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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 ,�c,�erFO G`` 10a` 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 .T."T "0— QDOC. NQ � MCI A T ' J\� 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 0 0 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 2 0 i 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 3 Exhibit A wow wr r wr«ww r•{• w• r•.rrw• d Yrwr pMWw CMrr •m, I •rw•r•• M I•Iriurry «•W Y rw•r+Y r Ir C•uM r Crwr. 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Ttr • • •rr N •••I, Mw•rrr/r « M trw.« Yrw«n N r ••w• rrrW Yr w r rr•rr4 ar r •. wr rr hr•r Mrr r • •rr•wfrwN .ores •wr r wtw r trf r rl. • •rr .cry. .I q wrm.vr•r m r • Mt r +N.I] v rr• •••n ra•rlw N ••r••• w r•r• /1 r•r [r. fr•n• rrw• s Mw• m wwwr !• •.wt•!r, rrrl I•M .ru• !1 N rr. ww• fww r Wr fl wrrr N •rr•• Mr v Wrw q www• N wrr• MN t q rr, r Mi ]•yrOl rwrwNrw«lw.iM [+Ir:llws wMr t•rdrbrrlr.] Mw/•r•«Y • •rr,« [w r • • •cry Irw wi I~«rw n wnrur•• r t •r,rr« rrl rwwr M!•r r ••y�Ny. rMr M v r ]l rrrr .carer. vtnrr 1. w•rrl r•rrwrlN N r. O R M rr•r rr r.r is 'f �a 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 I., ", -'MY In ­­M ­0 ... 1 of 1.1- IS Townwn I IS Nurtn. N-1. IJ wol -d S.1 ... I Q..".. I—— 5-1h 0 • 59 45 E I-: IT :I ­Z11'"."' I MI I.I-.- SH'... 1. EXCEPTING TNkREFROMIh. 1-.0 ­.. pl-MI TX:. .I -.I I .. .... C-1 Wbw C. N.1-1 ...... .. TawnHlp IS' I 14 .,1 11 14 1... '1 d 111. I»I 111— ­Ih d. I... IT 4. E.N 111..' 111::�: 11.' .0 dl:::::: 40 40 M. 14 '..I � �4 �I Ge Bear».4 n n111 sawn III d..,-. IS 1. W1. X-111. I... M III H) nee E XXN­. X 1111 W­ 11 .4 Ill. .11 11 ,m : = m•a.011 111 - I 7, " ....... IS rrunw.. 56 =bH .1 Ih. REGISTERED LAND SURVEY NO. -­­: III - 1...W 1 C.-I .1 - -1.. 11 1—— I­h I,,... 14 1**,,, 11, E.11 .1.. .1 SI ... • .... . -4.1 R..,..d -•.I 1..' 1. • =d Z'11:1*1 h."'I" I P.. I P. I I d, X. I I Ill I .. 11 ­. .. 11 ­­ ...I I I­ _z, _d. M_.... 5, P.M P _I 02 16 X�dw Non I*,, N- Md-- 11 1111 111 1111, Z�h IT 1. .­­ I I ... S . . . IXX 1. ­d. ­1 11. 1. 1- 11.1.. ­Ih 1. 11 Ih- IS S'. 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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 FROM ILLEGRMAT'E USE. I N9labi OWHY Sal SW Im a FUv4WI Nat II IvI a d was Pend d by older Illy r9arlAFiun and I1a11 am a Ay LkalwO Unit Surveyor 5_�`R,,\ 1N11dY Ile dOH dMWrmsota. Dwd NFF Dry d 2015. \`JJ �� � LEAS �� 'a ="9� F� SAT R E-AY E RAT Q U I ST, INC. TWPA 16 - RGE23 - SEC.15 Certificate Of Survey For Richard d Lamettry FIE NO. A�'T0-00 ALL CARVER COUNTY DRAWNBY BOOK )0(XiPAGE Hoof Chanhassen, M I N N ESOTA DBP CHECKED BY w - ;Ea 5 H 150SOUTHBROADWAr WAYLATA AW 53387 c>.TBaooD We +? D� rnnau David B. Pwrb~. PLS MYFIssola I-wi me No- 40344 aaam.Dv.m.alr..>.., 1v rv1v B 0 Q Q r O 2• 1 � \ I N • v IF ALL ` _LI t ids A 8 TC ,SIC " s. �y 1 fA3EFQN DRAIN ,. t r IT 71 NfiWOQD PER is373y. 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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 FROM ILLEGITWTE USE. `'^'`� s v ��� 3 0 i at, se.rt A a.., IHrYH I.ren.a Tr CanRHIM••IMR rne,c lr, de, r..e..rlead L,d TY/rde S'whsIQr as IS.TmNhw INwMlkRvwn.w¢Ad0c S&P fefifilride Bgi�r IN N.tn,1 mHa.. chid Saree,IOrlc erocr r rMdYri,AMRMHt aar—m rrr.b aMrat rr ItHHFee Nrb Trdr TirYrrVrrr,.iesn, of ?61lb f.rreeNrtaer,mvd.r SorArHOrMc IYraSar mNl4,aNer—Urri Fir rrF eeabdrafaMe,rQrrAilre 17M11 tt eala NeNb dry—Slaw-N r..0 Tr.trrrdfNx tR NMoe EW P Nleoar @sine %aaer Fir,ired)FA.1 M,C MneNeee—Iy Mlrfl. 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BOOK )OOUPAGE )DO( Certificate of Survey BY NDEMMFY SATHRE-SERGOUIST I IC OF ALL RESPOISBLEry Chanhassen, Prepared For 3 CHECKED DeP SATHRE-BERGQUIST. INC. RESERVES THE RIGHT TO HOLD ANY LLEGMMATE i Q 150 SOUTH BROADWAY WAYZATA. MN. 55361 (952)475.00W Richard Lamettry DATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITIMATE USE, ��cti a•' M I N N E S OTA 3 O&rXl4 PlAr I 7 / 1 I I1 01 \; eo Z/ /�/// / / ♦ O ! CAI \ \ I l r•nAll�nallA nal V Mln . v< -,\\ \ \ •{, \ t., v VaYUVIYIII.IVIYI IaI lop nV I V AtnV 1 VIAa L.Ln a�.'' f n ART a pp 04111A1 •e"�.a I ` I Elf \ vvi,Ifl .2v. L. La.l / D ELD CREW NO. BY DATE REVISIONS LOSE (INCLUDING COPYING. DISTRIBUTION, ANDADR CONVEYANCE OF ALL INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT RAWN ev SATHRE-BERGOIAST. NR1 C.'s EXPRESS wTTEN AUTHORQATIOII, USE WITHOUT DBP SAID AUTHORRATON CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY NECKED BY INDEMNIFY SATHRE-BERGOUIST. NC. OF ALL RESPONSBLITY. �P SATH RE-BERGOUIST. NC. RESERVES THE RIOHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING _�TE _ FROM ILLEGITIMATE USE. ( I1� I I l I1rp4 I� (PARK I.2-PIIP X. ROAD ' l O No a w N IMJ O O Z N p IZ i I Q - I �I I OB'E i I So DESCRMTION OF PROPERTY SURVEYED Pe, Sd,%kAe A of Ox 1wM a019TaIed Tle CamanwV) lbw Dam of b fOlbwm[ domEM Yod Ibwpm fd.sa Q_&SI_IS. Tmwhap 116 Am`. RaFc :.5. xax of cl 5l An1w1 A4+dwadmbode BBw^eM r is Nalco men dod spNloa Qaalo, Nlomr m s a®nd ba"4 of Nath M dym W m.nwo 23 aaamd' wIv ua^p da Vmh Imc of and Saa#oY QUwc • diPwz of _e1t21 feel n b NWI#aW Dora deM Swot Qurlr, there styli W dgrtea 59 mNma aS aeawW Fir YaaO N: wen IWe of acid Suuhar Olmm ♦demce 1766.11 feC Hem Nplh St dcpea 57 atiaaa> N nc0ada Br1 • Iillm[e p(MM.01 feel lrm soul! 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Nob No rmara mo.m.a p..y.ad R ww..N �mw 30 15 0 15 30 6b LEGEND SCALE N FEET SURVEY C CAST IRON MONUMENT U9 A/C UNIT I 'BITUMINOUS 0 CATCH BASIN ® CABLE TV PEDESTAL —Div— CABLE TV -a FLARED END SECTION O ELECTRIC TRANSFORMER CONCRETE CUR9 DN GATE VALVE O ELECTRIC MANHOLE CONCRETE < GUY FARE O ELECTRIC METER i -qp_ CONTOUREMSTNG TJ HYDRANT O GAS METER �-Qjjn­ CONTOUR PROPOSED O SURVEY MONUMENT SET Q GAS VALVE DT — DRAIN TILE W SURVEY MONUMENT FOND --- - GUARD RAK. —kl[— ELECTRIC 1NDERCROUND 0 SURVEY CONTROL PONT IR NAND MOLE —>—e— FENCE Q LIGHT POLE SOIL BORING — 1R —FIBER OPTIC lNOERCRO.' '"Cl, POWER POLE i TREE CONfERO.S --GAS UNDER(ROLND ® SAw TAR, MANHOLE TREE DECIDUOUS —�— OVERHEAD UTILITY Q SANITARY CLEANOUT (D TELEPHONE MANHOLE -4i-Fi-F}H--F RAILROAD TRACKS 'r SIGN M TELEPHONE PEDESTAL —>— SANITARY SERER .9113 GROUND ELEVATION TRAFFIC SIGNAL S70RM SEWER ® STORM DRAM Y UTILITY MANHOLE — Wa— TELEPHONE UIOER(AW'- STORM M CILE 13 UTILITY PEDESTAL UTUTv INa.ROFdM _ 'ARC LIGHT QY A_-- 1 WATER4 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 FAR i N-ov a5fir mat �- Wcobance wm IN Prmwn of w,-oot Stwuso Chwow s06. I .a,+ svn.,N.a ache" 9 doawAd o•ooery w IN Cw"d Carnes Stoot d SMn«otS to we TTARe P+b.1 IN .ellmA.y --4.. - TNt W. od IN Sa4NM 01twsr o1 SAetbr, 15 To-" 110 N- Raego 23 Wen a IN 501 PlvRg 41- I-i000 n SAII-9 ■ M no>•nAap cxnv 7 fad Swm..M Owrtw. Roo an en . faM119 d Noem 69 o.p.aeu 00 mc+M 25 .Ka,dA Wet! Abnq ine lie.tn - of Dab SwaY.tl 7u.rtoo a dttawJ a 261. 12 taw b tN nweAAAw Gomel d Awd So�TiM 01- I -A Sane 0 t r- So- 45 s4 l EM Abnq IM a«I .y d 4ad SanNsw C.- A ,wane. d I'M I N.l. ! 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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. 50 CM-45Q OF- 5& :/4 Cf- M, WE 1/4 a SEC 16, 2� 50 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. 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No. mane_. _ iD $ N8079'28 E 27d 10 1 ° '50 1 W lL1 �ry N wa OF WET LAw :3 a 59g N \4 \ /jor / .,09-`go-s- "° / / VICINITY MAP i . Q (\10 ' N565YE j'/ / DETAIL 27.}N9 / " o SCALE 1 1 •t 1 :72.9e 513 1 3 --,29.71 S22'09'40'E .O F ab HWY. 5) Site m : i s CITY OF CHANHASSEN. MINNESOTA SECTION 15. TOWNSHIP 116. RANGE 23 I rn r r/4 AAD M1� ( BEARNCS SHOWN ARE BASED UPON THE :=-15.14 514'39'10"E S22'30'14' w 33.54 r' 1 �P OF SEC 6 b NB917D'23•w NORTH L� OF TFE SOUTHEAST 1/4 OF SEC. 15, T. 116, R. 23 WHICH HAS AN 1 40.11 ::•%' _ / \ M1a it49.20 '°;`� ASSL1"ED BEARNC OF N89'OO'25"W. 36•`50•y1 Ds\'L�16'i. I S10'58'44•w 16_30.,_-->508• 'S / - / \ Naigp5 _w •DENOTES I/2 INCH RON PPE 110NU'7EN1 SS?A 5gB6 NAgA S15'39'39'E 16.38� •0 .,l E 9 GBs / / °y� _ i FOLXV UN-ES5 OTtERWl5E SHOWN. 1 ` }g '42'S0•E 3.16 MEAS-tea e.7, C. 3 t',% ' / / NAM1�b� O DENOTES I/2 NCH BY F{ NCH RON PPE MONA'ENT SET AID 1'W&W BY LICENSE '(S33"%55"E 3.27 DE —g1 / _ _ \ NO. 48176. • 1 / .Sslr / NORTH bbqi� / / \ • • / ---------------- 0 100 200 L A N D F O R M • • raR See to Fma, I SCALE IN FEET • • 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. 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Fu e.rrt ww a rrr w.ww. t/ rr tr Ilrrin r rrr r rtwnw.I..rr Nr a •.aW a r•.r t 1 rrr W, v1 a rr I. Mww r srrrr I d N C O R M rrrrlW 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 L A N D F O R M From Site to Finish • SHEET 1 OF 2 SHEETS REGISTERED LAND SURVEY NO. I y O O N h ho O N N I I I I I I I I I v 0 S22-30' 14 I W 33.54 I S10'58'44"W 16.30 -c- I S15'39'39"E 16.38-=; I S30-42'50"E 3.16 MEAS. , I(S33'58'55"E 3.27 DESS -- S03'14'54"W 12.34 S12-17'21"E 18.26 S86 42 32' f 18'36, 50" W 40.11 Dot rLr / 6 33 1 4 09� 0�N9 ✓ NOT TANGENT 1 / I r\ " f- rl Ll h6� N5�9 �F P vCS� N1 v E1G�SpN,y'� G �\ %0,5 0 1`b'k90'6� pi`1 cj 1.09 / ' F SEC• 15 F r \ G _,q _ 16 q I ; , .25 i /1� --' Nag '00'251 W226 QESC.) bp a yph0� OI \N� 1149.20 5.22 MEAS.---_ N / G/5'y4 3 - RIGHT OF WAY EASEMENT \� 1 ' •'^I '"`/ �� PER DOC. NO. 67762--------- G9 5 " 9A A LAS w Mry / w Sbso3 \awsn \\�O �1 p5o/�k9/ '�3 / ��7237.E, N1 5pp6 61rh °$�j/ -- as \ 14.92 116.79 N42'40'05"E / I 9 pp - '747.571 rn N502 \ lop, 0) / I, 0 1 S32'32'33"E 79.66 ` ) - N. LINE 0 THE I THE LiSE 14 pE SE 14 AND S / a 85.61 --A I N 04'06' 22"E P, -- NE CORNER OF THE SE I/4 AND - �' u SE CORNER OF SE 1/4 OF THE NE 1/4 6 AND EAST 1/4 CORNER OF W o SEC. 15, T. 116, R. 23 1 .i " A=45'38'23" ; ------ o / \°a S56'26'04"W t o N / 58.06-'--- � n� op p TRACT A / _ �SI+�ASOE \ /��. -- / az •� / 18.00 -� I N33'07'10"W N56g2 i \�i A09' �c7 blSro 3 I I 1J / N80'28'28"E 278.76 N56 1, •\O\A ti^gyp k/ � ♦ ��G� /' /' �'_,-=- I / so ti0/ A S56-57'24"W 27.39 22.98 / N35-03'24"E-' - - / ♦ ,- ` �`; \ NORTH r-\ \ • DENOTES 1/2 INCH IRON PIPE MONUMENT 0 100 260 \ FOUND. \ 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 Sbso3 \awsn \\�O �1 p5o/�k9/ '�3 / ��7237.E, N1 5pp6 61rh °$�j/ -- as \ 14.92 116.79 N42'40'05"E / I 9 pp - '747.571 rn N502 \ lop, 0) / I, 0 1 S32'32'33"E 79.66 ` ) - N. LINE 0 THE I THE LiSE 14 pE SE 14 AND S / a 85.61 --A I N 04'06' 22"E P, -- NE CORNER OF THE SE I/4 AND - �' u SE CORNER OF SE 1/4 OF THE NE 1/4 6 AND EAST 1/4 CORNER OF W o SEC. 15, T. 116, R. 23 1 .i " A=45'38'23" ; ------ o / \°a S56'26'04"W t o N / 58.06-'--- � n� op p TRACT A / _ �SI+�ASOE \ /��. -- / az •� / 18.00 -� I N33'07'10"W N56g2 i \�i A09' �c7 blSro 3 I I 1J / N80'28'28"E 278.76 N56 1, •\O\A ti^gyp k/ � ♦ ��G� /' /' �'_,-=- I / so ti0/ A S56-57'24"W 27.39 22.98 / N35-03'24"E-' - - / ♦ ,- ` �`; \ NORTH r-\ \ • DENOTES 1/2 INCH IRON PIPE MONUMENT 0 100 260 \ FOUND. \ 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 56 • VARK .,•i V'w 1 I rrrr • I I ` I•• ,`� � Z 1.. 9E C 014 OF !b V4 OF f4 �• WE 1/4 Oi StC. S. f. Ili, 2 73 SO So / 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.