seconds East a distance of 394.93 feet;
thence North 56 degrees 57 minutes 24 seconds East, not tangent to last described curve a
distance of 323.97 feet; thence South 35 degrees 03 minutes 24 seconds West a distance of 22.98
feet; thence southwesterly 120.34 feet along a tangential curve to the right having a radius of
1959.86 feet; thence North 56 degrees 57 minutes 24 seconds East not tangent to last described
curve a distance of 1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a distance
of 12.50 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to
the east line of said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of
72.51 feet along the east line of said Section 15 to the point of beginning, according to the
Government Survey thereof. Subject to easement for Audubon Road (formerly known as County
State Aid Highway No. 17).
And
That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116 North, Range
23 West of the 5th Principal Meridian described as:
Beginning at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence on
an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the south line of said
Southeast Quarter of the Northeast Quarter a distance of 747.57 feet; thence North 35 degrees 03
minutes 24 seconds East a distance of 1.50 feet; thence northeasterly 1042.48 feet along a
tangential curve to the right having a radius of 2814.79 feet to the east line of said Southeast
Quarter of the Northeast Quarter; thence South 0 degrees 24 minutes 06 seconds East along the
east line of said Southeast Quarter of the Northeast Quarter a distance of 738.57 feet to the point
of beginning, according to Government Survey thereof. Subject to easement for Audubon Road,
(formerly known as County State Aid Highway No. 17).
Excepting therefrom the following seven parcels:
That part which lies Westerly of Bluff Creek, the centerline of said creek described as follows:
Commencing at the Northwest corner of the Southeast Quarter of Section 15, Township 116
North, Range 23 West of the 5th Principal Meridian; thence on an assumed bearing of South
89 degrees 00 minutes 25 seconds East, along the North line of said Southeast Quarter, a
distance of 718.45 feet to the point of beginning of the centerline to be described; thence
South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet; thence South 12
degrees 17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees 42
minutes 32 seconds East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 36
seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East,
a distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a distance of
71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a distance of 513.32 feet;
thence South 01 degree 27 minutes 58 seconds East, a distance of 148.78 feet; thence South
08 degrees 14 minutes 13 seconds West, a distance of 114.78 feet; thence South 30 degrees
49 minutes 36 seconds West, a distance of 256.50 feet; thence South 30 degrees 12 minutes
30 seconds West, a distance of 95.70 feet; thence South 22 degrees 09 minutes 40 seconds
East, a distance of 29.71 feet; thence South 10 degrees 54 minutes 04 seconds West, a
distance of 55.44 feet; thence South 14 degrees 39 minutes 10 seconds East, a distance of
15.14 feet; thence South 22 degrees 30 minutes 14 seconds West, a distance of 33.54 feet;
thence South 08 degrees 36 minutes 50 seconds West, a distance of 40.11 feet; thence South
10 degrees 58 minutes 44 seconds West, a distance of 16.30 feet; thence South 15 degrees
39 minutes 39 seconds East, a distance of 16.38 feet; thence South 06 degrees 00 minutes 17
seconds East, a distance of 33.74 feet; thence South 33 degrees 58 minutes 55 seconds East
a distance of 3.27 feet to a point on the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad, said point distance 586.57 feet Northeasterly of the Southwest corner of the above
described property, as measured along said Northerly Railroad line, and said line there
terminating.
And
Commence at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes 16
seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet to the point of beginning of the land to be
described; thence continuing along the southerly boundary of the above described land and the
Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56 degrees 57 minutes 24
seconds West 87.11 feet; thence continuing along the Southerly boundary of the above described
land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 33 degrees 02
minutes 36 seconds East, 12.50 feet; thence continuing along the southerly boundary of the above
described land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56
degrees 57 minutes 24 seconds West, 599.76 feet; thence North 33 degrees 26 minutes 11
seconds West, 321.63 feet; thence North 80 degrees 28 minutes 28 seconds East, 278.78 feet;
thence North 56 degrees 52 minutes 50 seconds East 127.97 feet; thence North 33 degrees 07
minutes 10 seconds West, 18.00 feet; thence North 56 degrees 52 minutes 50 seconds East,
54.74 feet; thence North 33 degrees 33 minutes 56 seconds West, 226.92 feet; thence North 38
degrees 47 minutes 48 seconds East, 261.06 feet; thence South 33 degrees 33 minutes 56
seconds East 524.43 feet to the point of beginning.
And
Commence at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes 16
seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet; thence North 33 degrees 33 minutes 56
seconds West, 294.21 feet to the point of beginning of the land to be described; thence continuing
North 33 degrees 33 minutes 56 seconds West, 230.22 feet; thence South 38 degrees 47 minutes
48 seconds West, 261.06 feet; thence South 33 degrees 33 minutes 56 seconds East, 226.92 feet;
thence South 56 degrees 52 minutes 50 seconds West, 54.74 feet; thence South 33 degrees 07
minutes 10 seconds East, 18.00 feet; thence South 56 degrees 52 minutes 50 seconds West,
127.97 feet; thence South 80 degrees 28 minutes 28 seconds West, 278.78 feet; thence North 30
degrees 36 minutes 51 seconds East, 140.86 feet; thence North 04 degrees 41 minutes 43
seconds East, 150.59 feet; thence North 69 degrees 18 minutes 05 seconds East, 190.05 feet;
thence North 42 degrees 40 minutes 05 seconds East, 116.79 feet to a point on the north line of
said Southeast Quarter of Section 15, distant of 747.57 feet west from said East Quarter corner of
said Section 15; thence North 35 degrees 03 minutes 24 seconds East, 1.50 feet; thence
northeasterly on a tangential curve, concave to the Southeast, 305.62 feet, said curve has a radius
of 2814.79 feet a central angle of 06 degrees 13 minutes 15 seconds and a chord of 305.47 feet
which bears North 38 degrees 10 minutes 02 seconds East; thence South 33 degrees 33 minutes
56 seconds East, 282.54 feet; thence South 56 degrees 26 minutes 04 seconds West, 124.00 feet
to the point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes
16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 275.41 feet to the point of beginning of the land to be
described; thence continuing on the southerly boundary of the above described land and the
Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56 degrees 57 minutes 24
seconds West, 134.01 feet; thence North 33 degrees 33 minutes 56 seconds West, 294.21 feet;
thence North 56 degrees 26 minutes 04 seconds East, 192.06 feet; South 33 degrees 33 minutes
56 seconds East, 214.00 feet; thence South 56 degrees 26 minutes 04 seconds West, 58.06 feet;
thence South 33 degrees 33 minutes 56 seconds East, 81.43 feet to the point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes
16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet; thence North 33 degrees 33 minutes 56
seconds West, 294.21 feet; thence North 56 degrees 26 minutes 04 seconds East, 124.00 feet to
the point of beginning; thence continuing North 56 degrees 26 minutes 04 seconds East, 68.06
feet; thence South 33 degrees 33 minutes 56 seconds East, 69.56 feet; thence North 04 degrees
06 minutes 22 seconds East, 85.61 feet; thence North 40 degrees 40 minutes 24 seconds East,
14.92 feet; thence North 33 degrees 33 minutes 56 seconds West, 313.24 feet; thence
southwesterly on a non -tangential curve, concave to the southeast, 138.73 feet, said curve has a
radius of 2814.79 feet, a central angle of 02 degrees 49 minutes 26 seconds and a chord of
138.71 feet which bears South 42 degrees 41 minutes 22 seconds West to the intersection with a
line bearing North 33 degrees 33 minutes 55 seconds West from the point of beginning; thence
South 33 degrees 33 minutes 55 seconds East, 282.54 feet along the last described line to the
point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes
16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet; thence North 33 degrees 33 minutes 56
seconds West, 294.21 feet; thence North 56 degrees 26 minutes 04 seconds East, 192.06 feet;
thence South 33 degrees 33 minutes 56 seconds East, 69.56 feet; thence North 04 degrees 06
minutes 22 seconds East, 85.61 feet; thence North 40 degrees 40 minutes 24 seconds East, 14.92
feet to the point of beginning; thence continuing North 40 degrees 40 minutes 24 seconds East,
148.05 feet; North 33 degrees 33 minutes 56 seconds West, 300.35 feet; thence southwesterly on
a non -tangential curve, concave to the Southeast, 145.09 feet, said curve has a radius of 2814.79
feet, a central angle of 02 degrees 57 minutes 12 seconds and a chord of 145.07 feet which bears
South 45 degrees 34 minutes 41 seconds West to the intersection with a line bearing North 33
degrees 33 minutes 56 seconds West from the point of beginning; thence South 33 degrees 33
minutes 56 seconds East, 313.24 feet along the last described line to the point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes
16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 496.53 feet; thence continuing on the southerly boundary
of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad,
South 33 degrees 02 minutes 36 seconds East, 12.50 feet; thence continuing on the southerly
boundary of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad, South 56 degrees 57 minutes 24 seconds West, 599.76 feet to the point of beginning of
the land to be described; thence continuing on the southerly boundary of the above described land
and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56 degrees 57
minutes 24 seconds West, 719.50 feet to a point of cusp; thence continuing on the southerly
boundary of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad on a non -tangential curve concave to the northwest, 120.34 feet, said curve has a radius
of 1959.86 feet, a central angle of 03 degrees 31 minutes 05 seconds and a chord of 120.32 feet
which bears North 36 degrees 48 minutes 57 seconds East; thence North 35 degrees 03 minutes
24 seconds East, tangent to the last curve, 22.98 feet; thence South 56 degrees 57 minutes 24
seconds West, 27.39 feet; thence North 33 degrees 02 minutes 36 seconds West, 141.43 feet;
thence North 42 degrees 07 minutes 35 seconds East, 236.51 feet; thence North 54 degrees 19
minutes 50 seconds East, 265.99 feet; thence North 30 degrees 36 minutes 51 seconds East,
129.50 feet to the intersection with a line bearing North 33 degrees 26 minutes 11 seconds West
from the point of beginning; thence South 33 degrees 26 minutes 11 seconds East, 321.63 feet to
the point of beginning.
AMENDMENT
TO
SITE PLAN AGREEMENT #2015-19
LAMETTRY'S COLLISION & GLASS
THIS AMENDMENT TO SITE PLAN AGREEMENT ("Amendment") is made this
Iz day of - 6up-N 9 2018, by and between the CITY OF CHANHASSEN, a Minnesota
municipal corporation ("City"), and J & R CHANHASSEN, LLC, a Minnesota limited liability
company (the "Developer")
1. The City and Developer previously entered into a Site Plan Agreement dated
August 10, 2015 and filed of record on June 27, 2016 with the Carver County Registrar as
Document No. T 199469 ("Site Plan").
2. The legal description on Exhibit B of the Site Plan was erroneously described.
This Amendment to Site Plan Agreement is to convect the legal description on the Site Plan. The
correct legal description is legally described as follows:
Tract B and Tract C, Registered Land Survey No. 129, Carver County, Minnesota.
3. Except as herein amended, the Site Plan Agreement shall remain in full force and
effect.
1965720
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed this
'71 day of 32018.
CITY:
(SEAL)
STATE OF MINNESOTA
)ss.
COUNTY OF CARVER
CITY OF CHANHASSEN
By:
Denny fidenburder, Mayojd
And �& A —cM
odd Gerhard, City Manager
The foregoing instrument was acknowledged before me this 24 day of : ,
2018, by Denny Laufenburger and by Todd Gerhardt, respectively the Mayor and 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.
- a-,-, j
JENNIFER ANN POTTER Notary lic
Notary Pubflo-Minnesota
:..
ply Coffl s W Elea Jan 31, 2020
196572A
STATE OF MINNESOTA )
ss
CK6111aW1i61"s
DEVELOPER:
J & R Chanhassen, LLC,
a Minnesota limited liability company
LIM
Richard LaMettry
Its Managing Member
The foregoing instrument was acknowledged before me this day of ,
2018, by Richard LaMettry, the Managing Member of J & R Chanhassen LLC, a Minnesota
limited liability company, on behalf of the entity.
Notary Public
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: (651) 452-5000
AMP
196572v1
MORTGAGE HOLDER CONSENT
TO
AMENDMENT TO SITE PLAN AGREEMENT
, a , which holds a mortgage on all
or part of the property more particularly described in the foregoing Grant of Permanent Easement,
which mortgage is dated and recorded as Document No.
with the office of the County Recorder/Registrar for Carver County, Minnesota, for
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
does hereby join in, consent to, and is subject to the foregoing Grant of Permanent Easement.
Dated this day of 52018.
STATE OF MINNESOTA )
) ss.
• • JUr •
The foregoing instrument
2018, by
,a
THIS INSTRUMENT WAS DRAFTED BY:
CAWBELL KNUTsoN
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP
n
its
[per na—I
[title]
was acknowledged before me this day of
the of
Notary Public
on its behalf.
4
196572v]
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AMENDED AND RESTATED
CONDITIONAL USE PERMIT #2015-19
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an amended and restated conditional use permit for the following use which amends
Conditional Use Permit #2015-19 dated August 10, 2015, and recorded on June 27, 2016 as Torrens
Document No. T199468 ("Existing Permit"):
For the LaMettry Collision & Glass to develop within the Bluff Creek
Overlay District and to permit two principal structures on one parcel.
2. Property. This amended and restated permit is to correct the erroneous legal
description of the property that was described in the Existing Permit. The correct legal description
of the property is: Tract B and Tract C, Registered Land Survey No. 129, Carver County,
Minnesota.
3. Conditions. The Existing Permit, and the conditions contained therein, shall remain
in full force and effect.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of the Existing Permit. The City may institute any proper action
or proceeding at law or at equity to prevent violations of the within property, to restrain or abate
violations of the within permit, or to prevent use or occupancy of the Subject Property.
5. Criminal Penalty. Violation of the terms of this Amended and Restated
Conditional Use Permit is a criminal misdemeanor.
1965740
Dated: 2 , 2018.
(SEAL)
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
CITY OF CHANHASSEN
Byt74z' —�Jc
Denn Laufenb rger, MaydY
And
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this 21 s+ day of
E090 L-( , 2018, by Denny Laufenburger and by Todd Gerhardt, respectively the
Mayor and 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.
J#Notary
ENNIFER ANN POTTER
Publio-Minr a
Commies 6upla, w� 91.2020
DRAFTED BY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
Not ubl'
196574v1
REGISTERED LAND SURVEY NO. 129
' J QICNT OF WAY EASEME T I
GE4 DOc. NO. T67762_
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SHEET 2 OF 2 SHEETS
CITY OF CHANHASSEN
CARVER & HENNEPIN
COUNTIES
NOTICE OF PUBLIC
HEARING
PLANNING CASE NO. 2018-05
NOTICE IS HEREBY GIVEN
that the Chanhassen Planning
Commission will hold a public
hearing on Tuesday, January 16,
2018 at 7:00 p.m. in the Council
Chambers in Chanhassen City
Hall, 7700 Market Blvd. The
purpose of this hearing is to
consider an application for a
subdivision for a Registered
Land Survey and amendment
to a Conditional Use Permit for
Property located at 1651 Motorplex
Court and zoned Industrial Office
Park (IOP) Applicant/Owner: J &
R Properties LLC.
A plan showing the location
of the proposal is available
for public review on the city's
web site at w'wwci.chanhassen.
mn.us/2018-05 or at City Hall
during regular business hours.
All interested persons are invited
to attend this public hearing
and express their opinions with
respect to this proposal.
Robert Generous, AICP
Email: bgenerous(§
ci.chanhassen.mn.us
Phone: 952-227-1131
(Published in the Chanhassen
Villager on Thursday, January 4,
2018: No. 4544)
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Carver )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
lager and has full knowledge of the facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No. �
was published on the date or dates and in the newspaper stated in the attached Notice and s id
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdefghf jklmnopgrstuvwxyz
Subscribed and sworn before me on
Laurie A. Hartmann
JYMME JEANNETTE BARK
NOTARY PUBLIC • MWNESOTA
MY COMMISSION EXPIRES 01/31/23
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
Maximum rate allowed by law for the above matter ................................. $31.20 per column inch
Rate actually charged for the above matter ............................................... $12.97 per column inch
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Rick LaMettry for Conditional Use Permit and Subdivision review
On January 16, 2018, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Rick LaMettry for a Conditional Use Permit
amendment to permit development within the Bluff Creek Overlay District and subdivision
review to approve a Registered Land Survey for the property located at Audubon Road and
Motorplex Court. The Planning Commission conducted a public hearing on the proposed
conditional use and site plan, which was preceded by published and mailed notice. The Planning
Commission heard testimony from all interested persons wishing to speak and now makes the
following:
FINDINGS OF FACT
1. The property is currently zoned Industrial Office Park, IOP.
2. The property is guided by the Land Use Plan for Office Industrial and Open Space uses.
3. The legal description of the property is shown on the attached Exhibit A.
4. Conditional Use Permit: Criteria for approval:
a. The proposed development will not be detrimental to and will enhance the public health,
safety, comfort, convenience or general welfare of the neighborhood or the city.
b. The proposed development will be consistent with the objectives of the city's
comprehensive plan and the zoning ordinance.
c. The proposed development will be designed, constructed, operated and maintained so to
be compatible in appearance with the existing or intended character of the general
vicinity and will not change the essential character of that area.
d. The proposed development will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed development will be served adequately by essential public facilities and
services, including streets, police and fire protection, drainage structures, refuse disposal,
water and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
f. The proposed development will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
g. The proposed development will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or
the general welfare because of excessive production of traffic, noise, smoke, fumes,
glare, odors, rodents, or trash.
h. The proposed development will have vehicular approaches to the property which do not
create traffic congestion or interfere with traffic or surrounding public thoroughfares.
i. The proposed development will not result in the destruction, loss or damage of solar
access, natural, scenic or historic features of major significance, but will provide
permanent open space. The development will dedicate the wetland to the city for
permanent open space.
j. The proposed development will be aesthetically compatible with the area.
k. The proposed development will not depreciate surrounding property values.
1. The proposed development will meet standards prescribed for certain uses as provided in
this article.
5. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse effects of the proposed subdivision. The seven (7) affects and our findings regarding
them are:
a. The proposed subdivision is consistent with the zoning ordinance and complies with all the
district regulations and requirements;
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan by creating single-family lots
within the density ranges required by the comprehensive plan;
c. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm
water drainage are suitable for the proposed development;
d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter;
e. The proposed subdivision will not cause environmental damage;
f. The proposed subdivision will not conflict with easements of record; and
2
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1). Lack of adequate storm water drainage.
2). Lack of adequate roads.
3). Lack of adequate sanitary sewer systems.
4). Lack of adequate off -site public improvements or support systems.
6. The planning report #2018-05 dated January 16, 2018, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Conditional
Use Permit and Site Plan subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 16a' day of January 16, 2018.
CHANHASSEN PLANNING COMMISSION
BY:
Andrew Aller, Chairman
3
Exhibit A
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CITY OF CHANHASSEN
P O BOX 147
CHANHASSEN MN 55317
12/20/2017 12:07 PM
Receipt No. 00366283
CLERK: AshleyM
PAYEE: Landform Professional Services
105 5th Ave S Suite 513
Minneapolis MN 55401-
1651 Motorplex Xourt Registered Land Survey 2018-05
-------------------------------------------------------
Sign Rent 200.00
Recording Fees 50.00
GIS List 50.00
Total
Cash
Check 85196
Change
300.00
0.00
300.00
0.00
Generous, Bob
From: Strong, Vanessa
Sent: Friday, January 05, 2018 9:13 AM
To: Generous, Bob
Subject: RE: Agency Review Request - 1651 Motorplex Ct- Planning Case 2018-05
Thank you. I have the worksheet. It's a bit more complicated than what's in your attachment. Unfortunately with
Stephanie leaving suddenly a lot of things will have to be patched as best we can. I can do my best to calculate it if you
or the applicant can fill in the following:
Development type (low density, industrial etc)
acres
Total area of all parcels
Total area of each subcategory:
acres
wetlands
acres
wetland buffers (if in conservation easement)
acres
I outlots
inches
Rainfall event being abstracted (1.1", .55" etc)
cu ft
Total volume being abstracted
Total volume broken down into volume removals for each type of treatment:
cu ft
infiltration
cu ft
reuse
cu ft
other (describe)
14,4
D
This info may be buried, or able to be calculated from info they already provided, but I am extremely crunched for time.
All my time right now must be on completing the LWMP. Additionally we should be requiring they complete this
worksheet in the application. I don't know why we don't.
Hope this helps!
Vanessa
From: Generous, Bob
Sent: Friday, January 5, 2018 8:37 AM
To: Strong, Vanessa <VStrong@ci.chanhassen.mn.us>
Subject: RE: Agency Review Request - 1651 Motorplex Ct- Planning Case 2018-05
Vannessa,
The report has to go out next Wednesday. I have attached a previous report that shows how Terry calculated it. See
page 10
Let me know if I can help.
:..
1
From: Strong, Vanessa
Sent: Thursday, January 04, 2018 3:22 PM
To: Generous, Bob <bgenerous@ci.chanhassen.mn.us>
Subject: RE: Agency Review Request - 1651 Motorplex Ct- Planning Case 2018-05
That was something Stephanie was doing and she didn't quite have time to show me how before she left. Can it wait
until she gets back?
From: Generous, Bob
Sent: Thursday, January 4, 2018 1:51 PM
To: Strong, Vanessa <VStrong@ci.chanhassen.mn.us>
Subject: RE: Agency Review Request - 1651 Motorplex Ct- Planning Case 2018-05
Can you calculate the fees so I can show it as part of the report?
From: Strong, Vanessa
Sent: Wednesday, December 20, 2017 2:15 PM
To: Potter, Jenny <JPotter@ci.chanhassen.mn.us>; Generous, Bob <bgenerous ci.chanhassen.mn.us>;
tjeffery@rpbcwd.org
Cc: Archer, Jessica <JArcher@ci.chanhassen.mn.us>; Bender, George <GBender@ci.chanhassen.mn.us>; Smith,
Stephanie <sbsmith@ci.chanhassen.mn.us>; Nutter, Don <DNutter ci.chanhassen.mn.us>; Sinclair, Jill
<isinclair@ci.chanhassen.mn.us>
Subject: RE: Agency Review Request - 1651 Motorplex Ct- Planning Case 2018-05
:••
Here are my comments
1. Collect SWMP fees as part of the sub development
2. Ensure all DU easements are recorded
Thankyou
Vanessa
Vanessa Strong
Water Resources Coordinator
CITY OF CHANHASSEN
PH. 952.227.1168
FX. 952.227.1170
www.ci.chanhassen.mn.us
�f*
From: Potter, Jenny
Sent: Wednesday, December 20, 2017 12:45 PM
To: tieffery@rpbcwd.org
Cc: Archer, Jessica <JArcher@ci.chanhassen.mn.us>; Bender, George <GBender ci.chanhassen.mn.us>; Smith,
Stephanie <sbsmith ci.chanhassen.mn.us>; Nutter, Don <DNutter@ci.chanhassen.mn.us>; Sinclair, Jill
2
CITY OF CHANHASSEN
P 0 BOX 147
CHANHASSEN MN 55317
12/26/2017 1:37 PM
Receipt No. 00366750
CLERK: AshleyM
PAYEE: Landform Professional Services
105 5th STreet Suite 513
Minneapolis MN 55401-
1651 Motorplex Court REgistering Land Survey 2018-05
-------------------------------------------------------
Sign Rent 200.00
Recording Fees 50.00
GIS List 150.00
Total
Cash
Check 85205
Change
400.00
0.00
400.00
0.00
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
Mailing Address — P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1130 / Fax: (952) 227-1110
0 CITY OF CIMHASSEN
AGENCY REVIEW REQUEST
LAND DEVELOPMENT PROPOSAL
Please review and respond no later than the review response deadline
Agency Review Request Date:
December 20. 2017
Agency Review Response Deadline:
January 4, 2018
Date Application Filed:
December 15. 2017
Contact:
Contact Phone:
Contact Email:
Robert Generous. AICP
952-227-1131
bgenerous@ci.chanhassen.mn.us
Senior Planner
Planning Commission Date:
City Council Date:
60-Day Review Period Deadline:
January 16, 2018 at 7:00 p.m.
February 12, 2018 at 7:00 p.m.
February 13. 2018
Application:
Consider an application for a subdivision for a Registered Land Survey and amendment to a Conditional Use Permit for
property located at 1651 Motor lex Court and zoned Industrial Office Park IOP
Planning Case: 2018-05 1 Web Page: www.ci.chanhassen.mn.us/2018-05
In order for staff to provide a complete analysis of issues for Planning Commission and City Council review. we would
appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and
proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written
report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and
City Council. Your cooperation and assistance is greatly appreciated.
City
Departments:
Federal Agencies:
Adiacent Cities:
❑
Attorney
❑
Army Corps of Engineers
❑
Chaska
®
Building Official
❑
US Fish & Wildlife
❑
Eden Prairie
®
Engineer
❑
Jackson Township
®
Fire Marshal
Watershed
Districts:
❑
Minnetonka
®
®
Forester
Park Director
El
Carver County WMO
El
❑
Shorewood
Victoria
®
Water Resources
❑
Lower MN River
❑
Law Enforcement
❑
Minn-Creek
Adjacent Counties:
®
Riley -Purgatory -Bluff Creek
Riley -Pura
Carver County Agencies:
Utilities:
❑
❑
Hennepin
Scott
❑
❑
Community Development
❑
Cable TV — Mediacom
School Districts:
❑
Engineer
Environmental Services
❑
Electric —Minnesota Valley
❑
Historical Society
❑
Electric — Xcel Energy
❑
Eastern Carver County 112
El
Parks
❑
Magellan Pipeline
❑
Minnetonka 276
El
&Water Conservation District
❑
Natural Gas — CenterPoint Energy
❑
Phone — CenturyLink
Other Agencies:
State Agencies:
❑
Hennepin County Regional Railroad
❑
Board of Water & Soil Resources
❑
Authority
MN Landscape Arboretum
❑
❑
Health
Historical Society
❑
SouthWest Transit
❑
TC&W Railroad
❑
Natural Resources -Forestry
❑
Natural Resources -Hydrology
❑
Pollution Control
❑
Transportation
REGISTERED LAND SURVEY NO.
I hereby certify that in accordance with the provisions of Minnesota Statutes Chapter 508, 1
have surveyed the following described property in the County of Carver, State of Minnesota, to
wit:
That part of the Southeast Quarter of Section 15, Township 116 North, Range 23 West
of the 5th Principal Meridian described as:
Beginning at the Northeast corner of said Southeast Quarter; thence on an
assumed bearing of North 89 degrees 00 minutes 25 seconds West along the North
line of said Southeast Quarter a distance of 2614.22 feet to the Northwest corner of
said Southeast Quarter; thence South 0 degrees 59 minutes 45 seconds East along
the West line of said Southeast Quarter a distance of 1766.11 feet, thence North 56
degrees 57 minutes 24 seconds East a distance of 669.01 feet; thence South 33
degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence Northeasterly
along a non -tangential curve concave to the Northwest having a radius of 1859.86
feet; a chord bearing of North 49 degrees 43 minutes 26 seconds East a distance
of 394.93 feet, thence North 56 degrees 57 minutes 24 seconds East, not tangent
to last described curve a distance of 323.97 feet; thence South 35 degrees 03
minutes 24 seconds West a distance of 22.98 feet; thence Southwesterly 120.34
feet along a tangential curve to the right having a radius of 1959.86 feet; thence
North 56 degrees 57 minutes 24 seconds East not tangent to last described curve a
distance of 1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a
distance of 12.50 feet; thence North 56 degrees 57 minutes 24 seconds East a
distance of 495.70 feet to the East line of said Section 15, thence North 1 degree
15 minutes 22 seconds West a distance of 72.51 feet along the East line of said
Section 15 to the point of beginning, according to the Government Survey thereof.
Subject to easement for Audubon Road (formerly known as County State Aid
Highway No. 17).
AND
That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township
116 North, Range 23 West of the 5th Principal Meridian described as:
Beginning at the Southeast corner of said Southeast Quarter of the Northeast
Quarter; thence on an assumed bearing of North 89 degrees 00 minutes 25
seconds West along the South line of said Southeast Quarter of the Northeast
Quarter a distance of 747.57 feet; thence North 35 degrees 03 minutes 24 seconds
East a distance of 1.50 feet; thence Northeasterly 1042.48 feet along a tangential
curve to the right having a radius of 2814.79 feet to the East line of said Southeast
Quarter of the Northeast Quarter; thence South 0 degrees 24 minutes 06 seconds
East along the East line of said Southeast Quarter of the Northeast Quarter a
distance of 738.57 feet to the point of beginning, according to Government Survey
thereof. Subject to easement for Audubon Road, (formerly known as County State
Aid Highway No. 17).
EXCEPTING THEREFROM the following seven parcels:
That part which lies Westerly of Bluff Creek, the centerline of said creek described
as follows:
Commencing at the Northwest corner of the Southeast Quarter of Section 15,
Township 116 North, Range 23 West of the 5th Principal Meridian; thence on
an assumed bearing of South 89 degrees 00 minutes 25 seconds East, along
the North line of said Southeast Quarter, a distance of 718.45 feet to the point
of beginning of the centerline to be described; thence South 03 degrees 14
minutes 54 seconds West, a distance of 12.34 feet; thence South 12 degrees
17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees
42 minutes 32 seconds East, a distance of 66.41 feet; thence South 00 degrees
11 minutes 36 seconds East, a distance of 10.09 feet; thence South 26 degrees
53 minutes 49 seconds East, a distance of 11.25 feet, thence South 04 degrees
40 minutes 40 seconds East, a distance of 71.53 feet; thence South 08 degrees
34 minutes 33 seconds West, a distance of 513.32 feet; thence South 01
degree 27 minutes 58 seconds East, a distance of 148.78 feet; thence South
08 degrees 14 minutes 13 seconds West, a distance of 114.78 feet; thence
South 30 degrees 49 minutes 36 seconds West, a distance of 256.50 feet;
thence South 30 degrees 12 minutes 30 seconds West, a distance of 95.70
feet; thence South 22 degrees 09 minutes 40 seconds East, a distance of 29.71
feet; thence South 10 degrees 54 minutes 04 seconds West, a distance of
55.44 feet; thence South 14 degrees 39 minutes 10 seconds East, a distance of
15.14 feet; thence South 22 degrees 30 minutes 14 seconds West, a distance
of 33.54 feet; thence South 08 degrees 36 minutes 50 seconds West, a
distance of 40.11 feet; thence South 10 degrees 58 minutes 44 seconds West,
a distance of 16.30 feet; thence South 15 degrees 39 minutes 39 seconds East,
a distance of 16.38 feet; thence South 06 degrees 00 minutes 17 seconds East,
a distance of 33.74 feet; thence South 33 degrees 58 minutes 55 seconds East
a distance of 3.27 feet to a point on the Northerly line of the Milwaukee, St.
Paul and Pacific Railroad, said point distance 586.57 feet Northeasterly of the
Southwest corner of the above described property, as measured along said
Northerly Railroad line, and said line there terminating.
And
Commence at the East Quarter corner of said Section 15; thence South 00 degrees
44 minutes 16 seconds East, assumed bearing on the East line of said Southeast
Quarter of Section 15, a distance of 71.55 feet to the Southerly boundary of the
above described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad; thence South 56 degrees 57 minutes 24 seconds West, on the Southerly
boundary of the above described land and the Northerly line of the Milwaukee, St.
Paul and Pacific Railroad, 409.42 feet to the point of beginning of the land to be
described; thence continuing along the Southerly boundary of the above described
land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South
56 degrees 57 minutes 24 seconds West 87.11 feet; thence continuing along the
Southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, South 33 degrees 02 minutes 36 seconds
East, 12.50 feet; thence continuing along the Southerly boundary of the above
described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad, South 56 degrees 57 minutes 24 seconds West, 599.76 feet; thence
North 33 degrees 26 minutes 11 seconds West, 321.63 feet; thence North 80
degrees 28 minutes 28 seconds East, 278.78 feet; thence North 56 degrees 52
minutes 50 seconds East 127.97 feet; thence North 33 degrees 07 minutes 10
seconds West, 18.00 feet; thence North 56 degrees 52 minutes 50 seconds East,
54.74 feet; thence North 33 degrees 33 minutes 56 seconds West, 226.92 feet;
thence North 38 degrees 47 minutes 48 seconds East, 261.06 feet; thence South
33 degrees 33 minutes 56 seconds East 524.43 feet to the point of beginning.
And
Commence at the East Quarter corner of said Section 15; thence South 00 degrees
44 minutes 16 seconds East, assumed bearing on the East line of said Southeast
Quarter of Section 15, a distance of 71.55 feet to the Southerly boundary of the
above described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad; thence South 56 degrees 57 minutes 24 seconds West, on the Southerly
boundary of the above described land and the Northerly line of the Milwaukee, St.
Paul and Pacific Railroad, 409.42 feet; thence North 33 degrees 33 minutes 56
seconds West, 294.21 feet to the point of beginning of the land to be described;
thence continuing North 33 degrees 33 minutes 56 seconds West, 230.22 feet;
thence South 38 degrees 47 minutes 48 seconds West, 261.06 feet; thence South
33 degrees 33 minutes 56 seconds East, 226.92 feet; thence South 56 degrees 52
minutes 50 seconds West, 54.74 feet; thence South 33 degrees 07 minutes 10
seconds East, 18.00 feet; thence South 56 degrees 52 minutes 50 seconds West,
127.97 feet; thence South 80 degrees 28 minutes 28 seconds West, 278.78 feet;
thence North 30 degrees 36 minutes 51 seconds East, 140.86 feet; thence North 04
degrees 41 minutes 43 seconds East, 150.59 feet; thence North 69 degrees 18
minutes 05 seconds East, 190.05 feet; thence North 42 degrees 40 minutes 05
seconds East, 116.79 feet to a point on the North line of said Southeast Quarter of
Section 15, distant of 747.57 feet West from said East Quarter corner of said
Section 15; thence North 35 degrees 03 minutes 24 seconds East, 1.50 feet;
thence Northeasterly on a tangential curve, concave to the Southeast, 305.62 feet,
said curve has a radius of 2814.79 feet a central angle of 06 degrees 13 minutes
15 seconds and a chord of 305.47 feet which bears North 38 degrees 10 minutes
02 seconds East; thence South 33 degrees 33 minutes 56 seconds East, 282.54
feet; thence South 56 degrees 26 minutes 04 seconds West, 124.00 feet to the
point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00
degrees 44 minutes 16 seconds East, assumed bearing on the East line of said
Southeast Quarter of Section 15, a distance of 71.55 feet to the Southerly boundary
of the above described land and the Northerly line of the Milwaukee, St. Paul and
Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds West, on the
Southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 275.41 feet to the point of beginning of
the land to be described; thence continuing on the Southerly boundary of the above
described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad, South 56 degrees 57 minutes 24 seconds West, 134.01 feet; thence
North 33 degrees 33 minutes 56 seconds West, 294.21 feet; thence North 56
degrees 26 minutes 04 seconds East, 192.06 feet; South 33 degrees 33 minutes 56
seconds East, 214.00 feet; thence South 56 degrees 26 minutes 04 seconds West,
58.06 feet; thence South 33 degrees 33 minutes 56 seconds East, 81.43 feet to the
point of beginning.
Commencing at the East Quarter corner of said Section 15; thence South 00
degrees 44 minutes 16 seconds East, assumed bearing on the East line of said
Southeast Quarter of Section 15, a distance of 71.55 feet to the Southerly boundary
of the above described land and the Northerly line of the Milwaukee, St. Paul and
Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds West, on the
Southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet; thence North 33 degrees 33
minutes 56 seconds West, 294.21 feet; thence North 56 degrees 26 minutes 04
seconds East, 124.00 feet to the point of beginning; thence continuing North 56
degrees 26 minutes 04 seconds East, 68.06 feet; thence South 33 degrees 33
minutes 56 seconds East, 69.56 feet; thence North 04 degrees 06 minutes 22
seconds East, 85.61 feet; thence North 40 degrees 40 minutes 24 seconds East,
14.92 feet; thence North 33 degrees 33 minutes 56 seconds West, 313.24 feet;
thence Southwesterly on a non -tangential curve, concave to the Southeast, 138.73
feet, said curve has a radius of 2814.79 feet, a central angle of 02 degrees 49
minutes 26 seconds and a chord of 138.71 feet which bears South 42 degrees 41
minutes 22 seconds West to the intersection with a line bearing North 33 degrees
33 minutes 55 seconds West from the point of beginning; thence South 33 degrees
33 minutes 55 seconds East, 282.54 feet along the last described line to the point
of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00
degrees 44 minutes 16 seconds East, assumed bearing on the East line of said
Southeast Quarter of Section 15, a distance of 71.55 feet to the Southerly boundary
of the above described land and the Northerly line of the Milwaukee, St. Paul and
Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds West, on the
Southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet; thence North 33 degrees 33
minutes 56 seconds West, 294.21 feet; thence North 56 degrees 26 minutes 04
seconds East, 192.06 feet; thence South 33 degrees 33 minutes 56 seconds East,
69.56 feet; thence North 04 degrees 06 minutes 22 seconds East, 85.61 feet;
thence North 40 degrees 40 minutes 24 seconds East, 14.92 feet to the point of
beginning; thence continuing North 40 degrees 40 minutes 24 seconds East,
148.05 feet; North 33 degrees 33 minutes 56 seconds West, 300.35 feet; thence
Southwesterly on a non -tangential curve, concave to the Southeast, 145.09 feet,
said curve has a radius of 2814.79 feet, a central angle of 02 degrees 57 minutes
12 seconds and a chord of 145.07 feet which bears South 45 degrees 34 minutes
41 seconds West to the intersection with a line bearing North 33 degrees 33
minutes 56 seconds West from the point of beginning; thence South 33 degrees 33
minutes 56 seconds East, 313.24 feet along the last described line to the point of
beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00
degrees 44 minutes 16 seconds East, assumed bearing on the East line of said
Southeast Quarter of Section 15, a distance of 71.55 feet to the Southerly boundary
of the above described land and the Northerly line of the Milwaukee, St. Paul and
Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds West, on the
Southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 496.53 feet; thence continuing on the
Southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, South 33 degrees 02 minutes 36 seconds
East, 12.50 feet; thence continuing on the Southerly boundary of the above
described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad, South 56 degrees 57 minutes 24 seconds West, 599.76 feet to the point
of beginning of the land to be described; thence continuing on the Southerly
boundary of the above described land and the Northerly line of the Milwaukee, St.
Paul and Pacific Railroad, South 56 degrees 57 minutes 24 seconds West, 719.50
feet to a point of cusp; thence continuing on the Southerly boundary of the above
described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad on a non -tangential curve concave to the Northwest, 120.34 feet, said
curve has a radius of 1959.86 feet, a central angle of 03 degrees 31 minutes 05
seconds and a chord of 120.32 feet which bears North 36 degrees 48 minutes 57
seconds East; thence North 35 degrees 03 minutes 24 seconds East, tangent to the
last curve, 22.98 feet; thence South 56 degrees 57 minutes 24 seconds West,
27.39 feet; thence North 33 degrees 02 minutes 36 seconds West, 141.43 feet;
thence North 42 degrees 07 minutes 35 seconds East, 236.51 feet; thence North
54 degrees 19 minutes 50 seconds East, 265.99 feet; thence North 30 degrees 36
minutes 51 seconds East, 129.50 feet to the intersection with a line bearing North
33 degrees 26 minutes 11 seconds West from the point of beginning; thence South
33 degrees 26 minutes 11 seconds East, 321.63 feet to the point of beginning.
That the survey shown hereon is a correct delineation of said survey. Dated this day
of , 20_
Eric B. Lindgren, Professional Land Surveyor
Minnesota License Number 48176
CHANHASSEN, MINNESOTA
This Registered Land Survey was approved and accepted by the City Council of the City of
Chanhassen, Minnesota, at a regular meeting thereof held on this day of
20
CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA
M
M
COUNTY SURVEYOR, Carver County, Minnesota
Mayor
Clerk
Pursuant to Chapter 395, Minnesota Laws of 1971, this Registered Land Survey has been
approved this day of
Brian E. Praske, Carver County Surveyor
0
CG%iNTY AUDITOR/TREASURER, Carver County, Minnesota
I hereby certify that taxes payable in and prior years have been paid for land
described on this Registered Land Survey.
Dated this day of , 20_
Laurie Davies, County Auditor/Treasurer
REGISTRAR OF TITLES, Carver County, Minnesota
I hereby certify that this Registered Land Survey was filed on this day of
, 20 .at o'clock - M. as Document No.
Carl W. Hanson, Jr., Registrar of Titles
M
07OFCHANHASser,
RECEIVED
DEC 7 j 201
CHANHASSEN RZANNING pEp r
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From Site to Finish •
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\ • DENOTES 1/2 INCH IRON PIPE MONUMENT 0 100 260
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MONUMENT SET AND MARKED BY LICENSE
\ NO. 46176. •
\ L A N D F O R M
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\ O DENOTES 1/2 INCH BY 14 INCH IRON PIPE
MONUMENT SET AND MARKED BY LICENSE
\ NO. 46176. •
\ L A N D F O R M
From Site to Finish • •
SHEET 2 OF 2 SHEETS
<jsinclair@ci.chanhassen.mn.us>; Strong, Vanessa <VStrong@ci.chanhassen.mn.us>; Generous, Bob
<bgenerous@ci.chanhassen.mn.us>
Subject: Agency Review Request - 1651 Motorplex Ct- Planning Case 2018-05
Development Review Agencies,
Please review the attached request and respond with your comments (if any) no later than January 4, 2018 to:
Bob Generous
City of Chanhassen
PO Box 147
Chanhassen, MN 55317
952-227-1131
bgenerous@ci.chanhassen.mn.us
Replies to this email will be automatically copied to Bob.
You can view all the project documents on the City of Chanhassen's webpage by clicking HERE and then on the link
labeled Project Documents under the Related Resources heading.
Thank you,
Jenny Potter
Senior Administrative
Support Specialist
CITY OF
CHANHASSEN
PH. 952.227.1106
FX. 952.227.1110
www.ci.chanhassen.mn.us
IIM
Property Card Parcel ID Number 250151215
Taxpayer Information I
Taxpayer Name
J & R CHANHASSEN LLC
Mailing Address
3209 GALLERIA #1804
EDINA, MN 55435-2558
Property Address
Address
1651 MOTORPLEX CT
City
CHANHASSEN, MN 55317
Parcel Information
Uses Commercial GIS Acres 23.11 Net Acres
Deeded Acres
Plat
Lot
Block
Tax Description P/O SE1/4 DESC AS: BEG AT NE CORN SE1/4 TH N89'W ON N LINE SE1/4 2614.22' TO NW CORN SE1/4
Building Information
Building Style
Above Grade
Bedrooms
Finished Sq Ft
Year Built
Garage
Miscellaneous Information
School District Watershed District Homestead Green Acres Ag Preserve
0112 WS 064 RILEY PURG BLUFF N N N
Assessor Information
Estimated Market Value
2016 Values
(Payable 2017)
2017 Values
(Payable 2018)
Last Sale
Land
$454,900.00
$477,600.00
Date of Sale 4/30/2015
Building
$0.00
$1,099,600.00
Sale Value $1,900,000.00
Total
$454,900.00
$1,577,200.00
.ce pj-. - , This data is not suitable for lega.. r -- - eying a other similar D_ ses. Ca-. - �.y does - ja•antee the accuracy of the
ado:-matori coma ned ne-e .. Tns data �s furnished on an as is basis and Carver County ma,es •,r rep rest otaf,ons or warranties, enne• expressed c• ad, for tie merchantability or fitness of t^-
information provided for any purpose. This disclaimer, is provided pursuant to Minnesota Statutes §466.03 and the use, of the data
provided herein acknowledges that Carver County shaL not oe kab'.a for any damages, and by using this data in any way expressly waives all caims, and agrees to defend, indemnity, and ho'.d
harmless Carver County, Is officials, officers, agents, employees, etc. from any and all claims brought by anyone who uses the information provided for here'.n, its employees or agents. or
third part -es which arise out of users access. By acceptance of this data, the user agrees not to transmit this data or provide access to it or any part of it to another party unless the user inciudes
with the data a copy of this disclaimer.
Tuesday. December 19, 2017 Carver County, MN
RECEIVED
F O R M
DEC 15 2017 rroni Ylt to i-inlsn 4r
CITY OF Cihwy}ASSEN 105 South Fifth Avenue Tel: 612-252-9070
Suite513 Fax: 612-252-9077
TRANSMITTAL
Minneapolis. MN 55401 www.landformrm.netnet
PROJECT NAME AutoMotorPlex
PROJECT NUMBER LMC17001.000
DATE 12/15/2017
TRANSMITTED TO Company of Chanhassen
Name Attn: Bob Generous
Address 1 �7700 Market Blvd
Address 2
City, State, Zip Code Chanhassen, MN 55317
Phone Number
WE ARE SENDING YOU THE FOLLOWING ITEMS VIA Courier Direct
COPIES DATE SHEET NUMBER DESCRIPTION
8 12/7 2 sheets (of _______Registered Land Survey (7 full size copies, 1 reduced)
1 Application Fee Payment
I ----- -- DEve:lopt-ic M- - APPLIchrr -
THESE ARE TRANSMITTED:
AS REQUESTED FORAPPROVAL X X
FOR YOUR USE XX APPROVAL AS NOTED
FOR REVIEW AND COMMENT k K
RETURNED FOR CORRECTIONS
REMARKS:
Bob, Please find the enclosed Subdivision Application. Let me know if you have any questions.
FILE. COPYTO: SIGNED. Eric Lindgren, PLS
Landfonrn-, Sanaibltf - -, and Site to Finish' are registered semce marks of Landform Professional Services, LLC 1
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
Mailing Address — P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1130 I Fax: (952) 227-1110
0CITY OFCHANHAS3EN
AGENCY REVIEW REQUEST
LAND DEVELOPMENT PROPOSAL
Please review and respond no later than the review response deadline
Agency Review Request Date:
December 20, 2017
Agency Review Response Deadline:
January 4, 2018
Date Application Filed:
December 15, 2017
Contact:
Contact Phone:
Contact Email:
Robert Generous, AICP
952-227-1131
bgenerous@ci.chanhassen.mn.us
Senior Planner
Planning Commission Date:
City Council Date:
60-Day Review Period Deadline:
January 16, 2018 at 7:00 p.m.
February 12, 2018 at 7:00 p.m.
February 13, 2018
Application:
Consider an application for a subdivision for a Registered Land Survey and amendment to a Conditional Use Permit for
property located at 1651 Motor lex Court and zoned Industrial Office Park IOP
Planning Case: 2018-05 1 Web Page: www.ci.chanhassen.mn.us12018-05
In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would
appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and
proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written
report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and
City Council. Your cooperation and assistance is greatly appreciated.
City Departments: Federal Agencies:
❑ Attorney ❑ Army Corps of Engineers
® Building Official ❑ US Fish & Wildlife
® Engineer
®
Fire Marshal '
Watershed Districts:
®
Forester Qo
®
,
Park Director
ElCarver
County WMO
®
Water Resources
El
Lower MN River
❑
Law Enforcement
El
Minnehaha Creek
®
Riley -Purgatory -Bluff Creek
Carver County Agencies:
Utilities:
❑
❑
Community Development
Engineer
❑
Cable TV — Mediacom
El
Services
❑
Electric —Minnesota Valley
❑
Historical Society
❑
Electric — Xcel Energy
❑
Parks
❑
Magellan Pipeline
❑
Soil &Water Conservation District
❑
Natural Gas — CenterPoint Energy
❑
Phone — CenturyLink
State Agencies:
❑ Board of Water & Soil Resources
❑ Health
❑ Historical Society
❑ Natural Resources -Forestry
❑ Natural Resources -Hydrology
❑ Pollution Control
❑ Transportation
Adjacent Cities:
❑
Chaska
❑
Eden Prairie
❑
Jackson Township
❑
Minnetonka
❑
Shorewood
❑
Victoria
Adjacent Counties:
❑ Hennepin
❑ Scott
School Districts:
❑ Eastern Carver County 112
❑ Minnetonka 276
Other Agencies:
❑ Hennepin County Regional Railroad
Authority
❑ MN Landscape Arboretum
❑ SouthWest Transit
❑ TC&W Railroad
Document No. T205690
OFFICE OF THE REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Filed on -February 28, 2018 9:55 AM
Cart # 37532
immirbin�u
205690
CERTIFICATION
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
Fee: $46.00
Kaaren Lewis
Registrar of Titles
I, Kim T. Meuwissen, duly appointed and acting Deputy Clerk for the City of
Chanhassen, Minnesota, do hereby certify that 1 have compared the foregoing copy of
Resolution No. 2018-15 "Approving a Registered Land Survey for J & R Properties,
LLC" adopted by the Chanhassen City Council on February 12, 2018 with the original
copy now on file in my office and have found the same to be a true and correct copy
thereof.
Witness my hand and official seal at Chanhassen, Minnesota, this 151h day
of February, 2018.
��MNIIII/.N/•I./1` � � T1
i 1-(P Kim . Meuwissen, Depu Cle
. o
�= 1• , r 47
Wr • I'•
SCANNED
CITY OF CHA'VHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: February 12, 2018 RESOLUTION NO: 2018-15
MOTION BY: McDonald SECONDED BY: Ryan
A RESOLUTION APPROVING A REGISTERED LAND SURVEY
FOR J & R PROPERTIES, LLC
WHEREAS, J & R Properties, LLC have requested a subdivision of the property
described on the attached Exhibit A into three lots; and
WHEREAS, the Chanhassen Planning Commission held a hearing on January 16, 2018,
and found the plan consistent with the Chanhassen Comprehensive Plan and Zoning ordinance;
and
WHEREAS, the need for the Registered Land Survey is so that the property owner may
convey a parcel to the City of Chanhassen.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
approves the Registered Land Survey, Carver County, Minnesota, subject to the following
conditions:
1. Provide the City of Chanhassen with a copy of the current access and maintenance agreement
for Motorplex Court.
2. Access to Tract A shall be included as part of the current access and maintenance agreement
for Motorplex Court.
3. Identify and provide a Drainage and Utility easement over the publicly owned piping on the
site.
4. Dedicate Tract A to the City of Chanhassen.
Passed and adopted by the Chanhassen City Council this 12`h day February of 2018.
ATTEST:
�-�p�
-� -/ W
Todd Gerhardt, City Clerk/Manager
YES NO
Laufenburger
McDonald
Campion
Ryan
Z '# A.
Denny Lau burger, ayor
ABSENT
Tjomhom
Exhibit A
That part of the Southeast Quarter of Section 15, Township 116 North, Range 23 West of the 5th
Principal Meridian described as:
Beginning at the northeast corner of said Southeast Quarter; thence on an assumed bearing of
North 89 degrees 00 minutes 25 seconds West along the North line of said Southeast Quarter a
distance of 2614.22 feet to the northwest corner of said Southeast Quarter; thence South 0
degrees 59 minutes 45 seconds East along the west line of said Southeast Quarter a distance of
1766.11 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 669.01 feet;
thence South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence
northeasterly along a non -tangential curve concave to the northwest having a radius of 1859.86
feet; a chord bearing of North 49 degrees 43 minutes 26 seconds East a distance of 394.93 feet;
thence North 56 degrees 57 minutes 24 seconds East, not tangent to last described curve a
distance of 323.97 feet; thence South 35 degrees 03 minutes 24 seconds West a distance of 22.98
feet; thence southwesterly 120.34 feet along a tangential curve to the right having a radius of
1959.86 feet; thence North 56 degrees 57 minutes 24 seconds East not tangent to last described
curve a distance of 1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a distance
of 12.50 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to
the east line of said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of
72.51 feet along the east line of said Section 15 to the point of beginning, according to the
Government Survey thereof. Subject to easement for Audubon Road (formerly known as County
State Aid Highway No. 17).
And
That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116 North, Range
23 West of the 5th Principal Meridian described as:
Beginning at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence on
an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the south line of said
Southeast Quarter of the Northeast Quarter a distance of 747.57 feet; thence North 35 degrees 03
minutes 24 seconds East a distance of 1.50 feet; thence northeasterly 1042.48 feet along a
tangential curve to the right having a radius of 2814.79 feet to the east line of said Southeast
Quarter of the Northeast Quarter; thence South 0 degrees 24 minutes 06 seconds East along the
east line of said Southeast Quarter of the Northeast Quarter a distance of 738.57 feet to the point
of beginning, according to Government Survey thereof. Subject to easement for Audubon Road,
(formerly known as County State Aid Highway No. 17).
Excepting therefrom the following seven parcels:
That part which lies Westerly of Bluff Creek, the centerline of said creek described as follows:
Commencing at the Northwest corner of the Southeast Quarter of Section 15, Township 116
North, Range 23 West of the 5th Principal Meridian; thence on an assumed bearing of South
89 degrees 00 minutes 25 seconds East, along the North line of said Southeast Quarter, a
distance of 718.45 feet to the point of beginning of the centerline to be described; thence
South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet; thence South 12
degrees 17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees 42
minutes 32 seconds East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 36
seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East,
a distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a distance of
71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a distance of 513,32 feet;
thence South 01 degree 27 minutes 58 seconds East, a distance of 148.78 feet; thence South
08 degrees 14 minutes 13 seconds West, a distance of 114.78 feet; thence South 30 degrees
49 minutes 36 seconds West, a distance of 256.50 feet; thence South 30 degrees 12 minutes
30 seconds West, a distance of 95.70 feet; thence South 22 degrees 09 minutes 40 seconds
East, a distance of 29.71 feet; thence South 10 degrees 54 minutes 04 seconds West, a
distance of 55,44 feet; thence South 14 degrees 39 minutes 10 seconds East, a distance of
15.14 feet; thence South 22 degrees 30 minutes 14 seconds West, a distance of 33.54 feet;
thence South 08 degrees 36 minutes 50 seconds West, a distance of 40.11 feet; thence South
10 degrees 58 minutes 44 seconds West, a distance of 16.30 feet; thence South 15 degrees
39 minutes 39 seconds East, a distance of 16.38 feet; thence South 06 degrees 00 minutes 17
seconds East, a distance of 33.74 feet; thence South 33 degrees 58 minutes 55 seconds East
a distance of 3.27 feet to a point on the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad, said point distance 586.57 feet Northeasterly of the Southwest corner of the above
described property, as measured along said Northerly Railroad line, and said line there
terminating.
And
Commence at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes 16
seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet to the point of beginning of the land to be
described; thence continuing along the southerly boundary of the above described land and the
Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56 degrees 57 minutes 24
seconds West 87.11 feet; thence continuing along the Southerly boundary of the above described
land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 33 degrees 02
minutes 36 seconds East, 12.50 feet; thence continuing along the southerly boundary of the above
described land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56
degrees 57 minutes 24 seconds West, 599.76 feet; thence North 33 degrees 26 minutes 11
seconds West, 321.63 feet; thence North 80 degrees 28 minutes 28 seconds East, 278.78 feet;
thence North 56 degrees 52 minutes 50 seconds East 127.97 feet; thence North 33 degrees 07
minutes 10 seconds West, 18.00 feet; thence North 56 degrees 52 minutes 50 seconds East,
54.74 feet; thence North 33 degrees 33 minutes 56 seconds West, 226.92 feet; thence North 38
degrees 47 minutes 48 seconds East, 261.06 feet; thence South 33 degrees 33 minutes 56
seconds East 524.43 feet to the point of beginning.
And
Commence at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes 16
seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet; thence North 33 degrees 33 minutes 56
seconds West, 294.21 feet to the point of beginning of the land to be described; thence continuing
North 33 degrees 33 minutes 56 seconds West, 230.22 feet; thence South 38 degrees 47 minutes
46 seconds West, 261.06 feet; thence South 33 degrees 33 minutes 56 seconds East, 226.92 feet;
thence South 56 degrees 52 minutes 50 seconds West, 54.74 feet; thence South 33 degrees 07
minutes 10 seconds East, 18.00 feet; thence South 56 degrees 52 minutes 50 seconds West,
127.97 feet; thence South 80 degrees 28 minutes 28 seconds West, 278.78 feet; thence North 30
degrees 36 minutes 51 seconds East, 140.86 feet; thence North 04 degrees 41 minutes 43
seconds East, 150.59 feet; thence North 69 degrees 18 minutes 05 seconds East, 190.05 feet;
thence North 42 degrees 40 minutes 05 seconds East, 116.79 feet to a point on the north line of
said Southeast Quarter of Section 15, distant of 747.57 feet west from said East Quarter corner of
said Section 15; thence North 35 degrees 03 minutes 24 seconds East, 1.50 feet; thence
northeasterly on a tangential curve, concave to the Southeast, 305.62 feet, said curve has a radius
of 2814.79 feet a central angle of 06 degrees 13 minutes 15 seconds and a chord of 305.47 feet
which bears North 38 degrees 10 minutes 02 seconds East; thence South 33 degrees 33 minutes
56 seconds East, 282.54 feet; thence South 56 degrees 26 minutes 04 seconds West, 124.00 feet
to the point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes
16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 275.41 feet to the point of beginning of the land to be
described; thence continuing on the southerly boundary of the above described land and the
Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56 degrees 57 minutes 24
seconds West, 134.01 feet; thence North 33 degrees 33 minutes 56 seconds West, 294.21 feet;
thence North 56 degrees 26 minutes 04 seconds East, 192.06 feet; South 33 degrees 33 minutes
56 seconds East, 214.00 feet; thence South 56 degrees 26 minutes 04 seconds West, 58.06 feet;
thence South 33 degrees 33 minutes 56 seconds East, 81.43 feet to the point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes
16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet; thence North 33 degrees 33 minutes 56
seconds West, 294.21 feet; thence North 56 degrees 26 minutes 04 seconds East, 124.00 feet to
the point of beginning; thence continuing North 56 degrees 26 minutes 04 seconds East, 68.06
feet; thence South 33 degrees 33 minutes 56 seconds East, 69.56 feet; thence North 04 degrees
06 minutes 22 seconds East, 85,61 feet; thence North 40 degrees 40 minutes 24 seconds East,
14.92 feet; thence North 33 degrees 33 minutes 56 seconds West, 313.24 feet; thence
southwesterly on a non -tangential curve, concave to the southeast, 138.73 feet, said curve has a
radius of 2814.79 feet, a central angle of 02 degrees 49 minutes 26 seconds and a chord of
138.71 feet which bears South 42 degrees 41 minutes 22 seconds West to the intersection with a
line bearing North 33 degrees 33 minutes 55 seconds West from the point of beginning; thence
South 33 degrees 33 minutes 55 seconds East, 282.54 feet along the last described line to the
point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes
16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet; thence North 33 degrees 33 minutes 56
seconds West, 294.21 feet; thence North 56 degrees 26 minutes 04 seconds East, 192.06 feet;
thence South 33 degrees 33 minutes 56 seconds East, 69.56 feet; thence North 04 degrees 06
minutes 22 seconds East, 85.61 feet; thence North 40 degrees 40 minutes 24 seconds East, 14.92
feet to the point of beginning; thence continuing North 40 degrees 40 minutes 24 seconds East,
148.05 feet; North 33 degrees 33 minutes 56 seconds West, 300.35 feet; thence southwesterly on
a non -tangential curve, concave to the Southeast, 145.09 feet, said curve has a radius of 2814.79
feet, a central angle of 02 degrees 57 minutes 12 seconds and a chord of 145.07 feet which bears
South 45 degrees 34 minutes 41 seconds West to the intersection with a line bearing North 33
degrees 33 minutes 56 seconds West from the point of beginning; thence South 33 degrees 33
minutes 56 seconds East, 313.24 feet along the last described line to the point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes
16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 496.53 feet; thence continuing on the southerly boundary
of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad,
South 33 degrees 02 minutes 36 seconds East, 12.50 feet; thence continuing on the southerly
boundary of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad, South 56 degrees 57 minutes 24 seconds West, 599,76 feet to the point of beginning of
the land to be described; thence continuing on the southerly boundary of the above described land
and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56 degrees 57
minutes 24 seconds West, 719.50 feet to a point of cusp; thence continuing on the southerly
boundary of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad on a non -tangential curve concave to the northwest, 120.34 feet, said curve has a radius
of 1959.86 feet, a central angle of 03 degrees 31 minutes 05 seconds and a chord of 120.32 feet
which bears North 36 degrees 48 minutes 57 seconds East; thence North 35 degrees 03 minutes
24 seconds East, tangent to the last curve, 22.98 feet; thence South 56 degrees 57 minutes 24
seconds West, 27.39 feet; thence North 33 degrees 02 minutes 36 seconds West, 141.43 feet;
thence North 42 degrees 07 minutes 35 seconds East, 236.51 feet; thence North 54 degrees 19
minutes 50 seconds East, 265,99 feet; thence North 30 degrees 36 minutes 51 seconds East,
129.50 feet to the intersection with a line bearing North 33 degrees 26 minutes 11 seconds West
from the point of beginning; thence South 33 degrees 26 minutes 11 seconds East, 321.63 feet to
the point of beginning.
Document No. T205691
OFFICE OF THE REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Filed on -February 28, 2018 9�55 AM
Cert # 39517
PLAT MAP
NEW PLAT NAME:
REGISTERED LAND SURVEY NO. 129
OWNERS:
J & R CHANHASSEN, LLC
UNDERLYING LEGAL:
PART OF SE 1/4 15-116-23
25.0151215
PARENT PID(S)
PLAT FILE/SLEEVE NUMBER 1740
25702
Fee: $56.00
Kaaren Lewis
Registrar of Titles
PIDtI 1 <E I�tL f t D
No delinquent taxes and transfer entered:
Certificate of Real Estate Value
( )led (4) Not Required
CRV # P"
20 7_
Keare ary r County Recorder
By -Deputy
Document No. T205692
OFFICE OF THE REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Filed on -February 28, 2018 9:55 AM
Cert # 39518
f�IIIflINIIIIIIIN
205692
WARRANTY DEED
STATE DEED TAX DUE HEREON
Date: 2018
Fee: $86.00
Kaaren Lewis
Registrar of Titles
39S1')
FOR VALUABLE CONSIDERATION, J&R Chanhassen, LLC, a Minnesota limited liability company,
Grantor, hereby conveys and warrants to City of Chanhassen, a Minnesota municipal corporation,
Grantee, real property in Carver County, Minnesota, described as follows:
Tract A, Registered Land Survey No. 129
together with all hereditaments and appurtenances belonging thereto, subject to all easements, covenants
and restrictions of record.
Seller certifies that Seller is not aware of any wells on the above described real property.
Total consideration for this transfer is less
Deed Tax of $
paid on 2 • i (Date)
Conservation Fee Paid
Kaaren Lewis
Carver County Recorder
RETURN TO: ®�A
Comm SrtX`t, Sit # 1300
20105 •
3&1 MlnneaPolls, MN 55402 6
�
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
s�
The foregoing was acknowledged before me this day of t 018, by Richard
�aMettry, Managing Member of J&R Chanhassen, LLC,. a limited liability ccoompahy under the laws of
e State of Minnesota, on behFRthe com
IFt r a BF T I,! GERSTEIN TIMM
NO':�f'YPOUC-MiNNESOTA 7Ota UbI1C
ky Cu--m E:,.r . Jxi. 31, 2020
THIS INSTRUMENT WAS DRAFTED BY
GERSTEIN-TIMM, PLLC
100 Prairie Center Drive, Suite 210
Eden Prairie, MT 55344
Tax Statements for the Real Property Described
in this Instrument should be sent to:
City of Chanhassen
7700 Market Boulevard, P.O. Box 147
Chanhassen, MN 55317
Document No. T205693
OFFICE OF THE REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Filed on -February 28, 2018 9:55 AM
Cert # 39519 Fee: $46.00
1111101111111111 Regstrar of205893Titles
05
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AMENDED AND RESTATED
CONDITIONAL USE PERMIT #2015-19
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an amended and restated conditional use permit for the following use which amends
Conditional Use Permit #2015-19 dated August 10, 2015, and recorded on June 27, 2016 as Torrens
Document No. T199468 ("Existing Permit"):
For the LaMettry Collision & Glass to develop within the Bluff Creek
Overlay District and to permit two principal structures on one parcel.
2. Property. This amended and restated permit is to correct the erroneous legal
description of the property that was described in the Existing Permit. The correct legal description
of the property is: Tract B and Tract C, Registered Land Survey No. 129, Carver County,
Minnesota.
3. Conditions. The Existing Permit, and the conditions contained therein, shall remain
in full force and effect.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of the Existing Permit. The City may institute any proper action
or proceeding at law or at equity to prevent violations of the within property, to restrain or abate
violations of the within permit, or to prevent use or occupancy of the Subject Property.
5. Criminal Penalty. Violation of the tenYns of this Amended and Restated
Conditional Use Permit is a criminal misdemeanor.
196574v1
RETURN TO:
Commercial Partners Title
I Ln 200 S. Sixth Street Minneapolis, MN 0 55402 0
� Qi /
Dated: Z 1 2019.
CITY OF CHANHASSEN
By d44�
Denn Laufenb rger, MaycY
And
T�4/A-
odd Gerhardt, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
st
The foregoing instrument was acknowledged before me this Z( day of
F030V,QAf -j , 2018, by Denny Laufenburger and by Todd Gerhardt, respectively the
Mayor and 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.
JENNIFER ANN POTTER
µNotary
DRAFTED BY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
196574vl
Document No. T205694
OFFICE OF THE REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Filed on -February 28, 2018 9:55 AM
Cert # 39519
iiimimmmui
205694
AMENDMENT
TO
SITE PLAN AGREEMENT #2015-19
LA.METTRY'S COLLISION & GLASS
Fee: $46.00
Kaaren Lewis
Registrar of Titles
THIS AMENDMENT TO SITE PLAN AGREEMENT ("Amendment") is made this
t2 day of 1' �, 2018, by and between the CITY OF CHANHASSEN, a Minnesota
municipal corporation ("City"), and J & R CHANHASSEN, LLC, a Minnesota limited liability
company (the "Developer").
1. The City and Developer previously entered into a Site Plan Agreement dated
August 10, 2015 and filed of record on June 27, 2016 with the Carver County Registrar as
Document No. T 199469 ("Site Plan").
2. The legal description on Exhibit B of the Site Plan was erroneously described.
This Amendment to Site Plan Agreement is to correct the legal description on the Site Plan. The
correct legal description is legally described as follows:
Tract B and Tract C, Registered Land Survey No. 129, Carver County, Minnesota.
3. Except as herein amended, the Site Plan Agreement shall remain in full force and
effect.
RETURN e
Commercial Parthtners Title R
1 200 S. Sixth Street * 1300
196572vl 5_L 7 Minneapolis, MN 55402 1532, D
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed this
day of klorKvA, 12018.
CITY:
CITY OF CHANHASSEN
By:
Denny-Z'M"�7enbur r, Mayo
And Z
/odderhard, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this ZC day of ,
2018, by Denny Laufenburger and by Todd Gerhardt, respectively the Mayor and City Nfanager of the
City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
If
JE=ANNNotary licNMy
196572,1
STATE OF MINNESOTA )
:Ss
COUNTY OF )
The foregoing instrument was acknowledged before me this l�day of 1,
2018, by Richard LaMettry, the Managing Member of J & R Chanhassen LLC, a Minnesota
limited liability company, on behalf of the e '
otary Public ,
Ccm
�=61�ftBMS'rEIN TIMM
IC.M04E50TA
.QN% Jan 31, 2020
THIS INSTRUMENT WAS DRAFTED BY:
CA MPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP
Document No. T205695
OFFICE OF THE REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Filed on-Febriary 28, 2018 9:55 AM
Cert # 39519 Fee: $46.00
11111111111111111 Registar] Lewis
of Titles
205695
(Reserved for recording)
GRANT OF PERMANENT EASEMENT
FOR DRAINAGE AND UTILITY PURPOSES
J & R Chanhassen, LLC, a Minnesota limited liability company ("Grantor"), in
consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
CNANRASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the
"City", its successors and assigns, forever, a permanent easement for public drainage and utility
purposes over, on, across, under and through the land situated in the County of Carver, State of
Minnesota, legally described on the attached Exhibit "A" and depicted on the attached Exhibit `B"
(the "Easement Property").
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the Easement Property at all reasonable times to construct, reconstruct, inspect, repair, and
maintain said public drainage and utility systems over, across, on, under, and through the easement
premises, together with the right to grade, level, fill, drain, pave, and excavate the Easement
Property, and the further right to remove trees, bushes, undergrowth, and other obstructions
interfering with the location, construction, and maintenance of said public drainage and utility
systems.
The above -named Grantor, for itself, its successors and assigns, does covenant with the City,
its successors and assigns, that it is well seized in fee title of the Easement Property; that it has the
sole right to grant and convey the easement to the City; that there are no unrecorded interests in the
Easement Property; and it will indemnify and hold the City harmless for any breach of the foregoing
covenants. A A
RETURN TO:
j Commercial Partners Title I,,p
19657]vl 200 S. Sixth Street #1300 �' 210
p Q f7 Minneapolis, MN 55402
IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this (off
day of 12018.
GRANTOR:
STATE OF MINNESOTA )
:ss
COUNTY OF N `r►ntp;nl )
o�
The foregoing instrument was acknowledged before me this 2! day of
2018, by Richard LaMet", the Managing of J & R Chanhassen LLC, a Minn ose a
limited liability company, on behalf of the en 'ty,
cj*otary Public
BETH GERSTEIN TIMM
+.'• ;'$' N^ , �Y FiiC • IAi!I'SOTA
r� �~ MY C.OM,Mir E#13 JOA 31, 2020
qW
THIS INSTRUMENT WAS DRAFTED BY:
CAMP13ELL KNUISON
Professional Association
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP
196571vI
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
A drainage and utility easement lying over, under, and across the East 63 feet of Tract B and the
East 53 feet of Tract C, Registered Land Survey No. 129, Carver County, Minnesota.
196571vI
EXHIBIT "B"
TO
GRANT OF PERMANENT EASEMENT
DRAINAGE AND UTILITY EASEMENT EXHIBIT
FOR J & R PROPERTIES, LLC
Tot EAST W FEl1 a MACr 5 " fli RAn a PW OP TO.C7 C. RtQTnMV LAW K WT %PW Olk .
C#AVW Cowry, MW"74.
J
196571v1
Koo
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/
COMMERCIAL PARTNERS TITLE LLC
ATTN: DEB SIBBET
200 S 6TH STREET #1300
MINNEAPOLIS MN 55402
Document* T 205690
Instrument: RESOLUTION
Services:
ASSURANCE FUND
RECORDER TECHNOLOGY FUND
STATE TREASURY GEN'L FUND
GENERALTORRENS
Transaction Total
Document#: T205691
Instrument: REGISTERED LAND SURVEY
Services:
ASSURANCE FUND
RECORDER TECHNOLOGY FUND
STATE TREASURY GEN'L FUND
GENERAL TORRENS;
Transaction Total
Document #: T 205692
Instrument: WARRANTY DEED
Services:
RESIDUE CERT
ASSURANCE FUND
RECORDER TECHNOLOGY FUND
STATE TREASURY GEN'L FUND
GENERAL TORRENS
DEED TAX
CONSERVATION FEE
Transaction Total
Document #: T 205693
Instrument: PERMIT (SEE DOC)
Services:
ASSURANCE FUND
RECORDER TECHNOLOGY FUND
STATE TREASURY GEN'L FUND
GENERAL TORRENS
RECEIPT 3��g
Kaaren Lewis
County Recorder
Govt Ctr, Admin Bldg
600 East 4th Str
Chaska, MN 55318
952-361-1930
Receipt M RT 201800000434
Issued Date: 02/28/2018
Account #: 413
Recorded Date: 2/28/18 9:55:OOAM
1.50
10.00
10.50
24.00
46.00
Recorded Date: 2/28/18 9:55:OOAM
1.50
10.00
10.50
34.00
56.00
Recorded Date: 2128/18 9:55:OOAM
40.00
1.50
10.00
10.50
24.00
1.65
5.00
92.65
Recorded Date: 2/28/18 9:55:OOAM
1.50
10.00
10.50
24.00
RECEIPT
Kaaren Lewis
County Recorder
Govt Ctr, Admin Bldg
600 East 4th Str
Chaska, MN 55318
952-361-1930
Transaction Total 46.00
Document #: T 205694
Recorded Date: 2/28/18 9:55:OOAM
Instrument: AGREEMENT (SEE DOC)
Services:
ASSURANCE FUND
1.50
RECORDER TECHNOLOGY FUND
10.00
STATE TREASURY GEN'L FUND
10.50
GENERAL TORRENS
24.00
Transaction Total
46.00
Document #: T 205695
Recorded Date: 2/28/18 9:55:OOAM
Instrument: EASEMENT
Services:
ASSURANCE FUND
1.50
RECORDER TECHNOLOGY FUND
10.00
STATE TREASURY GEN'L FUND
10.50
GENERAL TORRENS
24.00
Transaction Total
46.00
Document #: T 205696
Recorded Date: 2128/18 9:55:OOAM
Instrument MORTGAGE
Services:
ASSURANCE FUND
1.50
RECORDER TECHNOLOGY FUND
10.00
STATE TREASURY GEN'L FUND
10.50
GENERAL TORRENS
24,00
CONSERVATION FEE
5.00
MORTGAGE REGISTRATION TAX
5,648.80
Transaction Total
5,699.80
Total Amount this Receipt 6,032.45
Payment Method CHECK
22261
1.65
CHECK
22262
5,648.80
CHECK
36620
322.00
CHECK
36621
10.00
CHECK
15389
50.00
Planning Commission — January 16, 2018
Aanenson: Yeah.
Generous: So it would be the final determination if it's appealed.
Aller: So it would move forward.
Aanenson: No, it's final unless it's appealed. Yes. 75 percent of those in attendance.
Aller: Oh that's right. We only have 4 people here.
Aanenson: You only have 4 people tonight so.
Aller: So the motion carries and we move onto item 2. Thank you so much. And these items
will be for public hearings.
PUBLIC HEARING:
1651 MOTORPLEX COURT — REGISTERED LAND SURVEY (SUBDIVISIONI.
Generous: Thank you Chairman Aller, commissioners. As you stated this is a public hearing to
review a registered land survey and an amendment to a conditional use permit. The property's
located at 1651 Motorplex Court. Additionally there's a second building on the south side that's
1650 Motorplex Court as part of, it was approved previously with the conditional use permit and
site plan review. This item will go to the City Council on February 12, 2018. The applicant is
J&R Properties Limited Liability Company. Mr. LaMettry is the owner of that and he's here
tonight. Again this is 1651 Motorplex Court. It's a unique property. It was, there were two
properties as a part of the Motorplex development and as the Motorplex expanded over time it
took pieces of this parcel away from it. When the LaMettry's came in for site plan review, as a
condition of approval he was to dedicate the land with the Bluff Creek corridor on the back side.
There's a wetland complex to the City. When he tried to record that deed transferring the
property to the City of Chanhassen Carver County said no, they wouldn't accept it. We were
going to do a lot line adjustment and attach it to land that the City currently owns west of this
parcel and told the owner that he would need to do a registered land survey to clean up all the
exceptions from the descriptions. If you look at the registered land survey it's a whole page of
metes and bounds descriptions which is pretty confusing. This property is zoned industrial office
park. It's 24 acres in size. There are two building sites with existing buildings on the east side
of this property right off Audubon and Motorplex Court which is a private street providing
access to those buildings as well as to Audubon Motorplex. The registered land survey would
create 3 tracts. Tract A is the property that contains the wetlands and the Bluff Creek primary
zone on the west side. And then Tracts B and C on the east side contained two buildings that the
applicant has constructed on there. Those two lots both meet the, exceed the minimum
requirements of the IOP district. Staff is recommending approval of the registered land survey
subject to the two conditions that they dedicate the land and that they memorialize the easement
Planning Commission —January 16, 2018
to the property. Through their property for, in favor of Tract A. In reviewing the amendment to
the PUD it was only due to the subdivision of the property that they had to change that. Our
ordinance specifies that if you subdivide or change the lot line the CUP is, will be voided so he
needed to amend it. The only reason he did the subdivision is because he couldn't transfer the
land to the property. The only portion of the site that's within the Bluff Creek primary zone is
actually Tract A so with the new PUD that would be, or new CUP that will be recorded against
Tract A only and the rest of it would be eliminated. Additionally the initial conditional use
permit was to permit multiple buildings. Two buildings on one lot. Well with this registered
land survey that part goes away and so each of them have individual buildings on individual lots.
The applicant is dedicating Tract A to the City in fulfillment of the original conditional use
permit and also as a condition of this conditional use permit so we are recommending approval
of the CUP amendment. Again they try, the reason they're here is they tried to meet conditions
that were imposed on them back in 2015. Carver County wouldn't let them record that deed.
Because they have to subdivide the CUP has to be amended and so we're recommending
approval of this whole thing so that we can get it finalized. With that I'd be happy to answer any
questions.
Aller: What did you say? Actually the report sets it out quite nicely and so does your
explanation so a convoluted way of getting there but it looks like we will get there so any
questions of staff at this point based on the report or the presentation? Okay, if the applicant
could come forward. Welcome sir. State your name and address for the record and...
Richard LaMettry: Richard LaMettry and I'm from Naples, Florida.
Tietz: What are you doing up here?
Richard LaMettry: This.
Allen. He heard we had some warm weather today.
Richard LaMettry: Yeah. So I mean it pretty much says, it's just for the benefit of recording or
transferring that wetlands to the City.
Aller: Any questions of the applicant? Thank you sir for going through the process. This does
require a public hearing so I'll open up the public hearing for comment. Any individual wishing
to speak either for or against this item can do so at this time. Opportunity to come forward.
Seeing no one come forward I will close the public hearing. Open it up for discussion or action.
Or comments. I think it's pretty straight forward.
Randall: Pretty straight forward yeah.
Alley: I'll entertain any motions that one of the commissioners would like to make at this time.
7
L
Planning Commission — January 16, 2018
Madsen: I can make a motion.
Alley: Commissioner Madsen.
Madsen: The Chanhassen Planning Commission recommends approval of the amendment to the
Conditional Use Permit and the Registered Land Survey and approves the Findings of Fact and
Recommendation.
Aller: I have a motion. Do I have a second?
Randall: Second.
Tietz: Second.
Aller: Having a valid motion and second, any further discussion?
Madsen moved, Randall seconded that the Chanhassen Planning Commission recommends
approval of the amendment to the Conditional Use Permit (#2015-19) for development
within the Bluff Creek Corridor and the Registered Land Survey creating three parcels,
subject to the following conditions of approval and adopts the Findings of Fact and
Recommendation:
Conditional Use Permit:
Development must comply with the Bluff Creek Corridor regulations.
2. Tract A shall be dedicated to the City.
Subdivision:
1. Provide the City of Chanhassen with a copy of the current access and maintenance
agreement for Motorplex Court.
2. Access to Tract A shall be included as part of the current access and maintenance
agreement for Motorplex Court.
3. Identify and provide a Drainage and Utility easement over the publicly owned piping on
the site.
4. Dedicate Tract A to the City of Chanhassen.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
8
Planning Commission — January 16, 2018
Aller: Motion carries unanimously. Thank you again sir.
Richard LaMettry: Nothing to it.
PUBLIC HEARING:
7700 QUATTRO DRIVE — CONDITIONAL USE PERMIT AMENDMENT TO EXTEND
COMMUNICATION TOWER.
Generous: Thank you Chairman and commissioners. Again this is an amendment to an existing
conditional use permit. They were approved for a 75 foot tower. As a condition of approval
they were required to construct it so that it could be extended in the future to accommodate
another set of antennas. However it was too short. Again this is a public hearing. This will go
to City Council on February 121. The applicant is Crown Castle Services and the property
owner if Marilyn Beddor. This property is located at 7700 Quattro Drive. That's actually in
Hennepin County. It's just north of Highway 5 and east of Dell Road. There's an existing cell
tower in the back yard and the property is zoned industrial office park. It's over 2 acres in size.
The location of the tower meets all our zoning requirements. Again the existing tower and
equipment are behind the building, the northerly building on the site so they're not visible from
the public right-of-way. They would be adding 15.2 feet to the height of the tower and an
additional 3 feet on top of that for a lightning rod. They will be putting in additional equipment
platform on the rear and then they're going to enclose that with a fence system.
(Due to technical difficulties a portion of the staff report and the applicant's presentation
were not recorded.)
Richard Krueger: ... so yeah this is definitely no, yeah.
Tietz: Taken into consideration.
Richard Krueger: Absolutely yeah.
Tietz: That was the only thing I was concerned with. With an aging, for an 18 year old structure
and.
Richard Krueger: Right, yeah they'll do welding and there's welding standards and stuff like
that on the flange plate and all that kind of stuff so yeah. It's, if it were to fail it would be very
bad for the company and the public and you don't hear about cell towers falling over for that
reason. It's very safe so. Yeah there'll be, an act of God would have to happen basically. A 100
year flood down in Texas or something like that so yeah there's a lot of testing that goes along
with that.
Tietz: Good, thanks.
6
CITY OF C HANHA'a'aE N 19
Chanhassen is a Community for Life- PmvidingforToday and PlanningforTomorrow
February 13, 2018
Mr. Rick LaMettry
J & R Properties, LLC
17870 Breezy Point Road
Wayzata, MN 55391
Re: Planning Case #2018-05
Dear Mr. LaMettry,
This letter is to confirm that on February 12, 2018, the Chanhassen City Council approved the
Registered Land Survey creating three parcels, and the amended Conditional Use Permit for
development in the Bluff Creek Corridor subject to the following conditions:
Conditional Use Permit:
1. Development must comply with the Bluff Creek Corridor regulations.
2. Tract A, Registered Land Survey containing the Bluff Creek Overlay District shall be
dedicated to the city.
Subdivision:
1. Provide the City of Chanhassen with a copy of the current access and maintenance
agreement for Motorplex Court.
2. Access to Tract A shall be included as part of the current access and maintenance
agreement for Motorplex Court.
3. Identify and provide a Drainage and Utility easement over the publicly owned piping on
the site.
4. Dedicate Tract A to the City of Chanhassen.
A warranty deed shall be prepared, executed and submitted to the City of Chanhassen to transfer
Tract A to City ownership. Your engineer/surveyor should be able to prepare the legal
description for the drainage and utility easement for inclusion in the easement document. Once
this document is drafted, you will need to execute it and return it to the City for recording with
the Registered Land Survey.
Please submit a copy of the access and maintenance agreement for Motorplex Court to the City.
SCANNED
PH 952.227.1100 - wwwAchanhassen.mn.us • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Mr. Rick LaMettry
Motorplex Court - Planning Case #2018-05
February 13, 2018
Page 2 of 2
Two signed mylar copies of the Register Land Survey shall be submitted to our office for
signatures. One 1 "=200' scale mylar reduction of the Registered Land Survey, three 1 "=200'
scale paper reductions of the Registered Land Survey and one 1 "=200' scale paper reduction of
the Registered Land Survey with just street names and Tract numbers shall be submitted. In
addition, a digital copy in .dxf format and a digital copy in .tif format (pdf compatible) in Carver
County coordinates of the Registered Land Survey shall be submitted. A recent copy of the title
commitment shall be provided. All current year taxes must be paid in full and any delinquent
property taxes or green acres tax must also be paid.
Should you have any questions, please contact me at (952) 227-1131 or by email at
b generousnci.chanhassen.mn.us.
Sincere
Robert Generous, AICP
Senior Planner
ec: Kate Aanenson, Community Development Director
Jessica Archer, Building Official
George Bender, Assistant City Engineer
Todd Gerhardt, City Manager
Vanessa Strong, Water Resources Coordinator
Eric Lindgren, PLS, Landform, Inc.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: February 12, 2018 RESOLUTION NO: 2018-15
MOTION BY: McDonald SECONDED BY: Ryan
A RESOLUTION APPROVING A REGISTERED LAND SURVEY
FOR J & R PROPERTIES, LLC
WHEREAS, J & R Properties, LLC have requested a subdivision of the property
described on the attached Exhibit A into three lots; and
WHEREAS, the Chanhassen Planning Commission held a hearing on January 16, 2018,
and found the plan consistent with the Chanhassen Comprehensive Plan and Zoning ordinance;
and
WHEREAS, the need for the Registered Land Survey is so that the property owner may
convey a parcel to the City of Chanhassen.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
approves the Registered Land Survey, Carver County, Minnesota, subject to the following
conditions:
1. Provide the City of Chanhassen with a copy of the current access and maintenance agreement
for Motorplex Court.
2. Access to Tract A shall be included as part of the current access and maintenance agreement
for Motorplex Court.
3. Identify and provide a Drainage and Utility easement over the publicly owned piping on the
site.
4. Dedicate Tract A to the City of Chanhassen.
Passed and adopted by the Chanhassen City Council this 12a' day February of 2018.
ATTEST:
Todd Gerhardt, City Clerk/Manager
YES NO
Laufenburger
McDonald
Campion
Ryan
zo,
Denny Lau burger, ayor
ABSENT
Tjornhom
Exhibit A
That part of the Southeast Quarter of Section 15, Township 116 North, Range 23 West of the 5th
Principal Meridian described as:
Beginning at the northeast corner of said Southeast Quarter; thence on an assumed bearing of
North 89 degrees 00 minutes 25 seconds West along the North line of said Southeast Quarter a
distance of 2614.22 feet to the northwest corner of said Southeast Quarter; thence South 0
degrees 59 minutes 45 seconds East along the west line of said Southeast Quarter a distance of
1766.11 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 669.01 feet;
thence South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence
northeasterly along a non -tangential curve concave to the northwest having a radius of 1859.86
feet; a chord bearing of North 49 degrees 43 minutes 26 seconds East a distance of 394.93 feet;
thence North 56 degrees 57 minutes 24 seconds East, not tangent to last described curve a
distance of 323.97 feet; thence South 35 degrees 03 minutes 24 seconds West a distance of 22.98
feet; thence southwesterly 120.34 feet along a tangential curve to the right having a radius of
1959.86 feet; thence North 56 degrees 57 minutes 24 seconds East not tangent to last described
curve a distance of 1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a distance
of 12.50 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to
the east line of said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of
72.51 feet along the east line of said Section 15 to the point of beginning, according to the
Government Survey thereof. Subject to easement for Audubon Road (formerly known as County
State Aid Highway No. 17).
And
That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116 North, Range
23 West of the 5th Principal Meridian described as:
Beginning at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence on
an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the south line of said
Southeast Quarter of the Northeast Quarter a distance of 747.57 feet; thence North 35 degrees 03
minutes 24 seconds East a distance of 1.50 feet; thence northeasterly 1042.48 feet along a
tangential curve to the right having a radius of 2814.79 feet to the east line of said Southeast
Quarter of the Northeast Quarter; thence South 0 degrees 24 minutes 06 seconds East along the
east line of said Southeast Quarter of the Northeast Quarter a distance of 738.57 feet to the point
of beginning, according to Government Survey thereof. Subject to easement for Audubon Road,
(formerly known as County State Aid Highway No. 17).
Excepting therefrom the following seven parcels:
That part which lies Westerly of Bluff Creek, the centerline of said creek described as follows:
Commencing at the Northwest corner of the Southeast Quarter of Section 15, Township 116
North, Range 23 West of the 5th Principal Meridian; thence on an assumed bearing of South
89 degrees 00 minutes 25 seconds East, along the North line of said Southeast Quarter, a
distance of 718.45 feet to the point of beginning of the centerline to be described; thence
South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet; thence South 12
degrees 17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees 42
minutes 32 seconds East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 36
seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East,
a distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a distance of
71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a distance of 513.32 feet;
thence South 01 degree 27 minutes 58 seconds East, a distance of 148.78 feet; thence South
08 degrees 14 minutes 13 seconds West, a distance of 114.78 feet; thence South 30 degrees
49 minutes 36 seconds West, a distance of 256.50 feet; thence South 30 degrees 12 minutes
30 seconds West, a distance of 95.70 feet; thence South 22 degrees 09 minutes 40 seconds
East, a distance of 29.71 feet; thence South 10 degrees 54 minutes 04 seconds West, a
distance of 55.44 feet; thence South 14 degrees 39 minutes 10 seconds East, a distance of
15.14 feet; thence South 22 degrees 30 minutes 14 seconds West, a distance of 33.54 feet;
thence South 08 degrees 36 minutes 50 seconds West, a distance of 40.11 feet; thence South
10 degrees 58 minutes 44 seconds West, a distance of 16.30 feet; thence South 15 degrees
39 minutes 39 seconds East, a distance of 16.38 feet; thence South 06 degrees 00 minutes 17
seconds East, a distance of 33.74 feet; thence South 33 degrees 58 minutes 55 seconds East
a distance of 3.27 feet to a point on the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad, said point distance 586.57 feet Northeasterly of the Southwest corner of the above
described property, as measured along said Northerly Railroad line, and said line there
terminating.
And
Commence at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes 16
seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet to the point of beginning of the land to be
described; thence continuing along the southerly boundary of the above described land and the
Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56 degrees 57 minutes 24
seconds West 87.11 feet; thence continuing along the Southerly boundary of the above described
land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 33 degrees 02
minutes 36 seconds East, 12.50 feet; thence continuing along the southerly boundary of the above
described land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56
degrees 57 minutes 24 seconds West, 599.76 feet; thence North 33 degrees 26 minutes 11
seconds West, 321.63 feet; thence North 80 degrees 28 minutes 28 seconds East, 278.78 feet;
thence North 56 degrees 52 minutes 50 seconds East 127.97 feet; thence North 33 degrees 07
minutes 10 seconds West, 18.00 feet; thence North 56 degrees 52 minutes 50 seconds East,
54.74 feet; thence North 33 degrees 33 minutes 56 seconds West, 226.92 feet; thence North 38
degrees 47 minutes 48 seconds East, 261.06 feet; thence South 33 degrees 33 minutes 56
seconds East 524.43 feet to the point of beginning.
And
Commence at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes 16
seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet; thence North 33 degrees 33 minutes 56
seconds West, 294.21 feet to the point of beginning of the land to be described; thence continuing
North 33 degrees 33 minutes 56 seconds West, 230.22 feet; thence South 38 degrees 47 minutes
48 seconds West, 261.06 feet; thence South 33 degrees 33 minutes 56 seconds East, 226.92 feet;
thence South 56 degrees 52 minutes 50 seconds West, 54.74 feet; thence South 33 degrees 07
minutes 10 seconds East, 18.00 feet; thence South 56 degrees 52 minutes 50 seconds West,
127.97 feet; thence South 80 degrees 28 minutes 28 seconds West, 278.78 feet; thence North 30
degrees 36 minutes 51 seconds East, 140.86 feet; thence North 04 degrees 41 minutes 43
seconds East, 150.59 feet; thence North 69 degrees 18 minutes 05 seconds East, 190.05 feet;
thence North 42 degrees 40 minutes 05 seconds East, 116.79 feet to a point on the north line of
said Southeast Quarter of Section 15, distant of 747.57 feet west from said East Quarter corner of
said Section 15; thence North 35 degrees 03 minutes 24 seconds East, 1.50 feet; thence
northeasterly on a tangential curve, concave to the Southeast, 305.62 feet, said curve has a radius
of 2814.79 feet a central angle of 06 degrees 13 minutes 15 seconds and a chord of 305.47 feet
which bears North 38 degrees 10 minutes 02 seconds East; thence South 33 degrees 33 minutes
56 seconds East, 282.54 feet; thence South 56 degrees 26 minutes 04 seconds West, 124.00 feet
to the point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes
16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 275.41 feet to the point of beginning of the land to be
described; thence continuing on the southerly boundary of the above described land and the
Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56 degrees 57 minutes 24
seconds West, 134.01 feet; thence North 33 degrees 33 minutes 56 seconds West, 294.21 feet;
thence North 56 degrees 26 minutes 04 seconds East, 192.06 feet; South 33 degrees 33 minutes
56 seconds East, 214.00 feet; thence South 56 degrees 26 minutes 04 seconds West, 58.06 feet;
thence South 33 degrees 33 minutes 56 seconds East, 81.43 feet to the point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes
16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet; thence North 33 degrees 33 minutes 56
seconds West, 294.21 feet; thence North 56 degrees 26 minutes 04 seconds East, 124.00 feet to
the point of beginning; thence continuing North 56 degrees 26 minutes 04 seconds East, 68.06
feet; thence South 33 degrees 33 minutes 56 seconds East, 69.56 feet; thence North 04 degrees
06 minutes 22 seconds East, 85.61 feet; thence North 40 degrees 40 minutes 24 seconds East,
14.92 feet; thence North 33 degrees 33 minutes 56 seconds West, 313.24 feet; thence
southwesterly on a non -tangential curve, concave to the southeast, 138.73 feet, said curve has a
radius of 2814.79 feet, a central angle of 02 degrees 49 minutes 26 seconds and a chord of
138.71 feet which bears South 42 degrees 41 minutes 22 seconds West to the intersection with a
line bearing North 33 degrees 33 minutes 55 seconds West from the point of beginning; thence
South 33 degrees 33 minutes 55 seconds East, 282.54 feet along the last described line to the
point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes
16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 409.42 feet; thence North 33 degrees 33 minutes 56
seconds West, 294.21 feet; thence North 56 degrees 26 minutes 04 seconds East, 192.06 feet;
thence South 33 degrees 33 minutes 56 seconds East, 69.56 feet; thence North 04 degrees 06
minutes 22 seconds East, 85.61 feet; thence North 40 degrees 40 minutes 24 seconds East, 14.92
feet to the point of beginning; thence continuing North 40 degrees 40 minutes 24 seconds East,
148.05 feet; North 33 degrees 33 minutes 56 seconds West, 300.35 feet; thence southwesterly on
a non -tangential curve, concave to the Southeast, 145.09 feet, said curve has a radius of 2814.79
feet, a central angle of 02 degrees 57 minutes 12 seconds and a chord of 145.07 feet which bears
South 45 degrees 34 minutes 41 seconds West to the intersection with a line bearing North 33
degrees 33 minutes 56 seconds West from the point of beginning; thence South 33 degrees 33
minutes 56 seconds East, 313.24 feet along the last described line to the point of beginning.
And
Commencing at the East Quarter corner of said Section 15; thence South 00 degrees 44 minutes
16 seconds East, assumed bearing on the east line of said Southeast Quarter of Section 15, a
distance of 71.55 feet to the southerly boundary of the above described land and the Northerly line
of the Milwaukee, St. Paul and Pacific Railroad; thence South 56 degrees 57 minutes 24 seconds
West, on the southerly boundary of the above described land and the Northerly line of the
Milwaukee, St. Paul and Pacific Railroad, 496.53 feet; thence continuing on the southerly boundary
of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad,
South 33 degrees 02 minutes 36 seconds East, 12.50 feet; thence continuing on the southerly
boundary of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad, South 56 degrees 57 minutes 24 seconds West, 599.76 feet to the point of beginning of
the land to be described; thence continuing on the southerly boundary of the above described land
and the Northerly line of the Milwaukee, St. Paul and Pacific Railroad, South 56 degrees 57
minutes 24 seconds West, 719.50 feet to a point of cusp; thence continuing on the southerly
boundary of the above described land and the Northerly line of the Milwaukee, St. Paul and Pacific
Railroad on a non -tangential curve concave to the northwest, 120.34 feet, said curve has a radius
of 1959.86 feet, a central angle of 03 degrees 31 minutes 05 seconds and a chord of 120.32 feet
which bears North 36 degrees 48 minutes 57 seconds East; thence North 35 degrees 03 minutes
24 seconds East, tangent to the last curve, 22.98 feet; thence South 56 degrees 57 minutes 24
seconds West, 27.39 feet; thence North 33 degrees 02 minutes 36 seconds West, 141.43 feet;
thence North 42 degrees 07 minutes 35 seconds East, 236.51 feet; thence North 54 degrees 19
minutes 50 seconds East, 265.99 feet; thence North 30 degrees 36 minutes 51 seconds East,
129.50 feet to the intersection with a line bearing North 33 degrees 26 minutes 11 seconds West
from the point of beginning; thence South 33 degrees 26 minutes 11 seconds East, 321.63 feet to
the point of beginning.